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~: <br />JUhl-19-1999 12 82 <br />F.OTHGERREP. J0HN50N°a~Y0N5 <br />• <br /> <br />307 538 5252 P.03 <br />accustomed to permit procedures which require the collection of data sufficient to establish <br />suitable enforcement standards before a permit is ganted. The plain language of the Colorado <br />Mined Land Reclamation Act is consistent with this experience. The approval of a Monitoring <br />Progam which authorizes commencement of mining operations before standards are established <br />is contrary to that experience. <br />The record includes two lengthy comments from General Chemical on the subject. An <br />excerpted copy of its letter of May 17, 1999, is attached as Exhibit B. In that letter, General <br />Chemical set forth in detail its position concerning the statutory requirements governing the <br />approval of permit applications. The key points of the letter are that: <br />• An operator must obtain a permit before engaging in a <br />mining operation. <br />• Mining operations are defined by statute to mean <br />development or extraction, and development includes <br />"conducting pilot plant operations." <br />• The permit application must include a reclamation plan <br />which contains baseline data sufficient to determine whether <br />the applicant can meet its statutory duty to minimize <br />disturbances to surface and gaundwater systems. <br />• The establishment of standards is an essential prerequisite <br />for enforcement, and for the creation of a warranty of <br />performattoe. <br />2 <br />