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Division Procedures <br />The Division shall review the complete Notice of Intent to Conduct Coal Exploration and <br />shall make a determination within two weeks of the filing of such complete Notice, whether <br />the proposed exploration will substantially disturb the natural land surface and, if so, whether <br />the proposed activity qualifies as coal exploration or surface coal mining operations. The <br />Division shall immediately notify you in writing or its determination. The determination of <br />substantial disturbance shall include, but not be limited to, consideration of the performance <br />standazds listed in Rule 4.21.4. If the Division determines that the proposed coal exploration <br />activities will substantially disturb the natural land surface, you must comply with Rule 4.21. <br />(Note: If you feel that the activities will substantially disturb the land as "substantially <br />disturb" is defined by Rule 1.04, you may attach or enclose your exploration and reclamation <br />plan as it complies with Rule 4.21.) <br />2. If the Division determines that the proposed coal exploration activities qualify as surface <br />coal mining operations, the application shall be returned to [he person with the written <br />determination. The person shall be informed of his rights to appeal such determination and <br />will also be informed that conduct of any activities included in the application aze prohibited <br />until a valid mining and reclamation permit is obtained. <br />\COAL\SHARE\FORMS\EXPL.APP <br />