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J . ;C <br />(7) <br />116(4)(o) (8) If the Operator's choice of reclamation is for agricultural or <br />horticultural crops which normally require the use of farm <br />equipment, the Operator shall grade so that the area can be <br />traversed with farm machinery. <br />( <br />Page 61 <br />Construction Materials Rule 3 <br />post mine land use and shall comply with the provisions of the Act, <br />Construction Material Rules and Regulations. <br />Maximum slopes and slope combinations shall be compatible with <br />the configuration of surrounding conditions and selected land use. <br />In all cases where a lake or pond is produced as a portion of the <br />Reclamation Plan, all slopes, unless otherwise approved by the <br />Board or Office, shall be no steeper than a ratio of 2:1 (horizontal to <br />vertical ratio), except from 5 feet above to 10 feet below the <br />expected water line where slopes shall be not steeper than 3:1. If a <br />swimming area is proposed as a portion of the Reclamation Plan, <br />the slope, unless otherwise approved by the Board or Office, shall <br />be no steeper than 5:1 throughout the area proposed for swimming, <br />and a slope no steeper than 2:1 elsewhere in the pond. <br />An Operator may backfill structural fill material generated within the <br />MLRB permitted area into an excavated pit within the permit area <br />as provided for in the MLRB Permit. If an Operator intends to <br />backfill inert structural fill generated outside of the approved permit <br />area, it is the Operator's responsibility to provide the Office notice of <br />any proposed backfill activity not identified in the approved <br />Reclamation Plan. If the Office does not respond to the Operator's <br />notice within thirty (30) days after receipt of such Notice by the <br />Office, the Operator may proceed in accordance with the provisions <br />of this Rule. The Operator shall maintain a Financial Warranty at all <br />times adequate to cover the cost to stabilize and cover any exposed <br />backfilled material. The Notice to the Office shall include but is not <br />limited to: <br />(a) a narrative that describes the approximate location of the <br />proposed activity; <br />(b) the approximate volume of inert material to be backfilled; <br />