Laserfiche WebLink
THE ROLE OF OTHER GOVERNMENTAL AGENCIES <br /> As part of the adequacy review process, once an application is received and considered filed, <br /> the Division sends a notice of the filing of the application to various local, state, and federal <br /> agencies, as warranted. These include the county commissioners and planning and zoning <br /> departments, the Colorado Division of Wildlife, the Colorado Department of Public Health and <br /> Environment, the Office of the State Engineer, the Bureau of Land Management and United <br /> States Forest Service (if on federal land), and the U. S. Army Corps of Engineers. These and <br /> other governmental agencies are contacted on a case-by-case basis for comments on the <br /> application as may be appropriate. <br /> THE 112 RECLAMATION PERMIT PROCESS <br /> Upon receipt of an application, the Division makes an administrative determination that the <br /> application contains sufficient information for the application to be considered filed, as defined <br /> by the Rules. Once a 112 Reclamation Permit application is considered filed, the Division has <br /> 90 days to complete its adequacy review of the application and to make its decision, or <br /> recommendation to the Board, to approve or deny the application. Only the applicant may <br /> extend the application review process beyond the Division's 90 day decision date. <br /> During the adequacy review process, the Division examines each exhibit in the application to <br /> verify that it meets all the requirements for the exhibit, pursuant to the Acts and the Rules, <br /> especially Rule 6. If exhibits are inadequate, the Division sends an adequacy letter to the <br /> applicant delineating these inadequacies, which the applicant must address. <br /> If at the decision date, an application still has unresolved adequacy issues, and the applicant <br /> has not waived the decision date, the Division may deny the application. Extensions beyond the <br /> 90th day decision date may not exceed 365 days from the date the application was considered <br /> filed unless the Division determines that an additional extension is justifiable. If an application <br /> reaches the 365th day and adequacy issues remain, the application may be scheduled for a <br /> hearing for the Board to approve or deny the application. <br /> If no objections are received and the Division determines that the application and its exhibits <br /> minimally meets the requirements of the Acts and the rules and regulations, the Division may <br /> approve the application and, once the required performance and financial warranties are <br /> received, issue the permit. <br /> If the Division denies an application or receives a timely and sufficient objection to an <br /> application, the application is automatically set for a board hearing. When a board hearing is <br /> scheduled due to an objection, the Division will make its recommendation (not decision) to the <br /> Board to approve or deny the application on or before the 90th day after the filing of the <br /> application with the Division. The Board must make its decision to approve or deny the <br /> application within 120 days of application filing, unless the applicant extends the decision date. <br /> Again, the applicant may extend or waive the 90 or 120 day deadlines to up to 365 days from <br /> the time the application is filed. Extensions may not exceed 365 days beyond the filing date <br /> without acceptable justification. <br /> Provisions of the Acts mandate automatic approval of an application if the Division does <br /> not make a decision on the application by the 90th day. Likewise, where an objection has <br /> 7 <br />