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<br />Section IV -Permit Variances <br />The Eckman Park, Mine 1, and Mine 2 complex noes not involve any variances <br />regarding mountaintop removal or the achievement of approximate original <br />contour. There were no experimental practices allowed at this site. <br />In the original C-81-O7i application submitted an 1979, the applicant had <br />requested,a variance from the contemporaneous reclamation requirements for <br />specitic areas within Mine 1 and Eckman Park. The Area 2 Pit along the base <br />of the spoils in Mine No. 1 was allowed to remain open to facilitate the <br />development of underground portals and associated facilities. The <br />underground operation was originally permitted through a revision submitted <br />by Colorado Yampa Coal Company, but has subsequently been separately permitted <br />by 7wentymi]e Coal Company (7CC) as the Foidel Creek Mine. Portions of the <br />Area 2 Pit which remain open are now considered facility areas used and bonded <br />by TCC under Permit No. C-d2-U56. <br />A variance from contemporaneous reclamation for the Area 51 and Area 60 pits <br />was previously requested by the operator in a letter da fed September 11, <br />1987. Included in the letter was a request for a variance from the <br />requirement of Rule 4.14.1 (1)(c) which specifies that rough back filling and <br />grading be completed within 18U nays following coal removal. CYCC had <br />demonstrated that, due to the length of the Area 51 and Area 60 pits which are <br />being mined N1Lh a single dragline as a result of decreased production <br />requirements, it is not feasible to meet the 180 day requirement. Therefore, <br />as allowed by Rule 4.14.1(1 )(c ), the Division waived the 180 day backfilling <br />requirement for those two pits. CYCC was still required to allow no more than <br />tour spoil ridges behind the pit being worked. <br />As of the writing of this finding, both pits are Completely backfilled; <br />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) since the <br />area is exhibiting excellent aspen regeneration. As of the August 1990 <br />complete inspection, the area still shows exce112nt aspen reestablishment and <br />the variance rert~ains valid. <br />Finally, the original permit acknowledged that a small portion of the main <br />east/west haul road encroaches into the 100 foot buffer zone along Foidel <br />Creek. this was allowed since the roan was built prior to the enactment of <br />existing regulations and laws. <br />-18- <br />