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Page 102 <br />Construction Materials Rule 4 <br />(4) Where the Office fmds that a Permittee has not complied with <br />the applicable requirements of the Ac[, Rules and Regulations, or the approved <br />reclamation plan, it shall advise the Permittee of such non-compliance not more <br />than sixty (60) calendar days after the date of the inspection. <br />(5) Where the Office finds that a Permittee has successfully complied <br />with the requuements of the Act, Rules and Regulations, and the approved <br />reclamation plan, the Office shall release all applicable performance and <br />financial warranties. Release (pending an appeal) shall be in writing and mailed <br />within thirty (30) calendar days to the Permittee after the date of such fmdings. <br />However, an appeal to the release of the fmancial and performance watranties <br />shall stay the release on the thirtieth (30) day pending a Formal Boazd Hearing. <br />(6) Notice of the Office's decision to release the Permittee from <br />further reclamation responsibility shall be published in the next monthly agenda <br />of the Board. <br />4.17 PUBLIC NOTICE OF RELEASE OF FINANCIAL WARRANTY <br />t to Any aggrieved Person has the right to file a written objection to and any <br />interested person may submit written comments on the request for reclamation <br />responsibility release so long as such comments are received by the Office <br />within fifteen (15) days of notice by the Office to the county(s) and all owners <br />of record to the affected land. <br />4.18 GENERAL PROVISIONS -APPEALS TO DECLSION -RELEASE OF <br />FINANCIAL WARRANTY <br />(1) Any person directly and adversely affected or aggrieved by an <br />Office decision to approve or deny the request for reclamation responsibility <br />release and whose interest is entitled to protection under the Act may appeal the <br />decision to the Board by submitting a request for Administrative Appeal to the <br />Office according to the provisions of Section 1.4.11. The request for <br />Administrative Appeal must specify the basis for being directly and adversely <br />affected or aggrieved, a statement of why the person's interest is protected by <br />the Act, the permit number assigned by the Office and include a statert~ent of <br />the factual and legal issues presented by the appeal. <br />