2016-05-04_PERMIT FILE - C1982056 ‎(7)‎

• Permit No: C1982056
• IBM Index Class Name: Permit File
• Doc Date: 5/4/2016
• Section_Exhibit Name: 2.06 Special Categories of Mining
• Media Type: D
• Archive: No

RESPONSE
•As described under Rule 2.04.12, Prime Farmland Investigation, there are no prime farmlands located within or
near the proposed permit area. Consequently, the mining and restoration requirements of Rule 2.06.6, Prime
Farmlands, do not apply to this permit application.
Rule 2.06.7 - Variances for Delay in Contemporaneous Reclamation Requirements in Combined Surface and
Underground Mining Operations.
•
(1) Scope. 2.06.7 applies to any person who conducts or intends to conduct combined surface mining
activities and underground mining activities, where contemporaneous reclamation as required by 4.13 is not
practicable and a delay is requested to allow underground mining activities to be conducted before the reclamation
operation for the surface mining activities can be completed.
(2) Objective. The obiective of 2.06.7 is to allow for delav in reclamation of surface mining activities,
if that delay will allow underground mining activities to be conducted to ensure both maximum practical recovery
of coal resources and to avoid multinle future disturbances of surface lands or waters.
(3) Application contents for variances. Any person who desires to obtain a variance under 2.06.7 shall
file with the Division a complete application for the surface mining activities and underground mining activities,
which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate
narratives, mapsprepared in accordance with 2.10, and plans, which:
(e) Show why the proposed underground mining activities are necessary or desirable to assure
maximum practical recovery of coal:
(b) Show how multiple future disturbances of surface lands or waters will be avoided:
(c) Identify the svecific surface areas for which a variance is sought and the particular Sections
of the Act, these Rules, and the regulatory program for which a variance is being sought.
(d) Show how the activities will comnly with 4.22 and other applicable requirements of these
Rules:
(e) Show why the variance sought is necessary for the implementation of the proposed
underground mining activities:
(fl Provide an assessment of the adverse environmental consequences and damages, if any, that
will result if the reclamation of surface mining activities is delaved: and
(g) Show how storage of spoil will be conducted to comply with the requirements of the Act.
and the applicable performance standards of rule 4.
(4) Issuance of a permit. A permit incorporating a variance under 2.06 may be issued by the
Division or Board if it first finds in writing, upon the basis of a complete application filed in accordance with 2.06
that:
(a) The applicant has presented as part of the permit application specific feasible plans for the
Proposed underground mining activities:
TR06-52 2.06-3 02/17/06