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• Rule 2.06.4 - Steep Slope Mining <br />(1) Scope. 2.06.4 applies to any person who conducts or intends to <br />conduct steep slope mininq and reclamation operations, except: <br />(a) Where an operator proposes to conduct surface coal mininq <br />and reclamation operations on flat or gently rolling terrain, leaving a <br />plain or predominantly flat area, but on which an occassional steep slope <br />is encountered as the mininq operation proceeds; <br />(b) Where a person obtains a permit for mountaintop removal <br />mininq; or <br />(c) To the extent that a person obtains a permit incorporating a <br />variance under 2.06.5. <br />(2) Any application for a permit for surface coal mining and <br />• reclamation operations covered by 2.06.4 shall contain sufficient <br />information to establish that the operations will be conducted in <br />accordance with the steep slope performance standards in 4.27.3. <br />(3) No permit shall be issued to any operations covered by this <br />2.06.4 unless the Division finds, in writing, that in addition to meeting <br />all other requirements of the performance standards, the operation will be <br />conducted in accordance with the requirements of 4.27.3 <br />RESPONSE: <br />No steep slope mining, as that term is defined in Rule 1.04(125), has <br />been or will be conducted at Fish Creek Tipple. Therefore, "steep <br />slope" reclamation practices are unnecessary. The general slopes in <br />the proposed permit area ranged between 90 and 110 prior to mining. <br />Since no slope exceeded 200, this Rule and the performance standard <br />requirements of Section 4.27 are not applicable to this permit <br />application. <br />• <br />2.06-3 <br />