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5 <br />the Rule 4.27, Operations on Steep Slopes, the applicant <br />is allowed variance from approximate original contour, if <br />the approximate original contour configuration will not <br />achieve a static slope safety factor of 1.3, as required <br />by Rule 4.14. Ideally, the entire highwall shall be <br />backfilled to achieve a safety factor of 1.3. In <br />situations in which a static slope safety factor of 1.3 <br />cannot be achieved, the applicant proposes to backfill to <br />that configuration which will maximize the static slope <br />safety factor of that portion of the backfilled slope. <br />Remaining portions of the exposed cut slopes will be <br />treated to achieve a surface which is as erosionally and <br />as structurally stable as is possible. <br />The permit renewal application, however, does not explicitly set <br />forth the required demonstrations, and in the renewal application <br />form contained in Volume I of the permit application package, it is <br />indicated that Rule 2.06, "Special Categories of Mining" is "Not <br />Applicable." <br />Section 3.0 of Volume I of the application contains the following <br />statement: <br />The affected area will be returned to approximate <br />original contours with special consideration of <br />reestablishing the ephemeral drainageway. Existing or <br />pre-mining land use is the principle criterion for <br />establishing reclamation objectives. <br />Section 3.1 of Volume 1 contains the following statements: <br />A topographic map depicting approximate final reclamation <br />contours is presented in Figure 3.1-1. Post-mining <br />slopes and landform configuration are similar to the pre- <br />mining conditions identified in Figure 1.1-2, and <br />existing conditions shown in Figure 2.2-1. Because the <br />disturbed area associated with the operation is of <br />limited area and is located primarily in a draw with <br />steep slopes and rock outcrops existent, post-mining <br />topographic configuration will not be unlike the pre- <br />mining conditions. <br />All disturbed area will be returned to its former uses, <br />wildlife habitat and rangeland and will be returned in a <br />manner that is suitable to such use and correlated with <br />surrounding land uses which are generally based on <br />topographic limitations. <br />Section 3.3 of Volume 1 contains the following statements: <br />Except as specifically indicated below, extensive <br />regrading to attempt to return the steep pre-mining <br />slopes is not planned. <br />