2011-06-20_PERMIT FILE - C1982056A (4)

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RESPONSE • TCC with this permit revision application, does not construe this submitted material as vesting in the CMLRD or Colorado Mined Land Reclamation Board the jurisdiction to adjudicate property right disputes. RULE 2.03.7 - RELATIONSHIP TO AREAS DESIGNATED UNSUITABLE FOR MINING (1) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for surface coal mining operations under Rule 7 or 30 CFR 764 and 769 or under study for designation in an administrative proceeding under Rule 7 or 30 CFR 764 and 769. RESPONSE The proposed permit area is not within an area designated unsuitable for surface mining activities as defined in Rule 7 or 30 CFR 764 and 769, nor is the proposed permit area under study for designation in an administrative proceeding under Rule 7 or 30 CFR 764 or 769, EASTERN MINING DISTRICT The proposed Eastern Mining District permit area is not within an area designated unsuitable for mining under Rule 7, nor 30 CFR 764. As noted in the BLM lease application there are lands which fall into the BLM's unsuitability criteria; however, these criteria provide a process to except the proposed area from this designation and Cyprus will utilize this process to secure the lease. Please refer to the Eastern Mining District lease application for further information on this matter. Said application is incorporated herein by reference. EMD (Panels 2 Right through 6 Right) (PR 97-04) • The response submitted for the Eastern Mining District can be applied to the lands contained in Permit Revision 97-04. It can be noted that the BLM issued the lease for the lands referenced above. NMD (Panels 12 Right through 16 Right) (PR 99-05) The response submitted for the Eastern Mining District can be applied to the lands contained in Permit Revision 99-05. It can be noted that the BLM issued the lease for land referenced above. NMD (Panels 17 Right through 21 Right) (PR 03-06) The response submitted for the Eastern Mining District can be applied to the lands contained in Permit Revision 03-06. It can be noted that the BLM issued the lease for land referenced above. (2) If an applicant claims that the proposed permit area should not be included within an area designated, or under study for designation, as unsuitable for surface coal mining operations because lie or she has made a substantial legal and financial commitment, in relation to the operation for which he or she is applying for a permit, prior to January 4, 1977, the application shall contain information supporting such an assertion. RESPONSE The requirements of this section are not applicable due to the negative response to Rule 2.03.7(1) above. (3) If an applicant proposes to conduct surface mining activities or conduct or locate surface • operations of facilities within 300 feet measured horizontally of an occupied dwelling, the application shall contain the written waiver of the owner of the dwelling which states that the owner and signator have the legal right to PR 03-06 2.03-34 03/02/04