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Division Procedures: <br />1. The Division shall review the complete Notice of Intent to Conduct Coal <br />Exploration and shall make a determination within two weeks of the filing of such <br />complete Notice, whether the proposed exploration will substantially disturb the <br />natural land surface, and if so, whether the proposed activity qualifies as coal <br />exploration or surface coal mining operations. The Division shall immediately <br />notify you in writing of its determination. The determination of substantial <br />disturbance shall include, but not be limited to, consideration of the performance <br />standards listed in Rule 4.21.4. If the Division determines that the proposed coal <br />exploration activities will substantially disturb the natural land surface, you must <br />comply with Rule 4.21. (NOTE: If you feel that the activities will substantially <br />disturb the land, as "substantially disturb" is defined by Rule 1.04, you may attach or <br />enclose your exploration and reclamation plan as it complies with Rule 4.2 1.) <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 <br />the 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 are <br />prohibited until a valid mining and reclamation permit is obtained.