GENERAL47354

• Permit No: C1981044
• IBM Index Class Name: General Documents
• Doc Date: 7/24/1987
• Doc Name: SUSPENSION OF OPERATIONS & PRODUCTION US COAL LEASE D-056298
• From: CYPRUS EMPIRE CORP
• To: BLM
• Permit Index Doc Type: Other Permits
• Media Type: D
• Archive: No

4
Normal mining activities Chat have approval are not included in the definition
of 'damage" to natural resources under Section 39 of MLA. Shutdowns resulting
from seasonal conditions or mine-maintenance programs do not damage coal or
solid minerals and thus are also ezcluded from the definition. Failure to
eztraet recoverable reserves due to the lack of a sales contract or other
marketing arrangement, in itself, does not constitute damage to coal or solid
minerals that would qualify a lease for a suspension of operations and
production. See the discussion on suspension of operations in Section I.B.
a. Leaee/LMU Suspension Criteria. An application fora suspension of
operations and production for a coal or solid mineral lease, or for a logical
mining unit (LMU) that La comprised of at Least oae Federal coal lease, must
be filed by the lessee/operator in accordance with 43 CFR 3483.3 or 43 CFR
3503.3. Three conditions must be met before a lessee/operator can be granted
a suspension of operations and production under the above-referenced
regulations:
° the lessee/operator must submit a written justification to the
authorized officer that the suspension of operations and production is
in the interest of conservation of the mineral in accordance with
Section 39 of MId (30 O.S.C. 209);
' Tne lessee of a coal or solid mineral lease, or LM1, included in an
application for a suspension of operations and production must have
received authorization to mine and onaite mine development moat have
commenced for the mine in order for the application to conform to the
'suspension of operations and production' requirements of MLA and the
regulations; and
' The lease rental and royalty account must be in good standing with MMS.
Special ?imitations: A suspension of operations and production granted for an
LMU will be deemed a suspension of operations and production for all lands
(Pederal and non-Pederal) contained is the approved LMO. The circumstances
associated with the request moat justify a suspension of operations and
production for the entire LMO. Any approval granted must be conditioned upon
a cessation of all operations and production (Federal and non-Federal)
contained within the entire Lti[J.
The determination of whether a auapenaion of operations and production is "in
the interest of conservation" will be considered on a lease- or LMIJ-specific
basis. Once a suspension of operations and production becomes effective, all
terms and conditions of the lease/LMO, ezcluding the regulatory 10-year
diligent development period are suspended. A auapenaion of operations and
production denies the lessee/operator any beneficial use of the lease/LMO.
A delay in mining the reserves on a lease/LMU due to the mining sequence of
the operation Se not grounds for a auepension of operations and production.
Additionally, enforcement orders for cessation of operations Sssued by the
BLM, fiine Safety and Health Administration (MSHA), Office of Surface Mining
Reclamation and Enforcement (OSMRE), or State Regulatory Authority (SR.A) to
( the lessee/operator for violations are not grounds for a suspension of
~ operations and production.
Attachment 1-7