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<br />V. Backfilling and Grading <br />Stipulation No. 3 was placed on the Division's January 14, 1987 <br />decision to renew the Edna Mine permit. The stipulation was as follows: <br />Stipulation No. 3 <br />Prior to mining in the Moffat Area, the applicant shall <br />demonstrate, based upon on-the-ground performance, that the convex <br />lower slopes do not cause excessive rilling and gullying or that <br />rilling and gullying on these slopes can be controlled. If the <br />applicant's efforts to control rilling and gullying in the areas <br />reclaimed prove unsuccessful, the applicant will redesign the <br />post-mining topography to eliminate the convexity from the lower <br />portions of the slope. <br />The issue was resolved with the approval of Permit Revision O1 on May <br />12, 1990. The revision changed the direction and sequence of mining in <br />the Moffat Area, resulting in the omission of plans for convex lower <br />slopes on reclaimed lands. <br />A. The applicant has requested additional time for backfilling and <br />grading following Coal removal in a contour strip mine. A detailed <br />written analysis under 2.05.4(2)(c) has demonstrated that <br />additional time is necessary during winter months when snow <br />accumulations would hamper attempts to accomplish final grade. <br />Therefore, the Division approved the additional time. During <br />winter months, Pittsburg & Midway will not be required to grade <br />spoils within 180 days of coal removal. Any spoil ridges beyond <br />180 days or four spoil ridges will be topped at least eight feet <br />vertically. Grading to within four spoil ridges will be completed <br />by June 1 of each year. Details on this variance can be found in <br />Section 3.4.1 of the permit application (4.14.1). <br />B. The Division approved the retention of box cut spoil or initial cut <br />spoil outside the pit area since the applicant demonstrated that <br />such material is not required to achieve approximate original <br />contour in accordance with 4.09.1. Spoils from the initial box cut <br />at the Moffat Area were cast southward onto previously mined Center <br />Ritlge spoils. The area was mined prior to August 3, 1977, and no <br />topsoil was salvaged. Spoils were graded and revegetated <br />(4.14.1(2)(4)). <br />C. In order to conserve soil moisture, ensure stability, and control <br />erosion on final graded slopes the Division approved cut-and-fill <br />terraces for previously mined West Ridge Areas. These terraces are <br />compatible with the post-mining land use, and will meet all the <br />requirements of Rule 4.14.2(2). Details of the plan are in Volume <br />12a of the permit application. <br />_P7_ <br />