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Twentymile Coal Company has a subsidence agreement with the owner of the residences not owned by Twentymile Coal Company. Twentymile Coal Company has repaired subsidence damage to the smaller residence and replaced the larger residence. Persons living in the larger residence were relocated while mining and structure replacement occurred in the fall of 1999 and spring of 2000. Foidel Creek/Middle Creek No specific subsidence control plan is proposed for Foidel Creek or Middle Creek. Recommendations presented in Exhibit 7i, Subsidence Effects on Streams, call for channel morphology to be evaluated if headcutting or incising of the channel occur for more than 400 feet from the point of origin of the headcut. Any proposed mitigation would be based on the results of this evaluation. Lieske headgate and USGS water monitoring site 700 These two structures will be monitored to detect damage or improper function. If function is impaired, each will be re-aligned or re-leveled, as necessary, prior to seasonal use periods. 1. The applicant has proposed a subsidence control plan in accordance with Rule 2.05.6(6) and has committed to adopt all measures in order to reduce the likelihood of subsidence, prevent material damage, or mitigate the effects. A detailed description of the monitoring program for each structure within the Eastern Mining District begins on page 2.05-182 of the permit application. The results of the monitoring program will be submitted to the Division semi-annually. Exhibit 34 of the PAP outlines the requirements for the subsidence report. The Division has previously approved the plan [4.20.1(2) and 4.20.3(1)]. XVI. Concurrent Surface and Underground Mining The Division has previously granted a variance from contemporaneous reclamation for portions of the permit area in order that underground mining can be developed. This variance applies to the Area 2 pit and associated spoil from the CYCC Mine No. 1, Mine No. 2, and Eckman Park operation. Currently this area is occupied by the portals as well as other facilities necessary to the Foidel Creek operation. TCC will be responsible for the reclamation of this area when underground mining operations have ceased (4.22.2). The Division finds that the requirements of Rule 4.22.3 have been met. XVII. Auger Mining There is no auger mining at the Foidel Creek Mine. XVIII. Operations on Alluvial Valley Floors 28