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Page 140 Hard Rock/Metal Mining Rule 7 103(3.5)(a) (1) The Office's determination of a Designated Mining Operation is based on the criteria described in the definition for Designated Mining Operation in Pazagraph 1.1(14). (2) For administrative purposes, such as Annual Fees and inspection schedules, the occurrence at a mine site of any activity that is a Designated Mining Operation activity will have the effect of making the entire miniug operation a Designated Mining Operation, unless exempted by Subpazagraph 1.1(12)(e). (3) Such operations, so designated, must submit an Environmental Protection Plan as specified in Subsection 6.4.19. (4) Any person that does not agree with as Office detetminatioa of non- designation may petition the Board to hold a Formal Public Hearing, where such person has factual evidence that the operation may be a Designated Mining Operation and such person makes that information available to the Office, Board and Applicant at the time such petition is fIled with the Office. Such hearing shall follow the process descnbed in Section 2.5. 7.2.2 Notification of Designation or Pending Designation by Office (1) Any time after the effective date of this Subsection 7.2.2, the Office may notify an Operator of the Office's determination that an existing or proposed mining operation is, or has a reasonable potential to be, a Designated Mining Operation. The monthly Agenda shall Notice those operations for which the Office may have any pending Designated Mining Operation considerations, and upon a determination that an operation so considered, is or is not a Designated Mining Operation, the Office shall provide Notice in the next regular monthly agenda. (2) The Office's notice to an Operator/Applicant of such a determination shall be accompanied by factual s"tatements including a review of the permit application, approved permit application, proposed or existing metallurgical process, known site geology or geochemistry, and the most recent site inspection: 7.2.3 Operator/Applicant Concurs with Designation (1) If an Operator, so notified, agrees with the Office that the existing operation is a Designated Mining Operation, the Operator shall notify the Office within thirty (30) days of the date of the notice by mat7, of the Operator's concurrence.