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<br />s <br />9. Prior to the Office making a decision (consideration of the application), you MUST submit a copy of the proof <br />of publication from the newspaper and proof of all squired notices. Proof of the notices may be by submitting copies <br />of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c), 1.6.2(1)(a)(ii), and <br />1.62(I)(g)). <br />The copy of the application and any changes or additons placed at the office of the county clerk or recorder shall NOT be recorded, <br />but shall be retained there for at least sixty (60) days after a decision on the application by the Office and be available for <br />inspection during this period. At the end of this period, the application may be reclaimed by [he applicant or destroyed (Rule <br />APPLICATION REVIEW PROCEDURES: <br />The Office shall approve or deny the application within ninety (90) days of filing unless the date for consideration by the Office <br />is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond ninety (90) days after the last such <br />change submitted. For complex applications, the review period may be extended an additional sixty (60) days. Please see Rule <br />1.1(10) for the definition of what constitutes a complex application. <br />APPLICATION APPROVAL/DENIAL: <br />If the requirements of the Act and Mineral Rules have been satisfied, the Office will approve the application. The Act also <br />provides for automatic approval if no action is taken by the Office by the end of the review period. <br />If the Act and Regulation requiremenu have not been satisfied, the Office will deny the application. If the Office denies the <br />application, you may appeal to the Board for a final determination by submitting a written request for adminisvative appeal to <br />the Board within 60 days of the decision date (Rule 1.4.7). <br />PERFORMANCE AND FINANCIAL W ARRANTIES: <br />A performance warranty, and a fmancial warranty dollar amount determined during the application review process, must be <br />submitted and approved by the Office PWOR to permit issuance. A financial warranty should NOT be submitted until a decision <br />on the application has been made. if the applicant is a unit of state or county government, then ONLY a performance warranty <br />is required. <br />Several different types of financial warranties aze a{lowed by the law. Please review Rule 4.0 to determine which type of financial <br />warranty you desire to use. You may obtain the appropriate warranty forms from the Oflice during the application review period. <br />Please note that an application approval DOES NOT convey a right to begin operations. You MUST submit. and have approval <br />of your performance and financial warranties. and receive our copy of the siarted permit document PRIOR to beginningon-site <br />miningac[ivity. <br />AUTOMATIC PERMIT APPROVAL: <br />An automatic approval will occur where the Office fails to notify the applicanUoperator that the application has been denied. This <br />decision must be made ninety (90) calendar days from the date the application was determined to have been filed. However, the <br />performance and financial warranties must be submitted and approved by the Office before the permit will be issued even if you <br />receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED <br />(Section 34-32.x-109(1), C.R.S.). <br />