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The permit area is within 300 feet of two occupied dwellings: Lombardi <br />residence and the old Gabossi residence. The Edna Mine disturbance near <br />the Lombardi residence is limited to an access road and the tipple <br />sedimentation ponds. These disturbances are subject to "valid existing <br />rights" (Rule 1.04(149)) due to their existence prior to August 3, 1977. <br />The location of the Lombardi dwelling, the road and the tipple are <br />presented on Exhibit 4.6-21 and Exhibit 3.2-1 (Sheet 2 of 2). <br />The old Carlo Gabossi residence is depicted as on Exhibit 3.7-1 and <br />Exhibit 3.2-1 (Sheet 2 of 2). This residence is owned by Chevron USA, <br />Inc., which is the parent company to P&M Coal Mining Co. Due to the <br />valid existing rights and to the ownership by Chevron USA, Inc., a <br />written waiver, pursuant to Rule 2.07 .6 (2 )(d )(V ), is not required for the <br />Lombardi and Gabossi residences, respectively. Therefore a waiver was <br />granted for conduct of mining activities within 300 feet if these two <br />residences. <br />-8- <br />