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Mazch 26, 2002 <br />Page 11 of 12 Pages <br />topsoil in accordance with 4.06.4(2), and the surface shall be revegetated in accordance with <br />4.15. <br />See Rules 4.06.4(2) and 4.15 below. <br />Rule 4.043(7)(i)Rnad-surfacing materials that are incompatible with the post-mining land use <br />and revegetation requirements shall be removed and disposed of in appropriate disposal areas <br />as authorized by the Division. <br />The applicant has not proposed the use of such materials, but some will be required to comply <br />with the EA. Removal of such materials is required by the EA. <br />Rule 4.05.2 Rule 4.05.2 addresses the treatment of water from disturbed areas of a mine permit <br />area. See Rule 4.05.2(4) below. <br />Rule 4.05.2(4) For the purposes of 4.05.2, "disturbed area" shall not include those areas in <br />which only diversion ditches, sedimentation ponds, other treatment facilities, or roads are <br />installed in accordance with the performance standard requirements of this Rule and those areas <br />in which the upstream area is not otherwise disturbed by the person who conducts the surface <br />coal mining operations. <br />This application concerns only roads as provided for in this exclusion. <br />Rule 4.05.5 See the rules for the text of this rule. Best technology available is to be used to <br />minimize impacts on erosion and water quality. <br />Rule 4.06.4(2) This rule addresses the redistribution of topsoil. The application indicates that the <br />topsoil is to be redistributed over the disturbed areas to be reclaimed. <br />Rule 4.15 This mle requires each person who conducts surface coal mining operations to <br />establish on all affected land a diverse, effective and permanent vegetation cover of the same <br />seasonal variety native to the azea of disturbed land, or species that support the approved <br />postmining land use. The application is in compliance with this rule. Seed mixes as approved by <br />the USFS are to be used. <br />Rule 4.17 Each person who conducts surface coal mining and reclamation operations shall <br />stabilize and protect all surface areas, including spoil piles, to effectively control erosion and <br />attendant air pollution and shall conduct such operations in such a manner so as to comply with <br />all applicable State and Federal air quality statutes and regulations. <br />The requirements of this rule are covered in the EA. <br />