2018-09-17_REVISION - M1995009 (3)

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APPLICATION INSTRUCTIONS i It is the a1212licants'fight to receive ct decision on their Cpltlplele 411dication 1111thin 30 days. The applicants are fi-ee to choose whichdvet• oI)tio31 they decide is best. Permittee and ProspectNe Tuccessor must tlesignatle their decision oil the attached A1q)UC.Cttion form. I Demonstration of Legal Right to I+:nter:All Permittecs must provide a description of the basis for legal right of entry to the site and to conduct mining and reclarriation. 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/slie/it has obtained a legal right of entry from any and all surface and mineral tights owners in the affected lands,independent of the current Permittee. See I IardjRock and Construction Materials Rules 6.3.7, 6.4.14, and 1.6.2(l)(e)(i). This may be ' copy of an access lease, deed, abstract of title, current tax receipt, or a signed and n tarized statement by the pi-operty owners stating that the Prospective Successor has a le al right to enter. See liarc ock and Construction Materials Rule 6.3.7. b Structure Agreements: In many cases, operators mu t provide the Division copies of g 1 agreements to compensate the owners of any significa it,valuable, and permanent nlan- made structures and utilities within 200 feet o. the affected land ("Structure Agreements'). See bard Rock Rules 6.3.12 and 6.4. 0; Construction Materials Rules 6.3.12 and 6.4.19. If the Permittee was required to provide Structure Agreements, the Prospective Successor must obtain neii, Structure A*reements from each owner and provide copies of the sane to the Division with the Application. Application Review 1roee$s 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 Wa•ranties, and that the Prospective Successor leas no outstanding violations. .S".ee. C.R.S. §§ 34- 2-119 and 34-32.5-119. If the Division does not act within 30 days from the date that a com lete Application has been filed, the Application will be considered automatically approved. . ee Hard Rock and Construction °r Materials Rule 1.12.1(2). If an Application is de ivi nied,the D ion Neill notify the Permittee and Prospective Successor no later than 10 days from the date ' renders its decision. Both the Permittee and Prospective Successor may appeal a denial, of Application to the Board by submitting a written request for an administrative appeal hoari g to the Board within 30 days of final decision date. ,See Hard Rock and Construction Materials Roe IA.11. i I -3 -