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Trapper was approved for a variance from backfilling and grading to the approximate original <br /> contour in the L Pit and in the Ash Pit with PR9 and modified with PR12. The following <br /> summarizes the findings required by Rule 2.06.5 for the incorporation of a variance from the <br /> approximate original contour restoration requirements for steep slope mining: <br /> 1. 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 <br /> land use of rangeland which will support grazing as an agricultural use. <br /> 2. The post-mine land use established by reclamation of the L and Ash pits constitutes <br /> an equal or better economic use. <br /> 3. The applicant is not proposing an alternative post-mining land use whereby this is not <br /> applicable. <br /> 4. 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 <br /> waters from the permit area as compared to such discharges prior to mining in the L <br /> and Ash pits. <br /> 5. TMI provided documentation to the landowners of the affected land associated with <br /> the variance; TMI and the Colorado State Land Board have knowingly requested, in <br /> writing,as part of the (PR9)application,that a variance be granted in A Pit. <br /> 6. The applicant has demonstrated that the proposed operation will be conducted in <br /> accordance with Rule 4.27.4: <br /> a. 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 /> b. 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 <br /> seasonal or flood flows. The sediment yield per acre,postmining in the L and <br /> Ash pits shall be less than pre-mining levels. <br /> c. 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 <br /> map M10A and M10B and will be necessary for the establishment of the <br /> proposed post-mining topography as shown on Map M12. <br /> d. The proposed plan, if implemented as described in the permit application <br /> package should allow compliance with Rule 2.06.5. <br /> e. Not applicable to this operation. <br /> 7. 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 /> XXI. In Situ Processing <br /> No specific approvals are granted to the applicant under this section. <br /> 20 <br />