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b) The nronosed underground minim activities are necessary or desirable Io assure maximum <br />practical recovery of the mineral resource and will avoid multiyle futwe disturbances of surface land or waters: <br />• (c) The anpicant has satisfactorily demonstrated that the application for the surface coal mining <br />activities and underground mining activities conforms to the requirements of these Rules and that all other aermits <br />necessary for the underground mining activities have been issued by the appropriate authorities: <br />(d) The swface area of surface coal mininv activities proposed for the variance have been show3t <br />by the applicant to be necessary for imp]ementingtheQroposed underground mining activities: <br />(e) No substantial adverse environmental damage, either on-site or off-site. will result from the <br />delay in completion of reclamation otherwise required by Section 34-33-120(2)(p). C.R.S.. and 4,13: <br />(fl The operations will. insofar as a variance is authorized. be conducted in compliance with the <br />requirements of 4.22 and these Rules: <br />(g) Provisions for storage of spoil will comply with the applicable performance standards of <br />Rule 4. <br />h) Liability under the performance bond required to be filed by the applicant with the Division <br />shall be for the dwation of the underground minine activities and until all requirements of these Rules have been <br />complied with: an(t) The permit for the surface coal mining activities contains specific conditions: <br />(i)Delineating the particulaz surface areas for which a variance is authorized: <br />ii) Identifvine the narticulaz requirements of 4.22 and these Rules which are to be <br />complied with: and <br />iii) Providing a detailed schedule for compliance with the particulaz requirements of <br />4.22 and these Rules identified under 2.06.7(4)(1). <br />(51 Review of Hermit containing variances. Variances eranted under permits issued under 2.06.7 <br />shall be reviewed by the Division no later than 3 years from the dates of issuance of the._permit and ay hermit <br />renewals. <br />A variance (Special Stipulation 13 to Permit No. 79-177) for combined surface and underground mining operations <br />was granted under applicable provisions of Rule 2.06.7 covering the original portal face-up area (Area 2 surface <br />mine pit final cut) for the Foidel Creek Mine. At the time that the permit for the Eckman Park surface mines (C-81- <br />071)was consolidated with the current permit for the Foidel Creek underground mine (C-82-056), the variance was <br />expanded to address delays in contemporaneous reclamation for certain sttuciwes, facilities, and distwbance areas <br />associated with the surface mining operations that would continue to be utilized in support of the ongoing <br />underground operations. Included under this expanded variance were the following (refer to the Proposed Decision <br />and Findings of Compliance for both Pemtits C-81-071 and C-82-056): <br />Area I and Area ZPits -The 5na1 cut of the Area I Pit was pemtitted and utilized for stockpiling of Iow- <br />quality coal and waste, and has subsequently been used as a water storage impoundment for the mine-water <br />recycling system. The final cut of the Area 2 Pit has been utilized as the face-up area and for portal and <br />related structwes for the Foidel Creek underground mine <br />Mine Surface Facilities -Most of the mine surface facilities and associated disturbance azeas utilized for <br />the previous surface mining operations have been retained For ongoing use in conjunction with the <br />continuing underground mining operations. Included are shop and wazehouse facilities, storage yards, coal <br />stockpile azeas, coal handling and loadout facilities and equipment, ancillary facilities, and mine utilities. <br />TR06-52 2.06-4 02/17/06 <br />