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the Gunnison River and are classified as steep slope mining. Bear Coal Company has requested a variance from the approximate original contour requirements of Rule 4.27.3(3).as provided by Rule 4.27.4. A number of alternative portal stabilization techniques and backfilling plans were proposed as a insult of geotechnical analyses conducted by Rocky Mountain Geotechnical. The Division has granted a variance from the approximate original contour requirements. The variance allows for partial backfilling scheme which will ensure stability of the reclaimed surface at both the Beaz No. 2 and No. 3 portals. The specifics of the proposed reclamation and portal stabilization plans are discussed in Section XVI (Backfilling and Grading) of this document. The approximate original contour variance has been granted to allow for the most stable backfilling configuration possible on the historically disturbed portal bench. The factor of safety of the proposed backfill plan will decrease the stability of the existing bench by only five percent. The existing bench has been stable since 1934. The Division has completed a thorough review of the Bear No. 2 and 3 portal backfilling plans and has made the following findings: • 1. Reclamation of the land to undeveloped land for wildlife habitat will insult in the best post-mining land use for the portal auras. This land use is equal in economic and public use to the pre-mining land use of wildlife habitat. 2. The proposed post-mining land use meets the requirements of Rule 4.16. 3. No significant changes in the quantity or quality of runoff from the partially backfilled bench will occur; therefore, no impacts to the surface water system is expected. 4. The variance meets all other criteria of Rule 2.06.5. The Bear Coal operation is in compliance with the provisions of this section. X3Q. In Situ Processing A. This section does not apply to the Bear Coal Company permit. ~n~r.ra • 36