J. MILLARD TAWES, GOVERNOR                           981

a completion report, on a form to be prescribed and furnished by
the Director, identifying the operation, stating the area of land
affected by open pit mining, stating whether the operator intends to
carry on drift mining upon the premises and what provision has been
made therefor. The operator shall attach to the completion report a
map of the operation certified by a competent land surveyor, showing
the boundary lines of the tract or tracts, the access to the operation
from the nearest public highway, the area of land affected by open
pit mining, the locations preserved from drift mining, and the pro-
posed plans in connection therewith.

663. Upon receipt of said completion report [or annual report,]
the Director shall [charge the area affected by open pit mining
against the bond or deposit filed by the operator at the time of regis-
tration at the rate of two hundred fifty dollars ($250.00) per acre.
Should the area actually affected by open pit mining within the year
exceed the estimate made at the time of registration, the operator
shall, within thirty (30) days thereafter, file an amended certificate
and additional bond. If the area actually affected by open pit mining
during the year is less than the estimate, the Director shall issue a
release of the surplus of the bond or deposit upon which liability has
not been charged as aforesaid.] determine the number of acres under
the permit not backfilled and shall charge the area against the bond
or deposit at the rate of $300.00 per acre.

665. (A) [Within one year after the operation is completed,] The
operator shall place sufficient overburden in the open cut to cover
the exposed face of the unmined coal, which shall begin at least three
feet above the top of the coal and shall extend to the bottom of the
pit at an angle not to exceed forty-five (45) degrees, except high walls
where strip mining cuts into active worked out or abandoned deep
mine workings, in which case the angle shall not exceed forty-five
(45) degrees from the top of such wall to the bottom thereof, and
the peaks and ridges of spoilbanks shall be leveled and rounded off
to such an extent as will permit the planting of trees, grasses or
shrubs, and rejected coal and combustive material shall not be used
on the high wall bank; provided, however, that if the operator desires
to conduct drift mining upon the premises he may designate drift
locations at which places it will not be necessary to so place over-
burden over the face of the coal. Such drift locations shall be de-
scribed in the completion report and designated on the map attached
thereto: Provided also, that if the operator desires to use the open
cut as a haulageway for the removal of coal from other operations,
he may, with the consent of the Director, postpone the covering of
the exposed face of the unmined coal for the duration of such use.

(B) AT THE REQUEST OF THE LAND OWNER AND WITH
THE APPROVAL OF THE DIRECTOR, A POND MAY BE CON-
STRUCTED IN LIEU OF BACKFILL TO THE EXTENT OF THE
AREA COVERED BY SUCH POND.

672. THE PROVISIONS OF THIS SUB-TITLE SHALL NOT
APPLY TO ANY PERSON, PARTNERSHIP OR CORPORATION
ENGAGED IN PROSPECTING FOR COAL AND FROM WHICH
NO COAL IS MARKETED. ANY OPERATOR FAILING TO
BACKFILL PROSPECTED AREA SHALL BE FINED NOT LESS