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<br />Anthony J. Waldron December 1, 1995 <br />Re: 1995 Annual Reclamation Report <br />is not applicable." The application further reinforced <br />the demonstration of compliance with the provisions of <br />Rule 2.06.5(2) for permits incorporating variances from <br />approximate original contour restoration requirements <br />for steep slope mining. <br />After completing it's initial adequacy review, the <br />Division stated in a February 28, 1995 letter: <br />"Overall, the Division agrees with Somerset's position <br />that a highwall will not exist after reclamation is <br />completed and therefore, rule 2.06.5(2) for variance <br />from approximate original contour is the underpinning <br />rule that will dictate the final reclaimed <br />configuration of the Bear Canyon site." <br />"The Division agrees that leaving an access road is <br />beneficial and desirable for public access through this <br />area. Along this vein, it would seem necessary to <br />leave a certain amount of fill below the road for <br />support and stability. With a couple of exceptions <br />mentioned later in this review, the proposed <br />reclamation plan appears to utilize the necessary <br />material to complete backfilling while retaining an <br />adequate foundation to support an access road." <br />"Also, we believe that more material can be used (see <br />below) to complete the backfilling which will result in <br />slightly different final contours and slopes." "The <br />safety factor may have to be re-calculated based on the <br />additional material and final contour configuration." <br />"From reviewing map C8-1226R (post-mining topography <br />map) it is apparent that a small terrace or bench type <br />structure is being left between the 6350 and the 6375 <br />contour levels. The Division feels that this bench <br />should be backfilled and graded out to blend in with <br />the fall line for the rest of the slope. Please revise <br />the plan and map C8-1226R to illustrate the post-mining <br />topography without this bench." <br />On March 16, a letter was drafted with Somerset's <br />responses to the Division's concerns. Somerset's <br />position on moving additional material up the slope was <br />stated, and a request to reconsider a revision to the <br />post-mining topography was made. <br />"Somerset is reluctant to move additional material up <br />the slope to reclaim the terrace because of slope <br />stability concerns. If more material is moved up the <br />5 <br />