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Page 142 <br />Hazd Roclr/Metal Mining Rule 7 <br />designation by the Office. Burden of proof to reverse the Office's <br />determination shall be on the Operator/Applicant or Applicant. <br />(2) If the Operator/Applicant appeals under Pazagraph (1), above, the <br />Office, after notice to the Operator/Applicant, shall schedule the matter for a Boazd <br />Hearing. <br />7.2.5 Existing Permit -Adequate for an Environmental Protection Plan <br />(1) If an existing permit contains the necessary elements of an <br />Environmental Protection Plan, the Office or the Boazd will deem the existing permit <br />to be adequate to comply with the Environmental Protection Plan requirement, <br />(Section 34-32-116.5(4)(a), C.R.S. 1984, as amended). <br />(2) The Office may require that the Operator provide an Environmental <br />Protection Plan, as an Exhibit sepazate from the existing Reclamation Plan and cleazly <br />mazked as the Environmental Protection Plan. New information may not be required, <br />provided the Plan complies with Subsection 6.4.19 and this .Rule 7. The <br />Environmental Protection Plan submission shall reference appropriate portions of the <br />existing permit application, but shall be clear and concise and shall adequately address <br />those issues that the Environmental Protection Plan is to address. <br />(3) If there aze no substantive changes to approved on-site activities, the <br />Office review shall be considered a Technical Revision to the Permit for the purpose <br />of processing the Operator's request. <br />7.2.6 Exemption firom Designation <br />(1) If an Operator or Applicant demonstrates to the satisfaction of the <br />Office or the Board, at the time of applying for a permit, or at a subsequent hearing, <br />or after notification given pursuant to Subsection'1.2.2 of this Rule, that designated <br />chemicals will not be stored or used on-site for extractive metaIlurgical processing, <br />toxic or acid-forming materials wiIl not be exposed or disturbed in quantities sufficient <br />to adversely affect human health, property or the environment; and that acid mine <br />drainage, as defined in Rule 1, will not occur as a result of mining operations, the <br />Board shall exempt such existing operations from the requirements of this Rule 7, <br />which Rule implements Section 34-32-116.5, C.R.S. 1984, as amended. <br />(2) Nothing in the Board Exemption shall exempt an Operator where site <br />conditions or circumstances change, or aze not as presented by the Operator in an <br />application or at a Board Hearing on the proposed or existing activities. <br />