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(9) Gach pemti[ which authorizes an experimental practice must contain conditions which specifically <br />(a) Limit the experimental practice authorized to that approved by the board and Director. <br />(bl Impose enforceable alternative environmental protection requirements: and <br />(c) Require the person to conduct the periodic monitoring, recording and reporting program se[ <br />forth in the application, with such additional requirements as the Board or the Director may require. <br />(10) Each penult, which authorizes [he use of an experimental urac[ice, shall be reviewed in its entirety <br />a[ least every 2 %: veers by [he Division. After review, the Board shall require by order, supported by written <br />findings, env reasonable revision or modification of the permit urovisions necessary to ensure that the operations <br />involved are conducted to fully protect the environment andpublic health and safety. Any person who is or may be <br />adversely affected by the order shall be provided with an oppotYupih~ for a hearine by the Board pursuant to 2.07. <br />The hearing must he requested within 30 days aker the issuance of the order. <br />RESPONSE <br />Underground mining is intended to be conducted within the proposed permit area, therefore no surface mining or <br />reclamation operation using alternative mining practices on an experimental basis will be conducted. <br />Rule 2.06.3 -Mountaintop Removal Minine <br />(1) Scope. 2.06.3 applies to env person who conducts or intends to conduct surface mining activities <br />by mountaintop removal mining. <br />(2) Mountaintop removal mining means surface minine activities, where the mining operation removes au <br />entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill except as provided for in <br />4.26?(21, by removing substantially all of fire overburden off the bench and creating a level plateau or a gently <br />rolling contour, with no highwalls remaining, which is capable of supporting postmining land uses in accordance <br />with the requirements of 2.06.3. <br />3) The Division may issue a permit for mountaintop removal minine, without regard to the <br />requirements of 4.14.1 - 4.14.5, to restore the lands disturbed by such mining to their approximate original contour, <br />if it first finds, in writing, on the basis of a complete application, that the following requirements are met <br />(a) The proposed poshnining land use of the lands to be affected will be an industrial, <br />commercial, agricultural, residential, or public facility (including recreational facilities) use and, iF: <br />(i) Aker consultation with the appropriate land-use planning agencies, if env, the <br />proposed land use is deemed by the division to constitute an equal or better economic or public use of the affected <br />land compared with premining use: <br />(ii) The applicant demonstrates compliance with the requirements for acceptable <br />alternative posunining land uses in 4.16 <br />(iii) The applicant has presented specific plans for the proposed poshninin~: land use <br />and appropriate assurances That such will he as follows: <br /> <br />Permit Renewal No. 3 ~ 2.06-1.2 4/1/99 <br />