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This area cannot be permanently rec]aimed until mining recommences in the sixth year of mining and progresses further toward the northwest. A similar situation is encountered near the southeast terminus of the mined area in the fifth year of mining. Approximately 3,400 feet of pit will be left open at that location for two years, The Division finds the requested variances from strict contemporaneous reclamation to be permissible. On page 12-60 of the amended application the applicant observes, "Peabody Coal Company has tried to take into account all of the factors that contribute to the development of the final topography in the preparation of the post-mining topography map, Exhibit 13-2. As mining progresses, Peabody will continue to monitor the estimated appearance of the topography with the aid of the computer. The post-mining topography map should be considered a 'best estimate'. If Peabody finds in its monitoring of swell, grading, and field conditions that the post-mining topography will deviate significantly from that shown on the map, the Division will be notified." The operator has been producing annual post-mining topographic maps of areas graded within the Seneca II Mine. This practice has proven sufficient to allow verification of the post-mining topography. The operator specifically commits to the submission of annual post-mining topography maps showing areas that have been graded during the year. The backfilling and grading portion is found to be in compliance with Rules 2.05.3(6), 2.05.4(2)(a) and (c ), 4,13 and 4.i4. XVIII. Coal Processing Waste and Non-Coal Processing Waste = Ru es 2. 5.3 8 2.05.4 2 (f 4.10 and 4.11 The applicant proposes no processing of coal within the permit area. All raw coal will be transported to the Colorado Ute generating station near Hayden, Colorado for use. Therefore, the Seneca II-W Mine will not generate coal processing waste. Non-coal processing waste will be disposed of in an approved disposal area off site. This section is in compliance. XI X. Mine Facilities, Coal Handling Structures, Support Facilities - o,~ e~ ~ nc a a ~ nc > > »a n nd Volume VI, Tab 12, Operations contains detailed information on the existing and proposed mine facilities. The existing facilities consist of an equipment construction site to be used mainly for the erection of the dragline, fuel storage areas, a temporary office/bath house, a potable water well and supply line to the approved facilities area and an electric substation. Explosive storage facilities are under construction as are more permanent facilities in the yard area located directly south and uphill from Pond 006. This section is in compliance with the requirements of the regulations. -47-