PERMFILE69094

• Permit No: M1997089
• IBM Index Class Name: Permit File
• Doc Date: 1/30/1998
• Doc Name: FAX COVER
• From: NELSONS INC
• To: DMG
• Media Type: D
• Archive: No

' SENT ~EsY~NIEL50N''~ INC. -20-99:1447 ~ NIEL50N5 C~EZ~ 970 247 5104;# 3
to be subject to the Rules implementing the MLRA. A commentor representing operations
which extract materials such es limestone, advised the committee that such materiel has
multiple uses; these operations may primarily produce for construction materials at one time
and may then produce primarily for agricultural or industrial use at other times. Concam was
expressed that such production patterns may cause undue hardship for operators, perhaps
even requiring new permits every time their product market changed. A provision has been
made to allow these operations to request a declaratory order from the Mined Land
Reclamation Board to determine under which Act such operations should be regulated, see
Rule 1.11.1(2) regarding Conversions. Rule 8.3.3(n) in Exhibit C -Mining Plen (for 110 end
111 opera*.'ons) and 6.4.4(8) in Exhibit D-Mining Plan (for 112 operations), have been added
which require operators to identify what materials they are extracting and to declare what the
materials are to be used for so that the Division can correctly determine which set of Rules
and Stetut~ ry.provisions apply to such operations.
RULE 1: GENERAL PR VISIQN AND REQUIREMENTS -PERMIT PRQCESS
Rule 1.1 Definitions:
RWa 1.1(2) "Activity":
"Activity" has been amended by defetin8 the reference to "milling" because this process is
related to metal mining end therefore is inappropriate in reference to construction materials
operations,
Rule 1.1(~I "Aggrlewd":
This term yea been defined because the Act 3 34-32.6-114 provides that only aggrieved
persona n~ :y file written objections to an application for a permit and petition for a hearing.
The defini t on in these Rules parallels the definition established in the Act. The Of:ice notes
that the uefinition of this term is sufficiently broad so that the maximum amount of
psrticipatinn in the permitting process has been maintained in the Act end these Rules. § 34-
32.E-10311.61,C.R.S. See Rule 1.7.1.
Rule 1.1(11) "Constuction Material':
This farm teas been added to delineate the parameters of minerals covered by the Act. Ths
definition parallels the definition in the Act. 34-32.6-103(3), C.R.S.
Rule 1.1(121 'Custom Mill": '
This term ~ ias bean deleted because conatruetlon materiels ere not the types of mlr~jrsls that
use custr~~n mills, and there is no need for this definition in these rules.
Rule 1.1(° 31 and (14) "Exploration" and "Exploration Notice":
These tear:ta have bean added to these Rules heeause those are the terms used in the Act to
denote artlvfties which pone minimal eonsequencea for the health or safety of persona,
property fir the environment and which are similar to those referred to es 'Prospecting" and
"Prospecting Notices', raepectlvely, in the MLRA end its implementing Rules. The definition
of 'Exploration" in these Rules parallels the definition in the Act. § 34.32.6-103(9), C.R.S.
The tarmt "Prospecting' and "Prospecting Notice' have been deleted because the farms used
in the Aar. for these types of activities era 'Exploration" and 'Exploration Notice". All
references in the Rules implementing the MLRA to 'Prospecting' and 'Prospectirg Notice"
have been changed to 'Exploration' and 'Exploration Notice' in these Rules.
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