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It is recommended that you contact the agencies listed under"Compliance With Other Laws"prior to submitting the application to the Office. You must <br /> 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 boundaries of a <br /> c rvation district, to the board of supervisors of the conservation district, prior to filing the application. A copy of these "Notice of Filing <br /> ration" forms have been attached for your use. You must include proof of such mailings with the application at the time the application is <br /> 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 ofthe county or counties <br /> in which the affected land is located. Any changes or additions made to an application following submittal must be filed with the county clerk and <br /> recorder. You must also provide the Office with an affidavit or receipt demonstrating that the change was filed with the county clerk and recorder no <br /> 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 changes or additions <br /> 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 after a decision on the <br /> application by the Office and be available for inspection during this period. At the end of this period,the application may be reclaimed by the applicant <br /> 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 notices. <br /> Proof of notice maybe 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 for <br /> 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 the <br /> 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 ofthe Act <br /> 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 consideration of <br /> t' plication. <br /> Tne 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)approve <br /> with conditions;(3)deny;or,(4)set the application for a hearing before the Board. Any conditions upon approval,unless agreed to by the applicant, <br /> shall be treated as a denial. The grounds for denial,approval with conditions,or approval over an objection will be set forth in writing(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 identify <br /> 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 parties to the <br /> 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 to <br /> 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 the <br /> appropriate forms during the application review period. A financial warranty should not be submitted until a decision on the application has been made. <br /> ii <br />