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The Division finds, from documentation in the permit application package (PAP), that there are <br />no abandoned or active underground mine working within 500 feet of the proposed highwall <br />entries. <br />Rule 4.23.2(3) If the operation involves surface mining activities and augering, the augering <br />shall follow the surface coal mining activities in a contemporaneous manner consistent with the <br />applicable requirements of Rule 4. <br />The Division finds that the application is in compliance with this rule. The proposed operation <br />involves surface mining activities and highwall mining. Highwall mining entries aze proposed <br />into the face of coal seams exposed in the pits from surface mining. Highwall mining follows the <br />surface coal mining activities. Proposed contemporaneous reclamation of highwall mining is <br />incorporated into the currently approved reclamation plan. As the East Pit is currently open <br />across the width of southwest advancement, reclamation is to proceed from the floor up as <br />highwall entries are driven across the faces of multiple seams. West Pit reclamation operations <br />aze similar, with entries driven to the north and west as well as south. <br />Rule 4.23.2(4) In order to prevent pollution of surface and ground water and to reduce fzre <br />hazards, each auger hole, except as provided in 4.23.2(5), shall be plugged so as to prevent the <br />discharge of water from the hole and access of air to the coal, as follows: <br />The application is in compliance with this rule. Holes aze plugged to prevent access of air to the <br />coal. Geologic formations are dry, and discharge of water is not anticipated. Although the holes <br />are plugged and would concurrently prevent, to some extent, the dischazge of water, such is not <br />the reason the holes are plugged. <br />Rule 4.23.2(4)(a) Each auger hole discharging water containing toxic forming or acid forming <br />material shall be plugged within 72 hours after completion by bac~lling and compacting <br />non-combustible and impervious material into the hole to a depth sufficient to form awater-light <br />seal or the discharge shall be treated commencing within 72 hours after completion to meet <br />applicable effluent limitations and water quality standards under 4.05.2 until the hole is properly <br />sealed; and <br />The application is, by exception, in compliance with this rule. No toxic-forming or acid-forming <br />material is anticipated to be discharged. Information in the PAP demonstrates that there is no <br />known groundwater other than perched water of little extent, and no potential for discharge of <br />toxic-forming or acid-forming materials. The plugging of highwall entries is proposed within 30 <br />days under Rule 4.23.2(4)(b). <br />Rule 4.23.2(4)(h) Each auger hole not discharging water shall be sealed as in 4.23.2(4)(a), to <br />close the opening within 30 days following completion. <br />The applicant proposes to close opening within 30 days after completion. See Rule 4.23.2(5). <br />Waivers to plugging under Rule 4.23.2(5) are not granted. <br />4 <br />