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Rule 2.03.7 - Relationship to ,4reas Designated Unsuitable for Mining <br />(1) Each application shall contain a statement of available <br />information on whether the proposed permit area is within an area <br />designated unsuitable for surface coal mining operations under Rule 7 or 30 <br />CFR 764 and 765 or under study for designation in an administrative <br />proceeding under Rule 7 or 30 CFR 764 and 765. <br />RESPONSE: <br />The proposed permit area is not within an area designated unsuitable <br />for surface mining activities as defined in Rule 7 or 30 CFR 764 and <br />765, nor is the proposed permit area under study for designation in an <br />administrative proceeding under Rule 7 or 30 CFR 764 or 765. <br />2) If an applicant claims that the proposed permit area should not <br />be included within an area designated, or under study for designation, as <br />unsuitable for surface coal mining operations because he or she has made a <br />• substantial legal and financial commitment, in relation to the operation <br />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 />RESPONSE: <br />The area covered by the proposed permit is not within an area <br />designated, or under study for designation, as unsuitable for surface <br />coal mining operations: therefore, this subsection is not applicable. <br />(3) If an applicant proposes to conduct surface mining activities or <br />conduct or locate surface operations of facilities within 300 feet measured <br />horizontally of an occupied dwelling, the application shall contain the <br />written waiver of the owner of the dwelling consenting to such operations. <br />The waiver must be knowing]y made and separate from a lease or deed un]ess <br />the lease or deed contains an explicit waiver. <br />• <br />2.03-28 <br />