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Memo to File M-81-302 -2- June 7, 1997 <br /> reclamation plans is wildlife habitat and general agriculture . The <br /> reduced water surface levels in the proposed reclamation plan would <br /> not affect the operator' s ability to achieve the specified post- <br /> mining land uses. A reduction in water surface acreage in the <br /> reclamation plan would tend to enhance general agriculture uses and <br /> would provide an increase in terrestrial wildlife habitat . There <br /> would be a commensurate reduction in aquatic life and water fowl <br /> habitat . The Division has made the finding that the revegetation <br /> plan proposed in the amendment is adequate to meet the post-mining <br /> land uses selected by the operator. <br /> The Boulder County Commissioners express a concern that the <br /> proposed reclamation plan may pave the way for future intensive <br /> development of the site in what may be determined to be an unsafe <br /> and flood-prone area. By increasing the acreage of land surface <br /> while reducing the acreage of water surface within the area to be <br /> reclaimed, the operator would be enhancing the property from a <br /> future development perspective . However, as stated above, an <br /> increase in the acreage of land surface is not contrary to the <br /> post-mining land uses of wildlife habitat and general agriculture . <br /> In order to develop the land, the operator would either have to <br /> successfully achieve these post-mining land uses, and obtain bond <br /> release and reclamation permit termination, at which time the land <br /> owner would be free of any regulation under the Mined Land <br /> Reclamation Act as to how the land is managed, or the operator <br /> would have to obtain approval of a permit amendment changing the <br /> post-mining land use to industrial/commercial . The question as to <br /> whether the Deepe Farm Pit is ,flood-prone,, is addressed below. <br /> The following citations from the statute and the regulations are <br /> pertinent to an operator' s rights to modify an approved reclamation <br /> plan or change the specified post-mining land uses . <br /> 34-32 . 5-109 (3) - No governmental office of the state, other <br /> than the board, nor any political subdivision of the state <br /> shall have the authority to issue a reclamation permit <br /> pursuant to this article, to require reclamation standards <br /> different than those established in this article . . . <br /> 34-32 .5-112 (7) (a) - An operator may, within the term of a <br /> reclamation permit, apply to the board or the office for a <br /> reclamation permit amendment to increase the acreage to be <br /> affected or otherwise revise the reclamation plan. . . <br /> Rule 3 . 1.1 Establishing Post-Mining Land Use <br /> (1) In consultation with the Landowner, where possible, <br /> and subject to the approval of the Board or Office, the <br /> Operator shall choose how the affected lands shall be <br /> reclaimed. These decisions can be for forest, range, <br />