Upon request, or upon his own initiative, the Chief may grant a variance from any other requirements of this Series upon a showing by an operator that alternative practices will satisfy the requirements of the West Virginia Code and exhibit sound engineering practice. Prior to taking final action to grant or deny such a variance the Chief shall provide notice of his proposed action to the public and to the surface owners of record and any coal owner, operator or lessee and provide all such persons with an opportunity to comment on such a proposal.
W. Va. Code R. § 38-18-18