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<br /> <br />in the amount of $250.00 on December 7, 1993. <br />Section V -Permit Variances <br />The Eckman Park, Mine 1, and Mine 2 complex does not involve any <br />variances regarding mountaintop removal or the achievement of <br />approximate original contour. There were no experimental practices <br />allowed at this site. <br />In the original C-81-071 application submitted in 1979, the <br />applicant had requested a variance from the contemporaneous <br />reclamation requirements for specific areas within Mine 1 and <br />Eckman Park. The Area 2 Pit along the base of the spoils in Mine <br />No. 1 was allowed to remain open to facilitate the development of <br />underground portals and associated facilities. The underground <br />operation was originally permitted through a revision submitted by <br />Colorado Xampa Coal Company, but has subsequently been separately <br />permitted by Twentymile Coal Company (TCC) as the Foidel Creek <br />Mine. Portions of the Area 2 Pit which remain open are now <br />considered facility areas used and bonded by TCC under Permit No. <br />C-82-056. <br />A variance from contemporaneous reclamation for the Area 51 and <br />Area 60 pits was previously requested by the operator in a letter <br />dated September il, 1987. Included in the letter was a request for <br />a variance from the requirement of Rule 4.14.1(1)(c) which <br />specifies that rough backfilling and grading be completed within <br />180 days following coal removal. CYCC had demonstrated that, due <br />to the length of the Area 51 and Area 60 pits which are being mined <br />with a single dragline as a result of decreased production <br />requirements, it is not feasible to meet the 180 day requirement. <br />Therefore, as allowed by Rule 4.14.1(1)(c), the Division waived the <br />180 day backfilling requirement for those two pits. CYCC was still <br />required to allow no more than four spoil ridges behind the pit <br />being worked. <br />As of the writing of this finding, both pits are completely <br />backfilled; therefore, the variance is no longer relevant. <br />The Division allowed Colorado Yampa Coal Company to avoid topsoil <br />redistribution at a six acre portion of Area 41-(Minor Revision 22') <br />since the area is exhibiting excellent aspen regeneration. As of <br />the August 1990 complete inspection, the area still shows excellent <br />aspen reestablishment and the variance remains valid. <br />Finally, the original permit acknowledged that a small portion of <br />the main east/west haul road encroaches into the 100 foot buffer <br />zone along Foidel Creek. This was allowed since the road was built <br />prior to the enactment of existing regulations and laws. <br />Section VI - Decision to Require Revisions <br />