2002-12-03_PERMIT FILE - M2002118

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-iii- 9. Prior to the Office making a decision (consideration of the application), you MUST submit a cePy of the proof ofpublication from dine newspaper and proofof alt requited notices. Proof of the notices maybe by submitting copies of return receipts of a ceatified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c),1.6.2(l~a)(ii), and 1.6.2(1)(8)). The copy of the application and ammy changes or additons placed at the office of the county clerk or recorder shall NOT be recorded, but shall be retained there for at least sixty (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 reclaimed by the applicant or destroyed (Rule 1.6.2(2)). APPLICATION REVIEW PROCEDURES: The Office shall approve as deny the application within ninety (90) days of filing unless the date for consideration by the Office is extended pursuant t o Rule 1.8. The time for consideration shall not be extended beyond ninety (90) days after the last such change submitted. For complex appflcations, the review period may be extended an additional sixty (60) days. Please see Rute 1.1(10) for the definition of what constitutes a complex application. APPLICATION APPROVAL/DE1yIAL: 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 revtew 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 Boazd for a final determination by submitting a written request for administrative appeal to the Board within 60 days of the decision date (Rule 1.4.7). PERFORMANCE AND FINANCIAL WARRANTIES: A performance warranty, and a financial warranty dollar amount determined during the application review process, must be submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a decision on the application has been made. If the applicant is a unit of state or county government, then ONLY a performarmce warranty is required. Several duierenl types of fmanciai warranties are allowed by the law. Please review Rule 4.0 to determine which type of financial warranty you desire to tree. You mnav obtain the appropriate warranty formes from the Office during the application review period. Please note that an application approval DOES NOT convey a ri t to bean operations. You MUST submit and'aaee aoproval of your ~erfotma~*ce and £rm: rmcial warrantees. and receive.. ;ur co~v of the simed vermit ~ect:r~erm: P?uOR to begin ~ic~ on-site minim activiri. AUTOMATIC PERMIT APPRO VAL An automatic approval will occur where the Office fails to notify the appficaat/operator that the application has been denied. This decision must be made ninety (90) calendaz days from the date the application vvs detem+-firmed to have been filed. However, the perfc*marce amend financial pan.-,a;ties nrast be submittec a. approved by the Ox"5ce before ilme pernvt will be issued er-en if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Section 34-32.5-109(1), C.RSJ.