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(c) The applicant has demonstrated compliance with the requirements for acceptable <br />alternative postmining land uses of 4.16. <br />(d) The applicant has demonstrated that the watershed of lands within the proposed permit area <br />and adjacent areas will be improved by the operations. The watershed will only be deemed improved if: <br />(i) There will be a reduction in the amount of total suspended solids or other pollutants discharged to ground <br />or surface waters from the petmit area as compared to such discharees prior ro mining, so as [o improve public or <br />private uses or the ecology of such waters: or, there will he reduced Flood hazards within the watershed containi~ <br />the permit area by reduction of the peak Flow discharees Gom precipitation events or thaws; <br />ii The total volume of Flows from the proposed permit area, during every season of <br />the year, will not vary in a way that adversely affects [he ecology of env surface water or any existing or planned <br />use of surface or ground water; and <br />(iii) The appropriate State environmental agencies approve the plan. <br />(e) The applicant has demonstrated that the owner of the surface of the lands within the permit area has <br />knowingly requested, in writino, as part of the application, that a variance be granted. The request shall be made <br />separately from any surface owner consent given for operations under 2.03.6, and shall show an understanding that <br />the variance could not be granted without the surface owner's request. <br />(f) The applicant has demonstrated [ha[ the proposed operations will be conducted in <br />compliance with the requirements of 4.27.4. <br />• (g) All other requirements of the Act, these Rules, and the regulatory program will be met by <br />the proposed operations. <br />(3) Anv permits incorporating a variance issued under 2.06.5 shall be reviewed by the Division to <br />evaluate the progress and development of the mining activities and to establish that the permittee is proceeding in <br />accordance with the terms of the variance, as follows: <br />issuance; <br />(a) Within the six-month period preceding the end of the third year from the date of its <br />(b) Before each permit renewal; and <br />(c) Not later than the middle of each permit term. <br />(4) If the permittee demonstrates to the Division at env of the times specified in 2.06.5(31 that the <br />operations invoh•ed have been and continue to be conducted in compliance with [he terms and conditions of the <br />permit, the requirements of the Act, these Rules, and the regulatory program, the review required at that lime need <br />not be held. <br />(5) "fhe terms and conditions of a permit incomorating a variance under 2.06.5 may he modified at am- <br />time by the Division or Board if it determines that more stringent measures are necessary to insure Ihat the <br />operations im•olved arc conducted in compliance with the requirements of this Act attd these Rules. <br />(6) If a variance is granted under 2.06.5: <br />• (a) The r_c_guiremcnts of 4?7 shall he made a specitic condition of the permit, and <br />Petmit Renewal No.3 2.06-2.1 3/5/99 <br />