Laserfiche WebLink
11 <br />The determination of whether a lease "cannot be operated except at a loan" <br />will be considered on a lease-specific basis. Leases that are included in an <br />approved mine plan for which operations have not commenced and would not <br />commence, ae projected by the approved mining sequence, within flue years of <br />the date of the suspension of operations application are not considered to <br />have negative economic impact on the lease operations. Therefore, a <br />suspension of operations shall not be granted for such leases. <br />A lessee's failure to timely file a mine plan to alloy for processing time, <br />including NEPA documentation, is not sufficient grounds to qualify a lease for <br />a suspension of operations because it does not meet the criteria established <br />above. <br />Further, BLM, NSHA, or OSMRE/SRA enforcement orders for cessation of <br />operations as a result of lessee (or operator) violations are not grounds for <br />a suspension of operations. However, a BL.M, NSHA, or OSNRE/SRA enforcement <br />order for cessation of operations as a result of nonviolation conditions may <br />be grounds for a suspension of operations if the condition which prompted the <br />cessation was not primarily attributable to the lessee's (or the operator's) <br />actions or inactions and if the application otherwise meets the requirements <br />for suspension approval (i.e., the order for cessation of operations <br />contributes to the lease not being operated except at a loss). <br />3. Effects of a <br />ma and Other <br />~ The following actions may be conducted during a suapeneion of operations <br />without causing termination of the suapeneion due to beneficial use: <br />1. The sale or disposal of non-FCLAA coal or solid minerals that were <br />extracted prior to the effective date of the approved <br />suspension of operations; <br />2. Activities xhich are considered "casual use;" and <br />3. Nine-maintenance activities. <br />Although a suspension of operations does not allow the lessee beneficial use <br />of the lease, situations may arise where activities on the suspended lease are <br />necessary to operate adjacent lessen that are not suspended. For such <br />situations, the lessee may apply fora right-of~ray or temporary use permit <br />under the regulations at 43 CFR 2800. However, a right-of-way or temporary <br />use permit does not authorize the holder thereof the right to mine non-FCLAA <br />coal or solid minerals on a lease that ie under a suapeneion of operations. <br />Attachment 1-14 <br /> <br />