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• 4.23. <br />(3) No permit shall be issued for any operations covered by 2.06.9 <br />unless the Division or Board finds, in writing, that in addition to meet- <br />ing all other applicable requirements of these Rules, the operation <br />will be conducted in compliance with 4.23. <br />RHSPONSE: <br />CYCC does aot intend to conduct aay angering operations at En- <br />ergy Miae No. 3. For this reason, Rulea 2.06.9 and 4.23 are not <br />applicable to this permit application. <br />• <br />Rule 2.06.10 - Coal Processing Plants and Support Facilities Not Located <br />Within the Permit Area <br />(1) Scope. 2.06.10 applies to any person who conducts or intends <br />to conduct surface coal mining and reclamtion operations utilizing coal <br />processing plants or support facilities as described in 4.04 not within a <br />permit area of a specific mine. Any person who operates such a <br />processing plant or support facility shall have obtained a permit from <br />the Division or Board under the regulatory program in accordance with the <br />requirements of 2.06.10. <br />• (2) Any application for a permit for operations covered by 2.06.10 <br />2,06-47 <br />