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migrant farm workers. Finally, he has indicated that he would like to use the mine portals outby the concrete seals as wine cellars. As we discussed, the proposal for land use change would need to be submitted as a major permit revision application. Many of the plans and demonstrations that would be required, and the process that would need to be followed are outlined in my letter of June 20, 2003 (enclosed). The letter pertained to a possible alternative land use revision associated with interest in an Industrial or Commercia/land use expressed by Rudy Fontanari. The current proposal under consideration includes some of the same elements as the Fontanari proposal, including use of certain existing facilities on the upper bench which would require variances from approximate original contour (AOC) and highwall elimination requirements of the regulations. Relevant rules and required demonstrations are referenced in the June 20, 2003 letter. Highwall elimination variance requirements (for highwalls demonstrated to have been in place prior to August 3, 1977) are addressed in Rule 4.14.1(2)(f). Subparen li) requires that. elf reasonably available spoil in the permit area shall be used to backfill the highwall. Subparen (ii) requires that the backfill be graded to a slope which is compatible with the approved post-mining land use. These provisions would appear to be contradictory given the alternative land use proposal under consideration, since removal of the desired facilities and the flat bench upon which they are located would be necessary for full or partial backfilling of the highwall. The Division will seek information from OSM and other state regulatory agencies, with respect to how these requirements have been interpreted and implemented in similar circumstances under the provisions of SMCRA approved regulatory programs in other states. You indicated that AEP officials in Ohio had indicated that application for a similar highwall variance request far an alternative industrial post-mining use may have recently been made at the R.A.G. Willow Creek Mine in Utah. Certain elements of the current proposal are unique, and are not addressed in the June 20, 2003 letter. These elements include the proposed use of the existing office structure on the upper bench as housing for migrant workers, and the proposed use of the two portals outby the concrete seals as wine cellars. These elements would need to be specifically addressed within the context of demonstrations required under 4.16.3(1),.(2), and (3). Safety considerations associated with use of the office building at the base of the highwall for housing would need to be adequately addressed (e.g. climbing/falling hazard, flooding hazard, rockfall hazard, etc.l• Approval for use of the portals outby the concrete seals as wine cellars would require demonstration of compliance with the provisions of 4.07.1(1) and 4.07.3. Documentation from MSHA that the proposal complies with 30 CFR 75.1711 will be required. Additional potential hazards that would need to be addressed would include the potential for concentrations of toxic or explosive gases in the enclosed portal space, fire hazard associated with exposed coal ribs, rock fall hazard from the mine roof, and the potential for damage to the exposed concrete mine seals. A dirt backfill with appropriate underdrain extending at least 25 feet out from each concrete seal may be required. UTL Alternative Land Use (Residential) As you related at the meeting and in a phone call last week, there is a prospective buyer, who is quite interested in portions of the UTL site for a residence and small plane landing strip. The conceptual issues associated with a land use change from the existing land use to an alternative Industrial/Commercial land use for the subject site have been previously explored, in the context of previous inquiries involving possible gravel mining and associated