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b) The proposed underground minine activities are necessary or desirable to <br />• assure maximum practical recovery of the mineral resource and will avoid multiple future disturbances of surface <br />land or waters; <br />(c) The applicant has satisfactorily demonstrated that the application for [he <br />surface coal minine activities and under~'ound mining activities conforms to the requirements of these Rules and <br />that all other permits necessary for the underground mining activities have been issued by the appropriate <br />authorities: <br />(d) The surface area of surface coal mining activities proposed for the variance <br />have been shown by the applicant to be necessary for implementing, the proposed underground mining activities; <br />(e) No substantial adverse environmental damage, either on-site or off-site, will <br />result from the delay ut completion of reclamation otherwise required by Section 34-33-120(2)(p), C.R.S., and 4.13; <br />ff) The operations will, insofar as a variance is authorized, be conducted in <br />compliance with the requirements of 4.22 and these Rules; <br />(g.) Provisions for storage of spoil will comply with the applicable performance <br />standards of Rule 4. <br />(h) Liability under the performance bond required [o be filed by the applicant <br />with the Division shall be for the duration of the underground mining activities and until all requirements of these <br />Rules have been complied with; an(i) The permit for the surface coal mining activities contains specific <br />conditions: <br />S (i) Delineating the particular surface areas for which a variance is <br />authorized: <br />(ii) Identifying the particular rc guirements of 4.22 and these Rules which <br />are to be complied with; and <br />(iii) Providing a detailed schedule for compliance tvitlt the particular <br />requirements of 4.22 artd these Rules identified under 2.06.7(4)(1). <br />(5) Review of permit containing variances. Variances granted under pemtits issued <br />under 2.06.7 shall be reviewed by the Division no later than 3 years from the dates of issuance of the permit and <br />any permit renewals. <br />Rule 2.06.8 -Surface Coal Mining and Reclamation Operations on Areas or Adjacent to Areas. Including <br />Alluvial Valley Floors <br />(1) Scope 2.06.8 applies to each person who conducts or intends to conduct surface coal minino~nd <br />reclamation operations in, adjacent to or under a valley holding a stream. <br />~) No person shall engage in surface coal mining and reclamation operations subject to 2 06 8 except <br />under a permit issued by the Division or Board in accordance with 2.O6.S. <br />(3) Alluvial Valley ploor De[ennination <br />(a) AnY person who proposes to engage in surface coal minim, operations. may, prior to <br />making an auplication for a permit, request in writing that the Doard give an informal opinion on whether or not <br />Permit Renewal No.3 2.06-4 3/5/99 <br />