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<br /> <br />Page 2 <br />the location of the aeti~rities of Schlage, sad skow ko.~ the structures and activities will aft'cc[ the <br />mining operation and how they will affect reclamation of the site. <br />:~_ <br />~-t <br />,, <br />1 <br />The overall regulatory propose of the Construction Materials Act is for the Division and <br />the Mined Land Reclamation $oard 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 to the extent <br />financial resources are available. §§ 34-32.5-117(4)(b) and 118(5), C.R.S. In order to <br />determine and enforce regulatory requirements against an operator or to take over reclamation <br />responsibilities, DMG must know what the on-the-ground conditions are at the site. Otherwise, <br />DMG cannot deterarirte 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 />azea. Maps on file with the Division must show structures in the permit azea and must reflect <br />current conditions at the site. See Rule b.4.3. <br />In addition, the operator mtut 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 116(4)(r ); see also Rules 3.1.11 and <br />6.4.14. For example, if the structures aze mining-related and have to be dismantled by the <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 mining <br />operation, the Division must have documentation in the permit to establish those face to etLSUre <br />that regulatory requiremenu are being met. <br />R'ithout 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 and reclamation <br />obligations. <br />cc: Bruce Humphries, DMG <br />Jim Stevens, DMG <br />wu»~ wawucpnn <br />AG File: IK7ClJMFNfI <br />£0'd £I~£T 00. G oaQ <br />t <br />85S£998£O£~Xpd <br />