REV92047

• Permit No: M1985043
• IBM Index Class Name: Revision
• Doc Date: 3/19/2001
• To: DMG
• Type & Sequence: AM2
• Media Type: D
• Archive: No

APPLICATION FORA HEARING TO DETERMINE WHETHER A PERMIT SHOULD BE
GRANTED.
(2) PRIOR TO HOLDING A HEARING, THE BOARD OR THE OFFICE
SHALL PROVIDE NOTICE TO ANY PERSON WHO FILED A PROTEST OR PETITION
FOR A HEARING OR STATEMENT IN SUPPORT OF AN APPLICATION PURSUANT
TO SECTION 34-32.5-114. NOTICE OF THE TIME, DATE, ANO LOCATION
OF THE HEARING SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL
CIRCULATION IN THE LOCALITY OF THE PROPOSED MINING OPERATION ONCE
A WEEK FOR THE TWO CONSECUTIVE WEEKS IMMEDIATELY PRECEDING THE
HEARING. THE HEARING SHALL BE CONDUCTED PURSUANT TO ARTICLE 4 OF
TITLE 24, C.R.S. A FINAL DECISION ON THE APPLICATION SHALL BE
MADE WITHIN ONE HUNDRED TWENTY DAYS AFTER THE RECEIPT OF THE
APPLICATION. IN THE EVENT OF COMPLEX APPLICATIONS, SERIOUS
UNFORESEEN CIRCUMSTANCES, OR SIGNIFICANT SNOW COVER ON THE
AFFECTED LAND THAT PREVENTS A NECESSARY ON-SITE INSPECTION, THE
BOARD MAY REASONABLY EXTEND THE TIME IN WHICH A FINAL DECISION
MUST BE MADE BY SIXTY DAYS.
(3) IF ACTION UPON AN APPLICATION IS NOT COMPLETED WITHIN
THE PERIOD SPECIFIED 1N SUBSECTION (2) OF THIS SECTION, THE PERMIT
SHALL BE CONSIDERED TO BE APPROVED AND SHALL BE PROMPTLY ISSUED
UPON .PRESENTATION BY THE APPLICANT OF A FINANCIAL WARRANTY IN THE
AMOUNT OF TWO THOUSAND DOLLARS PER ACRE AFFECTED, OR SUCH OTHER
AMOUNT AS DETERMINED BY THE BOARD.
(4) IN THE DETERMINATION OF WHETHER THE BOARD OR THE OFFICE
SHALL GRANT A PERMIT TO AN OPERATOR, THE APPLICANT MUST COMPLY
WITH THE REQUIREMENTS OF THIS ARTICLE AND SECTION 24-4-105 (7),
C.R.S. THE BOARD OR OFFICE SHALL NOT DENY A PERMIT EXCEPT ON ONE
OR MORE OF THE FOLLOWING GROUNDS:
(a) THE APPLICATION IS INCOMPLETE AND THE PERFORMANCE AND -
FINANCIAL WARRANTIES HAVE NOT BEEN PROVIDED;
(b) THE APPLICANT HAS NOT PAID THE REQUI.RED FEE;
(c) ANY PART OF THE PROPOSED MINING OPERATION, THE
RECLAMATION PROGRAM, OR THE PROPOSED FUTURE USE IS CONTRARY TO THE
LAWS OR REGUTATIONS OF THIS ARTICLE;
(d) THE PROPOSED MINING OPERATION, THE REELAMATION PROGRAM,
OR THE PROPOSED FUTURE USE I5 CONTRARY TO THE LAWS OR REGULATIONS
OF THIS STATE OR THE UNITED STATES, INCLUDING BUT NOT LIMITED TO
ALL FEDERAL, STATE, AND LOCAL PERMITS, LICENSES, AND APPROVALS,
AS APPLICABLE TO THE SPECIFIC OPERATION.
(e) THE MINING OPERATION WILL ADVERSELY AFFECT THE
STABILITY Of ANY SIGNIFICANT, VALUABLE, AND PERMANENT MANMADE
STRUCTURES LOCATED WITHIN TWO HUNDRED FEET OF THE AFFECTED LAND;
EXCEPT THAT THE PERMIT SHALL NOT BE DENIED ON THIS BASIS WHERE
THERE IS AN AGREEMENT BETWEEN THE OPERATOR AND THE PERSONS HAVING
PAGE 19-SENATE BILL 95-156