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-11- <br /> It is recommended that you contact the agencies listed under"Compliance With Other Laws"prior to submitting the application to the Office. You <br /> must send a notice, on a form approved by the Board, to the local board of county commissioners and, if the mining operation is within the <br /> boundaries of a conservation district,to the board of supervisors of the conservation district,prior to filing the application. A copy of these"Notice <br /> of Filing Application" forms have been attached for your use. You must include proof of such mailings with the application at the time the <br /> application is submitted to the Office for filing(Rules 1.6.2 and 1.6.5). <br /> Upon filing the application,place for public review a copy of the application,less confidential items,with the clerk and recorder of the county or <br /> counties in which the affected land is located. Any changes or additions made to an application following submittal must be filed with the county <br /> clerk and recorder. You must also provide the Office with an affidavit or receipt demonstrating that the change was filed with the county clerk and <br /> recorder no later than the close of business on the day the change was filed with the Office(Rule 1.8.1). The copy of the application and any <br /> changes or additions placed at the office of the county clerk and recorder shall not be recorded,but shall be retained there for at least sixty(60)days <br /> after a decision on the application by the Office and be available for inspection during this period. At the end of this period,the application may be <br /> reclaimed by the applicant or destroyed(Rule 1.6.2(2)). <br /> Prior to the Office making an approval decision(consideration of the application),you must submit proof of publication and proof of all required <br /> notices. Proof of notice may be by submitting return receipts of a certified mailing or by proof of personal service(Rules 1.6.2 and 1.6.5). <br /> Application Review Procedures: <br /> When the Office receives the application form,Exhibits A-T,Geotechnical Stability Exhibit,Emergency Response Plan,Addendum 1,and the <br /> application fee,the Office will set a date for consideration of the application. This date will be within 90 days of the date of submittal. The date set <br /> for consideration may be extended,pursuant to Rule 1.4.5(3),if you change or make additions to the application(Rule 1.8). <br /> The Office may schedule an informal conference on the application. You may also request an informal conference. Please consult Rule 1.4.6 for <br /> the procedures on informal conferences. <br /> During the 90-day review period,the Office will review your application to determine if it is technically adequate and meets the requirements of the <br /> Act and Mineral Rules and Regulations. You will be notified if any deficiencies exist and will be asked to respond prior to the date set for <br /> consideration of the application. <br /> The Office will issue its decision on or before the date set for consideration of the application. The decision will be either to: (1)approve; (2) <br /> approve with conditions;(3)deny;or,(4)set the application for a hearing before the Board. Any conditions upon approval,unless agreed to by the <br /> applicant,shall be treated as a denial. The grounds for denial,approval with conditions,or approval over an objection will be set forth in writing <br /> (Rule 1.4.8). <br /> A hearing will automatically be scheduled if the Office's decision is:(1)denial;(2)approval when objections have been received;(3)approval with <br /> conditions when these are unacceptable to the applicant;or,(4)the Office chooses to set a hearing because of a decision requiring Board policy. <br /> In the event the Office sets an application for a hearing without issuing a decision,the Office will issue a recommendation to the Board and will <br /> identify the issues raised in the adequacy review or by objections filed with the Office. The Office will mail a copy of the recommendation to all <br /> parties to the hearing(Rule 1.4.5(6)). <br /> Performance and Financial Warranties: <br /> A performance warranty and a financial warranty,in an amount determined as a part of the application review,must be submitted to the Office prior <br /> to permit issuance. If the applicant is a unit of state or county government,then only a performance warranty is required. Several different types of <br /> financial warranties are allowed by the law. Please review Rule 4 to determine which type of financial warranty you desire to use. You may obtain <br /> the appropriate forms during the application review period. A financial warranty should not be submitted until a decision on the application has <br /> been made. <br />