2003-09-03_PERMIT FILE - M2003072 (4)

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-~- APPLICATION REVIEN~ROCEDURES: The Office shall approve or deny the application within thirty (30) days of filing unless the date for consideration by die Qlfice is extended puusuant to Rule 1.8. The time for consideration shall not be extended beyond thirty (30) days after the last such change submitted. For complex applications, the review period may be extended an additional sixty (60) days. Please see Rule 1.1(10) for the definition of what constitutes a complex application. APPLICATION APPROVALtDENIAL: If the requiements of the Act and Mineral Roles Lave been satisfied, the Office will approve the application. The Act also provides for sutotnatic approval if no action is taken by the t?ffice by the end of the review period. Tf the Act and Regulation requirements have not been satisfied, the Office will deny the application. If the Office denies the application, you may appeal m the Board for a 5na1 determination by submitting a written request for adminisu-ative appeal to the Board within 60 days of the decision date (Rule 1.4.7). PERFORiy1ANCE AND FINANCIAL WARRANTIES: A performance warranty, and a fmancia] 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) TOT 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 ped'omrance warranty is required. Several different types of finaroial warranties are allowed by the law. Please review Rule 4.0 to determine which type of financial warranty you desue to use. You may obtain the appropriate warranty forms firm the Office during the application review period. Please note that an application apraoval DOES NOT convey a ri t to be i t operations. You MUST submit and have approval of your performance and financial wazrmmties and receive fur cow of the signed permit document PRIOR to be ip nnin¢ on-site minIng_acttviri AUTOMATIC PERMIT APPROVAL: An automatic approval will occur where the Office fai]s to notify the applicanUoperator that the application has been denied. This decision must be made thirty (30) calendar days from the date the application was determined to Lave been filed. However, the performance and fmancial warranties must be submitted and approved by the Office before the permit will be issued even if yon receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUID (Section 34-32.5-109(1), C.RS.). COMPLIANCE WITH OTHER LAWS: Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT relieve yon of your responsibility to comply wide all other applicable state and federal laws. We recommend that you contact the following agencies to determine whether you need to comply with their legal requirements: ~ The Cclczado State Historical Preservation Office regarding properties of hv-toricai sigwficance including Ute need for an azcheological survey, procedures for requesting a file search, and inventory forms to identity stmctures. c Colorado Division of Water Resources with regard to water rights; c Colorado Department of HeaNh, Water Quality Contml Division, with regard to the dtschazge of pollutants into the State waters; c Colorado Department of HeaNh, Air Pollution Control Division, with regard to the need for a fugitive dust permit; o U.S. Bureau of Land Management or the U.S. Forest Service if the proposed operation will occur on federal lands; c U. S. Army Corps of Engineers regarding a dredge and fill (404) permit; and e The Coanly Planning Department for the county of counties in which your proposed operation is located. Section 34-32.5-109(3), C.R.S. requires a mining operator to be responsible for assuring that the mining operation and the post-mining land ttise comply with local land use regulations and any master plan for extraction adopted pursuant to Section 34-1-304, C.R.S.