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resulting in an average post-mining topographic deflation of 2.8 feet. In either case, the <br />projected post-mining topographic configuration is considered by the Division to <br />constitute an acceptable approximate original contour configuration. <br />In the first permit term, the Division approved a reclamation plan allowing a delay in <br />contemporaneous reclamation under Rule 4.14.1(1)(c). The approval was granted due <br />to the nature of the operation plan which entails concurrent mining of two separate mining <br />areas (north and south) with a single dragline. Pit development in both the north and <br />south blocks begins with an initial box cut. Development proceeds from each box cut in <br />opposite directions at different times during the operations plan. The sequence of pit <br />development will not allow for backfilling and grading to be completed within 180 days <br />of coal removal. At the point of maximum disturbance, there will be two open pits within <br />each mining block. <br />Pursuant to Rule 4.14.1(1)(c), the Division approved a variance from the requirement that <br />rough backfilling and grading be conducted within 180 days following coal removal. This <br />variance applied to the entire permit area. In addition, a variance from the requirement <br />that there be no more than 4 spoil ridges behind the pit currently being work was <br />approved fora 25.5 acre area of the north block and a 41.8 acre area of the south block. <br />Within these areas, as depicted on Exhibit 19-1, up to 11 spoil ridges were allowed <br />between the two open pits in the north block and up to 11 spoil ridges were also allowed <br />between the two open pits in the south block, to allow for sufficient operational area to <br />allow for highwall reduction grading. The additional spoils were accounted for in the <br />reclamation cost estimate for the reclamation bond. <br />In Permit Renewal No. 3, SCC requested a variance a variance from backfilling and <br />grading in the D pit for the development of an underground mine. Rule 2.06.7 specifies <br />the requirements that must be fulfilled for Variances in Contemporaneous Reclamation <br />in Combined Surface and Underground Mining Operations. To permit a delay in <br />contemporaneous reclamation, Rule 2.06.7(4) requires the DMG to make a finding that <br />a complete application has been filed in accordance with Rule 2.06.7. SCC has not filed <br />a complete application under these criteria to date. Therefore, the following stipulation <br />is attached to the permit renewal. <br />Stipulation No. 28 <br />Backfilling and grading of the D pit shall commence by November 15, 2001, <br />unless SCC files a complete application in accordance with the requirements of <br />Rule 2.06.7, Variances for Delay in Contemporaneous Reclamation <br />Requirements in Combined Surface and Underground Mining Operations. <br />Potentially acid or toxic-forming spoil material has been and will be identified by <br />sampling regraded spoil, and will be chemically treated or buried with a minimum of four <br />feet of topsoil. By neutralizing and/or isolating any acid or toxic-forming material from <br />Seneca 11-W Findings Document 36 June I5, 2001 <br />Permit Renewal No. 3 <br />