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-iii - 9. Prior to the Office making a decision (consideration of the application), you MUST submit a copy of the proof of publication from the newspaper and proof of all required notices. Proof of the notices maybe by sulmritting copies of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4xc), ].ti.2(t)(axii), and 1.6.2(1 ~). The copy of the application and any changes or additons placed at the office of the cetnrty clerk or recorder shall ivO be recorded, but shall be retained there far at least silly (60} days after a decision an the application by the Office and be available for inspection during this period. At the end of this period, the application may be reclainud by the applicant or destroyed (Rule 1.6.2(2)). APPL[CATION REVIEW PROCEDURES: The Office shall approve or deny the application within ninety (90) days of filing unless the date far consideration by the Office is extended pursuant to Rule i.8. The dme for consideration shall not be extended beyond ninety (90j days after the last such change submitted. Far complex applications, the review period may be extended an addifional sixty (60) days. Please see Rule 1. i(10) for the definition of what constitutes a complex application. APPLICATION APPROVAL/DENIAL: If the requirements of the Act and Mineral Rules have been satisfied, the Office will approve the application. The Act also provides for automatic approval if no action is taken by the Office by the end of the review period. If the Act and Regulation requirements have not been satisfied, the Office will deny the application. If the Office denies the application, you may appeal to the Board far a final deternrination by submitting a written request for administrative appeal to the Boatel within 60 days of the decision date (Rule 1.4.7). PERFORMANCE AND FINANCIAL WARRANTIES; A perfomtartce warranty, and a financial warranty dollar amount determined doting the application review process, must be submitted and approved by the Office PRIOR to permit issuance. A financial warranty should >~ be submitted unfit a decision on the application has been made. If the applicant is a unit of state or countygovemmeni, then ONLY a performance warranty is required. Several different types of financial warmnties are allowed by the taw. Please review Rule 4.0 m determine which type of fitancial warranty you desire to use. You irray obtain the appropriate warranty forms from the Office during the application review period. Please note that an gpphcati~t atroroval DOES NOT conveva ri t to in operations. You MUST submit. and have approval Qfyour performance and financial warranties and receive your copy of the signedpermit document PRIOR to be ig_mring on-site mining activity. AUTOMATIC PERMIT APPROVAL; An automatic approval will occur where the Office fails to notify the applicanUoperatorrhat the application has been denied. This decision must be made ninety (90) calendar days from the date the application was determined to have been filed. However, the perfomrattce and financial wartanries must be submitted and approved by the Office before the permit will be issued even if you receive an automatic approval NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Section 34-32.5-109(1), C.R.S.).