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JAN-23-02 05:43 PM VRRRR COMPRNIES <br />Pine 1U2 <br />Cnnstructinn Materials Rule 4 <br />970 353 4047 <br />(4) Where the Ollice finds chat a Permittcc has npt complied with <br />the applicable reyuu~ements of [hc Act, Rules and Regulatiots, or the approved <br />reclamation plan, it shall advise the Pcrmitlee of such non-compli;mce not mare <br />than sixty (6U) calendar days after the date of the inspection. <br />(5) Where the OIlice finds tlt;tt a Pemuttec has successfully complied <br />with the requirements of the Act, Rules and Regulations, and the approved <br />reclamation plan, the Office shall rclcase all applicable performance and <br />financial warratuies. l;clcase (pending an appeal) shall be tit writing and mailed <br />within thirty (3p) calendar days to the Permittce alter the date of such findinKs. <br />However, an appeal to the release of die financial and performance warranties <br />shall stay the relcasc on the thuticth (30) day pending a Formal Board Hearing. <br />(6) Notice of the Ofticc's decision to rclcase the Pennittce from <br />further reclamation responsibility shall be published in the next monthly agenda <br />pf the Board. <br />4.17 PUBLIC NUTICE Uk' RELEASE Olr FINANCIAL WARRANTY <br />1 to Any aggrieved Persnn has the right to file a written objection to and any <br />interested person may submit wriuen comments on the reyucst for reclamation <br />responsibility release so long as such comments arc received by the Office <br />within titteen (15) days of notice by the Office to the coumy(s) anA all owners <br />of rcwrd to the afl'ccted land. <br />4.1R GENERAL, PROVISIONS - APPEAi,S 1'O DECISION - 1tELEASE 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 />relcasc and whose interest is enticed to protection under the Act may appeal the <br />decision to the Board by submitting a request for Atlmini-~trative Appeal to the <br />Ol~Tice according to the provisions of Section 1.4.1]. 1'he request for <br />Administrative Appeal must specity the basis for being duectly and adversely <br />atTccted or aggrieved, a statement of why dtc person's vttcrest u protected by <br />the Act, the permit number assigned by the Office and include a statentenl. of <br />the factual and legal issues prescntetl by the. appeal. <br />P. 10 <br />