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2 <br />Table 1 Regulatory Requirements Checklist <br />Rule Requirements Location in Document <br />Rule 2.06.4(2) <br /> <br />Sufficient information to establish that the operations will be conducted <br />in accordance with the steep slope performance standards of Rule <br />4.27.3. <br />Not applicable under variance of Rule 2.06.5 <br />Rule 2.06.5(2)(a) The applicant has demonstrated that the purpose of the variance is to <br />make the lands to be affected within the permit areas suitable for an <br />industrial, commercial, agricultural, residential or public use post-mining <br />land use <br />Post-mining land use is discussed in sections 2.5, 3.6.3 and 4.2 and has <br />not changed from the approved postmining land use. <br />Rule 2.06.5(2)(b) The proposed use, after consultation with any appropriate land-use <br />planning agencies, if any, constitutes an equal or better economic or <br />public use. <br />No alternative postmining land use is proposed. <br />Rule 2.06.5(2)(c) The applicant has demonstrated compliance with the requirements for <br />acceptable alternative postmining land uses of 4.16. <br />No alternative postmining land use is proposed. <br />Rule 2.06.5(2)(d) The applicant has demonstrated that the watershed of lands within the <br />proposed permit area and adjacent areas will be improved by the <br />operations. The watershed will only be deemed improved if: <br />(i) There will be a reduction in the amount of total suspended solids or <br />other pollutants discharged to ground or surface waters from the permit <br />area as compared to such discharges prior to mining, so as to improve <br />public or private uses or the ecology of such waters; or, there will be <br />reduced flood hazards within the watershed containing the permit area <br />by reduction of the peak flow discharges from precipitation events or <br />thaws; <br />(ii) The total volume of flows from the proposed permit area, during <br />every season of the year, will not vary in a way that adversely affects the <br />ecology of any surface water or any existing or planned use of surface <br />or ground water; and <br />(iii) The appropriate State environmental agencies approve the plan. <br />See App. B; Attachment 2 of this report for analysis of surface <br />hydrology impacts within the AOC variance area. <br />Rule 2.06.5(2)(e) The applicant has demonstrated that the owner of the surface of the <br />lands within the permit area has knowingly requested, in writing, as part <br />of the application, that a variance be granted. The request shall be <br />made separately from any surface owner consent given for operations <br />under 2.03.6, and shall show an understanding that the variance could <br />not be granted without the surface owner's request. <br />See App. B; Attachment 3 of this report for applicable documents.