(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, unless the Department specifically authorizes surface mining activities closer to, or through, such a stream. The Department may authorize such activities only upon finding that:

1. (1) Surface mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and
2. (2) If there will be a temporary or permanent stream-channel diversion, it will comply with Section 460:20-43-10.