2022-11-07_REVISION - C1981041 (2)

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and a new upper diversion beginning just above the portal highwall and extending to the south around the RSRDA was constructed. The wash plant and associated facilities were removed, however various additional facilities remained on the lower and upper benches. Concrete seals were installed in the South Portals during 2000, and the portals out-by the seals were backfilled in the fall of 2007. The South Portal Area reclamation plan was again modified by approval of PR-3, in July 2007; reclamation was initiated in September 2007 and was completed in 2008. In PR-3, SCC requested a steep slope variance from approximate original contour (AOC) for the mine bench and adjacent areas, including the steep rock cut slopes created during bench construction, and proposed Access Road IA, which was constructed to provide access to the bench area following reclamation. The purpose of the AOC variance is to accommodate an alternative "Industrial or Commercial" land use. A local agricultural business, Providence Place, Inc. (PPI), purchased the Roadside South Portals Area following approval of PR-3. The alternative land use plan allows for retention of the shop,warehouse and parking areas on the upper bench. These facilities are used by PPI for equipment and supply storage and maintenance. The cafeteria, lab, septic tank system, and associated parking and travel areas on the lower level have also been retained for future use. The buildings are used as a seasonal fruit stand and a packing/cooling shed. The fruit stand is operated under the name "Kokopelli Produce". The top of the RSRDA is used as an equipment and material storage area. In order to accommodate the alternative postmining land use and allow for retention of buildings, roads, parking, and storage areas needed for the alternative use, the backfilling and grading plan was altered by approval of PR-3. The revised postmining topography for the South Portals Area is depicted on Exhibit 6C, and amended cross sections on Exhibit 26. The specific area to which the AOC variance will apply, and the larger area to be used for the alternative "Industrial or Commercial" postmining land use, are delineated on Exhibit 6C. Please see Section B.VIII of the Proposed Decision and Findings of Compliance for PR-3 dated July 30, 2007, for findings specific to the approval of the Steep Slope Variance from Approximate Original Contour. Please also refer to Section B.X of the PR-3 Findings of Compliance, for findings specific to the approval of the alternative "Industrial or Commercial" postmining land use at the South Portal facilities area. A portion of the South Portal that is considered "Active Use" area is delineated on Exhibit 6C-A. The"Active Use" areas were not revegetated; non-active use portions of the alternative land use area (such as Access Road 1 backfill slopes, Access Road IA fill slopes, and highwall backfill areas) were revegetated to provide a stabilizing vegetative cover,but the alternative land use vegetated areas were not required to meet the specific success criteria applicable to reclaimed Wildlife Habitat postmining land use areas. The mine portals,the former warehouse and shop facilities,the preparation plant/raw coal storage area, the lab/training facilities, and the equipment and material storage area atop the refuse pile have been Phase III bond released. All remaining areas at the South Portals and vicinity,with the exception of Ponds 8 and 9, have had 45