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<br />-z- <br />It ie recommended that you contact the agencies listed under "Camnliance with Other Laws• <br />prior to submitting the application to the Office You MUST send a notice, oa a form <br />approved by the Board, to the local oard of county commissioners and, if the mining <br />operation is within the boundaries o~f a soil conservation district, to the board of <br />supervisors of the soil conservation district, PRIOR to filing the application. A copy of <br />these "Notice of Filing Application^ forms have been attached far your use. You M(TST include <br />proof of such mailings with the application at the time the application is submitted to the <br />Office for filing (Rules 1.6.2 and 1.6.3). <br />IIpoa filing the application, place for public review a copy of the application, less <br />confidential items, with the clerk and recorder of the county or counties in which the <br />affected land is located. Atly changes or additions made to an appli submittal MIIST be filed <br />with the county clerk and recorder. You MUST also provide the Office with an affidavit or <br />receipt demonstrating that the change was filed with the county clerk and recorder no later <br />than the close of business on the day the change was filed with the Office (Rule 1.8.1). The <br />copy of the application and any changes or additions placed at the office of the county clerk <br />and recorder shall NOT be recorded, but shall be retained there for at least sixty (60) days <br />after a decision on the application by the Office and be available for inspection during this <br />period. At the end of this period, the application may be reclaimed by the applicant or <br />destroyed (Rule 1.6.2(2)). <br />PRIOR to the Office making an approval decision (consideration of the application), you MUST <br />submit proof of publication and proof of all required notices. Proof of notice may be by <br />submitting return receipts of a certified mailing or by proof of personal service (Rule <br />1.6.1(f)). <br />Avnlication Review Procedures: <br />The Office shall approve or dew the application within thirty (30) days of filing unless the <br />date for consideration by the Office is extended pursuant to Rule 1.8. The time for <br />consideration shall not be extended beyond thirty (30) days after the last such change <br />submitted. For complex applications, the review period may be extended an additional sixty <br />(60) days. Please see Rule 1.1(9) for the definition of what may constitute a complex <br />application. <br />If the requirements of the Act and Mineral Rules have been satisfied, the Office will approve <br />the application. The Act also provides for automatic approval if no action is taken by the <br />Office by the end of the review period. <br />If the Act and Regulation requirements helve not been satisfied, the Office will deny the <br />application. If the Office denies the application, you may appeal to the Board for a final <br />determination by submitting a written request for administrative appeal to the Soard within <br />60 days of the decision date. (Rule 1.4.7) <br />Notice Requirements: <br />trithin ten (10) days after filing, mail or personally serve a copy of the notice described <br />in Rule 1.6.2(i)(c) to all o~mers of record of surface rights to the affected land and all <br />owners of record of loads that are within 200 feet of the boundary of the affected land (Rule <br />1.6.2(1)(d)(i) and (ii). In addition, you must publish once in a newspaper of general <br />circulation, in the locality of the proposed mining operation, the notice described in Rule <br />1.6.2(1)(c). A copy of a form which includes all required information for the notice has <br />been attached for your use. You will need to provide the Office proof of notice orior to the <br />decision date. Proof of notice may be by submitting return receipts of a certified mailing <br />Or by proof of personal service (Rules 1.4.1(4), 1.4 .2(4)(c) and 1.6.2(1)(d)). <br />Performance and Financial Warranties: <br />A performance warranty and a financial warranty, in an amount determined as a part of the <br />application review, must be submitted and approved by the Office PRIOR to permit issuance. <br />If 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. Please <br />review Rule 4.0 to determine which type of financial warranty you desire to use. You may <br />obtain the appropriate forms from the Office during the application review period. A <br />financial warranty should NOT be submitted until a decision on the application has been made. <br />Please note that an application approval DOSS NOT convey a right to begin operations. You <br />MOST submit, and have approval of your performance and financial warranties, and receive your <br />copy of the signed permit document PRIOR to beginning on-site mining activity. <br />