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XVIIL Operations on Prime Farmland <br /> No prime farmlands currently exist within the proposed permit area. Therefore any <br /> specific approvals under this section do not apply. <br /> XIX. Mountaintop Removal <br /> No specific approvals are granted to the applicant under this section. <br /> XX. Operations on Steep Slopes <br /> Trapper was approved for a variance from backfilling and grading to the approximate <br /> original contour in the L Pit and in the Ash Pit with PR9. The following summarizes the <br /> findings required by Rule 2.06.5 for the incorporation of a variance from the approximate <br /> original contour restoration requirements for steep slope mining: <br /> (2)(a)—TMI is not revising the post-mining land use for rangeland,wildlife habitat and <br /> cropland. The L and Ash pits will be reclaimed to support the approved post mine land <br /> use of rangeland which will support grazing as an agricultural use. <br /> (2)(b)—The post-mine land use established by reclamation of the L and Ash pits <br /> constitutes and equal or better economic use. <br /> (2)(c)—The applicant is not proposing an alternative post-mining land use whereby this is <br /> not applicable. <br /> 2)(d)—TMI has demonstrated the watershed of lands within the proposed permit area and <br /> adjacent areas will be improved by the operation. TMI demonstrated there will be a <br /> reduction in the total suspended solids or other pollutants discharged to the surface waters <br /> from the permit area as compared to such discharges prior to mining in the L and Ash pits. <br /> (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 (PR9) 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 backfllled 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 /> 22 <br />