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Division Procedures: <br />1. 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 <br />Division shall immediately notify you in writing of its determination. The determination of <br />substantial disturbance shall include, but not be limited to, consideration of the performance <br />standards listed in Rule 4.21.4. If the Division determines that the proposed coal exploration <br />activities will substantially disturb the natural land surface, you must comply with Rule 4.21. <br />(NOTE: If you feel that the activities will substantially disturb the land, as "substantially <br />disturb" is defined by Rule 1.04, you may attach or enclose your exploration and reclamation <br />plan as it complies with Rule 4.21.) <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 <br />and reclamation permit is obtained. <br />m: \coal \share \forms \NOI App <br />