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• (b) The permit shall be specifically marked as containing a variance fiom approximate original <br />contour. <br />RESPONSE <br />Twentymile Coal Company (TCC) is not requesting a variance from re-establishing approximate original contour. <br />Furthermore, as explained in Section 2.06.4, no steep slope mining will be conducted. Therefore, the requirements <br />of this Rule 2.06.5(1) through (6) aze not applicable to this permit application. <br />Rule 2.06.6 -Prime Farmlands <br />(1) Scope. 2.06.6 applies to any person who conducts or intends ro conduct surface coal mining <br />activities on prime farmlands historically used for cropland. Areas where mining is authorized under permits issued <br />or mining plans approved prior to August 3, 1977, including lands that contain part of a continuous recoverable <br />coal seam that was being mined in a single continuous mining pit (or multiple pits if the lands are proven to be part <br />of a single continuous surface coal mining operation) began under a permit issued prior to August 3, 1977, and the <br />permittee ltad a legal right to mine the lands prior to August 3, 1977, through ownership, contract or lease, but not <br />including an option to butlease or contract, are exempt from the requirements of this rule. <br />A single continuous surface coal minhtg operation is presumed to consist only of a single continuous mining p it <br />under a permit issued prior to August 3, 1977, but may include noncontiguous parcels if the oucrator can prove by <br />clear and convincing evidence that, prior to August 3, 1977, the noncontiguous parcels were Hart of a single <br />permitted operation. For the purposes of this paragraph, clear and convincing evidence includes, but is not limited <br />to, contract, leases, deeds or other progeny executed legal documents (not including options) that specifically treat <br />physically separate parcels as one surface coal mining operation. <br />• <br />at a minimum: <br />(a) A soil survey of the permit area according to standards established by the U.S.D.A. Soil <br />Conservation Service for the National Cooperative Soil Survey. These standards are described in the National Soils <br />Handbook (Soil Survey Staff, 1983). <br />(i) This publication is hereby incorporated by reference as it exists on the date of <br />adoption of these rules. The National Soils Handbook is available for inspection at the Division's Denver office, at <br />the Denver off ice of the U.S.D.I. Office of Surface Mining Reclamation and Enforcement, and at the Colorado <br />state office of the U.S.D.A. Soil Conservation Service. <br />The soil survey shall include descriptions of soil nntpping units and representative <br />soil profiles. Descriptions of soil mapping units and representative profiles shall include such ncccssarv <br />information as determined by the U.S.D.A. Soil Conservation Service, including, but not limited lo, depth, pH, and <br />range of density of soil horizons. determined in accordance with National Cooperative Soil Survey Standards as <br />established under Rule 2.06.6(2)(a). for each prime farmland soil to be disturbed by minim,. Soil profile <br />descriptions of representative profiles Gom the locality may be used to comph• with the requirements of this section <br />if the use of such descriptions is approved by the U.S.D.A. Soil Conservation Service. The Division may request <br />the operator to provide information on other physical and chemical soil properties as needed to make a <br />determination that the operator has the technological capability to restore the prime farmland within the permit area <br />to the soil reconstruction standards of Rule 4 25. <br />• (h) The pronoscd method and ri'pc of cguinmcnt to be used for rcmovah <br />storage, and replacement of the soil in accordance with 425. <br />Permit Renewal No.3 2.06-2.2 4/1/99 <br />