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surface mine, creating level plateaus or gently rolling contours that are capable of <br />supporting the proposed postmining agricultural land uses of rangeland and wildlife <br />habitat. The Division therefore finds the proposed operation meets the definition of <br />mountaintop removal mining as described in Rule 2.06.3(2). <br />B. Reclamation of the surface mine will include the reconstruction of the pre-mining ridge <br />line that trends generally northeast-southwest. The reconstructed ridge line will in <br />places be reduced in elevation from between 10 to 60 feet. However, the reconstructed <br />ridge line will achieve apost-mining surface configuration that maintains the same <br />geomorphic northeast-southwest trend, maintains original watershed basin boundaries, <br />and will in places complement drainage patterns of the surrounding terrain, with all <br />highwalls, unreclaimed spoil piles, and unreclaimed refuse piles eliminated. The <br />Division therefore finds that the post-mining topography of the ridge line will be <br />constructed to approximate original contour. <br />C. Mountaintop removal mining activities will include the disposal of spoil into fills <br />immediately adjacent to the surface mine. The tops of these fills will be situated at or <br />below the level of the lowest coal seam to be mined. Because the fills will be <br />constructed to elevations greater than approximate original contour, the Division <br />approves a vaziance from the requirements of Rules 4.14.1 - 4.14.5 to restore the spoil <br />disposal areas to approximate original contour. <br />D. Portions of the regraded backfill that will be above the lowest coal seam to be mined and <br />immediately uphill from the fills will be constructed to complement the post-mining <br />topography of the fills. As such, these portions of the regraded backfill will also not be <br />reconstructed to approximate original contour. The Division approves a variance from <br />the requirements of Rules 4.14.1 - 4.14.5 to restore these areas to approximate original <br />contour, <br />E. Portions of the regraded backfill, which will lie above the spoil fills, will be graded in <br />places with slopes of less than SH:1 V. The Division approves a variance from the <br />requirements of Rule 4.14.1 - 4.14.5 to restore these areas to approximate original <br />contour. <br />F. The pre-mining land use is rangeland as defined by Rule 1.04(71)(a). The proposed <br />post-mining land will be rangeland, and is deemed by the Division to constitute an equal <br />or better use compazed to the pre-mining land use. <br />G. The pre-mining and post-mining land uses will be the same. The applicant therefore is <br />not required to comply with the requirement of Rule 4.16 regarding alternative post- <br />mining land use. The applicant is additionally not required to demonstrate that the post- <br />mining land use is obtainable according to data regarding expected need and mazket, as <br />the post-mining land use is the same as the pre-mine land use, which has already been <br />achieved. The proposed post-mining land use does not require any public facilities to be <br />constructed for its achievement. The proposed post-mining land use is supported by the <br />24 <br />