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b) The proposed underground minim activities are necessary or desirable to assure maximum <br />practical recovery of the mineral resource and will avoid multiple future disturbances of surface land or waters. <br />• (c) The applicant 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 permits <br />necessary for the underground mining activities have been issued by the appropriate authorities, <br />(d) The surface area of surface coal mining activities proposed for the variance have been shown <br />by the applicant to he necessary for implementing the Qroposed 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 />reouirements 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 reouired to be filed by the applicant with the Division <br />shall be for the duration of the underground mining activities and until all reouirements of these Rules have been <br />complied with: an(i) The permit for the surface coal mining activities contains specific conditions: <br />(i)Delineating the particular surface areas for which a variance is authorized: <br />(ii) Identifying the particular 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 particular requirements of <br />4.22 and these Rules identified under 2.06.7(4)(i). <br />(5) Review of permit containing variances. Variances granted 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 any permit <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 structures, facilities, and disturbance 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 Permits C-81-071 and C-82-056): <br />Area I and Area 2 Pits — The final cut of the Area I Pit was permitted and utilized for stockpiling of low - <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 structures for the Foidel Creek underground mine <br />Mine Surface Facilities — Most of the mine surface facilities and associated disturbance areas 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 warehouse facilities, storage yards, coal <br />stockpile areas, coal handling and loadout facilities and equipment, ancillary facilities, and mine utilities. <br />TR06-52 2.06-4 02/17/06 <br />