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SECTION V -PERMIT VARIANCES AND SPECIFIC APPROVALS <br />In Permit Revision No. 3, approved June 2003, the Division authorized vaziances from the requirement that rough <br />backfilling and grading be conducted within ISO days following coal removal, pursuant to Rule 4.14.1(1)(c). The <br />specific variance request was for portions of the "A" Pit area where final pits had originally been left open under an <br />approved variance to accommodate auger mining, and portions of the Sage Creek/Wolf Creek pit areas and Wadge pit <br />area in the II-W South Extension. The Division's May 2, 2003 Findings of Compliance document includes the specific <br />variance approval and rationale for the approval, pursuant to 4.14.1(1)(c). The approval and rationale is presented on <br />pages 40 through 43 of the document. The approval included the following statement: <br />Based on the justification provided in PR-3 amended narrative, the Division approves the requested variances <br />from the 180 day rough backfilling and grading requirement oj4. /4.1(I)(c) for those variance request areas <br />described and depicted in Tab !9 narrative and Exhibit l9-l A. Rough grading and backfi[ling within the <br />designated variance areas is to be completed in compliance with the schedule specified in the permit. For the <br />Wadge South Pi[s and Wolf Creek/Sage Creek Pits within the southern portion of the South Extension Area, <br />the variance applies solely to the timing of backfrl/ing and grading, and does no[ allow for more than four <br />spoil ridges behind the pit being worked <br />Within this Mid-term Review, in Section IV, Item 26, the Division has identified one specific wncem related to the <br />variance described, and has requested the operator to amend the permit narrative to resolve the concern. The concern <br />relates to language in specific sections of the permit application indicating that in certain loosely defined areas, more <br />than four spoil ridges might be allowed to accumulate behind the active pit. <br />An additional issue of d'vect relevance to the approved variance has been brought to the Division's attention very <br />recently by the operator [n letters of December 8 and December 10, the operator has indicated that regrading in the "B" <br />Pit area and specific portions of the "A" Pit variance area will likely not be completed by the December 31, 2003 <br />deadline specified in the approved permit. The Division has advised the operator to submit a technical revision <br />application to allow for a deadline extension of not more than three months. <br />21 <br />