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Division Procedures: <br />1. The Division shall review the complete Notice of Intent to Conduct Coal Exploration and shall make a <br />determination within two weeks of the filing of such complete Notice, whether the proposed exploration <br />will 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, <br />consideration of the performance standards listed in Rule 4.21.4. If the Division determines that the <br />proposed coal exploration activities will substantially disturb the natural land surface, you must comply <br />with Rule 4.21. (NOTE: If you feel [hat the activities will substantially disturb the land, as "substantially <br />disturb" is defined by Rule 1.04, you may attach or enclose your exploration and reclamation plan as it <br />complies with Rule 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 <br />be informed of his rights to appeal such determinations and that conduct of any activities included in the <br />application are prohibited until a valid mining and reclamation permit is obtained. <br />C:\D000ments and Settings\jrb\Local Settings\Temporary In[emet Files\OLK259\2006 Empire NOI Appl Fonn Rl.doc Page 5 of 15 <br />