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Ms. Linden suggested a procedure whereby WFC would first attempt to make direct contact <br />with the Reeder family. This could be at their home, or, if satisfactory to the Reeders and <br />their employers, at their places of employment. Ms. Linden suggested [hat if WFC firs[ <br />attempted to directly contact the Reeder family at home, and no one answered their <br />telephone, WFC might then attempt to directly contact either of the Reeders at their work by <br />telephone. Ms. Linden suggested WFC keep a log of these attempts, successful or not. <br />Ms. Linden suggested that if WFC is unsuccessful in attempting to directly contact the <br />Reeders at home and at work, WFC might then attempt to contact either of them by <br />facsimile transmission (fax). This would provide WFC a second log of their attempt to <br />contact the Reeders. Ms. Linden said that while direct contact would be the best form of <br />compliance with Rule 4.08.4(4), having logs of at least two unsuccessful attempts to contact <br />the Reeder family prior to the blasting would indicate a reasonable effort on the part of WFC <br />[o comply with the rule. <br />2. Rule 4.08.4(]0)(b) states, <br />"The Division may allow a variance from the maximum peak particle velocity limits <br />if it determines that the structure is owned by the person conducting the surface coal <br />mining operation, and the structure is not leased to another party, or if leased to <br />another party, that a written waiver by the lessee is submitted to [he Division prior to <br />the blasting." <br />WFC, according to Ross Gubka, wondered whether DMG could allow such a variance if the <br />owner of the structure in question was someone other than the person conducting the [Wining <br />operation. <br />Ms. Linden indicated that, unfortunately, this rule is quite specific in its language. She <br />indicated that DMG may allow a variance from the maximum peak particle velocity limits <br />prescribed by Rule 4.08.4(] 0)(b) only if the owner of the structure is the person conducting <br />the coal mining operation. <br />Cc: Dave Berry <br />