2003-05-13_REVISION - M1977342 (3)

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bond is posted by the operator with the State and held until reclamation is completed. The Office conducts inspections to verify that the site has been reclaimed according to the terms of the approved reclamation plan, the Act, Rules and Regulations. The Office, as part of the application review process, determines whether the reclamation plan submitted by the Applicant minimally meets the requirement of the Act, Rules and Regulations. Statutorily, if the Office or Board determine that the application and reclamation plan submitted by the Applicant minimally meets the requirements of the Act, Rules and Regulations, the application must be approved. A perrr~it, however, may not be issued until the Applicant posts the appropriate reclamation bond with the State. The reclamation bond must remain adequate and in good standing at all times duffing the life of the operation, to enable the State to hire a third party to complete reclamation, if, for any reason the permit is revoked and the bond is forfeited. THE ROLE OF THE APPLICANT: The Applicant has the burden of proving that the application submitted to the Office minimally meets the requirements of the Act, Rules and Regulations, and that all required notices have been posted or delivered within required timeframes. THE ROLE OF THE CITIZEN: Any citizen may become involved in the process either as a party or a non-party. A person may only become a party by two methods. 1. Any person that submits a written statement supporting or objecting to ,. the application or a petition for a hearing during the public comment period is considered a party to the application process, unless that person specifically states in writing that they do not wish to be a party. 2. Any person may also become a party by submitting a written petition for party status according to the provisions of Rule 2.6(1). A written petition for parry status is required of anyone wishing to become a party, but did not submit a written statement supporting or objecting to the application, or a petition for a hearing during the public comment period. A written petition for party status is submitted to the Board. The Board will consider the petition for party status during the Formal Hearing set to consider the application.