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<br /> <br /> <br /> 70 C1981-041 RN7 findings <br /> <br />XIX. Mountaintop Removal <br /> <br />There were no mountaintop removal operations associated with the Roadside Portals <br />Mine. <br /> <br />XX. Operations on Steep Slopes <br /> <br /> Steep slopes as defined in Rule 1.04(125) exist in the South Portal disturbed area and <br />they are depicted on Exhibit 6C. As allowed for in Rule 2.06.5, SCC requested an <br />AOC variance (PR-3) for these steep slopes to allow for an alternative commercial <br />postmining land use. <br /> <br /> Within PR-3, SCC requested, and the Division approved, a variance from the <br />approximate original contour restoration requirements for steep slope mining, <br />pursuant to Rules 2.06.5 and 4.27.4. Approval of the variance has allowed SCC to <br />retain the flat mine bench, the existing shop and warehouse, an access road and <br />parking areas for the approved commercial postmining land use at the South Portal <br />facilities area. The specific findings required by Rule 2.06.5 and by Rule 4.27.4 for <br />the South Portal area are provided in Section B. VIII of the Proposed Decision and <br />Findings of Compliance for Permit Revision No. 3 dated July 30, 2007. <br /> <br /> A. The Division proposes to approve a variance from meeting approximate <br />original contour for reclaimed areas. This variance is proposed following a <br />demonstration that the requirements of Rule 2.06.4 and 2.06.5 have been met <br />(4.27.3). In addition the Division believes that the applicant has demonstrated <br />that the requirements of Rule 4.27.4 will be met. <br /> <br /> B. The applicant has proposed to dispose of woody plant materials in the backfill <br />beneath the highwall. The Division does not believe this practice will <br />deteriorate the stable condition of the backfilled area, and therefore proposes <br />to approve of this practice (4.27.3(6)). <br /> <br /> C. The Division proposes to approve of the construction of an unlined or <br />unprotected drainage channel on backfill. This proposal is based on a <br />demonstration that the channel will be stable and not subject to erosion <br />(4.27.3(7)). <br /> <br /> D. The applicant has proposed alternative specifications and practices for <br />operations on steep slopes and reclamation of these operations. This proposal <br />has been accompanied by a thorough analytical demonstration that use of the <br />alternates will result in reclaimed areas as environmentally sound and <br />structurally stable as would result using the standards set in 4.27 (4.27.3(8)). <br /> <br /> E. Land above the highwall shall be disturbed in order to blend the highwall and <br />backfilled area, control runoff, provide access to the area above the highwall