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(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 meeting <br />all other applicable requirements of these Rules, the operation <br />will be conducted in compliance with 4.23. <br />RESPONSE: <br />CYCC does not intend to conduct any angering operations at the Fish <br />Creek Tipple. For this reason, Rules 2.06.9 and 4.23 are not <br />applicable to this permit application. <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 anv person who conducts or intends to <br />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 processing <br />plant or support facility shall have obtained a permit from the Division or <br />Board under the regulatory program in accordance with the requirements of <br />2.06.10. <br />2) Anv application for a permit for operations covered by 2.06.10 <br />shall contain in the mining and reclamation plan, specific plans, including <br />descriptions, maps, prepared to the standards of 2.10, and cross-sections <br />of the construction, operation, maintenance, and removal of the processing <br />plants and assoicated support facilites. The plan shall demonstrate that <br />those operations will be conducted in compliance with 4.28. <br />(3) No permit shall be issued for any operation covered by 2.06.10, <br />unless the Division or Board finds, in writing, that, in addition to <br />meeting all other applicable requirements of these Rules, the operations <br />will be conducted in compliance with the requirements of 4.28. <br />• <br />2.06-38 <br />