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• programs.(A) Compatible with adiacent land uses and existing State and local land use plans & <br />(13) Obtainable according to data regarding expected need and market <br />(C) Assured of investment in necessary public facilities; <br />(D) Supported by commitments from public agencies where appropriate: <br />(L) Practicable with respect to private financial capability for completion of the <br />proposed use. <br />(F) Planned pursuant to a schedule attached to the reclamation plan so as to integrate <br />the mining operation and reclamation with the postmining land use: and <br />(G) Designed by a registered engineer in confonnance with professional standards <br />established to assure the stability, drainage, and configuration necessary for the intended use of the site. <br />(iv) The Division has provided, in writing, an opportunity of not more than 60 days to review <br />and comment on such proposed use to the Board of County Commissioners in which the land is located and any <br />State or Federal agency which the Division determines to have an interest in the proposed use. <br />b) The aDDlicant has demonstrated that. in nlace of restoration of the land to be affected to the <br />approximate original contour wider 4.14.1 — 4,14,5, the operation will be conducted in compliance with the <br />requirements of 4.26 <br />(c) The special performance standards for mountaintop removal or 4.26 are made a specific condition <br />of the permit. <br />(d) All other requirements of the Act, these Rules, and the regulatory program are nnet by the proposed <br />operations. <br />(e) The permit is clearly identified as beine for mountaintop removal mining. <br />(4) (a) Any permits incorporating a variance issued under 2.06.3 shall be reviewed by the Division to <br />evaluate the progress and development of mining activities and to establish that the permittee is proceeding in <br />accordance with the terns of the variance, as follows: <br />(i) Within the six-month period preceding the end of the third year from the date of its <br />issuance; <br />(ii) Before each permit renewal; and <br />(iii) Not later than the middle of each permit term. <br />(b) Any review required under 2.06.3(4)(a) need not be held if the permittee has demonstrated and the <br />Division finds, in writing. within three months before the scheduled review. that all operations under the permit are <br />proceeding and will continue to be conducted in accordance with the terms of the uermit and reauirements orthe <br />• approved schedules, reclamation plan and the Act <br />Permit Renewal No. 3 2.06-1.3 3/5/99 <br />