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Of subject mine site and by publishing a public notice in a local newspaper once weekly for four <br /> consecutive weeks. <br /> For 112 applications, the public comment period ends 20 days after the final public notice is <br /> published. This is an important date for those who want to object to an application because it <br /> serves as the cutoff date for a party's participation in the administrative process. If no objection <br /> is received before the 20-day period expires, the Division may act on the application without a <br /> formal Board hearing. Letters of objection will be forwarded to the applicant within 10-days of <br /> receipt. <br /> THE ROLE OF THE CITIZEN <br /> Any citizen may become involved in the reclamation permit application process either as a party <br /> or a non-party. According to Rule 1.1(34.1) of the Construction Materials Rules and Rule <br /> 1.1(38.1) of the Hard Rock/Metal Mining Rules, "party" means "a person or entity who <br /> demonstrates that they are directly and adversely affected or aggrieved by the conduct of a <br /> mining operation, proposed mining operation, or an order of the Board and whose interest is <br /> entitled to legal protection under the Act." Under the rules, "aggrieved" is defined as "suffering <br /> actual loss or injury, or being exposed to potential loss or injury, to legitimate interests. Such <br /> interests include, but are not limited to, business, economic, aesthetic, governmental, <br /> recreational, or conservational interests." <br /> A non-party is anyone who does not meet the statutory definition of a party, or who submits <br /> written statements supporting or objecting to an application during the public notice period but <br /> requests to remain a non-party or fails to fulfill party requirements (2) and (3) listed below. A <br /> non-party may participate in the process by speaking during the public comment period of a <br /> Formal Board Hearing or through commenting on an application, as noted above. <br /> To participate as a party at a Formal Board Hearing, a person must: <br /> (1) Submit a letter of objection or protest to the Division within twenty(20) calendar days <br /> after the last date for the newspaper publication of notice of the application pursuant <br /> to Section 34-32-114 and 34-32.5-114 of the Acts. Note that this letter must be <br /> received by the Division within twenty (20) calendar days of the last date of the <br /> newspaper publication. In that letter, the interested parties should provide the name, <br /> mailing address and telephone number and explain how they are aggrieved by the <br /> proposed mining activity. Although neither the Acts nor the rules requires a potential <br /> party to establish in writing that they are aggrieved by a mining operation, a person <br /> may lose their party status at any time if they are challenged on this issue and <br /> cannot prove that they comply with the definition contained in Construction Materials <br /> Rule 1.1(4). It is therefore recommended that before preparing for a hearing, parties <br /> first explain in their objection letter how they are aggrieved by the mining operation. <br /> (2) Attend the Pre-hearing Conference or execute a proxy, as required by Rule 2.7.3(4); <br /> and <br /> (3) Attend the Formal Public Hearing, as required by Rule 2.8.1(1). <br /> 5 <br />