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4 <br /> <br />The Division serves as staff to the Board where there is a written objection to a permit <br />application or a request for reconsideration of a Board decision. With respect to the application <br />process, the Division is responsible for verifying that the applicant's reclamation permit <br />application, including the reclamation plan, adequately addresses the requirements of the Acts <br />and the applicable rules and regulations. The Division tries to ensure that the administrative <br />process is explained to all participants and that the process is followed. This guide is one aid <br />for explaining the administrative process for new or amended 112 mining applications only. A <br />separate process is involved for 110 and 111 applications, technical revisions and bond <br />releases. <br /> <br />To monitor compliance with permit requirements, the Division conducts periodic inspections of <br />all permitted mining, exploration, and prospecting operations in the State of Colorado. If an <br />operator fails to timely correct compliance issues, the Division is responsible for presenting <br />these possible violations to the Board. Only the Board may find a violation. <br /> <br />The Division also determines the dollar amount of the reclamation bond that the operator must <br />post prior to mining. The reclamation bond calculated by the Division for a permitted mining or <br />exploration operation is based on the approved reclamation plan. The amount of the <br />reclamation bond is determined by the site-specific application of a software program. The <br />Division may occasionally recalculate the bond to update costs or to reflect the stage of the <br />operation or reclamation. The reclamation bond is posted by the operator with the State of <br />Colorado and held until reclamation is completed. The operator is also required to submit a <br />“performance warranty,” which is a written promise to the Board to comply with all requirements <br />of the Acts. <br /> <br />The Acts and the rules and regulations delineate the steps to obtain bond release. The operator <br />must notify the Division of reclamation completion in writing. The Division then notifies <br />landowners, the county and other state agencies, and conducts an inspection. The Division <br />considers all objections, then issues a decision on the bond release request. Once the Division <br />has determined that a site has been reclaimed according to the terms of the Acts, the rules and <br />regulations, and the approved reclamation plan, the bond can be released back to the operator <br />and the permit can be terminated. <br /> <br /> <br />THE ROLE OF THE APPLICANT <br /> <br />During the application process, the applicant has the burden of proving that the application <br />submitted to the Division minimally meets the requirements of the Acts and the rules and <br />regulations including evidence that all required notices have been posted or delivered within <br />required timeframes. <br /> <br />Applicants for 112 Reclamation Permits or Amendments must place a copy of the application at <br />the county clerk’s office in counties containing the lands to be affected by mining. The applicant <br />must notify the local board of county commissioners, all land and mineral rights owners of <br />record for the site, all owners of record of land (including all recorded easements) within 200 <br />feet of the affected lands (as defined in Rule 1.1(3) of the Construction Materials Rules and <br />1.1(4) of the Hard Rock/Metal Mining Rules), and the board of supervisors of the relevant soil <br />conservation service. The applicant must also notify the public via signs posted at the proposed