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' -3- <br />' A hearing will automatically be scheduled if the Division's decision is: (1) denial; (2) <br />approval when objections have been received; (3) approval with conditions when these are <br />unacceptable to the applicant; or, (4) the Division chooses to set a hearing because of <br />' a decision requiring Board policy. <br />In the event the Division sets an application for a hearing without issuing a decision, <br />' the Division will issue a recommendation to the Board and will identify the issues <br />raised in the adequacy review or by objections filed with the Division. The Division <br />wiil mail a copy of the recommendation to all parties to the hearing (Rule 2.3.1(1)(c)). <br />' Performance and Financial Warranties <br />t A performance warranty and a financial warranty, in an amount determined as a part of <br />the application review, must be submitted to the Division prior to permit issuance. If <br />the applicant is a unit of state or county government, then only a performance warranty <br />is required. Several different types of financial warranties are allowed by the law. <br />Please review Rule 7 to determine which type of financial warranty you desire to use. <br />You may obtain the appropriate forms during the application review period. A financial <br />warranty should not be submitted until a decision on the application has been made. <br />Responsibilities as a Permittee <br />' Upon approval, this application will become a legally binding document. Therefore, <br />there are a number of important facts which you should consider, including: <br />' 1. Your obligation to reclaim the site is not limited to the amount of the <br />financial warranty. You assume legal liability for all reasonable expenses which <br />the Board or the Division may .incur.to reclaim the affected lands associated with <br />your mintng operation in the event your permit 15 revoked and financial warranty 1s <br />forfeited; <br />' 2. The Board may suspend or revoke any permit, or assess a civil penalty, upon a <br />finding that the operation violates the terms or conditions of the permit, the Act, <br />the Mineral Rules and Regulations, or that information contained in the application <br />' or your permit misrepresent important material facts; <br />3. If your mining and reclamation operations affect areas beyond the boundaries <br />of an approved permit substantial civil penalties to you as an operator can result; <br />1 4. Any modification to the mining and reclamation plan from those described in <br />this application require approval by the Board or Division. <br />' S. It is your responsibility to notify the Division of any changes in your <br />address or phone number. <br /> <br />L_J <br />