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interest in using the relatively flat top of the RSRDA refuse disposal area for storage, and <br />possible interest in future use of the light use road that extends up the draw above the <br />refuse area (currently terminates at the reclaimed soil borrow area). <br />As we discussed, it would appear that retention of certain buildings on the lower level and <br />associated modification of the plan to allow for commercial use of the lower area would be <br />relatively straight-forward from a regulatory perspective. This is because these changes <br />could likely be accomplished without significant alteration of the currently approved final <br />reclamation land forms and drainage configuration. <br />Modification of the plan to allow for commercial use of the upper bench is more complicated <br />from a regulatory perspective, due to the fact that retention of a portion of the bench would <br />entail a variance from the approximate original contour (AOCI requirements of the rules. It <br />is also likely that retention of a portion of the bench would significantly alter the approved <br />final drainage designs. Also, any modification of approved final reclamation designs for the <br />access road and upper bench would have to address reclamation of highwalls associated <br />with the main South Mine portals and also the sealed fan portal adjacent to the access road. <br />A variance from the AOC requirements of 4.14.1(2)(a) and 4.14.2(1) can be granted for <br />underground mining operations only if demonstrations required by 4.14.1(2)ie), or <br />4.14.1(2)(f), or 4.14.1(2)(8), or [2.06.5 and 4.27.4] can be made. All highwalls must be <br />eliminated, pursuant to 4.14.1(21(a) and 4.14.2(1)(b), unless a variance is approved in <br />accordance with 4.14.1(2)(f) or (g), <br />As we discussed, specific areas for which AOC or highwall elimination variances are <br />requested will need to be very clearly described and delineated on appropriate maps and <br />diagrams. The extent of highwalls and face-up areas will also need to be clearly delineated <br />even if the highwall will be eliminated, in order to avoid potential future conflict regarding , <br />whether certain cut slopes in the vicinity of the mine bench and access road are or are not <br />highwalls. The regulatory basis and rationale employed in delineating the extent of any <br />highwall will need to be clearly described. <br />At the meeting, I tried to identify some of the potentially difficult or controversial rule <br />provisions that would need to be addressed. The following is a more extensive list of rules <br />pertinent to the contemplated land use change, although it may not be completely. <br />comprehensive: <br />2.05.4(21(al reclamation plan timetable. Separate timetables should be provided for <br />implementation of the current reclamation plan and the alternative land use reclamation <br />plan. <br />2.05.4(2)[c) backfilling and grading plan. Comprehensive plans including maps and cross- <br />sections depicting final slopes, channel designs, and road configurations will be required for <br />the alternative land use reclamation plan. Structural demolition and proper disposal (or <br />burial) of demolition debris will also be required, as will a plan for clean up and proper <br />disposal (or burial) of surficial coal residue. <br />2.05.4(2)(d) topsoiling plan. A plan for redistribution, seedbed preparation, and stabilization <br />of topsoil or growth med+um will be required in the alternative land use reclamation plan. If <br />the commercial use is to be implemented within a very short time-span (e.g. less than one <br />year) following completion of final grading, active use areas such as storage yards, parking <br />areas, etc. may not require soil placement, preparation and vegetative stabilization. <br />However these considerations would apply if there will be a delay in implementation of the <br />alternative land use, and would also apply to areas not designated for active use, but which <br />