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The Division has granted a variance from topsoil removal in accordance with Rule <br /> 4.06.2(2)(a). An area containing less than one acre is being used for open storage <br /> of items and materials which will not cause any contamination or degradation of <br /> the in-place soils. Traffic in this storage area is light, primarily foot and light truck <br /> travel, and of an infrequent nature. To date, existing vegetation has not been <br /> harmed and no erosion has occurred, nor is any expected. Therefore, the Division <br /> finds that this variance was granted in an appropriate manner and reaffirms that <br /> decision. <br /> V. Sealing of Drilled Holes and Underground Openings <br /> A. There are no drilled holes or underground openings at the Terror Creek Loadout. <br /> This section does not apply (4.07). <br /> VL Use of Explosives <br /> A. There are no explosives used at the Terror Creek Loadout. This section does not <br /> apply (4.08). <br /> VII. Disposal of Excess Spoil <br /> A. The Terror Creek Loadout will not require a disposal area for excess spoil. This <br /> section does not apply (4.09). <br /> VIIL Coal Mine Waste Banks <br /> A. The Terror Creek Loadout will not require coal mine waste banks. This section <br /> does not apply(4.10). <br /> IX. Coal Mine Waste <br /> A. No coal mine waste from the Terror Creek Loadout will be returned to <br /> underground workings (4.11.3). <br /> B. Disposal of non-coal waste was handled as required (4.11.4). <br /> C. No dams or embankments constructed of coal mine waste have been or proposed to <br /> be constructed(4.11.5). <br /> X. Backfilling and Grading <br /> A. Backfilling and grading information can be found on pages 2.05-8, 2.05-9, and <br /> 2.05-16R, and on Maps 10, 10A, 12, and 13 of the PAP. <br /> 17 <br />