The operator shall insure that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable with the surface coal mining operations. Where the applicant proposes to combine surface mining operations with underground mining operations to assure maximum practical recovery of the coal and other mineral resources, the Department may grant a variance for specific areas within the reclamation plan from the requirement that reclamation efforts proceed as contemporaneously as practicable to permit underground mining operations prior to reclamation:

1. If the Department finds in writing that:

a. the applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations,

b. the proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the coal and other mineral resources and will avoid multiple disturbance of the surface,

c. the applicant has satisfactorily demonstrated that the plan for the underground mining operations conforms to requirements for underground mining in the jurisdiction and that permits necessary for the underground mining operations have been issued,

d. the areas proposed for the variance have been shown by the applicant to be necessary for the implementing of the proposed underground mining operations,

e. no substantial adverse environmental damage, either on-site or off-site, will result from the delay in completion of reclamation as required by this act, and

f. provisions for the off-site storage of spoil will comply with the requirements of this act;

2. If the United States Secretary of the Interior has promulgated specific regulations to govern the granting of such variances in accordance with the provisions of federal law, and has imposed such additional requirements as he deems necessary;

3. If variances granted under the provisions of this section are to be reviewed by the Department not more than three (3) years from the date of issuance of the permit; and

4. If liability under the bond filed by the applicant with the Department shall be for the duration of the underground mining operations and until the requirements of this act have been fully complied with.

Laws 1979, c. 249, § 25, emerg. eff. June 1, 1979.