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iii - <br />9. Prior to the Office malting a decision (consideration of the application), you MUST submit a copy of the proof of <br />publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting copies of <br />return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c),1.6.2(1)(a)(ii), and <br />1.6.2(1)(8)). <br />The copy of the application and a~ changes or additons placed at the office of the county clerk or recorder shall NOT be recorded, <br />but shall be retained there for at least sixty (60) days after a decision on the application by the Office and be available for <br />inspection during this period. At the end of this period, the application may be reclaimed by the applicant or destroyed <br />(Rule 1.6.2(2)). <br />APPLICATION REVIEW PROCEDURES: <br />The Office shall approve or deny the apphcation within ninety (90) days of filing unless the date for consideration by the Office is <br />extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond Winery (90) days after the last such change <br />submitted. For compkx applications, the review period may be extended an additional sixty (60) days. Please see Rule 1.1(10) for <br />the definition of what constitutes a complex application <br />APPLICATION APPROVAL/DENIAL: <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 takes by the Office by the end of the review period. <br />If the Act and Regulation requirements have not been satisfied, the Office will dew the application. If the Office denies the <br />application, you may appeal to the Board for a final determination by submitting a written request for administrative appeal to the <br />Board within 60 days of the decision date (Rule 1.4.'n. <br />PERFORMANCE AND FINANCIAL 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 permit issuance. A financial warranty should NOT be submitted until a decisi~ <br />on the application has been made. If the applicant is a unit of state or county government, then ONLY a performance waaanty is <br />required. <br />Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type offinancial <br />warranty you desire W trse. You may obtain the appropriate warranty forms from the Office during the application review period. <br />Please note that an anphcation approval DOES NOT convey a rieht to beein operations You MUST enhmit and have approval of <br />your performance and financial warranties. and receive your copy of the sig~pemrit document PRIOR to berg nni g on-site <br />mining activity. <br />AUTOMATIC PERMIT APPROVAL <br />An automatic approval will occur where the Office fails to notify the apphcandoperatorthat tbeapplication has bear 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 IS ISSUED <br />(Section 34-32.5-109(1), C.RS.). <br />