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_ENFORCEMENT - M1978352 (13)
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_ENFORCEMENT - M1978352 (13)
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Last modified
8/11/2022 2:33:33 PM
Creation date
11/21/2007 10:41:29 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978352
IBM Index Class Name
Enforcement
Doc Name
APPENDIX TO MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR IN ALTERNATIVE FOR SUMMAR
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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PULE E1: RECLAMATION PERFOANCE. STANDAP,DS <br /> In consultation with the landowner. where possible, and subject to the <br /> approval of the Board, the operator shall choose how the affected lands <br /> shall be reclaimed. These choices can be for forest , range, crop, <br /> horticultural , homesite, recreational , industrial , or other uses, includ- <br /> ing food , shelter and ground cover for wildlife. <br /> Reclamation shall be required on all the affected land except that the <br /> operator may substitute land previously mined and owned by the operator <br /> but not otherwise subject to the Mined Land Reclamation Act , or he may <br /> reclaim an equal number of acres of any land previously mined, but not <br /> owned by the operator, if the operator has not previously abandoned unreclaimed <br /> mining lands. This can be done only with the approval of the Board and the <br /> owner of the land to be reclaimed. <br /> 116(I ) (r)A11 reclamation shall be carried to completion by the operator with all <br /> reasonable diligence, and each phase of reclamation shall be completed <br /> within (5) years from the date the operator informs the Board that such <br /> phase has commenced, unless extended by the Board. The 5-year period may <br /> be applied separately to each phase as it is commenced throughout the life <br /> of the mine. <br /> 116(I) (n)On lands owned by the operator, the operator may permit the public to use <br /> the same for recreational purposes , in accordance with the limited landowner <br /> liability law contained in Article 41 of Title 33 , C.R.S . 1973, except in <br /> areas where such use is found by the operator to be hazardous or objection- <br /> able. <br /> The operator shall set forth the measures he will take to meet all the <br /> requirements of this rule by addressing : <br /> 6. 1 Grading <br /> 1160) (b) Gradina shall be carried on so as to create a final topography <br /> appropriate to the final land use selected in the reclamation plan. <br /> a. When backfillinq is a part of the plan , the operator shall replace <br /> overburden and waste materials in the mined area and shall insure <br /> adequate compaction for stability and to prevent leaching of toxic <br /> materials. <br /> 116(1) (i ) b. All grading shall be done in a manner to control erosion and <br /> siltation of the affected lands . to protect areas outside the <br /> affected land from slides or other damage. If not eliminated , <br /> all highwalls shall be stabilized. <br /> c. All backfilling and grading shall be completed as soon as feasible <br /> after the mining process. The operator shall establish reasonable <br /> timetables consistent with good mining and reclamation procedures. <br /> 116( 1 ) (dGe) d. All refuse and acid-forming or toxic producing materials that <br /> have been mined shall be handled and disposed of in a manner that <br /> will control unsightliness and protect the drainage system from <br /> pollution. <br /> - 34 - <br />
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