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under lease agreement with SCC (see amended text on permit page 15-1). Operator indicated acceptance of subjective evaluation of satisfactory ground cover for "non-active use" portions of the alternative land use area. The Division acknowledges that the alternative land use has substantially commenced in various locations, including the sales and storage buildings on the lower level, and storage buildings on the upper level. We have a remaining question regazding "substantial commencement" of use as it pertains to the portion of the upper level office structure/shower house. In response to Item 27, SCC noted that upon approval of PR-3, "...a portion of the office will be converted into housing for migrant workers". The migrant worker housing was not referenced in the initial application. Please address whether establishment of migrant worker housing is compatible with existing local, state, and federal land use policies and plans, and whether there are any necessary zoning changes or permits that will be required to allow for this use, pursuant to Rule 4.16.3(1). Also, please address construction activity or other measures that you believe would constitute demonstration of "substantial commencement and likely to be achieved", with respect to conversion of the of£ce structure to migrant worker housing, pursuant to Rule 3.02.3(2)(c). 27. DRMS requested that SCC provide amended page(s) to Figure 14-1, with schedule for implementation of the original wildlife habitat reclamation plan, in the event that the alternative land use is not implemented in a timely manner. Operator responded that, given the PPI commercial use of various site facilites since 2005, further revision of Figure 14-1 Reclamation Schedule is not warranted at this time. The Division concurs. If future inspection or review indicates that the alternative use is not being implemented, revision of the reclamation plan and schedule will be required. Item Resolved. New Items 28. Revised text on page 14-16 and new appendix page A14-5-33 includes request for waiver of revegetation requirements for a small area at the south end of the lower facilities level, "per Rule 4.15.10(3)". Because the premining land use within the South Portals area was not "Industrial or Commercial", Rule 4.15.10(3) and the revegetation waiver it allows, do not apply. Rule 4.15.10(2) applies, and the rule does require revegetation and satisfactory cover establishment. However, the Division recognizes that vegetation establishment and imposition of a cover standazd would be illogical and impracticable on "active use" azeas where the altemative use has already been implemented or will be implemented shortly following revision approval, and as such, revegetation is not required in these azeas. We acknowledge this technicality is a bit confusing, as is the wording of Rule 4.15.10(2). Please refer to further discussion under Items 20 and 25, above, and please delete the paragraph referencing the 4.15.10(3) waiver on amended page 14- 12