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I, REVIEW OF MINE STATUS <br />The current status and permitting history of the operation is <br />essentially as outlined in the April 1998 renewal findings <br />document. The operation has been in temporary cessation since 1989. <br />Revisions approved subsequent to the previous mid-term review limit <br />the operation to the current extent of disturbance. Existing <br />facilities at the site include an access road, a small mine bench <br />with four portals that have been sealed, and a 5.6 acre rail <br />loadout facility located in Loma, Colorado. <br />The four portals at Munger Canyon were sealed with MSHA approved <br />concrete foam in 1992, at varying distances in from the openings. <br />One of the openings had apparently been filled and covered over <br />with soil shortly after sealing. The remaining openings were <br />backfilled with soil outby the seals in early July 2000, as <br />verified in the Division's July 31, 2000 inspection report. <br />Any expansion of disturbance beyond the existing disturbed areas <br />would require approval of a permit revision. This is based upon the <br />Division's approval of Technical Revision #11, on March 12, 1997, <br />which amended the reclamation plan to specifically address the <br />extent of disturbance existing at that time. The revised <br />reclamation plan was approved with a stipulation requiring that the <br />permit be revised, and the reclamation bond increased as necessary, <br />prior to any further disturbance, or resumption of active status <br />for purposes other than reclamation. <br />II. STEEP SLOPE VARIANCE <br />The Division originally approved a steep slope variance from <br />approximate original contour requirements, pursuant to Rule 2.06.5 <br />and Rule 9.27. The variance applied to the proposed upper haul <br />road segment which would entail expansion of the existing access <br />road that traverses a steep canyon side slope, and for the mine <br />portal bench area at the mine (see Section XIII of the March, 1993 <br />and April, 1998 Findings of Compliance documents). In the August <br />28, 1995 mid-term permit review letter, the Division noted certain <br />discrepancies between the reclamation plan for proposed disturbance <br />areas and the Division's findings, and also noted that the variance <br />from AOC approval did not appear to comply with all applicable <br />requirements of Rule 2.06.5 and 9.27.9. Finally, the Division <br />noted that the proposed highwall remnant indicated as the final <br />