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<br />- m - <br />9. Prior to the Office malting a decision (consideration of the application), you MUST submit a copy ofthe proofof <br />publication from tbe 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 application within ninety (90) days of filing unless the date for consideration by the Office is <br />extended pursuant to Rule 1.8. The tune for consideration shall not be extended beyond ninety (90) days at3r~ the last sorb change <br />submitted. For complex applications, the review period may be extended an additional sixty (60) days. Please see Rule 1.1(10) far <br />the definition of what constitutes a tzmplex application. <br />APPLICATIONAPPROVAL/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 taken by the Office by the end of tbe review period. <br />If the Act and Regulation requirements have not been satisfied, the Office will derry the application. If the Office denies the <br />application, you may appeal to the Board far a final determination by submitting a written request for administrative appeal to the <br />Boatd within 60 days of the decision date (Rule 1.4.7). <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 decision <br />on the application has been made. If the applicant is a unit of state or wanly goverment, then ONLY a performance warranty is <br />required. <br />Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of financial <br />warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application review period <br />Please note that an application approval DOES NOT wnvev a ri t to begin operations. You MUST submit and have approval of <br />your performance and financial warranties and receive your wov of the simed cernit document PRIOR to beeinnin og n~site <br />minine activity. <br />AUTOMATIC PERMIT APPROVAL: <br />An automatic approval will occur where the Office fails to notify the applicandoperatortbatthe application has been 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 />