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-2- 4. The applicant needs to provide additional compliance information. This information should_ contain a schedule listing any and all Notices of Violations of the Act and any applicable law of the United States or of this State, or of any applicable rule or regulation of any department or agency of the United States, other states, and this State, pertaining to air or water environmental protection received by the applicant in connection with any surface coal mining operations during the three year period prior to the date of the application. With respect to the notices of violation cited in the application by the applicant; the applicant should provide additional information regarding the date, location and type of any administrative or judicial proceedings initiated concerning the violation; including but not limited to proceedings initiated by the applicant to obtain administrative or judicial review of the violations; the current status of the proceedings; the actions, if any, taken by the applicant to abate the violation; and the final resolution of the notices of violation. 5. The applicant needs to provide a listing of all lease numbers and their recorded location or a copy of each lease or for all leases with owners of coal to be mined and surface owners of land to be affected within the permit area. 6. In this instance the private mineral estate to be mined has been severed from the private surface estate in some circumstances. The applicant should provide for these lands a copy of the written consent of the surface owner to extraction of coal by surface mining methods, or a copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods. 7. The applicant proposes to conduct surface coal mining operations within 300 horizontal feet of occupied dwellings. The applicant must submit to the Division, prior to permit issuance, a written waiver of the owner of the dwelling consenting to such operations. This waiver must be knowingly made and separate from a lease or deed, unless the lease or deed contains an explicit waiver. 8. The applicant has submitted proof of insurance which states that bodily injury and property damage liability combined total $500,000.00 for each occurrence and $500,000.00 aggregate. State provisions require that minimum coverage for bodily injury shall be $300,000.00 for each occurrence and $500,000.00 aggregate and minimum insurance coverage for property damage shall be $300,000.00 for each occurrence and $500,000.00 aggregate. The applicant needs to demonstrate to the Division that the provided insurance coverage is acceptable under these conditions, or modify their existing insurance policy. 9. The applicant has provided a list of permits from other agencies and organizations which are required for the operation of the Coal Ridge No. 1 project. A number of these permits have not been applied for or are not currently in force. The applicant should be advised that a number of these permits may be required to be obtained prior to the issuance of the MLR permit. 10. The applicant in the proposed newspaper publication has failed to clearly describe or show the exact location and boundaries of the proposed permit area such that affected parties could request a hearing. The applicant has also failed to include the name of the USGS 7.5 minute quadrangle which contains the area of the proposed permit area.