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It is recommended that you contact the agencies listed under "Compliance With Other Laws" prior to submitting, the application to the Office. You <br />must send a notice, on a form approved by the Board. to the local board of count, commissioners and. if the mining operation is within the <br />boundaries of a conservation district, to the board of supervisors of the conservation district. prior to filing the application. A copy of these "Notice <br />of Filing Application" forms have been attached for your use. You must include proof of such mailings with the application at the time the <br />application is submitted to the Office for filing (Rules 1.6.2 and 1.6.5). <br />Upon filing the application, place fir public review a copy of the application. less confidential items. with the clerk and recorder of the county or <br />counties in which the affected land is located. Any changes or additions made to an application following submittal must be filed with the county <br />clerk and recorder. You must also provide the Office with an affidavit or receipt demonstrating that the change was filed with the county clerk and <br />recorder no later than the close of business on the day the change was filed with the Office (Rule 1.8.1). The copy of the application and any <br />changes or additions placed at the office of the county clerk and recorder shall not be recorded, but shall be retained therefor at least sixty (60) days <br />after a decision on the application by the Office and be available for inspection during this period. At the end of this period. the application may be <br />reclaimed by the applicant or destroyed (Rule 1.6.2(2)). <br />Prior to the Office making an approval decision (consideration of the application). you must submit proof of publication and proof of all required <br />notices. Proof of notice may be by submittingo return receipts ofa certified mailing or by proof of personal service (Rules 1.6.2 and 1.6.5). <br />Application Revie%% Procedures: <br />When the Office receives the application form. Exhibits A-T. Geotechnical Stability Exhibit, Emergency Response Plan, Addendum 1. and the <br />application fee, the Office will set a date for consideration of the application. This date will be within 90 days of the date of submittal. The date set <br />for consideration may be extended. pursuant to Rule 1.4.5(3), if you change or make additions to the application (Rule 1.8). <br />The Office may schedule an informal conference on the application. You may also request an infonual conference. Please consult Rule 1.4.6 for <br />the procedures on informal conferences. <br />During the 90-day review period, the Office will review your application to determine if it is technically adequate and meets the requirements of the <br />Act and Mineral Rules and Regulations. You will be notified if any deficiencies exist and will be asked to respond prior to the date set for <br />consideration of the application. <br />The Office will issue its decision on or before the date set for consideration of the application. The decision will be either to: (1) approve: (2) <br />approve with conditions; (3) deny. or, (4) set the application for a hearing before the Board. Any conditions upon approval, unless agreed to by the <br />applicant, shall be treated as a denial. The grounds for denial, approval %vith conditions, or approval over an objection will be set forth in writing <br />(Rule 1.4.8). <br />A hearing will automatically be scheduled ifthe Office's decision is: (I) denial: (2) approval when objections have been received. (3) approval with <br />conditions when these are unacceptable to the applicant: or. (4) the Office chooses to set a hearing because of a decision requiring Board policy. <br />In the event the Office sets an application for a hearing without issuing a decision. the Office will issue a recommendation to the Board and will <br />identify the issues raised in the adequacy review or by objections filed with the Office. The Office will mail a copy of the recommendation to all <br />parties to the hearing (Rule 1.4.5(6)). <br />Performance and Financial N arranties: <br />A perforrmance warranty and a financial warrnnty. in an amount determined as a part of the application review. must be submitted to the Office prior <br />to pennit issuance. If the applicant is a unit of state or county government, then only a performance warranty is required. Several different types of <br />financial warranties are allowed by the law. Please review Rule 4 to determine which type of financial warranty you desire to use. You may obtain <br />the appropriate forms during the application review period. A financial warranty should not be submitted until a decision on the application has <br />been made.