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Reclamation Permit Application Package (111) <br /> Exhibit D—Reclamation Plan <br /> SH-71 Passing Lanes Revision Date: March 01, 2022 Page 5 of 6 <br /> CDOT Project Number: STA 0712-019 <br /> IHC Scott Project Number: 22406 <br /> (1) The operator may permit the public to use lands it owns for recreational purposes in accordance with <br /> the limited landowner liability law contained in article 41 of title 33, C.R.S., except in areas where such use <br /> is found by the operator to be hazardous or objectionable. <br /> (m) With respect to all affected land, the operator, in consultation with the landowner where possible <br /> subject to the approval of the board, shall determine which parts of the affected land shall be reclaimed <br /> for forest, range, crop, horticultural, homesite, recreational, industrial, or other uses, including food, <br /> shelter, and ground cover for wildlife. Before approving a new reclamation plan or a change in an existing <br /> reclamation plan, the board may confer with the local board of county commissioners and the board of <br /> supervisors of the conservation district if the mining operation is within the boundaries of a conservation <br /> district. <br /> (n) If the operator's choice of reclamation is for range, the affected land shall be restored to slopes <br /> commensurate with the proposed land use that shall not be too steep to be traversed by livestock. No <br /> grazing shall be permitted on reclaimed land until the planting is firmly established. The board, in <br /> consultation with the landowner and the local conservation district, if any, shall determine when grazing <br /> may start. <br /> (a) If the operator's choice of reclamation is for agricultural or horticultural crops that normally require <br /> the use of farm equipment, the operator shall grade the affected land so the area can be traversed with <br /> farm machinery. Preparation for seeding or planting,fertilization, and seeding or planting rates shall be <br /> governed by general agricultural and horticultural practices except where research or experience in such <br /> operations differs with such practices. <br /> (p) If the operator's choice of reclamation is for the development of the affected land for homesite, <br /> recreational, industrial, or other uses, including food,shelter, and ground cover for wildlife, the minimum <br /> requirements necessary for such reclamation shall be agreed upon between the operator and the board. <br /> (q)(1)All reclamation requirements required by this section shall be carried to completion with reasonable <br /> diligence and conducted concurrently with mining operations to the extent practicable, taking into <br /> consideration the mining plan, safety, economics, the availability of equipment and material, and other <br /> site-specific conditions relevant and unique to the affected land and the postmining land use. Upon <br /> completion of each phase of mining and, in accordance with the reclamation plan,final reclamation of <br /> each mining phase shall be completed prior to the expiration of five years after the date the operator <br /> advises the board in an annual report that such phase of mining has been completed, unless such period <br /> is extended by the board pursuant to section 34-32.5-112;except that reclamation may be completed in <br /> phases and the five-year period may be applied separately to each phase as it commences during the life <br /> of the mine. <br /> (11)No planting shall be required on affected land: <br /> (A) Used or proposed to be used by the operator for the deposit or disposal of refuse until after the <br /> cessation of operations productive of such refuse or proposed for future mining operations; <br /> (B) Within depressed haulage roads or final cuts while such roads or final cuts are being used or made;or <br /> (C) Where permanent pools or lakes have been formed. <br /> (ill) No planting of any kind shall be required on affected land so long as the chemical and physical <br /> characteristics of the surface and immediately underlying material of such affected land are chemically <br /> incompatible with plant growth, deficient in plant nutrients, or composed of sand, gravel, shale, or stone <br /> to such an extent as to seriously inhibit plant growth and such condition cannot feasibly be remedied by <br /> IHC SCOTT <br />