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Rationale for TR-06 Approval-Western Mobile Page 7 <br /> Deepe Farm Pit, Permit No. M-81-302 <br /> September 15, 1997 <br /> a. Section 34-32.5-116, C.R.S., and Rules 3.1.1(1) and (2) specify that the <br /> operator, in consultation with the landowner, shall choose how the affected <br /> lands shall be reclaimed and shall formulate a reclamation plan. As noted <br /> above, the Act does not allow a denial of the reclamation plan formulated by <br /> an operator unless specific denial criteria apply. In reviewing any proposed <br /> reclamation plan, the Division will make a determination as to whether the <br /> plan meets the minimum requirements of the Act and Rules. At construction <br /> materials sites, the Division does not have the authority to require an operator <br /> to consider alternative reclamation plans, as long as the plan provided by the <br /> operator meets the minimum requirements of the Act and Regulations for <br /> approval. <br /> b. The City of Boulder requests that the Division delay its decision on technical <br /> revision TR-06 for nine months. Rule 1.9 specifies that the Division act on a <br /> technical revision application within 30 days of its filing. The Division is <br /> possessed of no regulatory authority to delay the decision beyond this 30 day <br /> period. Quite often, the review period for a technical revision is extended <br /> beyond 30 days, but this is only done at the behest of the applicant to provide <br /> additional time to address any adequacy concerns the Division may have. Once <br /> all adequacy concerns are addressed to the satisfaction of the Division, the <br /> application must be acted upon by the decision date that has been established <br /> and, if the specific denial criteria listed in the Act do not apply, that decision <br /> must be an approval. <br /> C. The City of Boulder requested that if the decision on the technical revision <br /> cannot be delayed, the application be denied. The justification given for this <br /> request is that the Deepe Farm Pit perimeter levee may not conform to the <br /> South Boulder Creek master plan that is going to be developed. This <br /> justification is not relevant to the Division's process under the Act and Rules, <br /> because even if the levee does not conform to a master plan adopted by a local <br /> land use authority, the Division does not possess the regulatory authority to <br /> require the operator to conform the reclamation plan to such a master plan. <br /> If, at a future point, there is some specific and expressed local requirement that <br /> the operator conform the Deepe Farm Pit perimeter levee to a flood. plain <br /> master plan, and that mandate requires a change in the approved reclamation <br /> plan, it would be incumbent upon the operator to submit a technical revision <br /> or amendment prior to implementation of the levee conformation . Any <br /> reclamation plan submitted to the Division that meets the minimum <br /> requirements of the Act and Rules, and to which any of the denial criteria <br /> listed in the Act do not apply, must then be approved by the Division. Under <br /> 34-32.5-109(3) C.R.S., operators are also subject to local zoning and land use <br />