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<br />Page 2 <br />the location of the activities of Schlage, and show how the structures and activities will affect the <br />mining operation and how they will affect reclamation of the site. <br />The overall regulatory purpose of the Construction Materials Act is for the Division and <br />the Mined Land Reclamation Board to enforce the mining and reclamation requirements <br />established under the Act and regulations promulgated thereunder. The Act also provides that if <br />an operator fails to perform reclamation requirements, then the Division must do so [o the extent <br />financial resources are available. §§ 34-32.5-117(4)(6) and 118(5), C.R.S. In order to <br />determine and enforce regulatory requirements against an operator or to take over reclan~ation <br />responsibilities, DMG must know what the on-the-ground conditions aze at the site. Otherwise, <br />DMG cannot determine the operator's reclamation obligations or its own should the operator fail <br />to reclaim the site. Accordingly, the permit must show everything that is present in the permit <br />area. Maps on file with the Division must show structures in the permit area and must reflect <br />current conditions at the site. See Rule 6.4.3. <br />In addition, the operator must provide in the permit what happens to any structures built <br />subsequent to the issuance of the permit. As stated above, the presence of the structures may <br />affect reclamation needs, the amount of the bond and the operator's legal right to enter the <br />property and mine. See §§ 34-32.5-112(1)(c )(4) and (16(4)(r ); see also Rules 3.1.11 and <br />6.4.14. For exatnple, if the structures are mining-related and have to be dismantled by [he <br />operator, then the reclamation plan must contain requirements to that effect and the Division may <br />need to increase the bond to cover its ability to dismantle the structures should the operator fail <br />to do so. If the structures or activities aze not mining-related and will not affect the tnining <br />operation, the Division must have documentation in the permit to establish those facts to ensure <br />that regulatory requirements are being tnet. <br />Without this information being part of the permit, DMG cannot make these <br />determinations. Transit Mix must submit a modification to its permit to show the location of the <br />structures built or to be built by Schlage and how Schlage's activities and structures affect or <br />change the mining operation and reclamation requirements. Once the Division receives and <br />reviews the information in the modification application, the Division can determine whether <br />Schlage's activities and structures affect or changeTransit Mix' mining attd reclamation <br />obligations. <br />cc: Bruce Humphries, DMG <br />Jim Stevens, DMG <br />AG ALPHA NFMNICDAD <br />AG File: DOCUMENT2 <br />