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4. The Division may conduct periodic inspections of all coal exploration activities and issue <br />Notices of Violation to any person who is in violation of the Act, or any conditions of <br />exploration approvals. (Rules 5.01.3 and 5.02.2) <br />To the best of my knowledge and belief, all information presented in this application is true and <br />correct. <br />James C. Severn, Vice-President, <br />Sage Creek Holdings, LLC <br />l Print Name and Title of Representative <br />Date: r <br />Signature f Authorized Representative <br />Division Procedures <br />1. The Division shall review the complete Notice of Intent to Conduct Coal Exploration and <br />shall make a determination within two weeks of the filing of such complete Notice, <br />whether the proposed activity qualifies as coal exploration or surface coal mining <br />operations. The Division shall immediately notify you in writing of its detern-iination. The <br />determination of substantial disturbance shall include, but not be limited to, consideration <br />of the performance standards listed in Rule 4.21.4. If the Division determines that the <br />proposed coal exploration activities will substantially disturb the natural land surface, you <br />must 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 4.21.) <br />2. If the Division determines that the proposed coal exploration activities qualify as surface <br />coal mining operations, the application shall be returned to the person with the written <br />determination. The person shall be informed of his rights to appeal such determinations <br />and that conduct of any activities included in the application are prohibited until a valid <br />mining and reclamation permit is obtained.