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Division Procedures <br />1. The Division shall review the complete Notice of Intent to Conduct Coal Exploration <br />and shall make a determination within two weeks of the filing of such complete <br />Notice, whether the proposed activity qualifies as coal exploration or surface coal <br />mining operations. The Division shall immediately notify you in writing of its <br />determination. The determination of substantial disturbance shall include, but not be <br />limited to, consideration of the performance standards listed in Rule 4.21.4. If the <br />Division determines that the proposed coal exploration activities will substantially <br />disturb the natural land surface, you must comply with Rule 4.21. (NOTE: If you feel <br />that the activities will substantially disturb the land, as "substantially disturb" is defined <br />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 <br />surface coal mining operations, the application shall be returned to the person with the <br />written determination. The person shall be informed of his rights to appeal such <br />determinations and that conduct of any activities included in the application axe <br />prohibited until a valid mining and reclamation permit is obtained. <br />5 <br />