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{a) Complete auplications for renewals of a permit sh111 be filed with the <br />Division at least 180 davs before the expiration of the existing pemtit. The Division shall mail to the operator <br />notice of the need to renew such permit at least 90 davs prior to the final date for the filing of the permit rcnewll <br />(b) Renewal applications shall include at a minimum the following' <br />(i) A statement of the name and address of the perntittee the term of the <br />requested renewal, the pemtit number, and a description of anv changes to the matters set forth in the original <br />application for a permit or prior penni[ renewal; <br />(ii) A copy of the newspaper notice to be placed in a local newspaper in <br />accordance with the requirements of 2.07.3(2). Proof of publication of the advertisement shall he tiled with the <br />Division and made a p11't of the complete application no[ later than 4 weeks after the last date of publication; atul <br />(iii) Cvidence that a liability insurance policy or adequate self-insurance <br />under 2.03.9 will be provided by the applicant for the proposed period of renewal. <br />{c) Complete applications for renewal shall be subject to the requirements of <br />public notification and participation contained in 2.07.3. <br />{3) Permit renewals: approval or denial terms. <br />(a) The Division shall upon the basis of a complete application for renewal and <br />completion of all public notice and hearing requirements under 2.07, issue renewal of a permit, unless it is <br />established by a preponderance of the evidence and written findings by the Board that <br />• (i) The teens and conditions of the existing permit are not being <br />satisfactorily met. Renewal may be granted to the holder of the penni[ on the condition that the holder <br />demonstrates [hat he is meeting, and will continue to meet, a schedule agreed to by dte holder and [he Division for <br />correcting anv pemtit violation, consistent with Rule 5; <br />(ii) The present surface coal mining and reclamation operation is not in <br />compliance with [he Act and these Rules; <br />(iii) The renewal requested substantially jeopardizes the pennittee's <br />continuing responsibility on existin~permi[ areas; <br />(iv) The operator has not provided evidence that the performance bond in <br />effect for said operation will continue in full force and effect for am~ renewal requested in such application as well <br />as anv additional bond the Board or Division might require pursuant to Rule 3; or <br />Division has not been provided. <br />(v) Any additional revised or undated information required by the <br />(b) Prior to approval of the application for renewal of a permit, the Division <br />shall provide notice to the Ollice of Surface Mining, to the surface and mineral owners of record of the affected <br />land, and to the board of county commissioners of the county in which the affected land is located. <br />(c) In determining whether to approve or deny a renewal, the burden shall be <br />• on the opponent of the renewal. <br />Permit Renewal No.3 2.08-5 3/5/99 <br />