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apply, with vertical alignment of the centers of the superimposed undisturbed areas [so as <br />to be in compliance with Rule 4.23.2(1)(c)~:' <br />Rule 4.23.2(2) No auger hole shall be made closer than 500 feet in horizontal distance to any <br />abandoned or active underground mine workings, except as approved in accordance with 4.19. <br />The application is in compliance with this rule (see page 12-4-I). There are no abandoned or <br />active underground mine workings within 500 feet of the proposed highwall mining. <br />Rule 4.23.2(3) If the operation involves surface mining activities and augering, the augering <br />shall follow the surface coal mining activities in a contemporaneous manner consistent with the <br />applicable requirements of Rule 4. <br />The application is in (qualified) compliance with this rule. The applicant indicates in text that <br />highwall mining will be initiated and completed "as soon as possible" after the surface coal has <br />been removed (12-4-1, and also Drawing 12-3). I think "as soon as possible" lacks definition. <br />Highwall mining is initiated in 2005 at the north end, and progresses south behind strip mining <br />through 2008 in the Wadge coal seam. The southern end of large pit area of the Wolf Creek coal <br />seam (N50000 E19500) is mined in 2003-2005 with highwall mining in 2005, and the major part <br />(E 19000 N4700) mined during 2006 - 2010, with highwall following during the same time <br />period. Strip mining and highwall mining is timed together in similar fashion at the extreme <br />southern end of the plan. The unlabeled block in the vicinity ofN46,000 E18,500 is, according to <br />Shevling during the telephone conversation of September 30, 2003, to be mined in 2011, so the <br />two mining techniques are scheduled together there as well. Shevling stated that Drawing 12-3 <br />would be modified to indicate the 2011 mining schedule in the unlabeled area. However, I <br />recommend "contemporaneous" be quantified, including any waivers encountered for backfill <br />and grading associated with strip mine pit reclamation, to accommodate the highwall mining <br />operations. My understanding is that the pit currently exists (2003) and highwall mining is not <br />proposed until 2005 (as soon as possible?). This is a two year delay in pit reclamation at the start, <br />and there is no description of "contemporaneous" with regard to pit reclamation in areas of <br />completed highwall extraction. Recommend the following comment to the applicant: "Please <br />add to the PAP (Rule 4.14 section), with cross-reference in the text of the highwall miner <br />plan (page 12-4-3), a schedule for pit reclamation to accommodate highwall mining <br />operations (including paragraph 5.1 6 on page 12-4-3 of your application). This is to <br />identify and approve schedules under Rule 4.14.1(1)(c) (a defined variance to 180-day <br />reclamation)." <br />Rule 4.23.2(4) In order to prevent pollution of surface and ground water and to reduce fire <br />hazards, each auger hole, except as provided in 4.23.2(5), shall be plugged so as to prevent the <br />discharge of water from the hole and access of air to the coal, as follows: <br />The Division might find, and I recommend that it do, in its written findings to apply the <br />exemption provided in Rule 4.23.2(5). The holes are to be blocked with a 300-foot lag <br />4 <br />