Laserfiche WebLink
RESPONSE <br />• As described under Rule 2.04.12, Prime Farmland Investigation, there are no prime farmlands located within or <br />near the proposed permit area. Consequently, the mining and restoration requirements of Rule 2.Ob.6, Prime <br />Farmlands, do not apply to this permit application. <br />Rule 2.06.7 -Variances for Delay in Contemporaneous Reclamation Requirements in Combined Surface snd <br />Underground Mining Operations. <br />(1) Scope. 2.06.7 applies to anv person who conducts or intends to conduct combined surface mining <br />activities and underwound minin¢ activities. where contemporaneous reclamation as required by 4.13 is not <br />practicable and a delay is requested to allow undereround minin¢ activities to be conducted before the reclamation <br />operation for the surface minine activities can be completed. <br />(21 Objective. The obiective of 2.06.7 is to allow for delay in reclamation of surface minine activities. <br />if that delay will allow under>?round mining activities to be conducted to enswe both maximum practical recovery <br />of coal resowces and to avoid multiple futwe distwbances of surface lands or waters. <br />(31 Application contents for variances. Anv nerson who desires to obtain a variance under 2.06.7 shall <br />file with the Division a complete application for the surface mining activities and undereround minine activities, <br />which aze to be combined. The mining and reclamation operation plans for these Hermits shall contain appropriate <br />narratives, mapsprepazed in accordance with 2.10, and plans, which: <br />(el Show why the proposed undereround minine activities aze necessary or desirable to asswe <br />maximum practical recovery of coal: <br />(bl Show how multinle future distwbances of surface lands or waters will be avoided; <br />(cl Identify the~ecific surface areas for which a variance is sought and the particular Sections <br />of the Act. these Rules. and the reeulatorv proeram for which a variance is bein¢ sought. <br />(dl Show how the activities will comply with 4.22 and other applicable requirements of these <br />Rules <br />jel Show why the variance sought is necessary for the it~lementation of the proposed <br />underground mining activities: <br />(fl Provide an assessment of the adverse environmental consequences and damages. if anv. that <br />will result if the reclamation of surface mining. activities is delayed: and <br />(g) Show how storage of spoil will be conducted to comply with the requirements of the Act. <br />and the applicable performance standards of rule 4. <br />(41 Issuance of a permit. A pemut incorporatine a variance under 2.06 may be issued by the <br />Division or Board if it first finds in writin~pon the basis of a complete application filed in accordance with 2.06 <br />that: <br />jal The applicant has presented as part of the permit application specific feasible plans for the <br />proposed underground mininn activities; <br />• <br />TR06-52 2.06-3 02/17/06 <br />