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s <br />-z- <br />approved by the Board, to the local board of county commissioners and, if the mining <br />operation is within the boundaries of a soil conservation district, to the board of <br />supervisors of the soil conservation district, prior to filing the application. A copy of <br />these "Notice of Piling Application" forme have been attached for your use. You must include <br />~ proof of such mailings with the application at the time the application ie submitted to the <br />Office for filing (Rules 1.6.2 and 1.6.3). <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 Office <br />a with an affidavit or receipt demonstrating that the change was filed with the county clerk <br />and recorder no later than the close of business on the day the change was filed with the <br />Office (Rule 1.8.1). The copy of the application and any changes or additions placed at the <br />office of the county clerk and recorder shall not be recorded, but shall be retained there <br />for at least sixty (60) days after a decision on the application by the Office and be <br />available for inspection during this period. At the end of this period, the application may <br />be reclaimed by the applicant or destroyed (Rule 1.6.2(2)). <br />~ Prior to the Office making an approval decision (consideration of the application), you must <br />submit proof of publication and proof of all required notices.. Proof of notice may be by <br />submitting return receipts of a certified mailing or by proof of personal service (Rule <br />1.6.1(f)). <br />Application Review Procedures: <br />~ The Office shall approve or deny the application within thirty (30) days of filing unless the <br />date for consideration by the Office ie extended pursuant to Rule 1.8. The time for <br />consideration shall not be extended beyond thirty (30) days after the last such change <br />submitted. For complex applications, the review period may be extended an additional sixty <br />(60) days. Please see Rule 1.1(9) for the definition of shat may constitute a complex <br />application. <br />~ if the requirements of the Act and Mineral Rules have been eatiefied, the Office will approve <br />the application. The Act also provides for automatic approval if no action ie taken by the <br />Office by the end of the review period. <br />If the Act and Regulation requirements have not been eatiefied, the Office sill deny the <br />application, if the Office denies the application, you may appeal to the Board for a final <br />determination by submitting a written request for administrative appeal to the Board within <br />~ 60 days of the decision date. (Rule 1.4.7) <br />Performance and Financial Warranties: <br />A performance warranty and a financial warranty, in an amount determined as a part of the <br />application review, must be submitted and approved by the Office prior to permit issuance. <br />if the applicant is a unit of state or county government, then only a performance warranty <br />~ is required. Several different types of financial warranties are allowed by the law. Please <br />review Rule 4.0 to determine which type of financial warranty you desire to use. You may <br />obtain the appropriate forme from the Office during the application review period. A <br />financial warranty should not be submitted until a decision on the application has been made. <br />Please note that an application approval oe not convey a right to begin operations. You <br />must submit, and have approval of your performance and financial warranties, and receive your <br />copy of the signed permit document prior to beginning on-site mining activity. <br />Compliance With Other Lawe: <br />Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board does <br />not relieve you of your responsibility to comply with all other applicable state and federal <br />laws (Sections 34-32-115(4)(c) and 34-32-109(5), C.R.S. 1984, ae amended). At a minimum, you <br />MUST contact the following agencies to determine whether you need to comply with their legal <br />requirements: <br />The Colorado State Historical Preservation Office regarding properties of <br />historical significance including the need for an archeological survey, <br />procedures for requesting a file search, and inventory forma to identify <br />structures. <br />• <br />