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existing road. The sealed mine portals were backfilled to eliminate the existing highwall. As <br />described below, a significant area of the mine bench and associated cut slopes were left in place <br />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) <br />requirements of the regulations, under the provisions of Rules 2.06.5 and 4.27.4, which allowed <br />for retention of the mine bench and cut slopes to accommodate the alternative use. Photograph <br />No. 3 shows a portion of the cut slope at the mine bench. PR-3 also allowed for the retention of <br />certain facilities to support the alternative "Industrial or Commercial" postmining land use. As <br />stated above, a local agricultural business PPI purchased the Roadside South Portals Area upon <br />approval of PR-3. The alternative land use plan allows for retention of the shop, warehouse and <br />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 <br />system, and associated parking and travel areas on the lower level are used as a seasonal fruit <br />stand and a packing/cooling shed (see Photograph No. 5). The property has been leased by PPI <br />since 2005, and use of the buildings as described has been on-going since that time. The fruit <br />stand has been operated under the name "Kokopelli Produce". The top of the RSRDA is used as <br />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, <br />and the larger area to be used for the alternative "Industrial or Commercial" postmining land use, <br />is delineated on Exhibit 6C. Please see Section B.VIII of the Proposed Decision and Findings of <br />Compliance for Permit Revision No. 3 (dated July 30, 2007) for specific findings applicable to <br />the Steep Slope AOC Variance; see Section B.X of the PR-3 Findings for specific findings <br />applicable to approval of the alternative postmining land use. <br />Topsoil <br />Within PR-3, SCC identified a material deficit for construction of Access Road 1 A and <br />elimination of the highwall at the South Portal area. Material to compensate for the projected <br />deficit was obtained from a low hill located within the Unit Train Loadout (UTL) disturbed area. <br />Borrow of the material from the UTL site removed the crown of the hill, lowering the hill by <br />approximately 10 feet. This minor reduction in the elevation of the hill is depicted on revised <br />Exhibit 11 C (Unit Train Loadout Facility Post Mining Topography). The modification did not <br />significantly change the nature of the postmining landscape, and the amended topography still <br />achieves AOC in the UTL area. <br />Since mining at the South Portal area began prior to the Surface Mining Control and Reclamation <br />Act, no topsoil was salvaged in construction of the mine benches or facilities areas. Portions of <br />areas which were disturbed prior to the passage of the Surface Coal Mining Reclamation Act and <br />the Federal interim rules which took effect on May 5, 1978 were not subject to specific topsoil <br />salvage reclamation requirements. Disturbed areas at the South Portal and vicinity where no <br />Page 9