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V. Sealing of Drilled Holes and Underground Openings - Rule 4.07 <br />A. The Division requires that each hole, well, or other underground opening be capped, <br />sealed, backflled, or otherwise properly managed (4.07.3). The Division previously <br />added Stipulation 23 addressing the need to have a plan to seal and reclaim all of the <br />monitoring wells on BLM lands by May 31, 2002. A plan was submitted and Stipulation <br />23 was deemed complied with on January 31, 2003. A total of 59 wells located north of <br />County Road 14 were sealed and reclaimed as evidenced by on-site inspections and a <br />well abandonment reports received February 12, 2003 and July 30, 2003. No bond <br />adjustment was made for the abandonment of these wells. <br />VI. Use of Explosives - Rule 4.08 <br />A. All extractive operations in the 720 Pit and Pit 1 have ceased and will no longer occur. <br />Pits 2 and 3 are not currently anticipated to open during the next permit term. <br />VII. Backfilling and Grading - Rule 4.14 <br />A. The applicant had previously received approval for additional time for backfilling and <br />grading following coal removal. Backfilling and grading of the 720 Pit, Marr Pit, and Pit <br />1 has now been completed. The Division therefore is not proposing any variance for <br />backfilling and grading at this time. Approval of any variances for backfilling and <br />grading for any new pits would require submittal of a permit revision by the applicant. <br />(The previously approved backfilling and grading plan starts on page 816-123, Rule <br />4.14.1.) <br />B. The Division proposes to re-approve the applicant's plan for disposal of debris, acid- <br />forming or toxic materials, or materials constituting a fire hazard in a manner designed to <br />prevent contamination of ground or surface waters. If used oil and lubricant are stored on <br />site, they will be stored in an outdoor storage tank with an emergency outflow to a clay- <br />lined pond of the shop (pages 780-11a through 780-12). A contingency plan has also <br />been developed to prevent sustained combustion of flammable materials (4.14.3(1)(a)). <br />C. The applicant has submitted a plan for reclamation of excessive rills and gullies. This <br />plan has been approved by the Division (4.14.6(1)). Seeding occurred in the 720 Pit in <br />1995 and Pit 1 in 1996. This was followed by contour furrowing. The approved rill and <br />gully plan requires that when rills greater than nine inches form, they will be blocked, <br />remulched, and stabilized. If this proves unsatisfactory, Kerr Coal Company will use a <br />small rubber-tired farm tractor for regrading. <br />23