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<br />iii - <br /> <br />9. Prior to the OILce malting 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 <br />copies of return receipts of a certified mailing or by proof of personal service (Rules 1.4. I (4), I.4.2(4)(c). <br />1.6.2(I)(a)(ii), and 1.6.2(I)(g)). <br />The copy oC [he 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 maybe 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 ~+ithin ninety (90) days of filing unless the date for consideration by the Officc <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 may be extended an additional sixty (60) days. Please see Rule <br />1.1(10) for the defmition of what constitutes a complex application. <br />APPLICATION APPROVALlDENIAL: <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 Offfce will deny the application. (f the Office denies the <br />application, you may appeal to the Board for a Cmal 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 dollaz amount determined during the application review process, must be <br />submitted and approved by the Office PR[OR to perrrtit issuance. A financial waranty'should NOT be submitted until a decision <br />on the application has been made. If the applicant is a unit of state or county government, then ONLY a performance warranty <br />is required. <br />Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of financial <br />warranty you desire to use. You may obtain the appropriate warranty forms liom the Office during the applicatian review period. <br />Please note that an application approval DOES NOT concexa rieht to beein ocerations You MUST submit and have approval <br />of your performance and financial warranties and receive your copy of the signed permit document PRIOR to be nning on-site <br />mining activih•. <br />AUTOMATIC PERMIT APPROVAL: <br />An automatic approval will occur where the Once 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 determined 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 [S ISSUED <br />(Section 34-32.5-I09(I), C.RS.). <br />