_INSPECTION - C1981041 ‎(23)‎

• Permit No: C1981041
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• Inspection Date: 10/7/2008
• Email Name: MPB
• Media Type: D
• Archive: No

111. COMMENTS -COMPLIANCE
Below are comments on the inspection. The comments include discussion of observations made
during the inspection. Comments also describe any enforcement actions taken during the inspection
and the facts or evidence supporting the enforcement action.
mining land uses are discussed in Tab 15 of the PAP and are shown on Exhibit 63. The South Portal
area is now used by a commercial fruit growing company(Providence Place, Inc.),which recently
purchased the property from SCC. The fruit operation at the site makes use of existing facilities for a
retail sales office,produce storage, equipment and supply storage, and parking. Various aspects of
the South Portal area reclamation plan were altered with PR-3 to accommodate the alternative land
use. Specified existing buildings on the mine bench and lower parking area were retained as
permanent for the alternative use, and a new road was constructed to access the mine bench.
Construction of the new access road (Access Road#1A) to the mine bench and reclamation of the
existing access road covered the visible coal material exposed along the outslope of the existing
road. The sealed mine portals were backfilled to eliminate the existing highwall. As described
below, a significant area of the mine bench and associated cut slopes were left in place to allow for
the postmine use of shop and warehouse buildings and associated parking and storage areas.
PR-3 included a request for a Steep Slope Variance from Approximate Original Contour (AOC)
requirements of the regulations,under the provisions of Rules 2.06.5 and 4.27.4,which allowed for
retention of the mine bench and cut slopes to accommodate the alternative use. PR-3 also allowed
for the retention of certain facilities to support the alternative"Industrial or Commercial"postmining
land use. As stated above,a local agricultural business,Providence Place,Inc. (PPI),purchased the
Roadside South Portals Area upon approval of PR-3. The alternative land use plan allows for
retention of the shop,warehouse and parking areas on the upper bench(see attached Photograph No.
6). These facilities are currently used by PPI for equipment and supply storage and maintenance.
The cafeteria,lab, septic tank system, and associated parking and travel areas on the lower level are
used as a seasonal fruit stand and a packing/cooling shed (see attached Photograph No. 7). The
property has been leased by PPI since 2005,and use of the buildings as described has been on-going
since that time. The fruit stand has been operated under the name"Kokopelli Produce". The top of
the RSRDA is used as an equipment and material storage area(see attached Photograph No. 8).
To accommodate the alternative postmining land use and allow for retention of buildings, roads,
parking, and storage areas needed for the alternative use, the backfilling and grading plan was
altered. The revised postmining topography for the South Portals Area is depicted on Exhibit 6C,
and amended cross sections on Exhibit 26. The specific area to which the AOC variance applied,
and the larger area to be used for the alternative"Industrial or Commercial"postmining land use,
are delineated on Exhibit 6C. Please see Section B.VIII of the Proposed Decision and Findings
of Compliance for Permit Revision No. 3 (dated July 30, 2007) for specific findings applicable to
the Steep Slope AOC Variance; see Section B.X of the PR-3 Findings for specific findings
applicable to approval of the alternative postmining land use.
A portion of the South Portal that is considered "Active Use" area is delineated on Exhibit 6C-A.
The "Active Use" areas will not be revegetated; non-active use portions of the alternative land