Laserfiche WebLink
3Y-33_- 1 <br /> G <br /> (p) Ensure that all reclamation efforts proceed in an environmentally <br /> sound manner and as contemporaneously as practicable with the surface <br /> coal mining operations; except that, where the applicant proposes to <br /> combine surface coal mining operations with underground mining to <br /> assure maximum practical recovery of the mineral resources, the board or <br /> division may grant a variance for specific areas within the reclamation plan <br /> from the requirement that reclamation effort proceed as <br /> contemporaneously as practicable to permit underground mining prior to <br /> reclamation: <br /> (I)If the board or division finds in writing that: <br /> (A) The applicant has presented, as part of the permit application, <br /> specific, feasible plans for the proposed underground mining operations; <br /> (B) The proposed underground mining is necessary or desirable to <br /> assure maximum practical recovery of the mineral resource and will avoid <br /> multiple disturbance of the surface; <br /> (C) The applicant has satisfactorily demonstrated that the plan or <br /> revision for the underground mining activities conforms to applicable local <br /> and state requirements for underground mining and that the permits <br /> necessary for the underground mining activities have been issued by the <br /> appropriate authorities. <br /> (D) The areas proposed for the variance have been shown by the <br /> applicant to be necessary for the proposed underground mining; <br /> (E) No substantial adverse environmental damage, either on-site or <br /> off-site, will result from the delay in completion of reclamation as required <br /> by this article; <br /> (F) Provisions for the off-site storage of spoil will comply with <br /> paragraph (v)of this subsection (2); <br /> (II) If the board has promulgated specific regulations to govern the <br /> granting of such variances in accordance with the provisions of this article; <br /> (III) If variances granted under the provisions of this paragraph(p)are <br /> to be reviewed by the division not more than three years from the date of <br /> issuance of the variance;and <br /> (IV) If liability under the bond filed by the applicant with the division <br /> pursuant to section 34-33-113(2) will continue for the duration of the <br /> underground mining activities and until the requirements of this <br /> subsection(2)and section 34-33-125 have been fully complied with. <br /> LL C1( <br /> A A r <br />