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APPLICATION INSTRUCTIONS Zt iS 172e aj3j)U0(V215' 7-ig'rt to receive ci derision on then- drys. The axkcaiits° are fi-ee to rhoose whichevi Permittee and ProspectilY, Suceessor n2u.4t tlesignatCe Application Fortin. in2plefe Applitxrllon wlthfn 30 oj)fion they decide is best. ?tr' decision on the attached 5) Demonstration of Legal Right to Enter: All PerinittCes must provide a description of the basis for legal right of entry to the site and to conduct mining And reclamation. &L, I1ar4 Rock aid Construction Materials Rules 6.3.7 ancl. 6.4.14. To comply with this requirement, the Prospective Successor must deinonsi to that helslielit has obtained a legal right of entry front any and aIi surface and miilci 1 i iglzts owners in the affected lands, independent of the current Perinittee. See llard ock and Construction Materials Rules 6.3.7, 6.4.14, -and "hiis may be a copy of an access lease, deed, abstract of title, cul rant tax receipt, or a signed and notarized statement by the property owners stating that the Prospective Successor has a 4E.1 right to enter. See Hard Rock and Construction Materials Rule 6.3.7. (1) Structure Agreements: In iriany cases, operators must provide the Division copies of agreements to coitipahsate the owners of any significan , valuable, and peririauent inan�- made structuici and utilities within 200 feet of the affected land ("Structure Agreements"). See hard Rock Rules 6.3.12 and 6.4.2D; Construction Materials Rules 5.3.12 and 6.4.19. if the I'erinittee was required to provide Structure Agreen mats, the Prospective Successor must obtain neus Structure Agreements from each owner and provide copies of the saine to the Division with the Application. A 3 lication Review I' o cess 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 pertiiit key virtue of acceptable performance and financial Warranties, and that the Prospective Successor has no outstanding violations. Sge C.R.S. §§ 34-k-119 and 34-32.5-119. If the Division does not act within 30 days frown the date that a complete Application has been filed, the Application will be considered autoinatically approved. e Hard hack and Cptistyuption Materials Rule 1.12.1(2). If an Application is denied, the Divi ion sy111 notify the Permittee and Prospective Successor no later than 14 days from the date it renders its decision.. Both the Permittee and Prospective Successor may appeal a denial, of an Application to the Beard by submitting a written request for an administrative appeal hear' g to the Board within 30 days bf final decision date. ,See Bard Rock and Construction Materials RuIc 1.4.11. -3-