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highwall shall be eliminated to the maximum extent technically practical in accordance with the <br />following criteria: <br />The PAP is in compliance with this rule. Although the highwall mining is proposed in azeas <br />previously mined (i.e., the pits), there is adequate material to backfill the pits to the approved <br />postmining reclamation plan. This activity effectively eliminates highwalls. <br />Rule 4.23.2(7)(b)(i) The person who conducts the auger mining operation shall demonstrate to <br />the Division that the bac>~ll, designed by a qualified registered professional engineer, has a <br />minimum static safety factor for the stability of the bacl~ll of at least 1.3. <br />The application is, by exception, in compliance with this rule. Highwall backfills are buried <br />under pit backfill. <br />Rule 4.23.2(7)(b)(ii)Rll spoil generated by the auger mining operation and any associated <br />surface coal mining and reclamation operation, and any other reasonably available spoil shall <br />be used to bacl~ll the area. Reasonably available spoil steal! include spoil generated by the <br />mining operation and other spoil located in the permit area that is accessible and available for <br />use and that when rehandled will not cause a hazard to the public safety or significant damage <br />to the environment. For this purpose, the permit area shall include spoil in the immediate <br />vicinity of the auger mining operation. <br />The application is, by exception, in compliance with this rule. Any spoil generated will be at the <br />bottom of the access strip mine pits. <br />Rule 4.23.2(7)(b)(iii) The coal seam mined shall be covered with a minimum of 4 feet of <br />non-acid, nontoxic forming material and the backfill graded to a slope which is compatible with <br />the approved postmining land use and which provides adequate drainage and long-term <br />stability. <br />The application is in compliance with this rule. Backfill in the immediate vicinity of the highwall <br />holes will be covered and masked by the pit backfill. <br />Rule 4.23.2(7)(b)(iv) Any remnant of the highwall shall be stable and not pose a hazard to the <br />public health and safety or to the environment. <br />The application is, by exception, in compliance with this rule. There are no remnant highwalls. <br />Rule 4.23.2(7)(b)(v) Spoil placed on the outslope during previous mining operations shall not be <br />disturbed ifsuch disturbances will cause instability of the remaining spoil or otherwise increase <br />the hazard to the public health and safety or to the environment. <br />The application is, by exception, incompliance with this rule. There is no spoil placed on outslopes. <br />