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TR-33 <br />October 30, 2000, for Completeness <br />December 19 for Compliance and Proposed Decision <br />February 16, 2001, Revised <br />March 2001, Closure <br />Page 3 of 11 <br />Rule 1.04(89) "Penttit area" mear:s the urea of [and indicated ors the approved rrtnp submitted by <br />the operator with {:is/her application, which area of land shall be covered by the operator's bond <br />as required by the Act and these Rttles. The pennit boundary, which shall circtattscribe the <br />permit area, shall be identified through a complete artd detailed legal description as required by <br />Rule 2.03.6. Permit area includes all areas of land which are or will be affected by surface coal <br />mining and reclamation operatiats during the terns of the permit. <br />The application is in compliance with this rule. A detailed legal description of the boundary was <br />provided on the 1/2001 revision of the Permit Area Map and revised Exhibits A and C. The <br />description was first found inadequate as submitted. The applicant was asked (by Division letter <br />of November 20, 2000) to revise the description to include those lands disturbed by the <br />construction of the access road (right-of-way boundaries). The applicant responded under a letter <br />of December 5, 2000 with a revised Appendix A. The applicant was again asked to modify the <br />submission to indicate permit boundaries on the map. In the response, the vegetation sampling <br />area was included in the permit area, and revised descriptions were provided. <br />*Rule 1.04(136) "Technical revision" ntenns a minor change, including incidental permit <br />boundary revisions, to the teens or requirements of n permit issued under these Rteles, which <br />change shall riot cause a significant alteration in dte operator's reclamation plan. The tens <br />includes, but is not /invited to, increases in coal production, reduction or ternination of approved <br />environmental monitoring programs, or design changes for regulated structures ar facilities. <br />The application is incompliance with this rule. The request is for an incidental boundary change. <br />There is no change in the operator's reclamation plan. There is no mine or mine-related <br />disturbance in the azea being released from the Permit. There is no reduction or termination of <br />approved environmental monitoring programs, or design changes for regulated structures or <br />facilities. <br />Rule 2.03.6(1) Each application shall contain a complete and detailed legal description of the <br />proposed pennit boundary, n description of t{te doctemertts upon which the applicant bases his or <br />her legal right to enter and begin surface coal mining operations in the perntit area, and a <br />statement as to whether that right is the subject of pending litigation. The description shall <br />identify those documents by type and date of execution, identify the specific lends to which the <br />document pertains, attd explain the legal rights c(ainred by the applicant. <br />The application, as amended, is in compliance with this rule. See Rule 1.04(89) above. The <br />revised area is a reduction from the previously approved permit area, thus no additional rights <br />