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Section 776.13 Continued. <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 Part <br />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 <br />Species Act of 1973 (16 U.S.C. 1533) or result in the destruction or <br />adverse 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 explora- <br />• tion has been approved by both the regulatory authority and the agency <br />with jurisdiction over such matters. <br />(c) Terms of approval. Each approval issued by the regulatory author- <br />ity shall contain conditions necessary to ensure that the exploration <br />and reclamation will be conducted in compliance with the Act, this Part, <br />30 CFR 815, and the regulatory program. <br />Not applicable as indicated under Section 716.12; Energy Fuels will <br />not remove more than 250 tons of coal during the course of its <br />exploration. <br />Section 776.14 Applications: Notice and hearing for exploration <br />of more than 250 tons. <br />(a) The regulatory authority shall notify the applicant and the appro- <br />priate local government officals, in writing, of its decision to approve <br />• or disapprove the application. If the application is disapproved, the <br />776-8 <br />