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i[i - <br />~QIY\ 9. Prior to the Office matting a decision (consideration of the application), yeu MUST submit a copyof 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 1.4.1(4}, 1.41(4xc), <br />1.6.2(i)(a)(ii), and L6.2(txg)). <br />The copy of the application and any changes or additons placed at the ofFice of the county clerk or recorder shall IOT 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. A[ the end of this period, the application may be reclaimed by the applicant or destroyed <br />(Rule 1.6.2(2)). <br />APPLICATION REVIEW PRpCEDURES: <br />The OITice shall approve or deny the application within ninety (90) days of filing unless the date for consideration by the Office <br />is extended putsuam to Rule i.B, The time for consideration shall not tie a#ended bcymtd ninely (90) days after the test such <br />change submitted. For complex applications, the review period tray be extended an additions! sixty (60) days. Please see Mute <br />1.1(10) for the definition of whai constitutes a complex application. <br />APPLICATION APPROVALlDEN1AL: <br />[f the requirements of the Ad 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 Otl'ice will deny the application. Ifthe Office denies tfie <br />application, you may appeal to the Board for a final detenttirtation bysubmitting awrittenrequest for administrative appeal to <br />the Board within tip days of the decision date (Rule 1.4.7). <br />PERF~1jMANCE AND~'INANCIAL 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 pemrit issuance. A financial warranty should NOT be submitted until a <br />decision on the application has been made, If the applicant is a unit of state ar county government, then ONLY a performance <br />warratriy is required. <br />Several different types of financial warranties are allowed by the law, Please review Rule 4.0 to determine which type of <br />financial warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application <br />review period. <br />Please note at an application approval DOES NOT convey a right to begin operations. You MUST subnn~and have atrorov~al <br />our e fi iatw ti dreceive ur off si d RIORlo oa-site <br />rrrip jig activity. <br />~'OMATIC PERl,-~IT APPROVAL: <br />An automatic approval will occur where the Office fails to notify the appticanUopexatorthat the application bas been denied. <br />This decision must be made ninety (9p) calendar days from the date the application was determined to have been filed. <br />However, the performance and financial warranties must he submitted and approved by the Office before the permit will be <br />issued oven if you receive an autoratic approval NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMJT [S <br />ISSUED (Section 34-32.5-t09(l), C.R.S.), <br />