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MINERALS PROGRAM POLICY MEMO December 12, 2002 /~~ v. ~ (J G J lG To: Minerals Staff From: HBH ~~ ~~~~ Date: 12/12/02 Re ised 06/15/06' r RE: Applicant has not posted the financial warranty within one year of application approval. At the December 11, 2002 monthly Board meeting, the Board modified its December 23, 1991 directive to the Minerals Staff on how staff should handle cases where the applicant has not posted the required financial warranty within the required 365 days per the requvements of Rule 4.1(2). Under the provisions to Rule 4.1(2) if the financial warranty is not posted by the 365`h day of the application being approved, the application shall be brought to the Board for reconsideration. At the direction of the Board at the December 23, 1991 monthly Board meeting, the applicant was also required to go through the public notice and public comment period again. Under the revised direction from the Boazd based on the December 11, 2002 monthly Boazd meeting, the provisions of Rule 4.I (2) apply, however, the Board will decide on a case-by case basis whether the applicant will need to go through the public notice and public comment process and to what extent. For example, the Board might only require the applicant to notice any new adjacent land owners and owners of structures within 200 ft. When the applicant is noticed of the reconsideration hearing, please inform them that they will be expected by the Board to describe any new adjacent landowners and structures within 200 ft. of the affected area. Staff shall also conduct a site inspection to verify that no mining has occurred and document any other site observations that may be of interest to the Board. We have also been directed by the Board to notify applicants after nine (9) months of approval of the application if a bond has not been posted. (The notice applies to new permits, permit amendments, and conversion applications, but nos to technical revisions.) The Administrative Assistants will generate the letter for signature by the appropriate EPS. If you receive an objection to the application during the Board reconsideration process, you should follow the existing Pre-hearing Conference, and Board hearing process for applications that receive an objection described in various sections ofRule 2.