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salvage in the MR -132 and TR -72 approved disturbance areas. And, it was not <br />determined until construction began that topsoil salvage would not be possible. As <br />part of the TR -76 package, the operator has requested a variance for topsoil salvage in <br />the area around the gob pile #2 expansion. If topsoil is available, Bowie will salvage it, <br />however, if the area is too steep, to rocky, or topsoil is too thin, no topsoil will be <br />salvaged. This variance request is included as part of the TR -76 approval on January <br />14, 2013. <br />Bowie did not willfully violate the terms of the permit, and hopes the above explanation <br />will provide justification as to why the events occurred. <br />