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Rule 2.03.5(2)(e) The current status of these proceedings. The current status needs to be inserted into the PAP. Rule 2.03.5(3) See the Rules for the text of this rule. The application is in compliance with this rule. A list is provided at Appendix 3-6 of the PAP. The PAP indicates that there are none over the past three years. The Division validated this entry by review of records at the Division. Rule 2.03.6(1) Each application shall contain a complete and detailed legal description of the proposed permit boundary, a description of the documents upon which the applicant bases his or her legal right to enter and begin surface coal mining operations in the permit area, and a statement as to whether that right is the subject of pending litigation. The description shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant. So much of this rule that applies to a legal description of the permit area was reviewed. An approximate legal description is provided at page 3-1.1 of Appendix 3-1 and is illustrated on Drawing 12-1 (referenced as Exhibit 12-1 in Appendix 3-I). The two do not match for one segment of the traverse. Rights of entry are included. See page 7 Tab 3. In addition, the water supply line boundary is not described. Rule 2.03.6(2) YVhere the private mineral estate to be mined has been severed from the private surface estate (in circumstances involving the surface mining of coal or where underground mining activities concurrently involve the surface mining of coal) the application shall also provide, for lands to be affected within the permit area.• The application is in compliance with this rule by exception. There is no coal extraction in this permit. Rule 2.03.7 Relationship to Areas Designated Unsuitable for Mining. Rule 2.03.7(1) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for surface coal mining operations under Rule 7 of these Rules or 30 CFR 764 and 769 or under study for designation in an administrative proceeding under Rule 7 or 30 CFR 764 and 769. The application is in compliance with this rule. See page 8 Tab 3. Rule 2.03.7(2) If an applicant claims that the proposed permit area should not be included within an area designated, or under study for designation, as unsuitable for surface coal mining Page 9 of 38 pages, November 8, 2005