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The plot of the 1984 contour lines shown on Map 29 at station 8+00 reflects a 2.1 H:1 V slope beginning <br />between 6250 and 6200 ft. elevation at the top of the slope, and ending at approximately 6160 ft. <br />elevation based upon the contour interval on the map. Since permit page 2.05-25 commits RAG-EC to <br />reclaiming this portal slope to approximately a 3H:IV, this plotted cross-section from Map 29 does not <br />reflect the post-mining regraded slope. <br />As of February 9, 2004, RAG-EC had not removed fill material from the majority of the coal storage <br />pad to bring the pad elevation down to the final valley floor elevation. Removal of the coal stockpile <br />and facilities area pad is still required when the operator conducts the final reclamation. The No. 5 <br />portal backfilled slope measured 3.2H:1 V. This slope complies with the permit commitment and is in <br />agreement with Rule 4.14.2. During the February 9, 2004 inspection, the Division measured the toe of <br />the slope as beginning at the coal pad elevation, approximately 6150 ft. (DWG IV-23) and rising 75 feet <br />over a horizontal distance of 251 feet along a compass direction of 315° (N45°W). The top of the slope <br />tied in with the upland diversion ditch (DWG IV-48) and corresponds with an elevation of <br />approximately 6225 feet. This upper elevation is in agreement with the post-mining cross-section <br />shown in DWG IV-23 within 3 ft. elevation. The operator has blended the top and the toe of the slope to <br />blend with the surrounding slopes. <br />Please keep in mind that Backfill and Grading Rule 4.14.2(]) requires that "the final graded slopes shall <br />approximate pre-mining slopes, or any lesser slopes approved by the Division based on consideration of <br />soil, climate, or other characteristics of the surrounding area. Post-mining final graded slopes need not <br />be uniform but shall approximate the general nature of the pre-mining topography. " Rule 1.04(13) <br />provides a definition of "approximate original contour" but specifies that all highwalls be eliminated. <br />The approved post-mining contours for a specific area might not be identical to pre-mining conditions; <br />however, they shall reflect an elimination of all highwalls, an approximation the general nature of the <br />pre-mining topography, and an achievement of a minimum static safety factor of 1.3. Rule 4.14.3 also <br />requires that any exposed coal seams be covered to prevent sustained combustion. Permit page 2.05-23 <br />commits RAG-EC to cover all exposed coal seams with a minimum of four (4) feet of inert material. <br />Your letter from February 1, 2004 indicated that the amount of material placed on the slope was "far in <br />excess of anything required to close the opening of the old mine." The measured slope indicates that the <br />operator backfilled the slope with slightly less material than shown on the approved cross-sections. The <br />resulting slope is approximately 10 foot lower in fill height than that shown as the approved post-mining <br />cross-section. The backfilled slope still meets an approximate 3H:1 V grade. This variance is <br />acceptable. <br />Your February 1, 20041etter wrote of your concern that the haul road would be at the valley floor level <br />after reclamation. Cross-sections DWG IV-22, 23 and 24 show the haul road running along the toe of <br />the backfilled slope at final reclamation, rather than at the valley floor level. Based upon my <br />observations on February 9, 2003, this road can reasonably be established along the toe of the backfilled <br />slope at final reclamation. <br />The February 1, 2004 a-mail also indicated that RAG-EC was using yow property as a place to dispose <br />of excess materials that they will ultimately required to remove from the valley floor. Permit page 2.05- <br />25 commits RAG-EC to use the fill material from the pad areas around the portal entries, railroad track <br />bed, and railcaz leading/unloading ramps to Backfill the No. 5 portal faceup highwall. The Division <br />conducted an inspection on January 28, 2004, and found that RAG-EC had removed the top 18 inches <br />(containing coaly material) of the pad extension and placed this material by the stacker tube for removal <br />