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Page 141 <br />Hazd Rock/Metal Mining Rule 7 <br />(2) Upon receipt of the Office notice, the Operator of an existing mining <br />operation shall: <br />(a) within sixty (60) days file a demonstration that the existing <br />permit application for the operation contains the necessary elements of an <br />Environmental Protection Plan, Subsection 6.4.19. This showing by the <br />Operator shaIl satisfy the applicable portions of Sections 34-32-116 and 116.5, <br />C.R.S. 1984, as amended, and the applicable portions of Rules 3, 6 and 7. <br />Upon notice tint the existing permit application does not captain the elements <br />of an Environmental Protection Plan, the Operator shall either: <br />(b) within one hundred eighty (180) days submit an Environmental <br />Protection Plan to the Office; or <br />(c) within thirty (30) days request a period longer than one <br />hundred and eighty (180) days, not to exceed one (1) yeaz, to file such plan <br />based on a demonstration satisfactory to the Office that additional time is <br />needed to prepare an Environmental Protection Plan <br />(3) If an Operator/Applicant so notified agrees, the Operator/Applicant <br />shall amend the application in accordance with Section 7.2 of these Rules. <br />7.2.4 Operator/Applicant Disputes Designation <br />(1) ff an Operator/Applicant so notified does not agree with the Office <br />that the existing or proposed mining operation is a Designated Mining Operation, the <br />Operator/Applicant shaIl appeal, in writing, to the Office within thirty (30) days of the <br />Office notice. <br />(a) The Office shaIl meet with the. Operator/Applicant as soon <br />after the notification descnbed in Paragraph 7.2.4(1) as possible to discuss the <br />pending designation. If the Operator/Applicant does not satisfactorily <br />demonstrate to the Office that the operation is not a Designated Mining <br />Operation, the Office shall make a final determination that the operation is a <br />Designated Mining Operation. The monthly Agenda shall Notice the final <br />decision of the Office. <br />(b) The Operator/Applicant may appeal the Office's determination <br />to the Boazd within thirty (30) days of the notification to the <br />Operator/Applicant of such determination, as provided in the monthly <br />Agenda, or otherwise, and request a hearing before the Boazd on the <br />