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• c) I f no formal hearing is requested [he Division shall issue and implement [he <br />proposed decision as final within five days after the close of the 30-day period provided for the filing of a request <br />for a formal hearutg. However, po permit shall be issued until the applicant has filed a performance bond with [hc <br />Division and the Division has approved it. <br />(~ When a formal hearing is requested, the Board may gran[ such tcmporarv <br />relief as it deems appropriate pending final determination of the proceedings if: <br />(i) All parties ro the proceedings have been notified and given an <br />oppornmity to be heard on a request for tcmporarv relief: <br />(ii) The person requesting such relief shows that there is substantial <br />likelihood that he will prevail on the merits in the final determination of the proceeding: <br />iii) Such relief shall not adversely affect the public health or safely or <br />cause significant environmental halm [o land, air or water resources; and <br />(iv) The relief sought is not the issuance of a permit where a permit has <br />been denied, in whole or in part by the Division. <br />(e) Por the pumose of the formal hearing, the Board may administer oaths, subpoena <br />witnesses or written or printed materials, compel attendance of the witnesses or production of the materials, compel <br />discovery and take evidence including, but not limited to, site inspections of the land to he affected and other surface <br />coal mining operations canied on by the applicant in the general vicinity of the proposed operation. A verbatim <br />record of each tonmal hearing shall be made, and a transcript shall be made available on request to anv party or by <br />• order of the Board. <br />(fl Judicial appeal. If any applicant or anv person with an interest ~+•hich is or <br />may be adversely affected who has participated in the administrative proceedings as an objector is aggrieved by the <br />decision of the Board or if the Division or Board fails to act within the time limits specified in [he Act, such <br />applicant or person shall have the right to appeal in accordance with Section 34-33-128, C.R.S. <br />(g) Within ten days after the grattting of a permit, including [he filing of the <br />describe the location ofall the lands within the permit area. <br />(h) Nohvithstandine anv of the foregoing provisions of 2.07. no time limit under the <br />Act or 2.07 requiring the Board or Division to act shall be considered expired from the time the Board or Division <br />initiates a proceeding under 2.07.6(I)(c) mail [hc final decision of the hearing body. <br />2.07.5 Public Availabitih• of Information in Permit Applications on File with the Division. <br />(I) Information contained in applications for permits, revisions, renewals, and <br />transfers, assignments or sales of permit rights on file with the Division shall be open, upon written request, for <br />public inspection and copying at a reasonable cost, at the expense of the requester during normal business hours. <br />(a) Information pertaining to coal seams, test borings. core samplings, or soil <br />samples in permit applications shall be made available for inspection and copying to anv person with rot interest <br />• which is or may be ndvcrscly affected; and <br />Permit Renewal No.3 2.07-6 3/5/99 <br />