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RESPONSE <br />• The Ashley Agreements demonstrating compliance with this Rule can be found in Exhibit 7d-2, Ashley <br />Agreements, in Confidential Volume VI. <br />2.07.7 Conditions o(Permits. <br />Gach permit issued_bv the tivision or Board shall ensure and contain specific conditions requiring that the <br />(11 The uennittce shall take all possible steps to minimize anv adverse impact to the <br />environment or public health and safety resulting from noncompliance with anv term or condition of the permit <br />including, but not limited to: <br />(~ Any accelerated or additional monitoring necessary to determine the nantre <br />and extent of noncompliance and the results of the noncompliance; <br />(b) Immediate implementation of measures necessary to comply; and <br />(c) Warning as soon as possible after learning of such noncompliance, anv <br />person whose health and safety is in imminent danger due to the noncompliance. <br />(2) The permittee shall dispose of solids. sludge, filter backwash, or pollutants <br />removed in the course of treatment or control of waters or emissions to the air in the manner required by Rule 4 and <br />which prevents violation of any other applicable State or Federal law. <br />(3) The permittee shall conduct its operations: <br />(a) In accordance with any measures specified in the permit as necessary to prevent <br />significant environmental harm to the health or safety of the public; and, <br />(b) Utilizing anv methods specified in the permit by the Division in approving <br />alternative methods of compliance with the Ac[ and in accordance with the provisions of 2.07.G(2)(m) and Rule 4. <br />(4) The operator shall pay all reclamation fees required by 30 CFR, Chapter VII, <br />Subchapter R(1989), for coal uroduced under the permit for sale, transfer or use, in the manner required by that <br />Subchapter. <br />5) Within thirty days after a cessation order is issued under 5.03.211), for operations <br />conducted under the uennit, except where a stay of the cessation order is granted and remains in elfect, the <br />~rmittee shall either submit to the Division the following information. current to the date the cessation order was <br />issued, or notify the Division in writing [hat there has been no change since the inunediatch preceding submittal of <br />such infomtation <br />(a) Anv new information needed w correct or update the information <br />previously submitted to the Division by the pemtittee under 2.03.4(3): or <br />auplicant by 2.03.4(3). <br />(h1 If not previously submitted. the intinrnation required fiom a permit <br />I6) The permittee shall conduct surface coal minine and rcclontation operations only <br />on those lands that arc specifically designated as the hermit area on the maps and in the Ic~~al description submitted <br />with the application. Areas disturbed and aflecled by surface coal minine and reclamatiiai operations shall he <br />Permit Renewal No.3 2.07-12 4/1/99 <br />