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(2) Proposed Decision by the Division on an auplic~tion for a uermi[ permit revision <br />or permit renewal. <br />(a) If an informal conference has been held. any party thereto may submit <br />additional information or comments to the Division for a period of 20 days following the conference. The Division <br />shall issue a uroposed decision, grantinG or denvutg the permit or permit revision in whole or in part, no earlier than <br />20 days and no later than 60 days after [he informal conference. The Division may, for good cause shown extend <br />the time for [he proposed decision up to an additional 60 days if the application is unusually complex or <br />controversial or if sienificant snow cover prevents adequate on-site inspection. <br />If there has been no infomtal conference, [he Division shall issue a <br />proposed decision, grantinG or denyinG [he permit or pemtit revision in whole or in uart, within 120 days of [he <br />filing of [he application. The Division may, for Good cause shown, extend the time for the proposed decision up to <br />an additional 60 days if the application is unusually complex or controversial or if sienificant snow cover prevents <br />adequate on-site inspection <br />(c) The proposed decision of the Division shall be in wri[inG, and a copy <br />thereof shall be furnished to the applicant, all persons who have objected to or submitted comments on the <br />application, and the Director of OSM. If the proposed decision is to deny the application in whole or in part, the <br />Division shall set forth specific reasons for the proposed decision. If the proposed decision is to grant the <br />application in whole or in part with modifications or stipulations, the modifications or stipulations and reason for <br />the decisions shall accompany the notice of proposed decision. A copy of an approved permit shall he transmitted <br />to the Director of OSM. <br />(d) The Division shall publish notice of the proposed decision in a newspaper <br />of General circulation in the locality of the surface coal mining, operations once a week for two weeks follo++•ing <br />issuance of the proposed decision. <br />(e) The applicant may file the required performance bond anytime after a <br />proposed or final decision granting a permit. However, such performance bond must be filed and approved prior to <br />the issuance of the permit. <br />(3) Formal hearing by the Board. <br />(a) Any person wilb an interest which may be adversely affected by the <br />proposed decision, may request a formal hearing before the Board on the proposed decision. Such request must he <br />made within 30 days of the first publication of the proposed decision of the Division, be in writing, and state with <br />reasonable specificity the reasons for the request and the objections to the proposed decision. <br />b) If a formal hearing is requested, the Board shall hold such hearing in an <br />appropriate location no later than 30 days after said request and shall notify the applicant, any person requesting <br />said hearinG, and any interested parties to the specific hearing of the date, time and location of said hearinG. l'he <br />Board shall also publish the notice of the proposed hearing in a newspaper of general circulation in the locality of <br />the hearing. The hearing shall be conducted pursuant ro Section 24-4-105, C.R.S., and shall be adiudicaton in <br />nature. No person who presided a[ an informal conference shall either preside at the hearinG or participate in the <br />decision thereon in any administrative appeal therefrom. The Board may render its decision at the close of the <br />hearing, xnd must, in any event, render a decision within 30 days of the hearing. The Board shall issue and furnish <br />the applicant and all persons who participated in the hearing with a copy of the written decision, reversing, <br />affirming or modifying the proposed decision of the Division. and stating the reasons therefore. 'fhe decision of the <br />• Board shall be implemented by the Division within five da+•s after the written decision of the Board. If [hc Board's <br />decision approves the granting of the permit the Division shall issue the pcrnut upon filing and a~provxl of the <br />performance bond pursuant to 2.07.4(2)(e). <br />Permit Renewal No.3 2.07-5 3/5/99 <br />