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<br />49. Rule 4.06 (Statute 34-32-120(2)(e)) <br />The permit is in compliance with this Rule. <br />50. Rule 4.07 (Statute 34-32-120(2)(jZ) <br />The permit is in compliance with this Rule, with the exception of those issues discussed <br />previously in this review. <br />51. Rule 4.08 (Statute 34-32-120(2)(0)) <br />The permit is in compliance with this Rule. <br />52. Rule 4.09 (Statute 34-32-120(2)(u)) <br />The "East Dump," an overburden fill constructed in the eastern half of the Bourg Mine <br />permit area, is described in the permit on pages D-1, D-3, D-5, D-6, F-2, F-5, Plates <br />7-lOc and Appendix J. Construction of this "dump" was necessary to achieve <br />approximate original contour during reclamation, and as such was not deemed to be a <br />pile composed of excess spoil (Rule 1.04(43a)). Rule 4.09 does not apply to the East <br />Dump. The permit is therefore in compliance with this Rule. <br />53. Rule 4.10 (Statute 34-32-120(2)(n)) <br />The permit is in compliance with this Rule, as no coal mine waste banks were <br />constructed at the Bourg Mine. <br />54. Rule 4.11 (Statute 34-32-120 (2)(n)) <br />The permit is in compliance with this Rule. <br />55. Rules 4.12 and 4.13 (Statute 34-32-120(2)) <br />The permit is in compliance with this Rule. <br />56. Rule 4.14 (Statute 34-32-120(2)(c)) <br />The permit is in compliance with this Rule. A plan for managing rills and gullies that <br />may develop at the mine site has been approved in accordance with Rule 4.14.6. <br />57. Rule 4.15 (Statute 34-32-120(2)(b)) <br />(a) Monitoring of revegetation as required by Rule 4.15(4) is occurring. <br />(b) Introduced species were approved by the Division in accordance with <br />Rule 4.15.2(3). <br />-11- <br />