9.38—Temporary approval.
(1)
Access on, across or through federally-owned or controlled lands or waters for the purpose of collecting basic information necessary to enable timely compliance with these regulations. Such temporary approval shall be for a period not in excess of sixty (60) days.
(2)
The continuance of existing operations, if their suspension would result in an unreasonable economic burden or injury to the operator; provided that such operations must be conducted in accordance with all applicable laws, and in a manner prescribed by the Regional Director designed to minimize or prevent significant environmental damage; and provided that within sixty (60) days of the granting of such temporary approval the operator either:
(ii)
If a proposed plan of operations has been submitted, responds to any outstanding requests for additional information.
(1)
The Regional Director finds that the operations will not cause significant environmental damage or result in significant new or additional surface disturbance to the unit; and either
(2)
The operator can demonstrate a compelling reason for the failure to have had timely approval of a proposed plan of operations; or
(3)
The operator can demonstrate that failure to grant such approval will result in an unreasonable economic burden or injury to the operator.