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Page 143 Hazd Rock/Metal Mining Rule 7 7.2.7 Appeal of Determination Any person that maybe aggrieved by the final Office determination as to the status of a mining operation being, or not being, a Designated Mining Operation may appeal such Office determination to the Board. 7.2.8 Plan Inadequacy If the Office subsequently finds that the approved Environmental Protection Plan is not adequate to comply with the Act and these Rules for protection of human health or property or the environment in conformance with the duties of Operators as prescribed by the Act, the Office may direct the Operator/Applicant to propose a revision to the previously approved Plan within a reasonable time. Provided the Operator is operating incompliance with the approved permit, this Office directive to propose a change shall be considered a "possible problem" and not a "possible violation", unless the time period for submission of the revision is not met by the Operator. 7.2.9 75me Extension for Filing the Environmental Protection Plan Any Operator not granted relief, upon appeal of a designation as a Designated Mining Operation, shall submit an Environmental Protection Plan to the Office within ninety (90) days of issuance of the Board Order denying the appeal, unless granted additional time by the Board based on all the following: (a) the good faith efforts of the Operator to achieve compliance, (b) the complexity of the mining operation; and (c) a demonstration that harm would not occur to the human health, property or the environment if the additional time were granted. 7.2.10 Public Notice Requirements -Request for Release of Financial Warranty (1) Upon filing a written Notice of Completion and a Request to Release Financial Warranty for a Designated Mining Operation, the Operator shall publish a Public Notice according to the following guidelines.