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<br />D. The applicant has not requested a variance from the requirement for two feet of soil <br />cover on the noncoal waste disposal site. (4.11.4(2)) <br />E. The Division is does not approve construction of a dam or embankment using <br />waste. (4.11.5(1)(b)) <br />X. Backfilling and Gtading <br />A. The applicant has requested additional time for backfilling and grading following <br />coal removal in a contour strip mine. A detailed written analysis under 2.05.4(2)(c) <br />has demonstrated that additional time is necessary. Permit text beginning on page <br />2.05-3 describes the area for the contemporaneous reclamation variance area and <br />this area is depicted on Map 2.05.3-1 and Figures 2.05.2-3 and 2.05.2-3. The <br />Division proposes to approve of the additional time for this area. (4.14.1(1)) <br />B. The Division is proposing to approve the retention of box cut spoil or initial cut <br />spoil outside the pit area since the applicant has demonstrated that such material is <br />not required to achieve approximate original contour in accordance with 4.09.1 <br />(4.14.1(2)(d)). <br />C. The applicant has demonstrated that the fill used to eliminate the highwall and <br />depressions meets all the requirements of 4.05, 4.06, 4.09 and 4.15. Therefore, the <br />Division proposes to approve that excess material not required for highwall and <br />other depression backfill need not be returned to approximate original contour <br />(4.14.1(2)(c)). <br />D. The Division is proposing to approve a modification in the general grading <br />requirements of 4.14.2 since sufficient spoil will not be available (4.14.2(1)). <br />E. In order to conserve soil moisture, ensure stability, and control erosion on final <br />graded slopes the Division is proposing to approve cut-and-fill terraces. These <br />terraces are compatib]e with the post-mining ]and use, and will meet al] the <br />requirements of this Rule (4.14.2(2)). <br />F. The Division is not proposing to approve terrace outslopes which are steeper than <br />2h:ly (50%). The Division does not approve of the retention of a highwall as a <br />part of a terrace. (4.14.2(2)(c)) <br />G. Small depressions in the backfill maybe used [o minimize erosion, create or <br />enhance wildlife habitat, conserve soil moisture, and promote revegetation. The <br />Division proposes to approve their construction.(4.14.2(3)) <br />H. The Division proposes to approve the applicant's plan for disposal of debris, <br />acid-forming or toxic materials, or materials constituting a fire hazard in a manner <br />designed to prevent coritamination of ground or surface waters. A contingency <br />29 <br />