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<br />Page 26 <br />34-32-113 <br />board shall release applicable performance and financial <br />warranties. <br />(7> The financial warranty shall not be held for more <br />than thirty days after the completion of the reclamation. <br />(8> The board is authorized to inspect any ongoing <br />prospecting operation or any prospecting operation prior to the <br />request for release of performance and financial warranties, in <br />order to determine compliance with the terms of this article. <br />34-32-114. Protests and petitions for a hearing. <br />Any person has the right to file written objections to or <br />statements in support of an application for a permit with the <br />board. Such protests or petitions for a hearing shall be timely <br />filed with the board not more than twenty days after the date of <br />last publication of notice pursuant to section 34-32-112 (10). <br />For good cause shown in the protest or petition documents, the <br />board, in its discretion, may hold a hearing pursuant to section <br />34-32-115 on the question of whether the permit should be <br />granted. The applicant shall be notified within ten days of any <br />objections to his appllcatlon and be supplied with a copy of the <br />written objections. <br />34-32-115. Action by board - appeals. <br />(1) Upon receipt of an application for a permit and all <br />fees due from the operator, the board or the division shall set <br />a date for the consideration of such application not more than <br />ninety days after the date of filing. At that time the board or <br />the division shall approve or de_,y~the~application or, for good <br />cause shown, ~,eferstheT3j caf on'>`or a'hPdi'1PIg'on the question <br />of whether the permit should be granted. <br />(2) Prior to the holding of any such hearing, the board <br />or the division 4hall~prbvfde-notice•to any per'son~previousl'y <br />filing a protest"or~petition for-a hearing or"statement in <br />support of an application pursuant to section 34-32-114 and <br />shall publish notice of the time, date, and location of the <br />hearing in a newspaper of general circulation in the locality of <br />the proposed mining operation once a week for two consecutive <br />weeks immediately prior to the hearing. The hearing shall be <br />conducted.,as..a proceeding pursuant to grtlcle 4 of <br />-title-24,~C:R~~. A final decision on he appllcatlon shall be <br />made within one hundred twenty days of the receipt of the <br />application. In the event of serious unforeseen circumstances <br />