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• 34-33-101, C.R.S. 1973) and the Rules and Regulations promulgated there- <br /> with and operating in compliance with Section 502 of the Surface Mining <br />Control and Reclamation Act of 1977 (P.L. 95-87), as determined by the <br />Division, may conduct these operations beyond the period prescribed in <br />C1) above if: <br />(a) a complete application for a permit has been filed with <br />the Division in accordance with the applicable provisions of Rules 2 and <br />4; and <br />(b) the Division has not yet rendered an initial decision with <br />respect to such application. <br />BESPONSE: <br />u <br />Onder the authority of the permit sought by this application, CYCC <br />intends to conduct surface coal mining and reclamation operations at <br />Energy Mine No. 3. Ontil the Division approvea this application, re- <br />clamation operations will be conducted as proposed herein under the <br />authority of the eaisting Permit 76-16, in accordance with Rule <br />2.01.3(2). <br />(3) If prior to the date of approval by the Secretary of the Color- <br />ado regulatory program, a person has filed with the Division an appli- <br />cation for a permit in compliance with the "Colorado Mined Land Recla- <br />mation Act" and Section 502 of the "Surface Mining Control and Reclama- <br />• tion Act" of 1977 (P .L. 95-87), as determined by the Division, the Board <br />or Division shall, unless such application is withdrawn, act on such ap- <br />2.01-3 <br />