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Appendix 2.03.6-1. Please include a description of these documents within the permit text, <br />as required by 2.03.6(1), and renumber the attachment with the leases to be Att. 2.03.6-2. <br />Response - The right of entry documents have been reorganized and designated as <br />Appendix 2.03.6-1(a) through 2.03.6-1(e). <br />3. Rule 2.03.6(2) addresses the situation where the mineral estate has been severed from the <br />surface estate. Please add a narrative to this section of the permit addressing the subject of <br />severance of mineral estate(s) for the Garvey property (and any others) and directing the <br />reader to corresponding document(s) in the Attachment. <br />Response -A narrative is added in the text as Subsection 2.03.6-2. <br />2.03.7 - Relationship to Areas Designated Unsuitable for Mining <br />The application includes a statement under 2.03.7(2) regarding the contractual obligation to <br />provide coal to the Nucla Generating Station. The purpose of this rule is only to address <br />those legal and financial commitments that existed prior to January 4, 1977, specifically as <br />they pertain to areas designated, or under study for designation, as being unsuitable for <br />mining. Please remove 2.03.7(2) from the application. <br />Response - The statement in 2.03.7(2) has been removed. <br />2. Subsection 2.03.7(3) addresses surface mining activities proposed within 300 feet of an <br />occupied dwelling, and the requirement that a written waiver be obtained from the owner of <br />the dwelling. Rather than "N/A", please provide a statement here as to whether surface <br />mining activities are proposed to occur within 300 feet of an occupied dwelling and, if so, <br />whether a waiver has been obtained. <br />Response - No mining will occur within 300 feet of an occupied dwelling. A statement has <br />been added in 2.03.7(3). <br />2.03.8 - Permit Term Information <br />1. Information presented in this section of the permit is contradictory to that presented <br />elsewhere in the application regarding the proposed commencement and completion of <br />mining activities at NHN. Please revise the text of section 2.03.8 to be consistent with the <br />schedule and acreage described elsewhere in the permit application. <br />Response - The permit term information in 2.03.8 has been revised. <br />2.03.9 - Personal Injury and Property Damage Insurance Information <br />1. The insurance certificate, in Attachment 2.03.9-1, has not yet been provided. An insurance <br />certificate meeting the requirements of Section 2.03.9 must be submitted to the Division prior <br />to issuance of the permit. <br />Response to First Adequacy Review Page 6