2017-12-29_PERMIT FILE - M2017044

Home Browse Search

-ii- To apply for a Reclamation Permit for a Limited Impact Operation,one(1)signed and notarized original and one(1)copy of the Limited Impact Operation(I I0(1))Application Form,two(2)copies of Exhibits A-J,any required sections of Exhibit S and Geotechnical Stability Exhibit, as required, and outlined in Rules 6.1, 6.2, 6.3, 6.4.19 and 6.5, and an application fee MUST be submitted to the Office. The thirty (30)day period for review of the application and exhibits will NOT begin until all required information is submitted. The Office will then review the submitted information for adequacy. It is recommended that you contact the agencies listed under "Compliance With Other Laws" prior to submitting the application to the Office. You must send a notice, on a form approved by the Board, to the local board of county commissioners and, if the mining operation is within the boundaries of a soil conservation district,to the board of supervisors of the soil conservation district,prior to filing the application. A copy of these 'Notice of Filing Application" forms have been attached for your use. You must include proof of such mailings with the application at the time the application is submitted to the Office for filing(Rules 1.6.2 and 1.6.3). Upon filing the application, place for public review a copy of the application, less confidential items, with the clerk and recorder of the county or counties in which the affected land is located. Any changes or additions made to an application following submittal must be filed with the county clerk and recorder. You must also provide the Office with an affidavit or receipt demonstrating that the change was filed with the county clerk and recorder no later than the close of business on the day the change was filed with the Office(Rule 1.8.1). The copy of the application and any changes or additions placed at the office of the county clerk and recorder shall not be recorded,but shall be retained there for at least sixty(60)days after a decision on the application by the Office and be available for inspection during this period. At the end of this period,the application may be reclaimed by the applicant or destroyed(Rule 1.6.2(2)). Prior to the Office making an approval decision(consideration of the application), you must submit proof of publication and proof of all required notices. Proof of notice may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 1.6.1(fl). APPLICATION REVIEW PROCEDURES: The Office shall approve or deny the application within thirty (30) days of filing unless the date for consideration by the Office is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond thirty (30) days after the last such change submitted. For complex applications,the review period may be extended an additional sixty(60) days. Please see Rule 1.1(9) for the definition of what may constitute a complex application. If the requirements of the Act and Mineral Rules have been satisfied,the Office will approve the application. The Act also provides for automatic approval if no action is taken by the Office by the end of the review period. If the Act and Regulation requirements have not been satisfied,the Office will deny the application. If the Office denies the application, you may appeal to the Board for a final determination by submitting a written request for administrative appeal to the Board within 60 days of the decision date. (Rule 1.4.7) PERFORMANCE AND FINANCIAL WARRANTIES: A performance warranty and a financial warranty, in an amount determined as a part of the application review, must be submitted and approved by the Office prior to permit issuance. If the applicant is a unit of state or county government, then only a performance warranty is required. Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of financial warranty you desire to use. You may obtain the appropriate forms from the Office during the application review period. A financial warranty should not be submitted until a decision on the application has been made. Please note that an application approval does not convey a right to begin operations. You must submit, and have approval of your performance and financial warranties, and receive your copy of the signed permit document prior to beginning on-site mining activity. COMPLIANCE WITH OTHER LAWS: Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board does not relieve you of your responsibility to comply with all other applicable state and federal laws (Sections 34-32-115(4)(c) and 34-32-109(5), C.R.S. 1984, as amended). At a minimum,you MUST contact the following agencies to determine whether you need to comply with their legal requirements: