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Division Procedures: <br /> 1. The Division shall review the complete Notice of Intent to Conduct Coal Exploration and shall <br /> make a determination within two weeks of the filing of such complete Notice, whether the <br /> proposed exploration will substantially disturb the natural land surface, and if so, whether the <br /> proposed activity qualifies as coal exploration or surface coal mining operations. The Division <br /> shall immediately notify you in writing of its determination. The determination of substantial <br /> disturbance shall include, but not be limited to, consideration of the performance standards <br /> listed in Rule 4.21.4. If the Division determines that the proposed coal exploration activities <br /> will substantially disturb the natural land surface,you must comply with Rule 4.21. (NOTE: If <br /> you feel that the activities will substantially disturb the land, as "substantially disturb" is <br /> defined by Rule 1.04, you may attach or enclose your exploration and reclamation plan as it <br /> complies with Rule 4.21.) <br /> 2. If the Division determines that the proposed coal exploration activities qualify as surface coal <br /> mining operations, the application shall be returned to the person with the written <br /> determination. The person shall be informed of his rights to appeal such determinations and <br /> that conduct of any activities included in the application are prohibited until a valid mining and <br /> reclamation permit is obtained. <br /> -5- <br />