WAIVER OR VARIANCE APPROVAL This sheet must be completed for each waiver or variance requested in Section L of the application PERMIT NO. _S-5005-03 Waiver/Variance Requested: Postmining land use change ** If AOC Waiver/Variance is related to “Postmining Land use change to justify Mountaintop Removal AOC variances” complete “Postmining Land use change to justify Mountaintop Removal AOC variances Approval - Attachment A" as per W.Va. Code §22-3-13 (c) (3). Application Item Number: _F-4 Explain Applicant’s justification for request: ‘The applicant proposes to develop a recreational facility located near the developing network of ATV trails throughout southern West Virginia. The company believes that this recreational facility which will be easily accessed from state routes, but not located in high traffic areas, will enhance the use of the existing trail systems and promote tourism in the area. The proposed post-mining land use, by enhancing and aiding in development of an increasingly popular outdoor recreational activity in the region, will stimulate the local economy and provide benefits to the general public, Information sources used by WVDEP in addition to that present in the application: ‘West Virginia Surface Mining Reclamation Rules and Surface Coal Mining and Reclamation Act, Field pre-inspection, WVDEP Inspector. Explain WVDEP’s justification for findings and approval: 38CSR2-7.3 The landowner has agreed to the proposed post-mining land use. There is a reasonable likelihood for achievement of the proposed use and it does not present any actual or probable hazard to the public health or safety or threat of water diminution or pollution. ‘The proposed land use is n impractical or unreasonable or inconsistent with applicable land use policies or plans or in violation of applicable laws. Notification of the land use change was made through advertisement. Request meets the regulatory requirement? Yes & No] Variance/Waiver Approved? Yes &) No DEP Reviewer bugary Bal Date _August 11, 2005