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• Rule 1.1 (4): "Affected Land ":11 means the surface of an area within the state where a <br />mining operation is being or will be conducted, which surface is disturbed as a result of <br />such operation. Affected lands include but shall not be limited to private ways, roads, <br />except those roads excluded pursuant to this Subsection, 1.1(4), and railroad lines <br />appurtenant to any such area; land excavations; prospecting sites; drill sites or workings; <br />refuse banks or spoil piles; evaporation or settling ponds; leaching dumps; placer areas; <br />tailings ponds or dumps; work, parking, storage or waste discharge areas; and areas in <br />which structures, facilities, equipment, machines, tools or other materials or property which <br />result from or are used in such operations are situated. All lands shall be excluded that <br />would be otherwise included as land affected but which have been reclaimed in accordance <br />with an approved plan or otherwise, as may be approved by the Board. Affected land shall <br />not include off -site roads which existed prior to the date on purposes unrelated to the <br />proposed mining operation and which will not be substantially upgraded to support the <br />mining operation. <br />Clearly, roads, trails, a waste pile, and a cabin are all part of the infrastructure for the mining <br />activities and are considered part of affected lands. <br />Therefore it is the Division's opinion that a mining permit is required. Based on the information it <br />appears the entire operation affects less than 10 acres. Strong Mining should submit a 110(2) <br />permit application, with the associated fee of $1,006.00, to the Division for full review and permit <br />approval. This process typically takes between 30 and 45 days to approve once the application is <br />considered complete for review. <br />As an alternative, the legislature recently passed SB 14 -076. The bill allows for a reconfigured <br />110(1) permit which the Apex Mine may qualify as. The disturbance is limited to 5 acres maximum <br />and has a $288 application fee. It is designed for small development and rehabilitation projects <br />such as those described in Strong's responses. The Division will begin taking applications for the <br />110(1) permits on June 1st, 2014, but cannot approve any until July 1 when the law takes effect. The <br />Division will use the same 110(2) application form currently on line to begin the process. Review <br />and approval periods will be the same, but again no approvals will be issued until July 1, 2014. <br />Depending on Strong Mining's timetables you may submit the 110(2) as soon as possible, or if it <br />qualifies for the 110(1) consider submitting in early June for a July approval. <br />In either case the Division will calculate a reclamation bond which will be required to be posted <br />prior to the permit being activated. The application and bonding paper work may be found on our <br />website at: http:/./mining.state.co.us. Please refer bonding documents on Federal Lands for this <br />site. <br />This opinion is being offered based on the information provided in your response. Should the <br />proposed project change please feel free to contact the Division for additional review. The Mined <br />Land Reclamation Board (Board) has requested that the Division make determinations as to the <br />need for a Mined Land Reclamation Permit. If you have any concerns or disagree with this decision, <br />OF COC\ <br />A <br />1313 Sherman St., Room 215, Denver, CO 80203 P 303.866.3567 ( *'10 <br />1876% <br />