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<br />II. STEEP SLOPE VARIANCE <br />The Division has approved a steep slope variance from approximate <br />original contour requirements, pursuant to Rule 2.06.5 and Rule <br />4.27, for the upper haul road segment and mine portal bench area. <br />Rule 2.06.5(3) requires that the Division review any steep slope <br />variance from approximate original contour (IiOC) issued under <br />2.06.5 as a part of the mid-term review to evaluate the progress <br />and development of the mining activities and to establish that the <br />permittee is proceeding in accordance with the terms of the <br />variance. There has been no significant development or reclamation <br />activity conducted at the site since the original permanent program <br />permit was issued in January, 1983. Mining activities were <br />initiated in 1977 under a USGS exploration permit. The operation <br />has been in temporary cessation since January, 1984. <br />It appears that the variance approval as originally discussed in <br />the Division's September, 1982, Findings of Compliance, and <br />expanded somewhat in the most recent permit renewal findings <br />document may not meet all applicable requirements. Further, rule <br />changes which became effective in May, 1994, pertaining to highwall <br />elimination requirements may need to be addressed with respect to <br />the proposed final topography in the mine portals area. <br />The variance approval is discussed on pages 36 and 49 of the March <br />10, 1993 Findings Document. The Division's Findings make reference <br />to "a demonstration that the requirements of Rule 2.06.4 and 2.06.5 <br />have been met (4.27.3)", and a demonstration that "the requirements <br />of Rule 4.27.4 will be met." Section 3.3 of the permit application <br />is referenced with respect to the demonstrations on page 49, and <br />typical backfilled cross sections along with stability analyses <br />demonstrating that the reclaimed configuration's safety factors <br />exceed predisturbance slope safety factors are also referenced. <br />The Backfilling and Grading section of the Division's September 7, <br />1982 Findings of Compliance also makes reference to a variance from <br />approximate original contour for the upper haul road segment and <br />the portal bench area, although specific findings required for a <br />variance approval are not included. <br />The 1982 Findings document contains the following discussion: <br />The applicant proposes not to backfill the workings to <br />achieve approximate original contour. The application <br />contains a description and cross-sections of proposed <br />Backfilling and grading plans for the mine portal bench <br />area and for the haul road. <br />The upper haul road segment between the confluence of the <br />Munger Creek Valley and the unnamed tributary to the <br />Munger Creek Valley (Sta. 67+00') to, and including, the <br />mine portal bench area, is characterized by steep slopes, <br />commonly in excess of 20 deg. Under the regulations of <br />