2010-11-10_REVISION - C1981008 (2)

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0 Page 37 Section 1.04 103(28) (146) "Unwarranted failure to comma" means the failure of a permittee to (1) vent t e occurrence of any violation of his permit or any requirement of these Rules due to indifference, lack of diligence, or lack of reasonable care or (2) the failure to abate any violation of such permit or this article due to indifference, lack of diligence, or lack of reasonable care. (147) "Upland areas" means, with respect to alluvial valley floors, those geomorphic features located outside the flood plain and terrace complex, such as isolated higher terraces, alluvial fans, pediment surfaces, landslide deposits, and surfaces covered with residuum, mud flows or debris flows, as well as highland areas underlain by bedrock and covered by residual weathered material or material deposited by sheetwash, rillwash, or wind. (148) "Valley fill" means a fill structure consisting of any material other than coal waste and organic material that is placed in a valley where side slopes of the existing valley measured at the steepest point are greater than 20E or the average slope of the profile of the valley from the toe • of the fill to the top of the fill is greater than 10E. (149) "Valid existing rights" means: (a) Except for haul roads, (i) Those property rights in existence on August 3, 1977, that were created by a legally binding conveyance, lease, deed, contract or other document which authorizes the applicant to produce coal by surface coal mining operations; and (ii) The person proposing to conduct surface coal mining operations on such lands either: (A) Had been validly issued, on or before August 3, 1977 all State and Federal permits necessary to conduct such operations on those lands, or (B) Can demonstrate to the Division that the coal is both needed for, and immediately adjacent to, an on -going surface coal mining operation for which all permits were obtained prior to August 3, 1977;