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Mr. Roy Karo Seneca Coal Company Apri128, 2004 Page 3 SCC. Please provide the engineering design analysis to the Division and incorporate it into Tab 12 as an attachment. On the original TR-25 Application Form submitted in November 2003, SCC indicates that there is no proposed change in the Affected Area acres. However, because of the highwall mining the affected azea acres have increased. On Exhibit 12-I sheet 2 of 2, comparison of the red line (Highwall Mining Limit) with the disturbance boundary shows an increase in the affected acreage. Please update the Application Form page and resubmit the corrected acreage to the Division. Please revise the last sentence on Page 5, Tab 19 to remove reference to "proposed" and to Tab 19. Also, please remove reference to Exhibit 19-1A as the final grading plan. A portion of the neck pit azea has been open for several years. Why is it not designated a variance area? SCC has indicated that this location will be backfilled and graded in 2004. If deemed appropriate, please update Exhibit 19-1A accordingly. In some cases there aze areas designated 2004 on the Exhibit ]9-lA that are not designated for final grading unti12006. As discussed during our meeting on Apri122nd, The Backfill and Grading Plan will be revised and the Final Grading Plan Exhibit 19-1B will be excluded. Final grading does not qualify for a vaziance from contemporaneous reclamation requirements. In accordance with Rule 4.14.1(1)(c), the Division may grant additional time for rough backfilling and grading if the permittee can demonstrate, through a detailed written analysis under 2.05.4(2)(c), that additional time is necessary. Backfill and grading must be completed contemporaneously with mining (180 days following coal removal for Area Strip mining). All azeas designated "Mined Out" on the Operations Plan Exhibit 12-1 must be rough backfilled and graded in 2004 unless a specific variance request has been submitted. Based on the information provided on Exhibit 19-1B, SCC is requesting a delay in the construction of post mine drainage channels. Contemporaneous reclamation requirements apply to post mine channel constmction as well as other reclamation activities. Unless the channel lies within a specific designated vaziance azea, post mine channel construction site wide should occur as contemporaneously as practicable with mining operations. It appears that SCC is requesting a delay in the construction of YPM-7. The upper portion of YPM-7 should be constructed above the realigned Haul Road as soon as possible. This upper portion of the YPM-7 channel is within the azea designated for backfill and grading in 2001- 2002. This is the location for the pending cessation order (CO-2003-012). The lower portion of