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(b) Information in permit applications which pertains to the quantity of the coal <br />or stripping ratios, or the analysis of the chemical and physical properties of coal to be mined (excepting <br />hmforrnation which [he Division reasonably believes to concern a mineral or elemental content which is potentially <br />toxic in the environment) and information on [he nature and location of archeological resources on public and <br />Indian land (as required under the Archeoloeical Resources Protection Act of 1971, PUB. L. 96-9~. 93 State 721 <br />16 U.S.C. 470) shall be kept confidential and not made a matter of public record; and <br />(c) Information in the reclamation plan portions of the application which is <br />required to be filed with the Division under Section 34-33-1 11(2), C.R.S. and which is not on public file pw'suant to <br />State law, shall be held in confidence by [he Board and tlme Division provided that such information is clearly <br />identified as being confidential or a specific written reouest is received from the applicant. <br />(2) (a) Information required by 2.07.5(11(6) and (c) to be kept confidential by the <br />Division shall be submitted by the applicatt in a binder or folder, which is clearly identified as containing the <br />confidential information. <br />(b) The Division shall. upon receipt of [he confidential information, take <br />apurooria[e measures to assure its confidentiality. <br />(c) Information requested to be held as confidential under 2.07.5(2) shall not be <br />made publicly available until after notice and opportunity to be heard is afforded persons seekine disclosure and <br />those persons opposine. disclosure of information and such information is determined by the Board not to be <br />confidential, proprietary information. lnformatiou for which disclosure is sought shall not be made available to <br />those persons seekine, disclosure prior to or during such opportunity to be heard. Such infonna[ion shall not be <br />made available until a final decision is made by the Board allowine such disclosure. <br />RESPONSE <br />Twentymile Coal Company (TCC) will file a copy of this complete permit application, less confidential <br />information, with the Routt County Recorder by the first date of newspaper advertisement of the application. The <br />public can inspect the copy at the following address: <br />Office of Clerk and Recorder <br />Routt County <br />P.O. Box 773598 <br />Steamboat Springs, Colorado 80477-3598 <br />Rule 2.07.6 Criteria for Review of Permit Applications and for Permit Approval or Denial <br />{ I) Review of permit applications. <br />(a) (i) The Division shall review the complete application and written <br />conference held under 2.07. comments, written objections submitted, and records of any informal <br />(ii) The Division shall determine the adequacy of the fish and wildlife <br />Ian submitted pursuant to 2.05.6(2), in consu_Itation with State and Federal fish and wildlife manaeement and <br />conversation agencies having responsibilities for the manartement attd protection of fish and wildlife or their <br />habitats which may be affected or impacted by the proposed surface coal mininK and reclamation operations. <br />(b) Based on available information concctning Federal and State <br />failure-to-abate cessanon orders, unabated Federal and State unminent Kann cessation orders, delinquent civil <br />penalties issued pursuant to Section 518 of the Surface Mining Control and Reclamation :1ct, (30 IJ.S.C.1201 et. <br />seq.), including delinquent civil penalties assessed under any State regula[on' programs approved pursuant to <br />Permit Renewal No.3 2.07-7 4/1/99 <br />