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A. The Division makes no approval ofprovisions for alternative methods of stored topsoil protection <br />to those of Rule 4.06.3 (4.06.1(2)]. <br />B. No additional clearing of vegetation or removal oftopsoil is proposed. Thus the Division makes <br />no waiver of requirement for clearing of vegetation cover prior to topsoil removal [4.06.2{1)]. <br />C. No removal oftopsoil is proposed for the forthcoming permit renewal term. Thus the Division <br />makes no approval of a variance for topsoil removal [4.06.2(2)(a)]. <br />D. No additional earthwork (other than reclamation of the sedimentation pond and diversion ditches) <br />is proposed (no new disturbance}. Thus the Division makes no approvals regazding segregation ofB <br />horizon and C horizons [4,06.2(3)]. <br />E. The Division has determined selected overburden materials shall be used for topsoil (seed bed <br />material) for reclamation of the remaining surface facilities (as was done for previous reclamation). <br />This determination is based on physical and chemical analyses approved by the Division <br />F. Topsoil has been stockpiled on site for reclamation of the sedimentation pond and diversion <br />ditches. The Division makes no approvals of alternative methods to vegetation protection <br />G. The Division makes no approval of alternative treatments to eliminate slippage surfaces, relieve <br />compaction, and provide for root penetration [4.06.4(1)]. <br />V. Sealing of Drilled Holes and Underground Openings <br />A. The applicant has not proposed to manage development, exploration, drill or bore holes, wells <br />or other exposed underground openings in a manner other than by sealing and plugging (4.07.1). <br />The closure of the mine portals has been carried out in compliance with all relevant local, State, <br />DMG and Federal regulations. The design shown in figure 4.4-1 and 4.4-2, specifically designed <br />for the portals #1 and #2, respectively, has been followed. A minor variation of the plans, <br />replacing the concrete block walls with solid concrete walls, has been approved by MSHA. <br />VI. Use of Explosives <br />There is no proposed use of explosives at the site during the ensuing term of the permit. Thus the <br />Division makes no approvals relating to 4.08.3(2)(b)(v) and 4.08.4(2), 4.08.4(7), and 4,08.6(2). <br />VII. Disposal of Excess Spoil <br />A. There is no proposed disposal of excess spoil during the ensuing term of the permit. <br />The Division makes no approvals relating to 4.09.1(1), 4.09.1(2), 4.09.1(3), 4.09.1(4), <br />4.09.1(6), and 4.09.1(9), 4.09.4, 4.09.4(2), and 4.09.4(5). <br />21 June 1, 2006 <br />