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• plication in accordance with the "Colorado Mined Land Reclamation Act" <br />and Section 502 of the "Surface Mining Control and Reclamation Act of <br />1977 (P.L. 95-87); except that in no event shall such person be relieved <br />of the obligation to obtain a permit as required by Section 34-33-109(1) <br />of the Act, 2.01.3(1), and P.L. 95-87. <br />BESPONSE: <br />CYCC does aot have a pending permit application Eiled before <br />the date of approval of the Colorado Program for Energy Mine No. 3. <br />(4) Except as provided for in 2.01.3(2) and 2.01.3(5), no person <br />conducting, or intending to conduct, surface coal mining and reclamation <br />• operations shall be relieved of the obligation to obtain a permit as re- <br />quired by 2.01.3(1) and the "Surface Mining Control and Reclamation Act" <br />of 1977 (P.L. 95-87). <br />(5) The operator of any surface coal mining and reclamation oper- <br />ation on Federal land, whose permit application and mining and reclama- <br />lion plan have been approved by the Board or Division and the Federal <br />Office of Surface Mining under the permanent Federal regulatory program, <br />prior to the approval of the Colorado regulatory program by the Secre- <br />tary, shall be considered to have satisfied the permit requirements of <br />this Rule and need not submit another application for a permit or permit <br />revision within the two months following the initial approval of the Col- <br />• orado regulatory program, provided however, that: <br />2.01-4 <br />