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It is the apl)livantc' )•iirht to iereivc, a decision on their complete Applicotion uRhin 30 <br /> days. The (gy)lirants are fi ee to choose whichever option the}, deciele is hest. <br /> i'ermtitee anti Pros1wetive Stt,cessor must (lesignate their Cecision on the autiched <br /> flpplication Form. <br /> 5) Demonstration of Legal Ri&to Enter: All Permittees must provide a description of <br /> the basis for legal right of entry to the site and to conduct 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/t has obtained a <br /> legal right of entry from any a:id all surface and mineral rights owners in the affected <br /> lands, independent of the current Permittee. See [-lard Rock and Construction Materials <br /> Rules 6.3.7. 6.4.14. and 1.6.2(1)(e)(i). This may be a copy of an access leak:, deed, <br /> abstract of title, current tax ree-zipt, or a signed and notarized statesmen: by the property <br /> owners stating that the Prospective Successor has a legal right to enter. See Hard Rock <br /> ind Construction Materials Rule 6.3.7. <br /> 6) Structure Agreements: In many cases, operators must 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 of the affected and ("Structure <br /> Agreements"). See Hard Rock Rules 6.3.12 and 6.4.20; Construction Materials Rules <br /> 6.3.12 and 6.4.19. If the Permittee was required to provide Structure Agreements, the <br /> Prospective Successor must o-)tain new Structure Agreements from each owner and <br /> provide copies of the sarne to the Division with the Application. <br /> Application Review Process <br /> The Division will grant an Application it" <br /> it finds that all required information [as been <br /> submitted 'that the Prospective Successor is capable of assuming all responsibiility for original <br /> permit by virtue of acceptable performance and Financial Warranties, and tha the Prospective <br /> Successor has no outstanding violations. See C.R.S. §ti 34-32-1 19 and 34-:;2.5-1 Ill. if' the <br /> Division does not act within 30 days from the date that a complete Application has been filed, <br /> the Application will be considered automatically approved. See [lard Rock and Construction <br /> Materials Rule 1.12.1(2). If an Application is denied, the Division will notify the Permittee and <br /> Prospective Successor no later than 10 days from the date it renders its decision. 3oth the <br /> Pennittee and Prospective Successor may appeal a denial of an Application to the Board by <br /> submitting a written request for an adm;nistrative appeal hearing, to the Board within 30 days of <br /> final decision date. Secs Hard Rock and --l:onstruction Materials Rule 1.4.11. <br /> - 3 - <br />