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July 27, 2010 C-1981-041/Roadside Portals MPB <br />I Bond Release Application No. 4 (SL-4). The proposed decision for SL-04 was issued on December 5, 2008. In <br />February and March of 2008, areas that were backfilled and regraded from August 2007 through February 2008 <br />were hydroseeded with seed mix shown on Table 14-8, Upland Components of the PAP. <br />Permit Revision No. 3 (PR-3) was approved in July 2007 to change the postmining land use of portions of the <br />South Portal facilities area to an alternative, commercial postmining land use. Post mining land uses are discussed <br />in Tab 15 of the PAP and are shown on Exhibit 63. The South Portal area is now used by a commercial fruit <br />growing company Providence Place, Inc. (PPI), which recently purchased the property from SCC. The fruit <br />operation at the site "Kokopelli Produce" makes use of existing facilities for a retail sales office, produce storage, <br />equipment and supply storage, and parking. Brant Harrison landowner and operator of the Kokopelli fruit stand <br />has planted peach and cherry trees for self picking at the large lay down area located to the east of the fruit stand <br />and warehouse as an added feature and attraction for the Kokopelli fruit operation (see attached Photograph No. <br />2). Various aspects of the South Portal area reclamation plan were altered with PR-3 to accommodate the <br />alternative land use. Specified existing buildings on the mine bench and lower parking area were retained as <br />permanent for the alternative use, and a new road was constructed to access the mine bench. Construction of the <br />new access road (Access Road #1A) to the mine bench and reclamation of the existing access road covered the <br />visible coal material exposed along the outslope of the existing road. The sealed mine portals were backfilled to <br />eliminate the existing highwall. As described below, a significant area of the mine bench and associated cut slopes <br />were left in place to allow for the postmine use of shop and warehouse buildings and associated parking and <br />storage areas. <br />PR-3 included a request for a Steep Slope Variance from Approximate Original Contour (AOC) requirements of <br />the regulations, under the provisions of Rules 2.06.5 and 4.27.4, which allowed for retention of the mine bench <br />and cut slopes to accommodate the alternative use. Photograph No. 3 shows a portion of the cut slope at the mine <br />bench. PR-3 also allowed for the retention of certain facilities to support the alternative "Industrial or <br />Commercial" postmining land use. As stated above, a local agricultural business PPI purchased the Roadside <br />South Portals Area upon approval of PR-3. The alternative land use plan allows for retention of the shop, <br />warehouse and parking areas on the upper bench (see attached Photograph No. 4). These facilities are currently <br />used by PPI for equipment and supply storage and maintenance. The cafeteria, lab, septic tank system, and <br />associated parking and travel areas on the lower level are used as a seasonal fruit stand and a packing/cooling shed <br />(see Photograph No. 5). The property has been leased by PPI since 2005, and use of the buildings as described has <br />been on-going since that time. The fruit stand has been operated under the name "Kokopelli Produce". The top of <br />the RSRDA is used as an equipment and material storage area (see attached Photograph No. 6). <br />To accommodate the alternative postmining land use and allow for retention of buildings, roads, <br />parking, and storage areas needed for the alternative use, the backfilling and grading plan was <br />altered. The revised postmining topography for the South Portals Area is depicted on Exhibit 6C, <br />and amended cross sections on Exhibit 26. The specific area to which the AOC variance applied, and the larger <br />area to be used for the alternative "Industrial or Commercial" postmining land use, is delineated on Exhibit 6C. <br />Please see Section B.VIH of the Proposed Decision and Findings of Compliance for Permit Revision No. 3 (dated <br />July 30, 2007) for specific findings applicable to the Steep Slope AOC Variance; see Section B.X of the PR-3 <br />Findings for specific findings applicable to approval of the alternative postmining land use. <br />Number of Partial Inspection this Fiscal Year: 1 <br />Number of Complete Inspections this Fiscal Year: 0 <br />Page 3 of 13