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_(2)(e)—TMI provided documentation the landowners of the affected land associated with <br /> the variance; TMI and the Colorado State Land Board has knowingly requested, in <br /> writing, as part of the application, that a variance be granted. <br /> (2)(f)—The applicant has demonstrated that the proposed operation will be conducted in <br /> accordance with Rule 4.27.4: <br /> (1) The L and Ash Pits highwalls will be eliminated and backfilled with spoil and <br /> the post mine configuration will exceed the required 1.3 factor of safety as <br /> required by the rule. <br /> (2) The watershed control of the area shall be improved. There will not be a <br /> significant change to the post-mining watershed areas that would impact seasonal <br /> or flood flows. The sediment yield per acre,postmining in the L and Ash pits <br /> shall be less than pre-mining levels. <br /> (3) The land above the highwalls in the Ash and L pits will only be disturbed in <br /> compliance with the approved mining and reclamation plan as depicted on map <br /> M10A and M10B and will be necessary for the establishment of the proposed <br /> post-mining topography as shown on Map M12. <br /> (5) The proposed plan, if implemented as described in the permit application <br /> package should allow compliance with Rule 2.06.5. <br /> (6) Not applicable to this operation. <br /> (2)(g)—The proposed operation should allow for other requirements of the Act, Rules and <br /> this regulatory program to be met should TMI conduct the operation as proposed. <br /> XXII. In Situ Processing <br /> No specific approvals are granted to the applicant under this section. <br /> 24 <br />