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The Division has granted a variance from topsoil removal in <br />accordance with Rule 9.06.2 (2)(a) An area containing less than one <br />acre is being used for open storage of items and materials which <br />will not cause any contamination or degradation of the in-place <br />soils. Traffic in this storage area is light, primarily foot and <br />light truck travel, and of an infrequent nature. To date, existing <br />vegetation has not been harmed and no erosion has occurred, nor is <br />any expected. Therefore, the Division finds that this variance was <br />granted in an appropriate manner and reaffirms that decision. <br />v. Sealing of Drilled Holes and Underground Openings <br />A. There are no drilled holes or underground openings at the Terror <br />Creek Loadout; therefore, this section does not apply. <br />VI. Use of Explosives <br />A. There are no explosives used at the Terror Creek Loadout; therefore, <br />this section does not apply (4.08). <br />VII. Disposal of Excess Sooil <br />A. The Terror Creek Loadout will not require a disposal area for excess <br />spoil; therefore, this section does not apply (4.09). <br />VIII. Coal Mine Waste Banks <br />A. The Terror Creek Loadout will not require coal mine waste banks; <br />therefore, this section does not apply (4.10). <br />IX. Coal Mine Waste <br />A. No coal mine waste from the Terror Creek Loadout will be returned to <br />underground workings (4.11.3). <br />B. Disposal of non-coal waste was handled as required (4.11.4). <br />C. No dams or embankments constructed of coal mine waste have been or <br />proposed to be constructed (4.11.5). <br />X. Backfilling and Grading <br />A. Backfilling and grading information can be found on pages 2.05-8 and <br />2.05-9, and on Maps No. 10, 10A, 12, and 13 of the permit <br />application. <br />Terror Creek Loadout <br />Page 17 <br />