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Division Procedures: <br />The Division shall review the complete Notice of Intent to Conduct Coal Exploration and shall make a <br />detemunation within two weeks of the filing of such complete Notice, whether the proposed exploration will <br />substantially disturb the natural land surface, and if so, whether the proposed activity qualifies as coal <br />exploration or surface coal mining operations. The Division shall immediately notify; you in writing of its <br />determination. The determination of substantial disturbance shall include, but not be limited to, consideration <br />of the performance standards listed in Rule 4.21.4. If the Division detemunes that the proposed coal <br />exploration activities will substantially disturb the natural land surface, you must comply with Rule 4.21. <br />(NOTE: If you feel that the activities will substantially disturb the land, as "substantially disturb" is defined <br />by Rule 1.04, you may attach or enclose your exploration and reclamation plan as it complies with Rule <br />4.21.) <br />2. If the Division determines that the proposed coal exploration activities qualify as surface coal mining <br />operations, the application shall be returned to the person with the written determination. The person shall be <br />informed of his rights to appeal such determinations and that conduct of any activities included in the <br />application aze prohibited until a valid mining and reclamation permit is obtained. <br />G:\Environmental\EXPLORATION W ORK\EXPLR 2005 BIG ELK private land\Big Elk NOI App. Fmm Rl.doc Page 5 of 8 <br />