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Page 102 <br /> Construction Materials Rule 4 <br /> (4) Where the Office finds that a Permittee has not complied with <br /> the applicable requirements of the Act, Rules and Regulations, or the approved <br /> reclamation plan, it shall advise the Permittee of such non-compliance not more <br /> than sixty (60) calendar days after the date of the inspection. <br /> (5) Where the Office finds that a Permittee has successfully complied <br /> with the requirements of the Act, Rules and Regulations, and the approved <br /> reclamation plan, the Office shall release all applicable performance and <br /> financial warranties. Release (pending an appeal) shall be in writing and mailed <br /> within thirty (30) calendar days to the Permittee after the date of such findings. <br /> However, an appeal to the release of the financial and performance warranties <br /> shall stay the release on the thirtieth (30) day pending a Formal Board Hearing. <br /> (6) Notice of the Office's decision to release the Permittee from <br /> further reclamation responsibility shall be published in the next monthly agenda <br /> of the Board. <br /> 4.17 PUBLIC NOTICE OF RELEASE OF FINANCIAL WARRANTY <br /> t t 4 Any aggrieved Person has the right to file a written objection to and any <br /> interested person may submit written comments on the request for reclamation <br /> responsibility release so long as such comments are received by the Office <br /> within fifteen (15) days of notice by the Office to the county(s) and all owners <br /> of record to the affected land. <br /> 4.18 GENERAL PROVISIONS - APPEALS TO DECISION - RELEASE OF <br /> FINANCIAL WARRANTY <br /> (1) Any person directly and adversely affected or aggrieved by an <br /> Office decision to approve or deny the request for reclamation responsibility <br /> release and whose interest is entitled to protection under the Act may appeal the <br /> decision to the Board by submitting a request for Administrative Appeal to the <br /> Office according to the provisions of Section 1.4.11. The request for <br /> Administrative Appeal must specify the basis for being directly and adversely <br /> affected or aggrieved. a statement of why the person's interest is protected by <br /> the Act, the permit number assigned by the Office and include a statement of <br /> the factual and legal issues presented by the appeal. <br /> 1 <br />