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(c) The ternis and conditions of a permit for mountaintop removal mining may be modified at anv time <br />by the Division, if it determines that more stringent measures are necessary to insure that the operation involved in <br />conducted in compliance with the requirements of the Act and these Rules. <br />RESPONSE <br />The mining proposed within the permit area is underground mining, therefore no mountaintop removal mining will <br />occur. <br />Rule 2.06.4 - Steen Slope Mining <br />(1) Scope. 2.06.4 applies to any person who conducts or intends to conduct steep slope mining and <br />reclamation operations, except: <br />(a) Where an operator proposes to conduct surface coat mining and reclamation operations on <br />Flat or gently rolling terrain, leaving a plain or predominantly Flat area, but on which an occasional steep slope is <br />encountered as the mining operation proceeds. <br />(b) Where a person obtains a permit for mountaintop removal mining; or <br />(c) To the extent that a person obtains a permit incorporating a variance under 2.06.5. <br />(2) Anv application for a permit for surface coal mining and reclamation operations covered by 2/06/4 <br />shall contain sufficient information to establish that the operations will be conducted in accordance with the steep <br />slope performance standards in 4.27.3. <br />• (3) No permit shall be issued to any operations covered by this 2.06.4 unless the Division finds. in <br />writing, that in addition to meeting all other requirements of the performance standards, the operations will be <br />conducted in accordance with the requirements of 4.27.3. <br />RESPONSE <br />Mining within the proposed permit area will be conducted by underground mining methods and will not involve <br />any steep slope mining or reclamation operations. <br />Rule 2.06.5 - Permits Incorporatine Variances from Approximate Orieinal Contour Restoration Requirements <br />for Steep Slone Mining. <br />(1) Scope. 2.06.5 applies to non mountaintop removal steep slope surface coal mining and reclamation <br />operations, where the operations is not to be reclaimed to achieve the approximate original contour required by <br />4.14.1-4.14.6 and 4.27.3. <br />(2) The Board or Division shall issue a permit for surface mining activities incorporating a variance <br />from the requirement for restoration of the affected lands to their approximate original contour only if it first finds, <br />in writing, that all of the following requirements are met: <br />(a) The applicant has demonstrated that the purpose of the variance is to make the lands to be <br />affected within the permit area suitable for an industrial, commercial, aaricultural, residential, or public use <br />postmining land use. <br />i(b) The proposed use. after consultation with the appropriate land -use planning agencies, if <br />anv, constitutes an equal or better economic or public use. <br />Permit Renewal No. 3 2.06-2 4/1/99 <br />