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C. The Division does not approve a plan for removal of burned waste. (4.11.2 and <br />4.11.3) <br />D. The applicant has not requested a variance from the requirement for two feet of soil <br />cover on the noncoal waste disposal site. (4.1 1.4(2)) <br />E. The Division does not approve construction of a dam or embankment using waste. <br />(4.11.5(1)(b)) <br />X. Backfilling and Grading <br />A. The applicant has requested additional time for backfilling and grading following <br />coal removal in a contour strip mine. A detailed written analysis under 2.05.4(2)(c) <br />has demonstrated that additional time is necessary. Permit text beginning on page <br />2.05-3 describes the area for the contemporaneous reclamation variance area and <br />this area is depicted on Map 2.05.3-1 and Figures 2.05.2-3 and 2.05.2-3. The <br />Division approves of the additional time for this area. (4.]4.1(1)) <br />B. The Division approves the retention of box cut spoil or initial cut spoil outside the <br />pit area since the applicant has demonstrated that such material is not required to <br />achieve approximate original contour in accordance with 4.09.1 (4.14.1(2)(d)). <br />C. The applicant has demonstrated that the fill used to eliminate the highwall and <br />depressions meets all the requirements of 4.05, 4.06, 4.09 and 4.15. Therefore, the <br />Division approves that excess material not required for highwall and other <br />depression backfill need not be returned to approximate original contour <br />(4.14.1(2)(c)). <br />D. The Division approves a modification in the general grading requirements of 4.14.2 <br />since sufficient spoil will not be available (4.14.2(1)). <br />E. In order to conserve soil moisture, ensure stability, and control erosion on final <br />graded slopes, the Division approves cut-and-fill terraces. These terraces are <br />compatible with the post-mining land use, and will meet all the requirements of this <br />Rule (4.14.2(2)). <br />F. The Division does not approve terrace outslopes which are steeper than 2h:ly <br />(50%). The Division does not approve of the retention of a highwall as a part of a <br />terrace. (4.14.2(2)(c)) <br />G. Small depressions in the backfill maybe used to minimize erosion, create or <br />enhance wildlife habitat, conserve soil moisture, and promote revegetation. The <br />Division approves their construction.(4.14.2(3)) <br />20 <br />