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Hard Rock/Metal Mining Rule 1 <br />1.2 SCOPE OF RULES AND ACTIVITIES THAT DO NOT REQUIRE A RECLAMATION PERMIT <br />1.2.1 Specified by Rule <br />The Board has determined that certain types of activities do not need reclamation permits <br />either because the excavated substance is not a mineral as defined in Section 34-32-103(7), <br />Colorado Revised Statutes 1984, as amended or because the activity is not a mining operation <br />as defined by Section 34-32-103(8), C.R.S. 1984, as amended. Such activities include the <br />following: <br />(a) the exploration and extraction of natural petroleum in a liquid or gaseous state by means <br />of wells or pipe; <br />(b) the development or extraction of coal (refer to the Colorado Surface Coal Mining <br />Reclamation Act Section 34-33-101, et seq., C.R.S. 1984, as amended); <br />(c) smelting, refining, cleaning, preparation, transportation, and other off site operations not <br />conducted on affected land; <br />(d) the extraction of geothermal or groundwater resources; and <br />(e) a custom mill. <br />1.2.2 Reserved <br />1.2.3 Effect of Regulations <br />Nothing in these rules shall supplant, alter, impair or negate the regulatory authority of the <br />Colorado Department of Public Health and Environment in relation to mining operations, nor <br />shall these rules supplant, alter, impair, or negate the authority of other state and federal <br />agencies in relations to mining operations. <br />1.2.4 Extraction or Prospecting on Federal Lands <br />Any person who intends to extract or prospect for minerals on federal lands shall apply for a <br />Mined Land Reclamation Board permit or submit a Notice of Intent to conduct prospecting <br />operations unless specifically exempted by the Board according to the provisions of this <br />Subsection 1.2. <br />