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specifications. Please submit this >aotification to the Division, if it already has not been sent. Also, please submit a copy of any correspondence from MSHA to you, confirming MSHA's acceptance of the fmal portal sealing. Rule 2.05.6 9. On page 189 of the permit application, it is stated that before any mining in Zone a`i3, a subsidence monitoring system would be employed. Was this system ever employed? Was there any mining in Zone 3? 10. On page 190.1 of the permit application, a septic system is mentioned. Is this septic system still in place? If so, please locate the system's holding tanks and leach field on a map. 11. On the fast page of the 1994 Annual Water Report, it is stated that there are no monitoring wells in the permit or surrounding azeas. It is the Division's understanding that the operator is committed to sampling from a monitoring well that is located near Trout Creek. If this understanding is correct, is this well location spotted on a map? If not, please do so. Also, what are the operator's responsibilities for reclaiming this well? SECTION V - PERMTT VARIANCES AND SPECIFIC APPROVALS The following aze specific variances and approvals by the Division for the Apex No. 2 Mine. The Division has granted the operator, through Technical Revision No. 6, a variance from complete backfdling of the portal highwall. This variance, p~!rn~t to Rule 4.14.1(2) is described in the Findings of Compliance for Technical Revision No. 6, dated August 3, 1995. The Division has determined that portions of Trout Creek and Middle Creek are AVFs, but that the Apex No. 2 Mine is "grandfathered" from Rule 2.06.8(5)(a)(i) for those areas within the federal lease, excluding the SE'k SW'k and SE'k NW'k of Section 22 for the surface facilities. This "grandfathering" is described in the Proposed Decision and Findings of Compliance, dated March 1983, on pages 14, IS and 16. The landowner requested, and the Division agreed, that the final reclamation seed mix not include shrubs, since the post-mine land use includes grazing. The approved seed mix can be found on page 184 of the permit application. The Division has agreed to a revegetation success standard that is based on averaging pre-mining data from adjacent mines. There is no true baseline data from the Apex No. 2 Mine, nor were other approaches to gathering data feasible for this site. The approved revegetation success standard is on page 184.1 of the permit application. The Division gave approval to Sunland's request to use the P&M Edna Mine monitoring data for the downstream monitoring requirement for the Apex No. 2 Mine, due to landowner disputes. The Division has given a variance from Rule 2.07.6(2)(d)(iv) by allowing mining within 100 feet of Routt County Road 29. Sunland was able to show that they had valid existing rights prior to 4 ~~