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<br />land form in the proposed portal bench area did not appear to <br />comply with the highwall elimination requirements of Rule 4.19. <br />In Technical Revisions 10, 11, and 12, submitted in response to the <br />mid-term review, the operator provided an amended backfilling and <br />grading plan for the mine bench and upper access road, specific to <br />existing disturbance. This plan is addressed in Section 3.9 and <br />referenced map figures, of the amended permit application. This <br />plan provides for complete elimination of the existing portal bench <br />highwall, and provides for reestablishment of original drainage <br />patterns and approximate original contour upon reclamation of the <br />existing portal bench and upper segment of the access road. <br />Questions regarding highwall elimination and variance from <br />approximate original contour for proposed future portal bench <br />expansion and access/haul road construction were not addressed. As <br />a result, Stipulation 23 was attached to the permit, via TR-11. <br />The stipulation requires approval of appropriate revision of the <br />mining and reclamation plan prior to initiation of any additional <br />disturbance, or resumption of active status for purposes other than <br />reclamation. <br />As stated in Section VIII, page 94, of the April 2, 1998 renewal <br />findings document, for the existing disturbance area: <br />The upper segment of <br />accordance with Rule <br />retained for the pos <br />will be reclaimed to <br />approximate original <br />eliminated. <br />the access road will be reclaimed in <br />4.03.2(7), with the lower segment <br />mining land use. The portal bench area <br />a stable configuration which would <br />contours, with highwalls and depressions <br />The questionable finding regarding approval of a variance from <br />meeting approximate original contour requirements was, apparently <br />erroneously, retained within Section XIII, p. 56, of the April 2, <br />1998 Findings of Compliance. Stipulation 23 renders this finding <br />moot, since the approved reclamation plan for the approved <br />(existing) disturbance would entail highwall elimination and <br />achievement of AOC. This erroneous finding will need to be amended <br />or deleted when the Findings document is amended during the next <br />renewal. <br />In summary, the currently approved reclamation plan achieves <br />approximate original contour, and the Section XIII Steep Slope <br />Variance finding is erroneous, rendered moot by Stipulation 23. <br />5 <br />