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.< <br />Division Procedures: <br />1. 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, <br />whether the proposed activity qualifies as coal exploration or surface coal mining <br />operations. The Division shall immediately notify you in writing of its determination. The <br />determination of substantial disturbance shall include, but not be limited to, consideration of <br />the performance standards listed in Rule 4.21.4. If the Division determines that the <br />proposed coal exploration activities will substantially disturb the natural land surface, you <br />must comply with Rule 4.21. (NOTE: If you feel that the activities will substantially <br />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 determines that the proposed coal exploration activities qualify as surface <br />coal mining operations, the application shall be returned to the person with the written <br />determination. The person shall be informed of his rights to appeal such determinations and <br />that conduct of any activities included in the application are prohibited until a valid mining <br />and reclamation permit is obtained. <br />m:\coal\share\forms\NO[ App <br />-5- <br />