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Section 776.12 (b) Continued. <br />C~ <br />(3) Any person with an interest which is or may be adversely affected <br />shall have the right to file written comments on the application within <br />reasonable time limits. <br />Kerr Coal does not plan any coal exploration in which more than 250 <br />tons of coal will be removed. Specifically, Kerr Coal's coal <br />exploration plans call for the removal of less than 250 tons of <br />coal. <br />Section 776.13 Application: Approval or disapproval of exploration <br />of more than 250 tons. <br />(a) The regulatory authority shall act upon a completed application for <br />approval within a reasonable period of time. <br />• (b) The regulatory authority shall approve a complete application filed <br />in accordance with this Part, if it finds, in writing, that the appli- <br />cant has demonstrated that the exploration and reclamation described in <br />the application -- <br />(1) Will be conducted in accordance with the Act, 30 CFR 815, this <br />Part, and the regulatory program; <br />(2) Will not jeopardize the continued existence of an endangered or <br />threatened species listed pursuant to Section 4 of the Endangered Spe- <br />cies Act of 1973 (16 u.s.c. 1533) or result Sn the destruction or ad- <br />verse modification of critical habitat of those species; and <br />(3) Will not adversely affect any cultural resources or districts, <br />sites, buildings, structures, or objects listed or eligible for listing <br />on the National Register of Historic Places, unless the proposed explo- <br />. ration has been approved by both the regulatory authority and the agency <br />with jurisdiction over such matters. <br />776-8 <br />