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2. APPLICABLE REGULATIONS: <br />Regulations referenced below reflect the consistent themes that operations and <br />reclamation are to be conducted in such a way as to minimize adverse environmental <br />impacts, and ensure that reclaimed lands will support the approved post mining land <br />use. References to noxious weeds reflect the fact that in some instances, special <br />management practices may be required to control undesirable plant species and prevent <br />their spread in order to minimize offsite impacts. and ensure that reclaimed lands will <br />fully support the post mining land use. <br />A. Rule 3.1.10(6) in 2 CCR 4074, 2 CCR 407-4 <br />The Rules state, "Methods of weed control shall be employed for all prohibited <br />noxious weed species, and whenever invasion of a reclaimed area by other weed <br />species seriously threatens the continued development of the desired vegetation. <br />Weed control methods shall also be used whenever the inhabitation of the reclaimed <br />area by weeds threaten further spread of serious weed pests to nearby areas" <br />B. Rule 4.15.1(3), 4.16.2(2) of 2 CCR 407.1 and 2 CCR 407-4 <br />In part says, "...inspect the lands and reclamation described in the notice to <br />determine if the Operator has complied with all applicable requirements." <br />3. THE OPERATORS RESPONSIBILITY FOR THE MANAGEMENT OF <br />NOXIOUS WEEDS DURING NUKING OPERATIONS AND RECLAMATION: <br />It is the responsibility of the operator to monitor affected and reclaimed lands for <br />noxious weed infestations. The need for weed control should be evaluated whenever <br />infestations of noxious weeds occur an affected lands, or reclaimed lands. The Office <br />recommends that operators consult the local weed control agency in their county (state <br />or county extension personnel, or weed control district officials listed in Section 5) or <br />other weed control experts where infestations occur on lands within the permit area. As <br />part of the permit review process and if indicated in the opinion of the Office as a result <br />of the pre -operational inspection, the Division may require a weed control plan as part <br />of the application <br />If in the course of an inspection of an existing permitted site, the Division finds that <br />there exists an infestation of noxious weeds on lands disturbed by the raining operation, <br />the Division may require a revision to the approved plan, or development of a plan <br />where none exists. Where a noxious weed problem exists, the operator shall be given a <br />reasonable amount of time to demonstrate significant progress correcting the situation <br />prior to any kind of Board action. <br />Note: The plant species listed as A, B and C list species are subject to change as may be determined by the Colorado <br />Department of Agriculture and should be checked annually for list revisions. <br />Colorado Dept. of Ag List of Noxious Weeds <br />List A Species: Species designated by the Commissioner for eradication. <br />List B Species: Species, for which the commissioner, in consultation with the State <br />Noxious Weed Advisory Committee, local governments, and other interested parties, will <br />ILI <br />