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1 <br />' Section 2.03.7 Relationship to Areas Designated <br />Unsuitable for Mining. <br />1 <br />(1) A statement of available information on whether the <br />' proposed permit area is within an area designated unsuitable <br />for surface coal mining operations. <br />' <br /> No portion of th e proposed per mit area is within an <br /> area designated as unsuitab le for surface coal mining <br />' operations under Rule 7 or 30 CFR 764 and 765 or is <br /> under study for designation in an administrative <br />' proceeding under Rule 7 or 30 CFR 764 and 765. <br />(2} If an applicant claims that the proposed permit <br />area should not be included within an area designated, <br />or under study for designation, as unsuitable for surface <br />coal mining operations because her or she has made substantial <br />legal and financial commitments, in relation to the operation <br />for which he or she is applying for a permit, prior to <br />January 4, 1977, the application shall contain information <br />supporting such an assertion. <br />Not Applicable. <br />(3) If an applicant proposes to conduct surface mining <br />activities or conduct or locate surface operations or <br />facilities within 300 feet measured horizontally of an <br />' occupied dwelling, the application shall contain the <br />written waiver of the owner of the dwelling consenting <br />' to such operations. <br />Not Applicable. <br />1 <br />1 <br />1 <br />19 <br />