Colorado Code § 34-33-118

Public notice and public hearings on complete applications
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(1) Upon
submission of an application for permit, or revision or renewal thereof, as provided by this
article, the office shall, within ten days of receipt of said application, review the submission and
determine if it is complete. If the application is complete, the applicant shall be duly notified and
the application shall be considered filed for the purposes of this article. If the application is
incomplete, notice to that effect shall be mailed to the applicant within said ten-day period, and
the applicant shall be given the opportunity to amend, revise, or otherwise make said application
complete. At the time of submission of an application for a permit, or for renewal or revision of
an existing permit, pursuant to the provisions of this article, the applicant shall submit to the
office the proposed notice of publication of the ownership, precise location, and boundaries of
the land to be affected by the proposed surface coal mining operation.
(2) Upon notification to the applicant that the application for a permit or the application
for a permit revision or renewal is complete, the applicant shall place the notice of ownership,
precise location, and boundaries of land to be affected by the proposed surface coal mining
operation in a local newspaper of general circulation in the locality of said operation. This
publication shall be published at least once a week for four consecutive weeks.
(3) On or before the time of first publication, the office shall notify appropriate state and
federal agencies and various local government bodies, municipalities, regional planning
commissions, boards of county commissioners, county planning agencies, sewage and water
treatment authorities, and water conservancy and water conservation districts in the locality in
which the proposed surface coal mining operations will take place of the operator's application
indicating the application number, a legal description of the land covered by the application, and
where a copy of the application may be inspected. These local bodies, agencies, or authorities
may submit written comments, within thirty days of the last publication of the above notice, with
respect to the effect of the proposed operation on the environment which is within their area of
responsibility. Such comments shall be immediately transmitted to the applicant by the office
and shall be made available to the public at the same locations as the permit application.
(4) Any person having an interest which is or may be adversely affected by a decision of
the office regarding the proposed surface coal mining operation, or the officer or head of any
federal, state, or local government agency or authority, shall have the right to submit written
objections to or comments upon the initial or revised application for a permit to the office within
thirty days after the last publication of the above notice. Such objections and comments shall
immediately be transmitted to the applicant by the office and shall be made available to the
public, at the same locations as the permit application.
(5) Within sixty days of the filing of an application for a permit, the office shall review
said application and notify the applicant of preliminary findings as to the substantive adequacy
or inadequacy of the application.
(6) Within thirty days after the last publication of the notice specified in subsection (2)
of this section, any person who files objections or comments pursuant to subsection (3) or (4) of
this section may also request an informal conference. If an informal conference is requested, the
office shall hold an informal conference in the locality of the proposed surface coal mining
operation. Notice of the date, time, and location of such informal conference shall be given to the
applicant and published by the office in a newspaper of general circulation in the locality of the
conference at least two weeks prior to the scheduled conference date. The informal conference
shall be held within a reasonable time after close of the comment periods specified under
subsections (3) and (4) of this section but no later than thirty days after the close of said periods.
The office may arrange with the applicant, upon request by any person who has submitted
objections, comments, or a request for an informal conference, access to the proposed mining
area for the purpose of gathering information relevant to the proceedings. An electronic or
stenographic record shall be made of the informal conference, unless waived by all parties
thereto. Such record shall be maintained by the office and shall be accessible to the parties until
final release of the applicant's performance bond. In the event that all persons requesting the
informal conference stipulate agreement prior to the requested informal conference and
withdraw their request, such informal conference need not be held.

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