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_ii_ It is recorttmended that you contact the agencies listed under "Compliance With Other Laws" prior to submitting the application to the Office. You must send a notice, on a form approved by the Board to the local boazd of county conmtissioners and, if the mining operation is within the boundaries ofa conservation district, to the board of supervisors of the conservation district, prior to filing the application. A copyof these "Notice of Filing Application" forms have been attached for your use. You rmtst include proof of such mailings with the application at the time the application is submitted to the Office for filing (Rules 1,6.2 and 1.6.5). Upon filing the application, place for public review a copy of the application, less confideptial itetrts, with the clerk and recorder of the county or counties in which the affected [and is located. Any changes or additions made to an application following submittal must be fined with the county clerk and recorder. You must also provide the Office with an affidavit or receipt demonsha[ing that the change was filed with the county clerk and recorder no later Yhan the close of business on the day the change was filed with the Office (Rule 1.8.1). The copy of the application and any changes or additions placed at the office of [he cotmty clerk and recorder shall not be recorded, but shall be retained there for at least sixty (60) days after a decision on the application by the Offrce and be available for inspection during this period. At the end of this period, the application maybe reclaimed by the applicant or destroyed (Rule 1.6.2(2)). Prior to the Office ma&iug an approval decision (consideration ofthe application}, you must submit proofofpubiicationand proofofalirequired notices. Proof of notice may be by subtnining return receipts of a certified mailing or by proof of personal service (Rules 1.6.2 and 1.6.5). Application Review Procedures: When the Otiice receives the application form, Extubits A-T, Geotechnical Stability Exhibit, Emergency Response Plan, Addendum I, and the application fee, the Office will set a date for consideration ofthe application. This date will be within 90 days of the date of submittal. The date set for consideration maybe extended, pursuant io Rule 1.4.5(3), ifyou change or make additions to the application (Rule ].8). The Office may schedule an informal conference on the application. You tray also request an informal conference. Please consult Rule 1.4.6 for the procedures on informal conferences. During the 90-day review period, the Office will review your application to determine if it is technically adegttate and meets the requirements ofthe Act and Mineral Rules and Regulations. You will be notified if any deficiencies exist and will be asked to respond prior to fhe date set for consideration of the application. The Office will issue its decision on or before the date set for consideration of the application. The decision will be either to: (1) approve, (2) approve with conditions; (3) deny; or, (4) set the applicatlon for a hearing before the Boazd. Any conditions upon approval, utiless agreed to by the applicant, shall be heated as a denial. The grounds for denial, approval with conditions, oz approval over an objection will be set forth in writing (Rule 1.4.8}, A hearing will automatically be scheduled if the Office's decision is: (t) denial; (2) approval when objections have been received; (3) appmval with conditions when these are unacceptable to the applicant; or, (4) the Office chooses to set a hearing because of a decision requiring Board policy. In the event the Office sets an application for a hearing without issuing a decision, the Office will issue a recommendation to the Beard and will identify the issues raised in the adequacy review or by objections filed with the Office. The Office will mail a copy of [he recommendation to all parties to the hearing (Rule L4.5(6)). Performance and Financial Warranties: A perfomtance warsan[y and a financial warzanty, in an amount determined as a part of the application review, roust be submitted [o the Office prior to permit issuance. If the applicant is a unit of state or county government, then only a performance warranty is required. Several different types of financial warranties are allowed by the law. Please review Rule 4 to determine which Type of financial warzanty you desire to use. You tnay obtain the appropriate Corms during the application review period. A financial warranty should not be submitted until a decision on dte application has been made.