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issuing violations, setting civil penalties, issuing cease and desist orders, and determining <br /> corrective actions for operators found in violation; conducting hearings regarding disputed <br /> applications; hearing appeals to decisions made by the Division; and ruling on declaratory order <br /> petitions. Petitioners for declaratory orders are usually individuals seeking an official <br /> determination regarding whether their proposed mineral extraction activity is exempt from the <br /> definition of mining. A copy of the Division's policy on whether an activity constitutes mining is <br /> also available on the Division's Web site. <br /> As established by the Colorado State Legislature, the Board has exclusive jurisdiction over <br /> reclamation. Reclamation is broadly defined as the employment of procedures designed to <br /> minimize disruption from a mining operation and provide for the establishment of a post-mining <br /> land use through implementation of reclamation practices. These practices may include plant <br /> cover, soil stabilization, protection of water resources or other measures to ensure beneficial <br /> use of affected lands once the extraction of minerals is concluded. Reclamation procedures <br /> may be employed during mining, as in a phased mining operation, or after the mineral extraction <br /> operation is concluded. <br /> There is joint agency jurisdiction over hydrologic issues and water quality impacts affected by <br /> mining and reclamation operations at a mine site. As a reclamation obligation, mine operators <br /> must "minimize disturbances to the prevailing hydrologic balance of the affected lands and of <br /> the surrounding area and to the quality and quantity of water in surface and groundwater <br /> systems." To "minimize disturbances to the hydrologic balance" means, but is not limited to, <br /> that mining and reclamation will not offend any federal or state water quality or quantity <br /> standard. Other state agencies have primary authority over water quality and water quantity <br /> (water rights) issues, but the Division and the Board still consider water quality and quantity <br /> issues in the broader context of hydrologic balance. In other words, the Board will not <br /> adjudicate water rights disputes or issue Glean Water Act violations, but it may inquire into <br /> whether a proposed mining operation impacts hydrology. Relevant impacts include impacts to <br /> quality and quantity of water in both surface and groundwater systems for the area due to <br /> mining and reclamation operations. <br /> The Board's jurisdiction does not extend to land use decisions, visual or economic impacts, <br /> noise, traffic, dust' and other nuisances, or socioeconomic issues. Local government, through <br /> the local land use and planning and permitting process, handles these issues. The Board and <br /> the Division do not have authority in such matters. Likewise, impacts to air quality, threatened or <br /> endangered species, discharges into waters of the United States and historic resource <br /> protections are regulated by agencies other than the Board. <br /> If you have specific concerns with issues not within the Board's jurisdiction, the Environmental <br /> Protection Specialist responsible for the application under consideration can provide you with <br /> the name of a contact in the responsible agency. <br /> THE ROLE OF THE DIVISION <br /> The Division employs specialists in mining, geology, hydrology, agronomy, wildlife biology, <br /> engineering, and other scientific disciplines, and administrative personnel charged with <br /> overseeing mining and reclamation activities in the State of Colorado. <br /> 1 Issues related to dust caused by eroding berms or spoils piles may be within the Board's jurisdiction. <br /> 3 <br />