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MEMO to All Minerals Stajf <br />December I7, 2002 -Weed Control Policy <br />Page 2 <br />2. Applicable Regulafions: <br />Regulations referenced below reflect the consistent themes that operations and reclamation are to be <br />conducted in such a way as to minimize adverse environmental impacts, and ensure that reclaimed lands <br />will support the approved post mining land use. References to noxious weeds reflect the fact that in <br />some instances, special management practices may be required to control undesirable plant species and <br />prevent their spread in order to minimize offsite impacts, and ensure that reclaimed lands will fully <br />support the post mining land use. <br />A. Rule 3.LI0(6) in 2 CCR 407-1, 2 CCR 407-4 <br />The Rules state, "Methods of weed control shall be employed for all prohibited noxious <br />weed species, and whenever invasion of a reclaimed area by other weed species seriously <br />threatens the continued development of the desired vegetation. Weed control methods <br />shall also be used whenever the inhabitation of the reclaimed area by weeds threaten <br />further spread of serious weed pests to nearby areas." <br />B. Rule 4.15.1(3), 4.16.2(2) oft CCR 407-1 and 2 CCR 407-4 <br />Irr part says, "...inspect the lands and reclamation described in the notice to determine if <br />the Operator has complied with all applicable requirements." <br />3. The Operators Responsibility for the Management of Noxious Weeds During Mining Operations <br />and Reclamation: <br />It is the responsibility of the operator to monitor affected and reclaimed lands for noxious weed <br />infestations. The need for weed control should be evaluated whenever infestations of noxious weeds <br />occur on affected lands, or reclaimed lands. The Office recommends that operators consult the local <br />weed control agency in their county (state or county extension personnel, or weed control district <br />officials listed in Section 5) or other weed control experts where infestations occur on lands within the <br />permit area. As part of the permit review process and if indicated in the opinion ofthe Office as a result <br />of the pre-operational inspection, the Division may require a weed control plan as part of the <br />application. <br />If in the course of an inspection of an existing permitted site, the Division finds that there exists an <br />infestation of noxious weeds on lands disturbed by the mining operation, the Division may require a <br />revision to the approved plan, or development of a plan where none exists. Where a noxious weed <br />problem exists, the operator shall be given a reasonable amount of time to demonstrate significant <br />progress correcting the situation prior to any kind of Board action. <br />Once developed, the noxious weed control plan shall be submitted to the Division as a technical <br />revision for review and approval. <br />