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-40- Drill hole 2-19-B1-2, completed in the area to be mined at Pit 4 shows a total overburden and coal thickness of 67 feet. The total minable coal thickness is 9.4 feet, which leaves approximately 57 feet of in place overburden strata. When swelled 15%, the resulting volume would result in a lowering in surface elevation following mining of roughly 2 feet. The 15% swell projection is considered by the Division to be reasonable, given the results observed in the adjacent pits at Grassy Gap. In general, surface elevations have been restored, slopes have not been oversteepened, and reclaimed areas blend into the adjacent terrain. Backfilling and grading will be accomplished concurrently with mining, as pits progress sequentially uphill. Based on the mine plan map, and projections provided by the applicant, the maximum pit volume which will exist during the permit term is approximately 300,000 yd Maximum pit disturbance at any point in time will include less than 7 acres of active pit, and equivalent acreages will be stripped but not mined and backfilled but not topsoiled. Rule 4.14.1(2)(a) requires that spoil be "graded to eliminate all highwalls, spoil piles and depressions". The application proposes retention of sediment ponds at Pits 2, 3 and 4 as permanent impoundments. Due to the hillslope topographic position of the ponds, they do not meet criteria for permanent impoundments specified in Rule 4.05.9(1)(e). Since the ponds do not meet permanent impoundment criteria, the application is not in compliance with the requirements of Rule 4.14.1(2)(a). The following stipulation is necessary. Stipulation No. 8: WITHIN ONE MONTH OF PERMIT ISSUANCE, THE PERMITTEE WILL SUBMIT TO THE DIVISION ACCEPTABLE PLANS, INCLUDING APPROPRIATE CROSS SECTIONS, FOR RECLAIMING THE SEDIMENT PONDS AT PITS 2, 3 AND 4.. THE PLANS MUST DEMONSTRATE COMPLIANCE WITH RULE 4.14.1(2)(a) WHICH SPECIFIES THAT SPOIL BE "GRADED TO ELIMINATE ALL HIGHWALLS, SPOIL PILES AND DEPRESSIONS." Rill and gully erosion has proven to be a problem on topsoiled slopes at reclaimed pits 2, 3 and 5 and could potentially be a problem on reclaimed slopes at Pit 4. The following stipulation is necessary: Stipulation No. 9: WITHIN SIX MONTHS OF PERMIT ISSUANCE, THE PERMITTEE WILL SUBMIT A PLAN FOR CONTROLLING RILL AND GULLY EROSION DURING THE EARLY STAGES OF RECLAMATION. THE PLAN WILL ADDRESS BOTH PREVENTATIVE AND REMEDIAL MEASURES. With the acceptance of the above stipulations, the applicant is in compliance with the requirements of this section.