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Page 60 Construction Materials Rule 3 otherwise approved by the Board or Office, shall be no steeper than a ratio of 2:1 (horizontal to vertical ratio), except from 5 feet above to 10 fee[ below the expected water line where slopes shall be not steeper than 3:1. Tf a swimming area is proposed as a portion of the Reclamation Plan, the slope, unless otherwise approved by the Board or Office, shall be no steeper than ~: ] throughout the area proposed for swimming, and a slope no steeper than 2:1 elsewhere in the pond. it6(a)to) (8) If the Operator's choice of reclamation is for agricultural or horticultural crops which normally require the use of farm equipment, the Operator shall grade so that the area can be traversed with farm machinery. (9) An Operator may backfill structural fill material generated ;a chin the MLRB pemritted area into an excavated pit within the permit azea as provided for in the MLRB Permit If an Operator intends to backfill inert structural fill ~enerated~ outside of the approved permit area, i[ is the Operator's responsibility to provide the ~ Office notice of any proposed backfill activity not identifies: in the approved Reclamation Plan. If the Office does not respond to the Operator's notice within thirty (30) days after receipt of such Notice by the Office, the Operator may proceec: in accordance with the provisions of this Rule. The Operator shall maintain a Financial Warranty at all times adequate to cover the cost to stabilize and cover any exposed backfilled material. The Notice to the Office shall include but is not limited to: (a) a narrative that describes the approximate location of the proposed activity; (b) the approximate volume of inert material tr• oackfilled; (c) a signed affidavit certifying that the material is clean and inert, as defined in Rule 1.1(20); (d) the approximate dates the proposed activity will commence and end, however, such dates shall not be an enforceable condition; (e) an explanation of how the backfilled site will result in a post- miningconfiguration that is compatible with the approved post-mining land ' I, use; and / W 1V