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• ALL~n GRAVEL PIT <br />-iii- <br />9. Prior to the Office making a decision (consideration of the application), you M 1 T submit a copy of the proof <br />of publication from the newspaper and proofof all required notices. Proof of the notices may be by submitting copies <br />of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.43(4)(c), 1.6.2(1)(a)(ii), and <br />1.6?(I)(g)). <br />The copy of the application and any changes or additons placed at the office ofthe county clerk or recorder shall NOT be recorded, <br />but shall be retained there for at least sixty (60) days after a decision on the application by the Office and be available for <br />inspection during this period. At the end of this period, the application may be reclaimed by the applicant or destroyed (Rule <br />1.6.2(2)). <br />APPLICATION REVIEW PROCEDURES: <br />The Office shall approve or deny the application within ninety (90) days of filing unless the date for consideration by the Office <br />is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond ninety (90) days after the last such <br />change submitted. For complex applications, the review period may be extended an additional sixty (60) days. Please see Rule <br />1.1(10) for the definition of what constitutes a wmplex application. <br />APPLICATION APPROVAL/DENIAL: <br />if the requirements of the Act and Mineral Rules have been satisfied, the Office will approve the application. The AM also <br />provides for automatic approval if no action is taken by the Office by the end of the review period. <br />If the Act and Regulation requirements have not been satisfied, the Office will deny the application. If the Office denies the <br />application, you may appeal to the Board for a final determination by submitting a writtrn request for administrative appeal to <br />the Board within 60 days of the decision date (Rule 1.4.7). <br />PERFORMANCE AND FINANCLA~ WARRANTIES: <br />A performance wamenty, and a fmancia! warranty dollaz amount determined during the application review process, must be <br />submitted and approved by the Office PRIOR to pemtit issuance. A financial warranty should b.Q'j be submitted until a decision <br />on the application has bern made. if the applicant is a unit of state or county govemmrnt, thrn Q~{j_Y a performance warranty <br />is required. <br />Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of financial <br />warranty you desire to use. You may obtain the appropriate warranty forms from the,Office during the application review period. <br />Please note that an application aooroval DOGS NOT convey a right to bgQjn operations You MUST submit ash have approval <br />ofy9ur cerfonnance and financial warranties and receive your copy of the sieved permit documrnt PROR to IZgyinninQ on site <br />mining activity. <br />AUTOMATIC PERMIT APPROYAL: <br />An autorttatic approval will occur where the Office fails to notify the applicanUoperator that the application has been denied. This <br />decision must be made ninety (90) calendar days from the date the application was determined to have been filed. However, the <br />performance and financial warranties must be submitted and approved by the Office before the permit will be issued even if you <br />receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED <br />(Section 34-32.5-109(1), C.R.S.). <br />