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In the event the Office sets an application for a hearing without issuing a decision, the Office will issue a recommendation <br />to the Board and will identify the issues raised in the adequacy review or by objections filed with the Office. The Office <br />will mail a copy of the recommendation to all parties to the hearing (Rule 1.4.5(6)). <br />PERFORMANCE AND FINANCIAL WARRANTIES: <br />A performance warranty and a financial warranty, in an amount determined as a part of the application review,`must be <br />submitted to the Office prior to permit issuance. If the applicant is a unit of state or county government, then only a <br />performance warranty is required. Several different types of financial warranties are allowed by the law. Please review <br />Rule 4 to determine which type of financial warranty you desire to use. You may obtain the appropriate forms during the <br />application review period. A financial warranty should NOT be submitted until a decision on the application has been <br />made. <br />COMPLIANCE WITH OTHER LAWS: <br />Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board does not in any way relieve you <br />of the responsibility to comply with all other applicable state and federal laws (Section 34-32-115(4)(c) and 109(5), C.R.S. <br />1984, as amended). At a minimum, you MUST contact the following agencies to determine whether or not you need to <br />comply with their legal requirements: <br />o The Colorado Historical Society regarding properties of historical significance including the need for an <br />archeological survey, procedures for requesting a file search, and inventory forms to identify structures; <br />o Colorado Division of Water Resources with regard to the administration of water rights; <br />o Colorado Department of Health, Water Quality Control Division, with regard to the discharge of pollutants into <br />the water of the State; <br />o Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust <br />permit; <br />o U.S. Bureau of Land Management or the U.S. Forest Service for proposed operations on federal lands; <br />o U.S. Army Corps of Engineers regarding a dredge and fill (404) permit; and <br />o The County Planning Department for the county or counties in which the proposed operation is located <br />(Section 34-32-109(6), C.R.S.1984, as amended) requires a mining operator to be responsible for assuring that <br />the mining operation and the post -mining land use comply with local land use regulations and any master plan <br />for extraction adopted pursuant to Section 34-1-304. <br />PERMIT APPROVAL: <br />An applicant will not be issued a reclamation permit until notified by the Office that this application and the required <br />performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the <br />Office fails to notify the applicant/operator that the application has been denied. This decision must be made one hundred <br />twenty (120) calendar days from the date the application was submitted. However, the perfonnance and financial <br />warranties must be submitted and approved by the Office before the permit will be issued even if you receive an automatic <br />approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 4.1(2)). <br />