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Section 785.18 (d) Continued. <br />(2) The proposed underground mining activities are necessary or desirable <br />to assure maximum practical recovery of the mineral resource and will <br />avoid multiple future disturbances of surface land or waters; <br />(3) The applicant has satisfactorily demonstrated that the applications <br />for the surface mining activities and underground mining activities <br />conform to the requirements of the regulatory program and that all other <br />permits necessary for the underground mining activities have been issued <br />by the appropriate authority; <br />(4) The surface area of surface mining activities proposed for the <br />variance have been shown by the applicant to be necessary for imple- <br />menting the proposed underground mining activities; <br />(5) No substantial adverse environmental damage, either on-site or off- <br />site, will result from the delay in completion of reclamation otherwise <br />• required by Section 515(b)(16) of the Act, Part 816 of this Chapter, and <br />the regulatory program; <br />(6) The operations will, insofar as a variance is authorized, be <br />conducted in compliance with the requirements of 30 CFR 818 and the <br />regulatory program; <br />(7) Provisions for off-site storage of spoil will comply with the <br />requirements of Section 515(b)(22) of the Act, 30 CFR 816.71-816.74 and <br />the regulatory program; <br />(8) Liability under the performance bond required to be filed by the <br />applicant with the regulatory authority pursuant to Subchapter J, of <br />this Chapter and the regulatory program shall be for the duration of the <br />underground mining activities and until all requirements of Subchapter J <br />and the regulatory program have been complied with; and, <br />• 785-4 <br />