1. (1) The operator may request a variance from Section R647-2-107, Section R647-2-108, or Section R647-2-109, by submitting the following information, which shall be considered by the Division on a site-specific basis:

   1. (a) The rules from which a variance are requested;
   2. (b) The variance requested and description of the area that would be affected by the variances;
   3. (c) Justification for the variance; and
   4. (d) Alternate methods or measures to be utilized.
2. (2) A variance shall be granted if the alternative method or measure proposed will be consistent with the Act.
3. (3) Any variance must be specifically approved by the Division in writing.

KEY: minerals reclamation

Date of Last Change: August 27, 2025

Notice of Continuation: April 27, 2023

Authorizing, and Implemented or Interpreted Law: 40-8-1 et seq.