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~ `• <br />increased by $142,513.25 (this figure takes into account the <br />difference between the current required bond of $1,089,743.75 and <br />the newly calculated reclamation liability of $1,232,257). <br />V. Permit Variances <br />According to the existing permit application, an approximate <br />original contour variance has been granted for the areas of Upper <br />and Lower Hubbard Creek and the Bear Canyon ventilation site. The <br />Bear Canyon ventilation site was the focus of a Ten Day Notice <br />issued to DMG from the Office of Surface Mining during a May, 1994 <br />oversight inspection. <br />It did appear that the variance had been improperly issued and the <br />operator submitted a technical revision (TR-23) to address the <br />inadequacies of the variance. In approving this revision, the <br />variance from approximate original contour was removed and nearly <br />original contours were going to be re-established. However, upon <br />publication of this decision, an objection was filed by a concerned <br />land user in the area who desired the land configuration with the <br />variance because it retained a small bench which provided a very <br />useful flat area in an otherwise narrow canyon. <br />Prior to completing the hearing process for objection, the <br />landowner (BLM) wrote the Division a letter expressing their desire <br />to include, as part of the reclamation plan, a variance from <br />original contour for some of the same reasons as the objector. <br />Landowner approval was one of the major items missing from the <br />original variance and the objector indicated that they would <br />withdraw their objection if the variance was reinstated. <br />Therefore, Sanborn Creek submitted a minor revision to the permit <br />application (MR-34) which incorporated the missing components from <br />the original variance. This was approved by the Division. At the <br />same time TR-23 was withdrawn as was the objection to the approval <br />of TR-23. <br />The current status of the Bear Canyon ventilation site is that it <br />will be reclaimed with a variance from approximate original contour <br />during the summer and fall of 1996. <br />The upper and lower Hubbard Creek sites both have acceptable <br />variances from approximate original contour. Both areas are <br />currently in the process of having permanent access easements <br />deeded to their respective land use agencies which is the USFS for <br />upper Hubbard Creek and BLM for lower Hubbard Creek. <br />-7- <br />