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-iii- <br />9. Prior to the Office making a decision (consideration ofthe application), ou MUST <br />y submit a copy ofthe proof <br />of publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting <br />copies of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c), <br />1.6.2(1)(a)(ii), and 1.6.2(1)(g)). <br />The copy of the application and any changes or additons placed at the office of the county clerk or recorder shall NOT be <br />recorded, but shall be retained there for at least sixty (60) days after a decision on the application by the Office and be <br />available for inspection during this period. At the end of this period, the application may be reclaimed by the applicant or <br />destroyed (Rule 1.6.2(2)). <br />APPLICATION REVIEW PROCEDURES: <br />The Office shall approve or deny the application within ninety (90) days of filing unless the date for consideration by the <br />Office is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond ninety (90) days after the last <br />such change submitted. For complex applications, the review period may be extended an additional sixty (60) days. Please <br />see Rule 1.1(10) for the definition of what constitutes a complex application. <br />APPLICATION APPROVAL/DENIAL: <br />If the requirements of the Act and Mineral Rules have been satisfied, the Office will approve the application. The Act also <br />provides for automatic approval if no action is taken by the Office by the end of the review period. <br />If the Act and Regulation requirements have not been satisfied, the Office will deny the application. If the Office denies the <br />application, you may appeal to the Board for a final determination by submitting a written request for administrative appeal to <br />S the Board within 60 days of the decision date (Rule 1.4.7). <br />PERFORMANCE AND FINANCIAL WARRANTIES: <br />A performance warranty, and a financial warranty dollar amount determined during the application review process, must be <br />submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a <br />decision on the application has been made. If the applicant is a unit of state or county government, then ONLY a performance <br />warranty is required. <br />Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of <br />financial warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application <br />review period. <br />Please note that an application approval DOES NOT convey a right to begin operations You MUST submit and have <br />approval of your performance and financial warranties and receive your copy of the signed permit document PRIOR to <br />beeimmne on-site mmme activity <br />AUTOMATIC PERMIT APPROVAL: <br />An automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied. <br />This decision must be made ninety (90) calendar days from the date the application was determined to have been filed. <br />However, the performance and financial warranties must be submitted and approved by the Office before the permit will be <br />issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS <br />ISSUED (Section 34-32.5-109(1), C.R.S.).