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• _2_ <br /> Upon filing the application place for public review a copy of the application, less <br /> confidential items , with the clerk and recorder of the county or counties in which the <br /> affected land is located. Any changes or additions made to an application following <br /> submittal must be filed with the county clerk and recorder. You must also provide the <br /> Division with an affidavit or receipt demonstrating that the change was filed with the <br /> county clerk and recorder no later than the close of business on the day the change was <br /> filed with the Division (Rule 1 .5) . The copy of the application and any changes or <br /> additions placed at the office of the county clerk and recorder shall not be recorded, <br /> but shall be retained there for at least sixty (60) days after a decision on the <br /> application by the Division and be available for inspection during this period. At the <br /> end of this period, the application may be reclaimed by the applicant or destroyed <br /> (Rule 3.2(3)(b)(ii )) . <br /> Prior to Division consideration of the application, you must submit proof of publication <br /> and proof of all required notices. Proof of notice may be by submitting return receipts <br /> of a . certified mailing or by proof of personal service (Rule 3.20)(b)(vi )) . <br /> Application Review Procedures <br /> The Division shall approve or deny the application within thirty (30) days of filing <br /> unless the date for consideration by the Division is extended pursuant to Rule 1 .5. The <br /> • time for consideration shall not be extended beyond thirty (30) days after the last such <br /> change submitted. <br /> If the requirements of the Act and Mineral Rules have been satisfied, the Division will <br /> approve the application. The Act also provides for automatic approval if no action is <br /> taken by the Division within the review period. <br /> If the Act and Regulation requirements have not been satisfied, the Division will deny <br /> the application. If the Division denies the application, you may appeal to the Board <br /> for a final determination by submitting a written request for administrative appeal to <br /> the Board within 60 days of the decision date. (Rule 3.2(5)(d) . ) <br /> Performance and Financial Warranties <br /> A performance warranty and a financial warranty, in an amount determined as a part of <br /> the application review, must be submitted and approved by the Division prior to permit <br /> issuance. If the applicant is a unit of state or county government, then only a <br /> performance warranty is required. Several different types of financial warranties are <br /> allowed by the law. Please review Rule 7 to determine which type of financial warranty <br /> you desire to use. You may obtain the appropriate forms from the Division during the <br /> application review period. <br /> • <br />