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-53- XV. Operations Description - Rules 2.05.2, 2.05.3(1), 2.05.3(2) and 4.01 The general description of the mining operations and facilities have been reviewed by the Division. Preliminary adequacy review questions concerning total coal production, 5-year mining limits, operation description and mine facilities have been adequately resolved. The general description of mine operations can be found on pages 2.05-1 through 2.05-12 of Vol I of the application. Map 3 of Vol. III shows the 5-year projected mining limit. CF&I intends to mine at a rate of 500,000 tons per year. Ventilation and haulage mains and submains are under development using traditional room and pillar methods. This type of development is expected to continue throughout this permit term. After completion of the submains, panels will be mined by longwall, shortwall and other methods. A total of 2.5 million tons of coal will be removed during this permit term. The total surface disturbance during this term will be 51.5 acres, of which all but a few have already been disturbed. The permit area encompasses 3,183 acres, but only 300 acres of underground disturbance is estimated to actually occur during this permit term. One coal seam, the Maxwell seam, will be mined. This coal strata dips approximately 20 to the northeast. Thickness of the coal averages about 8 feet. Overburden thickness ranges from 450 to 900 feet. The operation is in compliance with the requirements of this section. XYI. Explosives -Rules 2.05.3(6) and 4:08 The requirements of this section do not apply to this operation, since no explosives will be used at the surface. XVII. Backfilling and Grading -Rules 2.05.3(b), 2.05.3(9), 2.05.4(2 Information on backfilling and grading can be found on page 2.05-30 of Vol. and Maps 15 and 16 of Yol. IY and in CF&I's response of December 20, 1982 to the Draft Findings document. The backfilling and grading plan proposed by the applicant is not acceptable for the following reasons. A conical depression, 30-40 foot in diameter, was constructed as part of the portal system. The Division has informed CF&I in past correspondence of the requirement of rule 4.]4.](2) that all depressions be eliminated during backfilling and grading operations. CF&I has responded that they do ... not intend to fill the portal depression area at the Maxwell Mine" (CF&I response of December 20, 1982 to Draft findings). The applicant claims existing rights exempt them from backfilling and grading requirements for this depression. Fbwever, Rule 4.14 does not allow for an exemption from approximate original contour requirements based on existing rights.