2007-11-16_GENERAL DOCUMENTS - C1981041 (3)

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The North Decline was backfilled and graded in the spring of 1992. Material that had been piled above the portal area was dozed into the decline. A fair approximation of extrapolated original contours was achieved. The North Decline had been constructed prior to the Act so accurate records of pre-mine contours do not exist. The final reclaimed contours blend with landforms observed in the undisturbed surrounding landscape. The drainage channel of the unnamed drainage was reestablished through the regraded area and riprapped with 12-inch or greater riprap on the 7.5 percent slope areas and 6 inches or greater on the 2.5 percent grades. Some minor settling of the fill has occurred above the portal location since the initial backfilling and grading occurred, and some remedial grading has been performed to fill in settling cracks and ensure proper functioning of the sediment control system. Remaining backfilling and grading work is limited to removal of temporary drainage control structures, and provision of berm breaks along the permanent channel berms to allow reclaimed area runoff to enter the channel. The North Portal facilities area was fully reclaimed in 2002, with the exception oftemporary drainage control facilities, an electrical substation and power line, and portions of two topsoil stockpiles. In conjunction with future removal of the temporary upper diversion ditch and Sediment Pond 13, several approved ephemeral drainage channels will be constructed across the reclaimed surface. Between 2000 and 2003 several other disturbed areas were fully reclaimed, including the 2 West Portals, South Fan, "B" Substation, the major portion of refuse area CRDA-1, entirety of CRDA-2, the CBA-1 and RSRDA Soil Borrow Areas, and northern segment of the overland conveyor corridor. Soil Borrow Area CBA-2 was fully excavated and interim reclamation was completed. Final grading of CBA-2 will occur in conjunction with removal of Sediment Pond 11, and will entail re-alignment of the lower segment of the Coal Gulch drainage channel in the vicinity of Pond 11. Interim reclamation of the Coal Creek permanent diversion channel between the upper dip section culverts and the large double culverts beneath Haul Road 4 was completed in 2002; final reclamation of the channel segment will occur in conjunction with future removal of Sediment Ponds 6 and 10. Phase 1 bond release (SL-02) was approved in August 2003 for various disturbance areas. The decision documented backfilling and grading compliance for CRDA-2 and most of CRDA-1 (excepting the temporary road left open for further disposal), RSRDA slopes, Soil Borrow Area CBA- I and the RSRDA Soil Borrow Area, South Fan disturbances, 2 West Portal disturbances, "B" Substation Site, the North Decline, the North Portal Facilities (excepting certain remaining support facilities and future drainage channel construction), and various other miscellaneous areas. Please refer to the SL-02 findings document for additional detail. VIII. Permits Incorporating Variances from Approximate Original Contour Restoration Requirements for Steep Slope Mining. Steep slopes as defined in Rule 1.04(125) exist in the South Portal disturbed area and they are depicted on Exhibit 6C. As allowed for in Rule 2.06.5, SCC has requested an AOC variance for these steep slopes to allow for an alternative commercial postmining land use. The specific findings required by Rule 2.06.5 and by Rule 4.27.4 are discussed below. Steep slopes are defined as any slope above 20 degrees or such lesser slope as may be determined by the Board or Division after consideration of soil, climate and other characteristics of a region. Based Permit Renewal No. 5 41 November 16, 2007