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110(4) and <br />117(5) <br />117(5)(a) <br />117(5)© <br />(3) <br />Page 113 <br />Hard Rock /Metal Mining Rule 4 <br />of the Financial Warranties shall stay the release on the thirtieth (30) day <br />pending a Formal Board Hearing. <br />4.17 RELEASE OF PERFORMANCE AND FINANCIAL WARRANTIES <br />FOR MINING OPERATIONS <br />4.17.1 Operator Requirements <br />(1) The Operator of any mining operation may file a written notice of <br />completion of reclamation and request for release of reclamation <br />responsibility with the Office whenever an Operator believes any or all <br />requirements of the Act, the Rules and Regulations, and the approved <br />reclamation plan have been completed with respect to any or all of the <br />Affected Lands. <br />(2) The Operator shall include in the notice to the Office the names and <br />addresses and phone numbers of all owners of record to the affected <br />land. <br />(3) The written notice requesting release shall be sent by Certified Mail and <br />be separate from other types of communication to the Office. <br />(4) Such notice shall contain a signed statement by the Operator or their <br />agent that all applicable portions of the Reclamation Plan requirements <br />have been satisfied in accordance with these Rules and all applicable <br />requirements under the Act. <br />4.17.2 Division Requirements <br />(1) The Office, upon receipt of said notice of completion of reclamation, <br />shall immediately provide notice to all owners of record to the affected <br />land and to the county(s). <br />(2) The Office shall, within sixty (60) calendar days after receiving said <br />notice, or as soon thereafter as weather conditions permit, inspect the <br />lands and reclamation described in the notice to determine if the <br />Permittee has complied with all applicable requirements. <br />If the Office fails to conduct an inspection within the time specified in <br />Rule 4.17.2(2), or fails to advise the Permittee of deficiencies within the <br />time specified in Rule 4.17.2(4), then all Financial Warranties applicable <br />to reclamation described in the notice shall be deemed released as a <br />matter of law. <br />