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,\ <br />• The reclamation timetable presented under Rule 2.05.4(2)a demonstrates <br />that the backfilling, grading, topsoil redistribution and revegetation <br />plans for the Fish Creek Tipple will be instituted as <br />contemporaneously as practicable. <br />Rule 2.06.8 - Surface Coal Mining and Reclamation Operations on Areas or <br />Adjacent to Areas, Including Alluvial Valley Floors <br />(1) Scope. 2.06.8 applies to each person who conducts or intends to <br />conduct surface coal mining and reclamation operations in, adjacent to or <br />under a valley holding a stream. <br />RESPONSE: <br />The proposed permit and adjacent area contains valleys holding <br />intermittent and perennial streams, as shown on Map 5, Fish Creek <br />Tipple Hydrology. Mining activities have been and will be conducted <br />• adjacent to the stream valley of Fish Creek, a perennial stream. <br />(2) No person shall engage in surface coal mining and reclamation <br />operations subject to 2.06.8, except under a permit issued by the Division <br />or Board in accordance with 2.06.8. <br />RESPONSE: <br />Twentymile Coal Company hereby applies for a permit to utilize the <br />Fish Creek Tipple and conduct reclamation operations in accordance <br />with and having shown compliance with Rule 2.06.8. <br />(3) Alluvial Valley Floor Determination <br />(a) Any person who proposes to engage in Surface coal mining <br />operations, may, prior to making an application for a permit, request in <br />writing that the Board give an informal opinion on whether or not the area <br />of the land to be affected by such proposed operations is in, adjacent to, <br />• <br />2.06-8 <br />