2016-09-09_REPORT - M1996076 - Laserfiche WebLink

Home Browse Search

It is the applicants'right to receive a decision on their complete Application within 30 days. The applicants are free to choose whichever option they, decide is best. Permittee and Prospective Successor must designate their decision on the attached Application Form. 5) Demonstration of Legal Right to E nter: All Permittees must provide a description of the basis for legal right of entry to the site and to conduct mining and reclamation. See Hard Rock and Construction Materials Rules 6.3.7 and 6.4.14. To comply with this requirement, the Prospective Successor must demonstrate that he/she/it has obtained a legal right of entry from any and all surface and mineral rights owners in the affected lands, independent of the current Permittee. See Hard Rock and Construction Materials Rules 6.3.7, 6.4.14, and 1.6.2(1)(e)(i). This may be a copy of an access lease, deed, abstract of title, current tax receipt, or a signed and notarized statement by the property owners stating that the Prospective Successor has a legal right to enter. See Hard Rock and Construction Materials Rule 6.3.7. 6) Structure Agreements: In many cases, operators must provide the Division copies of agreements to compensate the owners of any significant, valuable, and permanent man- made structures and utilities within 200 feet of the affected land ("Structure Agreements"). See Hard Rock Rules 6.3.12 and 6.4.20; Construction Materials Rules 6.3.12 and 6.4.19. If the Permittee was required to provide Structure Agreements, the Prospective Successor must obtain new Stricture Agreements from each owner and provide copies of the same to the Division with the Application. Application Review Process The Division will grant an Application if it finds that all required information has been submitted, that the Prospective Successor is capable of assuming all responsibility for original permit by virtue of acceptable performance and Financial Warranties, and that the Prospective Successor has no outstanding violations. See C.R.S. §§ 34-32-119 and 34-32.5-119. If the Division does not act within 30 days from the date that a complete Application has been filed, the Application will be considered automatically approved. See Hard Rock and Construction Materials Rule 1.12.1(2). If an Application is denied, the Division will notify the Permittee and Prospective Successor no later than 10 days from the date it renders its decision. Both the Permittee and Prospective Successor may appeal a denial of an Application to the Board by submitting a written request for an administrative appeal hearing to the Board within 30 days of final decision date. See Hard Rock and Constriction Materials Rule 1.4.11. - 3 -