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• (3) If prior to the date of approval by the Secretary of the Colorado <br />regulatory program, a person has filed with the Division the application <br />for a permit in compliance with the "Colorado Mined Land Reclamation Act" <br />and Section 502 of the "Surface Mining Control and Reclamation Act" of 1977 <br />(P.L. 95-87), as determined by the Division, the Board or Division shall, <br />unless such application is withdrawn, act on such application in accordance <br />with the "Colorado Mined Land Reclamation Pict" and Section 502 of the <br />"Surface Mining Control and Reclamation Act" of 1977 (P.L. 95-87); except <br />that in no event shall such oerson be relieved of the obligation to obtain <br />a permit as required by Section 34-33-109(1) gf the Act, 2.01.3(1) and P.L. <br />95-87. <br />RESPONSE: <br />Since the Twentymile Coal Company is a recently created business <br />entity, no permit applications were filed before the date of approval <br />of the Colorado Regulatory Program. <br />• (4) Except as provided for in 2.01.3(2) and 2.01.3(5), no person <br />conducting, or intending to conduct, surface coal mining and reclamation <br />operations shall be relieved of the obligation to obtain a permit as <br />required by 2.01.3(1) and the "Surface Mining Control and Reclamation Act" <br />of 1977 (P.L. 95-87). <br />unation operation <br />reclamation plan <br />have been aDOr~ed by the Board or Division and the Federal Office of <br />Surface Mining under the permanent Federal regulatory program, prior to the <br />approval of the Colorado regulatory program by the Secretary, shall be <br />considered to have satisfied the permit requirements of this Rule and need <br />not submit another application for a permit or permit revision within the <br />two months following the initial aooroval of the Colorado regulatory <br />rogram, provided, however, that: <br />• <br />2.01-3 <br />