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• <br />RESPONSE: <br />The Fish Creek Tipple/loadout and the adjoining haulroad are existing; <br />consequently, the requirements of Rule 2.01.4 are not applicable to <br />this application. <br />Rule 2.01.5 Permit Term <br />(1) All permits issued pursuant to the requirements of the Act and <br />these Rules shall be issued for a term not to exceed five years. The term <br />shall commence upon the acceptance of the performance bond by the Division. <br />The Board or Division may grant a permit for a longer term if the applicant <br />demonstrates that: <br />(a) A specified longer term is reasonably needed to allow the <br />• <br />applicant to obtain necessary financing for equipment and the opening of <br />the operation; and this need is confirmed in writing by the applicant's <br />source for the financing, and <br />(b) The application is full and complete for the specified <br />longer term. <br />(2) (a) A permit shall terminate if the permittee has not commenced <br />the surface coal mining and reclamation operations covered by the permit <br />within three years of the date of the issuance of the permit. <br />(b) The Division or Board may grant reasonable extensions of <br />time for commencement of these operations, upon receipt of a written <br />statement showing that such extensions of time are necessary, if: <br />(i) Litigation precludes commencement or threatens <br />• <br />substantial economic loss to the permittee, or <br />(ii) There are conditions beyond the control of and without <br />the fault or negligence of the permittee. <br />2.01-5 <br />