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According to the findings document, the Orchard Valley Mine (now <br />Bowie Mine No. 1) obtained a variance from the requirement for <br />restoration of affected lands to their approximate original contour <br />in accordance with Rules 2.06.5 and 4.27. The variance was granted <br />under the 1981 permit and was reissued during the most recent <br />findings which was issued for Permit Revision No. 3. The variance <br />applies to the mine benches only and was granted because it was <br />demonstrated that backfilling the benches to approximate original <br />contour on such a steep slope would not achieve the required slope <br />stability safety factor of 1.3 (see Volumes 6 and 6A, Stability <br />Analysis). The original Orchard Valley Mine permit application <br />specified that because the mine was an underground mine, rule <br />4.27 regarding steep slope mining was not applicable. This is not <br />the case, as surface facilities -of an underground mine are <br />considered to be surface coal mining operations, therefore <br />rendering the Orchard Valley Mine subject to Rule 4.27. A <br />requirement for the Orchard Valley Mine's compliance with rule 4.27 <br />was addressed in Stipulation No. 43 to the last permit renewal. <br />This stipulation was complied with through the submittal of a <br />revision to the permit and is discussed in more detail in part III <br />of this document. <br />11 <br />