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-~- <br />9. Prior to the Office making a decision (consideration of the application), you MUST submit a copy ofthe proof of <br />publication from the newspapea and proof of all required notices. Proof of the notices may beby submitting copies of <br />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)(axii), and <br />1.6.2(1)(8)). <br />The copy of the application and any changes or additons placed at the office of the county clerk orrecorder shallLOT berecorded, <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 the applicant or destroyed <br />(Rule 1.6.2(2)). <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 is <br />extended pursuant to Rule 1.8. The time for wnsideration shall not be extebeed beyond ninety (90) days after the last such. change <br />submitted. For complex applications, the review period may be extended an additional sirdy (60}days. Please see Rule I.1(10) for <br />the deSnition of what constitutes a complex application. <br />APPLICATION APPROVAL/DENIAI.: <br />If the requrtements of the Act and Minaal 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 awiew period. <br />Act and Regulation regrrirements have not bees satisfied, the Office will dew the application Zf the Office denies the <br />cation, you may appeal to the Boazd for a final determipation by submitting a written request for administrative appeal to the <br />d within 60 days of the decision date (Rule 1.4.'n. <br />PERFORMANCE AND FINANCIAL WARRANTIES: <br />A performance warranty, and a financial wan•anty dollar amount detem»ned during the application review process, must be <br />submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a decision <br />on the application has been made. Ifthe applicant is a unit of state or county government, then ONLY a performance warranty is <br />req~• <br />Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of5nancial <br />warranty you desire to use. You may obtain the appropriate waaanty forms from the Office during the application review period. <br />Please note that sa application approval DOES NOT convey a rieht to beein operations. You MUST~rrbmit and have of <br />your performance a~ financial warranties. arai receive yob of the simed Hermit document PRIOR to beginning on=site <br />rrrinirr¢ activity. <br />AUTOMATI PERMIT APPROVAL: <br />Aa automatic approval will occrn- where the Office fails tonotifythe applicant/operator 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 51ed. 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 as automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED <br />trop 3432.5-109(1), C.RS.). <br />