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2A6.5(2)(a) The applicant has demonstrated that the purpose of the variance is to <br />make the lands to be affected within the permit area suitable for an industrial, <br />commercial, agricultural, residential, or public use...Affirmative. <br />2.06.5(2)(b) The proposed use, after consultation with the appropriate land-use <br />planning agencies, if any, constitutes an equal or better economic or public use. <br />Affirmative. County Planning agency was notified of the variance <br />request/land use change revision application, and no response was received. <br />2.06.5(2)(c) The applicant has demonstrated compliance with the requirements <br />for acceptable alternative postmining land uses of 4.16. Resolution Pending. <br />DRMS contacted county planning agency pursuant to 4.16.3(1) and Colorado <br />Division of Wildlife pursuant to 4.16.3(5) and no comments were received (we <br />thus assume these agencies do not have concerns). Applicant has been <br />requested to address in further detail the requirement of 4.16.3(1), regarding <br />compatibility of all aspects of the proposed use with existing local, state, or <br />federal land use policies and plans. Feasibility of the proposed use is <br />adequately addressed in the application, pursuant to 4.16.3(2). Water <br />flow/pollution demonstration associated with 4.16.3(3) is adequately addressed by <br />Appendix 14-9, "AOC Variance Watershed Analysis". Applicant has been <br />requested to address any safety hazard associated with location of proposed <br />migrant worker housing structure at the base of the steep rock face. <br />Application demonstrates compliance with 4.16.3(4). 4.16.3(6) does not apply. <br />2.06.5(2)(d) The applicant has demonstrated that the watershed of lands within <br />the proposed permit area and adjacent areas will be improved by the operations. <br />The watershed will only be deemed improved if. <br />(i) There will be a reduction in the amount of total suspended solids or <br />other pollutants... <br />(ii) The total volume offlows...will not vary in a way that adversely affects <br />the ecology...or use ofsurface or ground water... <br />(iii) The appropriate State environmental agencies approve the plan. <br />Affirmative. Required demonstration was provided within Appendix 14-9. <br />2.06.5(2)(e) The applicant has demonstrated that the owner of the surface...has <br />knowingly requested, in writing,... that a variance be granted. Affirmative. <br />2.06.5(2)(f) The applicant has demonstrated that the proposed operations will be <br />conducted in compliance with the requirements of 4.27.4. Pending review of <br />