A variance under this part applies only to those specific areas within the permit area that the person conducting combined surface and underground mining operations has shown to be necessary for implementing the proposed concurrent operations and that the director has approved in the permit under 19.8.10.1005 NMAC. The variance is effective for any particular portion of the permit area only for the time necessary to facilitate and to complete the authorized underground mining activities.
N.M. Admin. Code § 19.8.21.2100