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operations because he or she has made substantial legal and financial commitments, in relation <br />to the operation for which he or she is applying for a permit, prior to January 4, 1977, the <br />application shall contain information supporting such an assertion. <br />The application is, by exception, in compliance with this rule. No claim is made. <br />Rule 2.03.7(3) If an applicant proposes to conduct surface mining activities or conduct or locate <br />surface operations or facilities within 300 feet measured horizontally of an occupied dwelling, <br />the application shall contain the written waiver of the owner of the dwelling which states that the <br />owner and signator had the legal right to deny mining and knowingly waived that right. The <br />waiver must be knowingly made and separate from a lease or deed unless the lease or deed <br />contains an explicit waiver. <br />The application is in compliance with this rule. See PAP page 9 Tab 3. <br />Rule 2.03.8 Permit Term Information. <br />Rule 2.03.8(1) Each application for surface mining activities shall state the anticipated or actual <br />starting and termination date of each phase of the surface mining activities and the anticipated <br />number of acres of land to be affected for each phase of mining and over the total life of the <br />permit. <br />The application is in compliance with this rule. 176.3 acres re to be affected (see page 5 Tab 17). <br />Rule 2.03.8(3) If the applicant proposes to conduct the surface or underground mining activities <br />in excess of 5 years, the application shall contain the information needed for the showing <br />required under 2.01.5. <br />Surface activities are expected to extend for over 5 years. However, the permit term is for 5 <br />years, with renewals. Thus compliance with the provisions of Rule 2.01.5 is by exception. <br />Rule 2.03.9 Personal Injury and Property Damage Insurance Information. <br />Rule 2.03.9(2) The policy shall be maintained in full force during the life of the permit and any <br />renewal thereof, including completion of all reclamation operations under Rule 4. <br />The application is in compliance with this rule. A current certificate of insurance, with a <br />corrected cancellation notice, for 2005 was received at the Division on November 7, 2005 by e- <br />mail. It is renewed as of October 1 each year. <br />Rule 2.03.101dentification of Other Licenses and Permits. <br />Page 10 of 38 pages, November 8, 2005 <br />