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' -2- <br />Prior to submitting the application to the Division for filing, you should send a notice <br />on a form approved by the Board, to the local board of county commissioners and, if the <br />mining operation is within the boundaries of a soil conservation district, to the board <br />of supervisors of the soil conservation district. You must include proof of such <br />mailings with the application at the time the application is submitted to the Division <br />for filing (Rule 2.2.2(1)). A copy of these "Notice of Filing Application" forms have <br />' been attached for your use. <br />Upon filing the application place for public review a copy of the application, less <br />confidential items, with the clerk and recorder of the county or counties in which the <br />' affected land is located. Any changes or additions made to an application following <br />submittal must be filed with the county clerk and recorder. You must also provide the <br />Division with an affidavit or receipt demonstrating that the change was filed with the <br />county clerk and recorder no later than the close of business on the day the change was <br />filed with the Division (Rule 1.5). The copy of the application and any changes or <br />additions placed at the office of the county clerk and recorder shall not be recorded, <br />' but shall be retained there for at least sixty (60) days after a decision on the <br />application by the Division and be available for inspection during this period. At the <br />end of this period, the application may be reclaimed by the applicant or destroyed <br />' (Rule 2.2.2(2)). <br />Prior to Division consideration of the application, you must submit proof of publication <br />and proof of all required notices. Proof of notice may be by submitting return receipts <br />' of a certified mailing or by proof of personal service (Rule 2.1.2(18) and (19)). <br />' Application Review Procedures <br />When the Division receives the application form, Exhibits A-S and the application fee, <br />' the Division will set a date .for consideration of the application. This date will be <br />within 90 days of the date of submittal. The date set for consideration may be <br />extended, pursuant to Ru}e 1.5, if you change or make additions to the application <br />(Rule 2.3.1(l)Ca)3 ~ " <br />' The Division may schedule an informal conference on the application. You may also <br />request an informal conference. Please consult Rule 2.3.2 for the procedures on <br />' informal conferences. <br />During the 90-day review period, the Division will review your application to determine <br />' if it is technically adequate and meets the requirements of the Act and Mineral Rules <br />and Regulations. You will be notified if any deficiencies exist and will be asked to <br />respond prior to the decision date. <br />' The Division will issue its decision on or before the date set for consideration of the <br />application. The decision will be either to: (1) approve; (2> approve with conditions; <br />(3) deny; or, (4) set the application for a hearing before the Board. A condition upon <br />' approval, unless agreed to by the applicant, shall be treated as a denial. The grounds <br />for denial, approval with conditions, or approval over an objection will be set forth 1n <br />writing (Rule 2.3.1(2)). <br /> <br />