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- iii - <br /> 9. Prior to the Office making a decision(consideration of the application),you MUST submit a copy of the proof <br /> of publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting <br /> copies of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c), <br /> 1.6.2(1)(a)(ii), and 1.6.2(1)(g)). <br /> The copy of the application and any changes or additons placed at the office of the county clerk or recorder shall NOT be <br /> recorded, but shall be retained there for at least sixty (60) days after a decision on the application by the Office and be <br /> available for inspection during this period. At the end of this period, the application may be reclaimed by the applicant or <br /> destroyed(Rule 1.6.2(2)). <br /> APPLICATION REVIEW PROCEDURES: <br /> The Office shall approve or deny the application within ninety (90) days of filing unless the date for consideration by the <br /> Office is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond ninety(90)days after the last <br /> such change submitted. For complex applications,the review period may be extended an additional sixty (60)days. Please <br /> see Rule 1.1(10)for the definition of what constitutes a complex application. <br /> APPLICATION APPROVAL/DENIAL: <br /> If the requirements of the Act and Mineral Rules have been satisfied,the Office will approve the application. The Act also <br /> provides for automatic approval if no action is taken by the Office by the end of the review period. <br /> If the Act and Regulation requirements have not been satisfied,the Office will deny the application. If the Office denies the <br /> application,you may appeal to the Board for a final determination by submitting a written request for administrative appeal to <br /> the Board within 60 days of the decision date (Rule 1.4.7). <br /> PERFORMANCE AND FINANCIAL WARRANTIES: <br /> A performance warranty,and a financial warranty dollar amount determined during the application review process,must be <br /> submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a <br /> decision on the application has been made. If the applicant is a unit of state or county government,then ONLY a performance <br /> warranty is required. <br /> Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of <br /> financial warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application <br /> review period. <br /> Please note that an application approval DOES NOT convey a right to begin operations. You MUST submit, and have <br /> approval of your performance and financial warranties, and receive your copy of the signed permit document PRIOR to <br /> beginning on-site mining activity. <br /> AUTOMATIC PERMIT APPROVAL: <br /> An automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied. <br /> This decision must be made ninety (90) calendar days from the date the application was determined to have been filed. <br /> However,the performance and financial warranties must be submitted and approved by the Office before the permit will be <br /> issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS <br /> ISSUED(Section 34-32.5-109(1),C.R.S.). <br />