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3 <br />•f <br />_~ _ <br />Rule 4.09.4 (7) - Continued <br />As more fully discussed under Rule 2.05.3 (6)(b) and Rule 4.14.1, <br />all spoil and underground development waste that will be produced <br />from the active mining areas will be utilized to achieve approxi- <br />mate original contour. Although the permanent overburden stockpile <br />located in Section 24, Township 5 North, Range 86 West, technically <br />is within the proposed permit area, it is the position of Energy <br />Fuels that this stockpile is not subject to the performance stan- <br />dards of Rule 4.09. This stockpile was permitted under Permit No. <br />76-16, it has not been disturbed since early 1980 when it was <br />graded out to a stable slope, and it will not be disturbed in the <br />future. In these circumstances, Rule 4.09 is not applicable. <br />Since the toe of the stockpile does not cross the drainage located <br />- immediately to the vest of the pile, instability due to surface <br />_ water drainage will not be a problem. The top of the stockpile is <br />- graded back from the outs lope of the face to prevent erosion. The <br />-- overall configuration of the stockpile is compatible with the <br />- general terrain of the area and is compatible with the designated <br />-. postmining land use of pastureland for livestock and wildlife. <br />M~~- <br /> <br />.~yT <br />c <br />..~ <br />.~ <br />°n <br />-. . <br /> <br />~~. <br /> <br /> <br />i 1i <br />i .{. <br />~.~ <br />'J ^. <br />w <br />' <br />. <br />TS7 -, <br />- <br />~ <br />l~ • <br />ti :.- <br /> <br />4.09 - 12 <br />