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(5) Each person who desires to conduct an experimental practice shall submit application for approval <br />•of the experimental practice by the Board. upon the recommendation of the Division. The application shall contain <br />appropriate descriptions, maps, plans. and data which show: <br />(a) The nature of the experimental practice, including a description of the performance <br />standards for which variances are requested and the duration of the experimental practice: <br />(b) How use of the experimental practice: <br />(i) Encourages advances in mining and reclamation technology, or <br />(ii) Allows a postmining land use for industrial, commercial, residential, or public use, <br />including recreational facilities, on an experimental basis, when the results are not otherwise attainable under these <br />Rules and the Act. <br />(c) That the mining and reclamation operations proposed for using an experimental practice <br />are not larger or more numerous than necessary to determine the effectiveness and economic feasibilitv of the <br />experimental practice. <br />(d) That the experimental practice: <br />(i) Is potentially more or at least as environmentally protective, during and after the <br />proposed mining operations, as those required under Rule 4: <br />(ii) Will not reduce the protection afforded public health and safety below that provided <br />• by the requirements of Rule 4. <br />(e) That the applicant will conduct special monitoring with respect to the experimental <br />practice during and after the operations involved. The monitoring program shall: <br />(i) Insure the collection and analysis of sufficient and reliable data to enable the <br />Board, upon the recommendation of the Division. to make adequate comparisons with other surface coal mining <br />and reclamation operations employing sunilar experimental practices: and <br />(ii) Include requirements designed to identify, as soon as possible, potential risks to <br />the environment and public health and safety from the use of the experimental practice. <br />(6) Each application shall set forth the environmental protection performance standards of Rule 4, <br />which will be implemented, in the event the objective of the experimental practice is a lailme. <br />(7) All ezperhuental practices for which variances are sought shall be specifically identified within the <br />newspaper advertisements by the applicant and the written notifications by the Division as required under 2.073. <br />(R) No experimental practice shall be authorized, unless the Board, after the reconintcndation by the <br />Division first finds, in writing upon the basis of a complete application tiled in accordance with the requirements <br />of 2.06.2 that: <br />(a) The experimental practice meets all the requirements of 2.06.2(5)(b) -2.06.2(5)(c); and <br />• ("b) The experimental practice is based on a cleariv defined set of objectives which can reasonable be <br />expected to be achieved. <br />Permit Renewal No. 3 2.06-1.1 3/5/99 <br />