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likelihood....". By Rules 4.20(1), 4.20.3, and 4.20.3(2)(a) Coal Rules, this Board has required <br />the mining operator to plan and conduct its operations: <br />4.20(1) .... to prevent subsidence from causing material damage to the surface, to <br />the extent technologically and economically feasible, so as to maintain the value <br />and reasonably foreseeable use of surface lands..... <br />4.20.3(1) ...to prevent subsidence from causing material damage or reducing the <br />value or reasonably foreseeable use of surface lands, and to mitigate the effects of <br />any such damage or reduction which may occur.... <br />4.20.3(2) ....to promptly restore or rehabilitate any renewable resource lands° for <br />which the value or reasonably foreseeable use has been reduced or which have <br />been materially damaged. <br />Rule 1.04(71) provides that "Changes of land uses ... to another as a result of surface <br />coal mining and reclamation operations shall be considered as a change to an alternative land use <br />which is subject to approval by the Division (DBMS)....". This suggests that the landowner <br />must seek DRMS approval to change land uses. However, no provision of Title 34, Article 33 <br />has been found which supports the requirement that the landowner must seek DRMS or MLRB <br />approval to change land uses to accommodate the post -mining condition of the surface and its <br />available uses. Under C.R.S. 24-4-103(8), then, this portion of Rule 1.04(71) is invalid. <br />Surface reclamation is for the express and specific benefit of the surface land owner, and <br />not the mining operator nor, it must be said, for the benefit of DRMS or this Board. By statute <br />and rule, the specific intent of the reclamation is to either restore the surface to allow the land <br />uses which occurred pre -mining land uses or, if that use is not possible, to restore the surface to a <br />condition that would allow other land uses that can be reasonably employed on the surface. This <br />specific intent for reclamation is equally applicable to "renewable resource lands", inasmuch as <br />4 Rule 1.04(l 10), Coal Rules, defines "renewable resource lands" as "...an aquifer and areas for the <br />recharge of aquifers, areas for agricultural and silvicultural production of food and fiber, and <br />pasturelands....". <br />%I <br />