2017-04-18_REVISION - M1984094 - Laserfiche WebLink

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APPLICATION INSTRUCTIONS It IS the Clj)j)IIcC1i1ts,I-ig111 to i'eceil'e CI CICC'iSloil on their coinj)Iete,4j)])IlcCltloil ivithin 30 clajlly I7he apl)Iicants sire free to choose lt,hichever olvioil the}, Clecia'c is best, �Ci'iilltteP and ��i-osj)ectll'e �S'ltccessoi' n111st clesign(lte their CIecisjoil on the attached ,41)l)Ilccition Foi•in. 5) 1)enlonstration of Legal Right to E nter•: All Pernlittees Inust provide a description of the basis for legal right of entry, to the site and to conduct mining and reclamation. See Ilard 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 I'ernlittee. See Hard Rock and Construction Materials Rules 6.3.7, 6.4.14, and 1.62(1)(e)(1). 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 t0 provide Structure Agreements, the PrOspectlVe Successor must obtain nett' Structure Agreements from each owller aIld provide copies of the same to the Division with the Application. Application WViely 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 110 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 beers 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 Construction Materials Rule 1.4.11.