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APPLICATION INSTRUCTIONS <br /> It is file aj)jkcant s'right to receive a decision on their coiilplete Apy)lication within 30 <br /> daj,s. The Cal)I)Iicants are .free to choose 1Phichoer option they decide is best. <br /> Periittee rind Prospective Successor inust designat� their decision on the attached <br /> Al y cation F orin. <br /> 5) Demonstration of Legal Bight to E nter: All Permittees must provide a description of <br /> the basis for legal right of entry to the site and to cond�ict mining and reclamation. See <br /> Hard Rock and Construction Materials Rules 6.3.7 and 6.4.14. To comply with this <br /> requirement, the Prospective Successor must demonstrate that he/she/it has obtained a <br /> legal right of entry from any and all surface and minoral rights owners in the affected <br /> lands, independent of the current Permittee. See 1lard'Rock and Constriction Materials <br /> Rules 6.3.7, 6.4.14, and 1.6.2(1)(e)(i). This may be copy of an access lease, deed, <br /> abstract of title, current tax receipt, or a signed and notarized statement by the property <br /> owners stating that the Prospective Successor has a legal right to enter. See Hard Rock <br /> and Construction Materials Rule 6.3.7. <br /> 6) Structure Agreements: In many cases, operators milst provide the Division copies of <br /> agreements to compensate the owners of any significant, valuable, and permanent man- <br /> made structures and utilities within 200 feet o the affected land ('`Structure <br /> Agreements"). See Hard Rock Rules 6.3.12 and 6A.20; Construction Materials Rules <br /> 6.3.12 and 6.4.19. If the Permittee was required to p-ovide Structure Agreements, the <br /> Prospective Successor must obtain new Structure Agreements from each owner and <br /> provide copies of the same to the Division with the Application. <br /> Application Review Process <br /> The Division will grant an Application if it finds that all required information has been <br /> submitted, that the Prospective Successor is capable of assuming all responsibility for original <br /> permit by virtue of acceptable performance and Financial Worranties, and that the Prospective <br /> Successor has no outstanding violations. See C.R.S. §§ 302-119 and 34-32.5-119. If the <br /> Division does not act within 30 days from the date that a cos plete Application has been filed, <br /> the Application will be considered automatically approved. See Hard Rock and Construction <br /> • Materials Rule 1.12.1(2). If an Application is denied,the Div sion-%tiiill nofify the Permittee and <br /> Prospective Successor no later than 10 days from the date It renders its decision. Both the <br /> Permittee and Prospective Successor may appeal a denial. of an Application to the Board by <br /> submitting a written request for an administrative appeal hoar" to the Board within 30 days of <br /> final decision date. lee Hard Rock and Construction Materials Rule I A.11. <br /> II, <br /> I <br /> -3 - <br />