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<br />B. Reclamation of the surface mine will include the reconstruction of the pre-mining ridge <br />line that trends generally northeast-southwest. The reconstructed ridge line will in <br />places be reduced in elevation from between 10 to 60 feet. However, the reconstructed <br />ridge line will achieve apost-mining surface configuration that maintains the same <br />geomorphic northeast-southwest trend, maintains original watershed basin boundazies, <br />and will in places complement drainage patterns of the surrounding terrain, with all <br />highwalls, unreclaimed spoil piles, and unreclaimed refuse piles eliminated. The <br />Division therefore finds that the post-mining topography of the ridge line will be <br />constructed to approximate original contour. <br />C. Mountaintop removal mining activities will include the disposal of spoil into 511s <br />immediately adjacent to the surface mine. The tops of these fills will be situated at or <br />below the level of the lowest coal seam to be mined. Because the fills will be <br />constructed to elevations greater than approximate original contour, the Division <br />proposes to approve a variance from the requirements of Rules 4.14.1 - 4.14.5 to restore <br />the spoil disposal areas to approximate original contour. <br />D. Portions of the regraded backfill, that will be above the lowest coal seam to be mined <br />and immediately uphill from the fills, will be constructed to complement the post- <br />mining topography of the fills. As such, these portions of the regraded backfill will also <br />not be reconstructed to approximate original contour. The Division proposes a variance <br />from the requirements of Rules 4.14.1 - 4.14.5 to restore these areas to approximate <br />original contour. <br />E. Portions of the regraded backfill, which will lie above the spoil fills, will be graded in <br />places with slopes of less than SH:1 V. The Division proposes to approve a variance <br />from the requirements of Rule 4.14.1 - 4.14.5 to restore these areas to approximate <br />original contour. <br />F. The pre-mining land use is rangeland and wildlife habitat. These are defined as <br />"agricultural use" per Rule 1.04(a). The proposed post-mining land will be rangeland <br />and wildlife habitat, and is deemed by the Division to constitute an equal or better use <br />compared to the pre-mining land use. <br />G. The pre-mining and post-mining land uses will be the same. The applicant therefore is <br />not required to comply with the requirement of Rule 4.16 regarding alternative post- <br />mining land use. The applicant is additionally not required to demonstrate that the post- <br />mining land use is obtainable according to data regarding expected need and market, as <br />the post-mining land use is the same as the pre-mine land use, which has already been <br />achieved. The proposed post-mining land use does not require any public facilities to be <br />constructed for its achievement. The proposed post-mining land use is supported by the <br />Colorado Division of Wildlife, and has been approved by the local land use planning <br />agency. <br />H. Plans for the proposed reclamation have in part been appropriately designed by a <br />registered engineer in conformance with professional standazds to ensure the stability, <br />34 <br />