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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 />Sec <br />mate original contour. Although the permanent overburden stockpile ~ ~,d <br />located in Section 24, Township 5 North, Range 86 Wrct. technically 11 <br />~ ~ <br />is within the proposed permit area, St is the oosition of Enere~ <br />Fuels that Lhis stocky a 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 stab Le 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 stoc p e oes not cross the drainage located <br />immediately to the west 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 outslope 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 />4.09 - 12 <br />