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<br />• <br /> <br />1431:1056 <br />MINING <br />§3481) Confldeatiallty. <br />(a) Information an file with MMS <br />obtained pursuant to the rules of this <br />Pert or 43 CFR 3400 shall be open for <br />public inspection and copying during <br />regular office hours upon a written <br />request. pursuant to rules at 43 CFR Pert <br />2. except that: <br />('l) lnfotmation such as geologic and <br />geophysical data end maps pertaining to <br />Federal recoverable coal reserves <br />obtained from exploration licensees <br />under the rules of this Part or 43 CFR <br />3410 shell not be disclosed except as <br />provided in 43 CF'R 2.20(c). <br />(2) Information obtained From an <br />operator/lessee under the rules of this <br />Part that constitutes trade secrets and <br />commercial or financial information <br />which is privileged ar confidential or <br />other information that may be withheld <br />under the Freedom of Information Act (5 <br />U.S.C. 552(b)), such as geologic and <br />geophysical data and mope, shell not be <br />available for public inspection or made <br />public ar disclosed without the consent <br />of the operator/lessee. <br />(3) Upon lerminadan of a Federal <br />lease, such geologic and geophysical <br />date and maps shall be made available <br />to the public. <br />141 Upon issuance or readjustment of a <br />Federal lease, the estimated Federal re- <br />coverable coal reserves figure shall not be <br />made available to the public unless such a <br />release has been included as a Federal <br />lease term. <br />[211.6(a)(4) (3a8I.J(a)(4)) corrected by <br />a7 FR 53365, November 2fi, 1982) <br />(b) Information requested by the <br />operator/lessee to be kept co~dential <br />under this section shall be clearly <br />marked "CONFIDENTIAL <br />INFORMATION." All pages sc marked <br />shall be physically separated from other <br />portions of the submitted materials. All <br />information not marked <br />"CONFDENTIAL INFORMATION" will <br />be available for public inspection. <br />except as stated at §3481.J(a) of [his title <br />for data submitted prior to August 30, <br />1982. <br />Subtart 3482-Expbndon std Resoure~ <br />Recovery std Protection atu. <br />~~ <br />§34821Expbntion and rewurce recorery <br />proteedoo plain. <br />(e) Exploration plans. For background <br />and application procedures for <br />exploratiorilicenaesfar unleeaed <br />Federal coal, see 43 CFR 3410. For <br />background and application procedures <br />for exploration for Federal coal within <br />en approved permit area after mining <br />operations have commenced. see 30 CFR <br />Chapter VB. For any other ezplaradan <br />for Federal coal prior to commencement <br />of mining operations. the following rules <br />apply: <br />(7) Except for casual use. before <br />conducting any ezploraton operations <br />on federally leased ar licensed lands, <br />the operator/lessee shell submit an <br />exploration plan to and obtain approval <br />from the authorized officer. Casual use, as <br />used in this paragraph, means activities <br />which do not cause appreciable surface <br />d'uturbance or damage to lands or other <br />resources and improvements. Casual use <br />dos not include use of heavy equipment <br />or explosives or vehicular movement off <br />established roads and trails. <br />(2) The operator/lessee shell submit <br />five copies of exploration plans to the au- <br />thorized officer. Exploration plans shall be <br />consistent with and responsive to the re- <br />quirements of the Federal leax or license <br />for the protection of recoverable coal re- <br />serves and other «sourm and for the <br />reclamation of the surface of the lands <br />affected by the operations. The explora- <br />tion plan shall show that reclamation is an <br />integral part of the proposed operations <br />and that reclamation will progress as con- <br />temporaneously as practicable with such <br />operations. <br />(3) Exploration plans shall contain all <br />of the following: <br />(i) The name, address. and telephone <br />number of the applicant, and. if <br />applicable. the operator/lessee of <br />record. <br />(ii) The name. address, and telephone <br />number of the representative of the <br />applicant who will be present during <br />and be responsible for conducting the <br />explonlion. <br />(iii) A narrative description of the <br />proposed exploration area, crass- <br />Enrtronmant neDOrter <br />referenced to [he map required under <br />§3482.1(a)(viii) of this title, including ap- <br />plicable Federal lease and license serial <br />numbers: surface topography; geologic, <br />surface water, and other physical fea[ures; <br />vegeta[ive cover; endangered or threat- <br />ened species listed pursuan[ [o [he Endan- <br />gered Species Act of 1973 (16 U.S.C. <br />1531, et seq.); districu, sites. buildings, <br />structures, or abjecu listed on or eligible <br />for listing on, the National Register of <br />Historic Places; and known cultural or <br />archeologinl resources located within the <br />proposed exploration area. <br />(iv) A narrative description of the <br />methods to be used to conduct coal <br />exploredon, reclamation. and <br />abandonment of operations including, <br />but not limited ta- <br />(A) The types, sizes, numbers. <br />capacity, and uses o[ equipment for <br />drilling end blestlng, and road or other <br />access route construction: <br />(B) Excavated earth- or debris- <br />disposal activities: <br />(C) The proposed method Eor plugging <br />drill holes: <br />(D) Faumeted size and depth of drill <br />holes, trenches, and test pits: and <br />(E) Plans for transfer and modification <br />of exploration doll holes to be used as <br />surveillance, monitoring. or water wells. <br />(v) An eattmntea timetable for <br />conducdng and completing each phase <br />of the explaredan, drilling, and <br />reclamation. <br />(vi) The estimated amounts of coal to <br />be removed dttring exploration, a <br />destafption of the method to be used to <br />determine those amounts. and the <br />proposed use of the coal removed. <br />(vii) A description of the measures to <br />be used during exploration for Federal <br />coal to comply with the performance <br />standards for exploration §3a8a.1(a) of <br />this title and applicable requirenienu of <br />JO CFR 815.15 or an approved State <br />program. <br />(viii) A map at a scale of 1:24.000 or <br />larger showing the areas of land to be <br />affected by the proposed exploration <br />and reclamation. The map shall show <br />existing roads. occupied dwellings. and <br />pipelines: proposed location of trenches. <br />(SK 34a11(r.l(s)(riii)1 <br />70 <br />~~ <br />s <br />