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RESPONSE: <br />A copy of the Proposed Notice for the transfer of the rights granted <br />under previously approved Permit No. 76-16 for the Fish Creek Tipple <br />and connecting haulroad to Twentymile Coal Company is provided in <br />Exhibit 3, Newspaper Advertisement. <br />S4) The Division may, upon the basis of the applicant's compliance <br />with the requirements of 2.08.6(2) and 2.08.6(3); grant written approval <br />for the transfer, sale, or assignment or rights under a permit, if it first <br />finds, in writing, that: <br />(a) The person seeking approval will conduct the operations <br />covered by the permit in accordance with the requirements of the Act and <br />these Rules; <br />(b) The applicant has submitted a performance bond at least <br />equivalent to the bond of the original permittee; and <br />• (c) The applicant will continue to conduct the operations <br />involved in full compliance with the terms and conditions of the original <br />erP mit. <br />S5) Any successor in interest seeking to change the conditions of <br />mining or reclamation operations, or any of the terms or conditions of the <br />original permit shall: <br />(a) Make application for a new permit, if the change involves <br />conducting operations outside the original permit area; or <br />(b) Make application for a revised permit, if the change does <br />not involve conducting operations outside the original permit area. <br />• <br />2.08-4 <br />