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RULE 2.01.5 - PERMIT TERM <br />(1) All permits issued pursuant to the requirements of the Act and these Rules shall be issued for a <br />term not to exceed five years. The term shall commence upon the acceptance of the performance bond by the <br />Division. The Board or Division may grant a permit for a longer term if the applicant demonstrates that: <br />(a) A specified longer term is reasonably needed to allow the applicant to obtain necessary <br />financing for equipment and the opening of the operation; and this need is confirmed in writing by the applicant's <br />source for the financing and <br />(b) The application is full and complete for the specified longer term. <br />(2) (a) A permit shall terminate if the permittee has not commenced the surface coal mining and <br />reclamation operations covered by the permit within three years of the date of the issuance of the permit. <br />(b) The Division or Board may grant reasonable extensions of time for commencement of <br />these operations, upon receipt of a written statement showing that such extensions of time are necessary, if: <br />(i) <br />Litigation precludes commencement or threatens substantial economic loss to the <br />permittee, or <br />(ii) There are conditions beyond the control of and without the fault or negligence of <br />the penmittee. <br />(c) With respect to coal to be mined for use in a synthetic fuel facility or specified maior <br />electric generating facility, the permittee shall be deemed to have commenced surface coal mining operations at <br />the time that the construction of the synthetic fuel or generating facility is initiated. <br />(d) In the case of a coal lease issued under the "Federal Mineral Lands Leasing Act, as <br />amended," extensions of time may not extend beyond the period allowed for diligent development in accordance <br />with Section 7 of that Act. <br />(e) Extensions of time granted by the Division or Board under 2.01.5(2)(b) shall be <br />specifically set forth in the permit and notice of the extension shall be made to the public. <br />RESPONSE <br />TCC requested an initial permit term of 5 years from the date of acceptance of the performance bond by <br />the CMLRD. TCC plans to apply for and obtain permit renewal every five years for the life of the mining <br />operations. <br />RULE 2.01.6 - PERMIT FEES <br />(1) Each application for a surface coal mining and reclamation permit pursuant to these Rules shall be <br />accompanied by a fee of twentv -five dollars, plus ten dollars for each acre of affected land. <br />(2) The permit fee shall not exceed two thousand five hundred dollars and shall not exceed the actual <br />or anticipated cost of reviewing, administering, and enforcing such permit issued pursuant to these rules. <br />(3) The cost of the fee may be paid over the term of the permit. The incremental permit fee payment <br />shall not be less than twenty percent of the total permit fee. <br />APPROVED APR 2 0 1998 <br />PR 97 -04 2.01 -3 02/02/98 <br />