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<br />A. J. Waldron -2- November 10, 1994 <br />Creek portal area will provide better access through the <br />area than the access provided prior to the disturbance. <br />The road grade though the portal area is wider and not as <br />steep as the access road that existed prior to the <br />disturbance. <br />(b) The proposed land use, after consultation with the <br />appropriate land-use planning agencies, if any, constitutes an <br />equal or better land use. <br />The proposed land use of public use is the same as the <br />land use prior to mining. Prior to mining the public had <br />access through the area. After the area is reclaimed the <br />public will still have access through the area. <br />Therefore, the proposed land use is equal to the pre- <br />mining land use. <br />(c) The applicant has demonstrated compliance with the <br />requirements for acceptable alternative postmining land uses <br />of 4.16. <br />The Division's approval of minor revision number 29 <br />confirmed compliance with the requirements for acceptable <br />alternative postmining land use for the Bear Canyon <br />surface facilities. Minor revision number 29 <br />incorporated revised permit page 2.05-39 and revised Post <br />Mining Land Use Map ES-3300 to satisfy this section. <br />The Division's letter to OSM dated October 13, 1994 <br />states that the Division believes minor revision number <br />29 should satisfy the AFO's concerns regarding post- <br />mining land use. <br />(d) The applicant has demonstrated that the watershed of <br />lands within the proposed permit area and adjacent areas will <br />be improved by the operations. <br />Enclosed are new permit pages B-168 through B-173 which <br />demonstrate that the watershed of the Bear Creek <br />facilities area will be improved by implementation of the <br />reclamation plan. <br />(e) The applicant has demonstrated that the owner of the <br />surface of the lands within the permit area has knowingly <br />requested, in writing, as part of the application, that a <br />variance be granted. <br />The Bear Creek surface facilities are located on land <br />owned by the BLM. Minor revision number 25 incorporated <br />a letter into the permit from the BLM dated May 25, 1994 <br />which satisfied the landowner request requirement. The <br />letter is presented on page 2.06-Si in the permit. <br />