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Division Procedures: <br />The Division shall review the complete Notice of Intent to Conduct Coal Exploration and shall <br />make a determination within two weeks of the filing of such complete Notice, whether the <br />proposed exploration will substantially disturb the natural land surface, and if so, whether the <br />proposed activity qualifies as coal exploration or surface coal mining operations. The Division <br />shall immediately notify you in writing of its determination. The determination of substantial <br />disturbance shall include, but not be limited to, consideration of the performance standards <br />listed in Rule 4.21.4. If the Division determines that the proposed coal exploration activities <br />will substantially disturb the natural land surface, you must comply with Rule 4.21. (NOTE: If <br />you feel that the activities will substantially disturb the land, as "substantially disturb" is <br />defined by Rule 1.04, you may attach or enclose your exploration and reclamation plan as it <br />complies with Rule 4.2 1.) <br />2. If the Division determines that the proposed coal exploration activities qualify as surface coal <br />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 and <br />that conduct of any activities included in the application are prohibited until a valid mining and <br />reclamation permit is obtained. <br />-5-