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w <br />• III IIIIIIIIIIIIIIII <br />~9 <br />STATE OF COLOlZADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department ,d Natural Resources <br />1717 Sherman 51., Room .15 <br />Denver, Colorado BU?U3 <br />phone: 17UJ1 HbbJ 567 <br />FAY: IJO71 A3'_~81115 <br />December 14, 1998 <br />Mr. AI Mosch <br />P.O. Box 751 <br />Idaho Springs, CO 80452 <br />RE: NEED FOR STATE RECLAMATION PERMIT, Comstock Mine <br />Dear Mr. Mosch: <br />~~ <br />DEP,gRTMEN'i OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Execurive Director <br />Michael B. long <br />Division Dueaar <br />Enclosed are copies of Rules 1.2 and 2.5 from the Mineral or Construction Materials Rules and Regulations <br />of the Colorado Mined Land Reclamation Soard. To determine if you need a permit for your proposed <br />activity, first check Rule 1.2 which describes activities the Board has determined do not require state <br />reclamation permits. If you find a match, you can proceed based on your interpretation of the rule, but at your <br />risk. If you want to be sure or are uncertain how the Rule may apply to your activity, you should follow the <br />procedures described under Rule 2.5 and petition the Board for a Declaratory Order exempting your activity <br />from the requirement to have a state reclamation permit. <br />The Board has directed the Division to make a preliminary determination, regarding the petition and to advise <br />you of that determination. A determination by the Division, however, does NOT give you the level of <br />protection a Declaratory Order Flom the Board gives. If the Division is uncertain as to your need for a permit, <br />the Division will schedule a hearing before the Board for a Declaratory Order. <br />Please include in your petition answers to the following questions. These are some of the questions the <br />Board typically asks of petitioners for a Declaratory Order for a waiver from the requirement to obtain a Mined <br />Land Reclamation permit: <br />Please give the legal Ior~Ltion of the proposed project and submit an index map that clearly delineates <br />the location of the proposed extraction site and the location of the nearest city, town, county, etc. <br />2. Is the site of material extraction public or privately owned property/? <br />3. What type(s) of material is proposed to be extracted? <br />4. Will the extracted material be hauled offsite or used on the same parcel of property where the material <br />is extracted? <br />5. W hat on site use will be made of the extracted material? <br />~. If thA r's~fefi?I ie harJlPr+ nffciTo rprhoyo ,Hill I} t`e honlar+ ef`!'7 ~p~L~71 ie tie il+forrlorl ner,9 <br />