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<br />E. Portions of the regraded backtill, which will lie above the spoil tills, will be graded in <br />places with slopes of less than SH:1 V. The Division approves a variance from the <br />requirements of Rule 4.14.1 - 4.14.5 to restore these areas to approximate original <br />contour. <br />F. The pre-mining ]and 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 <br />post-mining land use is obtainable according to data regarding expected need and <br />market, as the post-mining land use is the same as the pre-mine land use, which has <br />already been achieved. The proposed post-mining land use does not require any public <br />facilities to be constructed for its achievement. The proposed post-mining Jand use is <br />supported by the Colorado Division of Wildlife, and has been approved by the local <br />land use planning agency. <br />H. Plans for the proposed reclamation have been appropriately designed by a registered <br />engineer in conformance with professional standards to ensure the stability, drainage, <br />and configuration has been planned to integrate the mining and reclamation with the <br />post-mining land use. <br />"fhe Division has provided, in writing, to the local Board of County Commissioners <br />and other appropriate agencies, an opportunity of not more than 60 days to review and <br />comment on the proposed post-mining land use. <br />The permit application is clearly identified as being for mountaintop removal mining. <br />XX. Operations on Steep Slopes <br />No specific approvals are granted under this section. <br />XXI. In Situ Processing <br />No specific approvals are granted under this section. <br />zs <br />