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IX. Coal Mine Waste <br />A. The applicant has not proposed to dispose of underground development <br />waste in underground mine workings. Underground mining is not proposed or <br />approved under permit revision no. 1. (4.11.3) <br />B. The Division has not reviewed and approved of a plan for extinguishing coal <br />mine waste fires. Coal mine waste will not be disposed of within the permit <br />area (4.11.1) <br />C. The Division does not approve a plan for removal of burned waste. (4.11.2 <br />and 4.11.3) <br />D. The applicant has not requested a variance from the requirement for two feet <br />of soil cover on the noncoal waste disposal site. (4.11.4(2)) <br />E. The Division does not approve construction of a dam or embankment using <br />waste. (4.11.5(1)(b)) <br />X. Backfilling and Grading <br />A. The applicant had originally requested additional time for backfilling and <br />grading following coal removal in a contour strip mine. A detailed written <br />analysis under 2.05.4(2)(c) demonstrated that additional time was necessary. <br />Permit text beginning on page 2.05-3 describes the area for the <br />contemporaneous reclamation variance area and this area is depicted on Map <br />2.05.3-1 and Figures 2.05.2-3 and 2.05.2-3. The Division approved of the <br />additional time for this area. (4.14.1 (1)) <br />B. The Division approves the retention of box cut spoil or initial cut spoil outside <br />the pit area since the applicant has demonstrated that such material is not <br />required to achieve approximate original contour in accordance with 4.09.1 <br />(4.14.1(2)(d)). <br />C. The applicant has demonstrated that the fill used to eliminate the highwall and <br />depressions meets all the requirements of 4.05, 4.06, 4.09 and 4.15. <br />Therefore, the Division approves that excess material not required for highwall <br />and other depression backfill need not be returned to approximate original <br />contour (4.14.1(2)(c)). <br />D. The Division approves a modification in the general grading requirements of <br />4.14.2 since sufficient spoil will not be available (4.14.2(1)). <br />E. In order to conserve soil moisture, ensure stability, and control erosion on final <br />graded slopes, the Division approves cut-and-fill terraces. These terraces are <br />19