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-iii- <br />9. Prior to the Office makimg a decision (consideration of the applir~tion), you MUST submit a cagy ofthe proof <br />ofpnblication licm the newspapea andproofaf all regcrined notices. Prnafofthe notices may be by submitting copies <br />of return receipts of a certified mailing ar by proof ofpersonal service (Rttles 1.4. i(4),1.42(4)(c),1.62(lXa~ii), and <br />1.6.2(1)(8)). <br />The copy of the application and a~ changes ar additons placed at the office of the ernmty cloak or recorder shall NO'C be recorded, <br />but shall be retained there for at least sixty {60) days after a decision on the application by ilre Office and be available for <br />inspection during this period. At the end of this period, the applicatiart may be reclaimed by the applicant ar destroyed (Rule <br />1.62(2)). <br />APPLICATION REVIEW PROCEDURES: <br />The Office shall approve ar dewy the application within ninety (90) days of Sling unless the date far c~sideratiari by the Office <br />is extemled pursuarrt to Role 1-8. The time for oomsideratio~n shaIl not be extended beyond ninety (90) days a8er the last such <br />change sabmiued. Far compLac applications, the review period may be extended an addmional sixty (60) days- Please see Rule <br />i.l(IO} for the definition of what constitutes a complex application. <br />APPLICATION APPROVAL/DENIAL: <br />If the requirements of the Act and Mineral Rules have been satisfied, the Office will approve the application. The Act also <br />provides for auWmatic appmvai ifno action is taken by the Office by dre end of the review period. <br />If the Ad and Regulation regtrire~nts have nar been satisfied, the Office will deny the app&cation. If the OtTrce dceies the <br />application, you may appeal to the Board for a Seal determination by submitting a written request for administrative appeal to <br />the Board within 60 days of the decision date (Rule 1.4. ~. <br />PERFORMANCE AND FINANCIAL WARRANTIES: <br />A performance warranty, and a Snancial waaanty dollar amonat determined during the application review princess, must be <br />submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted. tmtil a decision <br />on the application has been made. ff the applicmrt is a unit of state or cojmty government, then ONLY a performance warranty <br />is required. <br />Several different types of financial warrffitties are allowed by the law. Please review Rule 4.0 to deterniine which type of financial <br />warranty you desire to use. You may obtain the appropriate warranty forms Ii-om the 013ice during the applicaticxi review period. <br />Please note that an application approval DOES NOT convey a right to be ~i~n operations. You MiJST submit. grid hone approval <br />of your performance and financial warranties. and receive your copy of the sieved nermit document PRIOR to 1•rezr9irmins on-site <br />mining activity. <br />AUTOMATIC PERMIT APPROVAL: <br />An automatic approval will occur where the OIBce fails to notify the applicant/operatorthot the application has been denied. This <br />decision must be made ninety {90) calendar days from the date the application was detemrined to have been filed. However, the <br />performance and financial warranties must be submitted and approved by the Office before the permit will be issued even if you <br />receive an automatic approval. NO MINING OPERATIONS SHALL' BEGIN UNTIL A PERMIT IS ISSUED <br />(Section 34-32.5-109(1}, C.RS.}. <br />