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• -2- • <br />Opon filing the application, place for public review a copy of the application, lees <br />confidential items, with the clerk and recorder of the county or counties in which the <br />affected land is located. Any changes or additions made to an application following <br />submittal must be filed with the county clerk and recorder. You must also provide the <br />Office with an affidavit or receipt demonstrating that the change was filed with the county <br />clerk and recorder no later than the close of business on the day the change was filed with <br />the Office (Rule 1.8.1). The copy of the application and any changes or additions placed <br />at the office of the county clerk and recorder shall not be recorded, but shall be retained <br />there for at least sixty (60) days after a decision on the application by the Office and <br />be available for inspection during this period. At the end of this period, the application <br />may be reclaimed by the applicant or destroyed (Rule 1.6.2(2)). <br />Prior to the Office making an approval decision (consideration of the application), you <br />must submit proof of publication and proof of all required notices. Proof of notice may <br />be by submitting return receipts of a certified mailing or by proof of personal service <br />(Rules 1.6.2 and 1.6.5). <br />Application Review Procedures: <br />When the Office receives the application form, all required exhibits and tike application <br />fee, the Office will set a date for consideration of the application. This date will be <br />within 90 days. of the date of submittal. The date set for consideration may be extended, <br />pursuant to Rule 1.4.5(3), if you change or make additions to the application (Rule 1.8). <br />The Office may schedule an informal conference on the application. You many also request <br />an informal conference. Please consult Rule 1.4.6 for the procedures on informal <br />conferences. <br />During the 90-day review period, the Office will review your application to determine if <br />it is technically adequate and meets the requirements of the Act and Mineeral Rules and <br />Regulations. You will be notified if any deficiencies exist and will be asked to respond <br />prior to the date set for consideration of the application. <br />The Office will issue its decision on or before the date set for consideration of the <br />application. The decision will be either to: (1) approve; (2) approve with conditions; <br />(3) deny; or, (4) set the application for a hearing before the Board. Any conditions upon <br />approval, unless agreed to by the applicant, shall be treated as a denial. The grounds <br />for denial, approval with conditions, or approval over an objection will b~: set forth in <br />writing (Rule 1.4.8). <br />A hearing will automatically be scheduled if the Office's decision is: (].) denial; (2) <br />approval when objections have been received; (3) approval with conditions ~rhen these are <br />unacceptable to the applicant; or, (4) the Office chooses to set a hearin<) because of a <br />decision requiring Board policy. <br />In the event the Office sets an application for a hearing without issuing a decision, the <br />Office will issue a recommendation to the Board and will identify the issues raised in the <br />adequacy review or by objections filed with the Office. The Office will mail a copy of <br />the recommendation to all parties to the hearing (Rule 1.4.5(6)). <br />Performance and Financial Warranties: <br />A performance rarranty and a financial warranty, in an amount determined as apart of the <br />application review, must be submitted to the Office prior to permit issc+ance. if the <br />applicant is a unit of state or county government, then only a performance warranty is <br />required. Several different types of financial warranties are allowed by th.e law. Please <br />review Rule 4 to determine which type of financial warranty you desire to use. You may <br />obtain the appropriate forms during the application review period. A fina+zcial warranty <br />should not be submitted until a decision on the application has been made. <br />Compliance with Other Laws: <br />Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board does <br />not in any way relieve you of the responsibility to comply with all other ap~olicable state <br />and federal laws (Section 34-32-115(4)(c) and 109(5), C.R.S. 1984, as amended). At a <br />minimum, you MtTST contact the following agencies to determine whether or not you need to <br />comply with their legal requirements: <br />