2003-01-07_REVISION - M1974069 (2)

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-iii- ~ 9. Prior to the Office making a decision (consideration of the application), you MUST submit a copy of the proof ofpubfication from the newspaper and proofof alt required notices. Proof of the notices may be by submitting copies of return receipts of a certified marling or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c), 1.6.2(l~a)(6), and 1.6.2(1)(8)). The copy of the application and any changes ar additons placed at the office of the county clerk or recorder shall NOT be recorded, but shall be retained there for at least sixty (60) days after a decision on the application by the Office and be available for inspection during this period. At the end of this period, the application may be reclaimed by the applicant ar destroyed (Rule 1.6.2(2)). APPLICATION REVIEW PROCEDURES: The Office shall approve or deny the application within ninety (90) days of filing unless the date for consideration by the Office is extended pursuant to Rule I.B. The time for consideration shall not be extended beyond ninety (90) days after the last such change submitted. For complex applications, the review period may be extended an additional sixty (60) days. Please see Rule 1.1(10) for the definition of what constitutes a complex application. APPLICATIONAPPROVAL/DENIAL: If the requirements of the Act and Mineral Rules have been satisfied, the Office will approve the application. The Act also provides far automatic approval if no action is takes by the Office by the end of the review period. If the Act and Regulation requirements have not been satisfied, the Office will deny the application. If the Office denies the application, you may appeal to the Board for a final determination by submitting a written request for administrative appeal to the Boazd within 60 days of the decision date (Rule 1.4.7). PERFORMANCE AND FINANCIAL WARRANTIES: A performance warranty, and a financial warranty dollaz amount determined during the application review process, must be submitted and approved by the Office PRIOR to pemtit issuance. A financial warranty should NOT be submitted until a decision on the application has been made. If the applicant is a unit of state or county government, then ONLY a performance warranty is required. Several du`ierent types of financial warranties aze allowed by the law. Please review Rule 4.0 to detemtine which type of financial warranty you desire touse- You mac obtain the appropriate warranty forms from the Office during the appliption review period. Please note that an application aonroval DOES NOT convey a ri t to be in operations. You !~IUS =submit. and'na~ a approval of your performa^.: a and fin~rcia] warran~es. and rceive .our coRv oti the siened permit .?ocLS:en* P~;OR_ to be ~nsicv ar,-site minim activity - - AUTOMATIC PERMIT APPROVAL An automatic approval will xcur where the Office fails to notify the applicant/operator that the application has been denied- This decision must be made ninety (90) calendar days from the date the appEcation teas determined to have been filed. However, the perfcr_nance aztd financial csa:.aaties must be submitted a:.L approved by the G*_"5ce before the permit wiA be issued even ifyou receive au automatic approval. NO HAVING OPERATIONS SHALL BEGIN UNTII. A PERMIT IS ISSUED (Section 34-32.5-109(1), C.RS.).