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-iii- <br />_ 9. Prior to the Office making a decision (consideration of the application), you MUST submit a copy of the proof <br />of publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting copies <br />of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), ].4.2(4)(c), 1.6.2(1)(a)(ii), and <br />1.6.2(1)(g)). <br />The copy of the application and any changes or additons placed at the office of the county clerk or recorder shall NOT be recorded, <br />but shall be retained there for at least sixty (60) days after a decision on the application by the Office and be available for <br />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 ninety (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 />1.1(10) for the defuution of what constitutes a wmplex 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 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 fmal determination by submitting a written request for administrative appeal to the <br />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 dollaz amount determined dtuing the application review process, must be <br />submitted and approved by the Office PRIOR to permit issuance. A fmancial warranty should NOT be submitted until a decision <br />on the application has been made. If the applicant is a uttit of state or county government, then ONLY a performance warranty <br />is required. , <br />Several different types of financial warranties aze allowed by the law. Please review Rule 4.0 to determine which type of fmancial <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 begin operations. You MUST submit, and have annroval <br />of your performance and fmancia] warranties, and receive your cony of the si r>' i~d permit document PRIOR to beEinnin o~te <br />minine activity. <br />AUTOMATIC PERMIT APPROVAL <br />An automatic approval will occur where the Office fails to notify the applicantloperator that the application has been denied. This <br />decision must be made ninety (90) calendaz days from the date the application was determined to have been filed. However, the <br />performance and fmancial 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.SJ. <br />