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Mr. Thomas F.hmett 3 June 30, 1994 <br />The TDN specifically alleges that the State Rule 4.14.1(2)(a) has been violated. The Rule reads <br />as follows: <br />(2) Method for bacld"illing and grading. <br />(a) Except as specifically exempted, pursuant to Rules 4.14.1(2)(e), <br />4.14.1(2)(f),4.14.1(2)(g), 4.27.4 and 2.06.5, all areas disturbed by surface coal <br />mining operations shall be returned to their approximate original contour. All <br />spoil shall be transported, bacld"dled, segregated and compacted where needed to <br />insure stability or prevent leaching of toxic materials and graded to eliminate all <br />spoil piles, depressions, and highwalls, with the exception that complete highwall <br />elimination is not required for underground operations which meet the criteria of <br />4.14.1(2)(fj, and for re-mining of sites mined and abandoned prior to. August 3, <br />1977, pursuant to 4.14.1(2)(8). <br />The State definition for "Approximate Original Contour" is provided at Rule 1.04(13), and reads <br />as follows: <br />"Approximate original contour" means that surface configuration achieved by <br />backf"illing and grading of the mined areas so that the reclaimed areas, including <br />any terracing or access roads, closely resembles the general surface configuration <br />of the land prior to mining and blends into and complements the drainage pattern <br />of the surrounding terrain, with all the highwalls, refuse piles and spoil piles <br />eliminated. Water impoundments may be perutitted where the Board determines <br />that they are in compliance with Section 34-33-120(2)(h) of the Act and 4.05.9, <br />4.05.17 and 4.16." <br />The following document will also be referenced in our present response: <br />U. 5. Department of Interior <br />Office of Surface Mining <br />Reclamation and Enforcement <br />Directive System <br />INE-26; Approximate Original Contour <br />Date: 5/26/87 <br />RECLAMATION PLAN COMPLIANCE <br />The Marr Mine reclamation plan was approved by the DMG, in compliance with all applicable <br />performance standards. The regulations and laws pertaining to achievement of approximate <br />