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Division Procedures: <br />The Division shall review the complete Notce of Intent to Conduct Coal Exploration and shall make a <br />determination within two weeks of the filing of such complete Notice, whether the proposed <br />exploration will substantially disturb the natural land surface, and if so, whether the proposed activity <br />qualifies as coal exploration or surface coal mining operations. The Division shall immediately <br />notify you in writing of its determination. The detP*~*+;nation of substantial disturbance shall include, <br />but not be limited to, consideration of the performance standards listed in Rule 4.21.4. If the <br />Division detemvnes that the proposed coal exploration activities will substantially disturb the natural <br />land surface, you must comply with Rule 4.21. (NO'T'E: If you feel that the activities will <br />substantially disturb the land, as "substantially disturb" is defined by Rule 1.04, you may attach or <br />enclose your exploration and reclamation plan as it complies with Rule 4.21.) <br />2. If the Division detemunes that the proposed coal exploration activities qualify as surface coal mining <br />operations, the application shall be returned to the person with the written detemvnation. The person <br />shall be informed of his rights to appeal such determinations and that conduct of any activities <br />included in the application are prohibited until a valid mining and reclamation perrnit is obtained. <br />-5- <br />