2012-10-01_REVISION - M1977305 (14)

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Application Review Procedures: It is recommended that you contact the agencies listed under "Compliance With Other Laws" prior to submitting the application to the Office. You must send a notice, on a form approved by the Board, to the local board of county commissioners and, if the mining operation is within the boundaries of a conservation district, to the board of supervisors of the conservation district, prior to filing the application. A copy of these "Notice of Filing Application" forms have been attached for your use. You must include proof of such mailings with the application at the time the application is submitted to the Office for filing (Rules 1.6.2 and 1.6.5). Upon filing the application, place for public review a copy of the application, less confidential items, with the clerk and recorder of the county or counties in which the affected land is located. Any changes or additions made to an application following submittal must be filed with the county 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 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 changes or additions placed at the office of the county clerk and recorder shall not be recorded, but shall be retained there for at least sixty (60) days 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 reclaimed by the applicant or destroyed (Rule 1.6.2(2)). Prior to the Office making an approval decision (consideration of the application), you must submit proof of publication and proof of all required notices. Proof of notice may be by submitting return receipts of a certified mailing or by proof of personal service (Rules 1.6.2 and 1.6.5). When the Office receives the application form, Exhibits A -T, Geotechnical Stability Exhibit, Emergency Response Plan, Addendum 1, and the 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 for consideration may be extended, pursuant to Rule 1.4.5(3), if you change or make additions to the application (Rule 1.8). The Office may schedule an informal conference on the application. You may also request an informal conference. Please consult Rule 1.4.6 for the procedures on informal conferences. 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 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 consideration of the application. 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) 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 applicant, shall be treated as a denial. The grounds for denial, approval with conditions, or approval over an objection will be set forth in writing (Rule 1.4.8). A hearing will automatically be scheduled if the Office's decision is: (1) denial; (2) approval when objections have been received; (3) approval with conditions when these are unacceptable to the applicant; or, (4) the Office chooses to set a hearing because of a decision requiring Board policy. 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 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 parties to the hearing (Rule 1.4.5(6)). Performance and Financial Warranties: A performance warranty and a financial warranty, in an amount determined as a part of the application review, must be submitted to the Office prior to permit issuance. If the applicant is a unit of state or county government, then only a performance warranty is required. Several different types of 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 the appropriate forms during the application review period. A financial warranty should not be submitted until a decision on the application has been made.