SECTION 460:10-17-10. Criteria for permit approval or denial

  No permit or revision application shall be approved, unless the application affirmatively demonstrates and the Department finds, on the basis of information set forth in the application or from information otherwise available, which is documented in the approval and made available to the applicant, that-

(1)   The permit application is accurate and complete and in compliance with all requirements of 45 O.S. (1981), Section 721 et. seq., and this Chapter.

(2)   The applicant has demonstrated that non-coal surface mining and reclamation operations, as required by 45 O.S. (1981), Section 721 et seq., and this Chapter can be feasibly accomplished under the mining and reclamation operations plan contained in the application.

(3)   The applicant or the operator, if other than the applicant, does not control and has not controlled mining operations with a demonstrated pattern of willful violations of this Chapter of such nature, durations, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of this Chapter.

(4)   The applicant will submit the performance bond or other equivalent guarantee required under these regulations, prior to the issuance of the permit.