Laserfiche WebLink
It is the applicants' right to receive a decision on their complete Application within 30 <br />days. The applicants are free to choose whichever option they decide is best. <br />Permittee and Prospective Successor must designate their decision on the attached <br />Application Form. <br />5) Demonstration of Legal Right to E nter: All Permittees must provide a description of <br />the basis for legal right of entry to the site and to conduct mining and reclamation. See <br />Hard Rock and Construction Materials Rules 6.3.7 and 6.4.14. To comply with this <br />requirement, the Prospective Successor must demonstrate that he /she /it has obtained a <br />legal right of entry from any and all surface and mineral rights owners in the affected <br />lands, independent of the current Permittee. See Hard Rock and Construction Materials <br />Rules 6.3.7, 6.4.14, and 1.6.2(1)(e)(i). This may be a copy of an access lease, deed, <br />abstract of title, current tax receipt, or a signed and notarized statement by the property <br />owners stating that the Prospective Successor has a legal right to enter. See Hard Rock <br />and Construction Materials Rule 6.3.7. <br />6) Structure Agreements: In many cases, operators must provide the Division copies of <br />agreements to compensate the owners of any significant, valuable, and permanent man- <br />made structures and utilities within 200 feet of the affected land ( "Structure <br />Agreements "). See Hard Rock Rules 6.3.12 and 6.4.20; Construction Materials Rules <br />6.3.12 and 6.4.19. If the Permittee was required to provide Structure Agreements, the <br />Prospective Successor must obtain new Structure Agreements from each owner and <br />provide copies of the same to the Division with the Application. <br />Application Review Process <br />The Division will grant an Application if it finds that all required information has been <br />submitted, that the Prospective Successor is capable of assuming all responsibility for original <br />permit by virtue of acceptable performance and Financial Warranties, and that the Prospective <br />Successor has no outstanding violations. See C.R.S. §§ 34 -32 -119 and 34- 32.5 -119. If the <br />Division does not act within 30 days from the date that a complete Application has been filed, <br />the Application will be considered automatically approved. See Hard Rock and Construction <br />Materials Rule 1.12.1(2). If an Application is denied, the Division will notify the Permittee and <br />Prospective Successor no later than 10 days from the date it renders its decision. Both the <br />Permittee and Prospective Successor may appeal a denial of an Application to the Board by <br />submitting a written request for an administrative appeal hearing to the Board within 30 days of <br />final decision date. See Hard Rock and Construction Materials Rule 1.4.11. <br />3 <br />