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precipitation amounts. 2.05.4(2)(bl Reclamation Plan Detailed Cost Estimate 12. A cost estimate demonstrating tower cost of the alternative land use reclamation plan compared to the current reclamation plan (due to reduced dirtwork and retention of various structures) was included in the submittal, with an estimated "credit due" amount of $99,189.00. Rule 3.03.1(3)(e) requires that, for permits which include an alternative postmining land use plan for industrial or commercial... "the Division shall require the maintenance of bond coverage throughout the applicable liability period, sufficient for the Division to achieve compliance with the standards for revegetation applicable to the pre-mining land use under 4.15, in the event the alternative postmining land use is not developed in the event of bond forfeiture". In other words, the Division retains the bond calculated to be necessary for implementation of the originai reclamation plan, so that the original plan could be completed, if the alternative postmining land use is not implemented. Upon approval of bond release for the Alternative Land Use portion of the permit area, the subject area would be excised from the permit area, and the amount of the bond associated with reclamation of the Alternative Land Use area would be released. Please confirm that you concur with this approach, or provide rationale and regulatory basis for an approvable alternative. In addition, please "repackage" the currently approved reclamation plan maps, diagrams, and narrative that will be replaced by the alternative land use reclamation plan, and submit these materials as a new appendix or attachment to the application, to provide the plan that would be implemented in the event that the alternative postmining land use is not developed and implemented. 2.05.4(2)(c) and 4.14 Backfilling and Grading 13. A variance from the AOC requirements of 4.14.1(2)(a) and 4.14.2(1) can be granted for underground mining operations only if demonstrations required by 4.14. I (2)(e), or 4.14.1(2)(f), or 4.14.1(2)(g), or [2.06.5 and 4.27.4] can be made. Approval of the postmining topography proposed on revised Exhibit 6C would require a variance from AOC, due to retention of a significant portion of the flat mine bench and associated access road fill, in what was originally a short canyon or hollow, with a steep ephemeral drainage. Given the steep canyon slopes in the portal bench area, and the fact that the proposed grading plan is being driven by the need to retain a portion of the mine bench to allow retention and use of facilities on the bench for a commercial postmining land use, it would appear that the appropriate (and possibly only) avenue for approval of the AOC variance would be via the provisions of 2.06.5 and 4.27.4, for steep slope mining.