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:11 - <br />9. Prior to [he Office making a decision (consideration of the application), you IvfUST submit a copy of the proof <br />of publication from the newspaper and proof of al] required notices. Proof of the notices may be by submitting <br />copies of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c), <br />1.6.2(1)(a)(ii), and 1.6.2(I)(g)). <br />The copy of the application and any changes or additions placed at the office of the county clerk or recorder shall NOT be <br />recorded, but shall be retained there for at least sixty (60) days after a decision on the application by the Office and.be available <br />for inspection during this period. At the end of this period, the application may be reclaimed by the applicant or destroyed (Rule <br />1.6.2(2)). <br />APPLICATION REVIEW PROCEDURES <br />The Office shall approve or deny the application within ninety (90) days of filing unless the date for consideration by the Office <br />is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond nurety (90) days after the last such <br />change submitted. For complex applications, the review period maybe extended an additional sixty (60) days. Please see Rule <br />L 1(10) for the definition of what constitutes a complex application. <br />APPLICATION APPROVAL/DEMAL: <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 automatic approval if no action is taken by the Office by the end of the review period. <br />If the Act and Regulation requirements have not been satisfied, the Office will deny the application. If the Office denies the <br />application, you may appeal to the Boazd for a final determination by submitting a written request for administrative appeal to <br />• the Boazd within 60 days of the decision date (Rule 1.4.7). <br />PERFORMANCE AND FINANCIAL WARRANTIES: <br />A performance warranty, and a.financial warranty dollar amount determined during the application review process, must be <br />submitted and approved by the Office PRIOR to pemvt issuance. A financial warranty'should NOT be submitted until a decision <br />on the application has been made. If the applicant is a unit of state or county govenunent, then ONLY a performance warranty <br />is required. <br />Several different types of financial warranties are allowed by the law. Please review Ru]e 4.0 to detemrine which type of financial <br />warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application review period. <br />Please note that an application approval DOES NOT convey a rieht to beein operations You MUST submit, and have approval <br />of your performance and financial warranties, and receive your copy of the sim_ed permit document PRIOR to beeinnine on-site <br />mining-actrvrty. <br />AUTOMATIC PERMIT APPROVAL <br />An automatic approval will occur where the Office fails to notify the applicandoperator that the application has been denied. This <br />decision must be made ninety (90) calendar days from the date the application was detemtined 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.R.S.). <br />U <br />