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as banks issuing irrevocable letters of credit show adequate proof of financial responsibility. Since the <br />Division's determination of adequate proof of financial responsibility must be made prior to acceptance <br />of the financial warranty, it is necessary that the bank's documentation containing proof of financial <br />responsibility be provided with the initial financial warranty submittal. The underlying authority for this <br />policy is clearly evident upon reviewing the following sequence of Rules: 1) Rule 4.1 (2) which <br />indicates that no permit may be issued pursuant to the Act until the Board or Office receives and <br />approves the Performance and Financial Warranties; 2) Rule 4.1 (10) which states that "Proof of <br />financial responsibility may be of any type and in such amount authorized herein, subject to approval <br />by the Board or Office"; and 3) Rule 4.3.4 which states in part that "the Operator/Applicant must <br />provide evidence that the bank issuing the Letter of Credit is in good financial standing and condition, <br />as may be evidenced by its rating by an appropriate rating system". <br />The term "date of filing" contained in the last sentence of your letter refers to the date that the <br />Division determines that an application is complete and ready for technical review. The Rule citations <br />and other supporting information regarding the completeness requirement are provided above. <br />Your July 18, 1997 Correspondence: <br />Your citation of the Rule regarding publication of the newspaper notice is incorrect. The correct <br />citation is Rule 1.6.2 (1) (d). The Division reiterates that the publication dates you reference were <br />done prior to the date the application was considered filed, therefore the notices are invalid and will <br />have to be republished as explained in detail in the Division's correspondence to the applicant date July <br />30, 1997. <br />Regarding your query "has the Division ever allowed an applicant to publish his notices after the <br />application was filed but before it was 'deemed complete' by the Divisionl", the Division requires that <br />applicants follow the administrative procedures set forth in the Rules, including the Rules pertaining <br />to the time period allowed for publishing and mailing notices. Applicants who publish notice prior to <br />the date the Division deems the application complete (and therefore considers the application received, <br />filed, or submitted) are required to re-publish the notice within the time period set forth in the Rules. <br />The July 23, 1997 meeting for the Young Gravel Source was an informal conference, not a hearing <br />as described in your letter. <br />Regarding your query as to the definitions of the various substances listed in the second paragraph of <br />your letter, it is important to distinguish between and not confuse the purpose and function of the <br />definitions of earth materials as they apply to property ownership, and the jurisdictional definitions of <br />earth materials that are found in both the Construction Materials Rules and Regulations and the Hard <br />Rock/Metal Mining Rules and Regulations. For example, although oil, gas, and coal are typically <br />defined as minerals with respect to property ownership, none of these substances are defined as <br />minerals in either the Construction Materials or Hard Rock/Metal Mining Rules. Please refer to Rule <br />1 .1 (1 1) of the Construction Material Rules for a definition of construction materials, Rule 1.1 (201 for <br />inert material, Rule 1 .1 133) for overburden, Rule 1 .1 (51) for toxic and acid producing materials, Rule <br />1 .1 (52) for topsoil, and Rule 1.2.1 la) through (d) for definitions of excavated substances that are not <br />considered construction materials. Additionally, please refer to Rule 1.1 (1) of the Hard Rock/Metal <br />Mining Rules and Regulations for a definition of acid and toxic producing materials, Rule 1 .1 (24) for <br />inert material, Rule 1 .1 (30) for mineral, Rule 1 .1 137) for overburden, Rule 1 .1 (561 for topsoil, and <br />Rule 1 .2.1 (a) through Id) for definitions of excavated substances that are not considered minerals. <br />Comments contained in your correspondence regarding the presence of gold and gemstones in the <br />00234 <br />A. <br />