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Page 22 <br />Construction Materials Rule 1 <br />above, and shall be conducted in conformance with the provisions of Section <br />24-4-105, C.R.S. <br />(a) Within ten (10) days of receipt of the letter of denial, the <br />Applicant shall file a statement of issues to be considered by the Board <br />at the hearing. The statement shall include an explanation of the <br />grounds for seeking a reversal of the Office's decision. <br />(b) If there are no other parties to the proceedings on the <br />application the Applicant may waive the statutory deadline for a final <br />decision. In that event, the Applicant shall file the statement of issues <br />to be considered by the Boazd at the hearing within sixty (60) days of <br />the receipt of the letter of denial <br />1.4.13 Automatic Application Approval <br />(1) If the Office or the Boazd fail to make a decision on a permit <br />application by the deadlines set forth in Pazagraphs 1.4.6, 1.4.7, 1.4.8; and <br />1.4.9, or as extended by Rule 1.8, the application shaIl be deemed approved and <br />the permit shall be granted upon submittal by the Applicant and approval by the <br />Office of the appropriate performance and financial warranties.. <br />(2) Where an Applicant has waived its right, in writing, to a <br />decision by the deadlines set forth in statute or by these Rules, the automatic <br />approval provisions of Pazagraph 1.4.13(1) shall not apply. <br />1.5 ANNUAL FEE <br />Each yeaz, on the anniversary date of the permit, the Permittee shall submit the <br />appropriate annual fee specified in Section 34-32.5-125(1), C.R.S. <br />1.6 PUBLIC NOTICE PROCEDURES <br />toe 1.6.1 OfficelBoard Procedures -Permit Application Decision Dates <br />(1) The Office shall give such notice for all types of mining <br />operations, including applications for: <br />