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-53- ~'~ J ~ fit fl '~U <br />XXI. Saecial Categories of Mining - Rules 2.06 and 4.22 through 4.29 <br />At the Eagle Mines No. 5 and No. 9, the applicable special categories of <br />mining are a request for variance for delay in contemporaneous reclamation and <br />support facilities not located within the permit area. The request for <br />variance for delay in contemporaneous reclamation has been revised as a result <br />of the Eagle Mine No. 9 permit revision application. <br />Variance for Delay in Contemporaneous Reclamation Requirement in <br />Combined Surface and Underground Mining Operations <br />Empire Energy Corporation requests a variance in contemporaneous reclamation <br />requirements for the combined surface and underground mining operations for a <br />pit in the Williams Fork Strip Mine No. 2. It is from the highwall of the <br />existing surface mine pit that the applicant proposes to construct a second <br />set of portals into the Eagle No. 9 mine underground workings. A set of three <br />entries is proposed. These entries will be used for ventilating the mine. <br />The area is designated as the No. 9A portals and is shown on Map IV-10A. A <br />revision to the permit will be necessary, showing detailed design plans prior <br />to construction of the 9A portals. Spoil from the surface pit is stored <br />adjacent to the pit. No off-site storage of spoil is proposed. <br />The Division can reconmend approval for the variance request based on the <br />following findings. <br />(a) The applicant has presented, as part of the permit application in <br />accordance with Rule 2, specific, reasonable plans for the underground <br />mining operations; <br />(b) The proposed underground mining is necessary or desirable to <br />assure maximum practical recovery of the mineral resource and will avoid <br />multiple disturbance of the surface; <br />(c) The applicant has satisfactorily demonstrated that the plan or <br />revision for the underground mining activities conforms to applicable <br />local and State requirements for underground mining and that the permits <br />necessary for the underground mining activities have been issued by the <br />appropriate authorities; <br />(dj The areas proposed for the variance have been shown by the <br />applicant to be necessary for the proposed underground mining; and <br />(e) No substantial adverse environmental damage, either on- or <br />off-site, will result from the delay in completion of reclamation as <br />required by Rule 4.22. <br />This section is in compliance with Rules 2.06.7 and 4.22. <br />