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• PORTAL SEALS - RULE 2.05.4(2)(b <br />The portal sealing plan presented for the Bear No. 3 portals is a <br />standard plan: The Bear Coal Company realizes that this sealing plan <br />does not address the potential for gravity discharge of water or <br />'discharges containing acid or toxic-producing elements which could occur <br />due to the up-dip nature of the mining operation, but no problems of <br />this type are anticipated. The Application states on page 2.05-28 that <br />"there has never been any gravity discharge of water from the previous <br />mining operations." "No acid-producing or toxic-producing elements are <br />found in the coal seam." <br />The Bear Coal Company realizes that this sealing plan in the present <br />situation may not be representative of future conditions which may <br />develop during the permit term; however, because there has never been <br />any gravity discharge of water from the old abandoned Clark mine (which <br />has been open for 50 years), the Bear Coal Company asserts that this <br />• plan should be sufficient for reclamation. <br />If during the mining operations, the Bear Coal Company encounters <br />conditions different than those anticipated, it will submit to the <br />Division for approval detailed sealing plan to prevent any uncontrolled <br />water discharge from the portals. The Bear Coal Company will change its <br />portal sealing plan if such conditions are encountered at any time <br />during the mining operations. <br />• <br />-43- <br />