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according to the approved plan, with the understanding that a diverse, effective, nd long-lasting vegetative cover as specified in Rule 3.1.10 will not be required for financial w anty release. The Division expects that the operator make a reasonable effort to reclaim these ands and stabilize them from wind and/or water erosion. 5. Page 3 of the revision application states "the accounting system approved in e 1997 Regular 112 Conversion provides for the exclusion of Prelaw Affected Lands from bein included in the total of affected lands to be warranted for." The Division agrees with this asses ent provided the operator does not use these previously affected lands during any phase of th mining and/or reclamation phase of the operation. 6. Page 4 of the revision application states ..... "Where reclamation and reveget tion is attempted on pre-law affected lands (PL) and pre-law mazginally affected lands ML), the requirements of Rule 3.1.10(1) will be waived, per rule 3.1.10(8)(e). Where rev getation is successful on pre-law affected lands and pre-law mazginally affected lands it sh 1 provide credit to the operation under Rule 3.1.10(9) as substitute lands for those areas where re egetation efforts fail on affected lands (AL) to an equivalent extent as, where such lands h ve received a minimum of two seeding/planting attempts over a five year period (typical phas upon completion of mining) during the life of the operation." The Division agrees wi the concept of substitute acreage to be applied during future reclamation of affected lands at th quarry. However, credit can only be given for successfully reclaimed pre-law affected a reage and not pre-law marginally affected land. The operator will be expected to reclaim and tabilize pre-law marginally affected land, but will not be subject to the requirements of Rule 3.1. 0(1) for these lands. Further, the operator must first obtain the approval of the Colorado Mine Land Reclamation Board (Board) and any other surface owners before a substitute lan s account can be established. Upon the operator's request, the Division will schedule this ma r for Board consideration. 7. Page 4 of the revision application states that 90% of the existing roads will b retained following completion of mining and as such should not be accounted for in the nancial warranty determination for the affected lands. The Division agrees with this ass ssment. Further, any pre-existing road(s) used for the operation and development of the uarry may be exempt from "affected land" status upon a demonstration that the road(s) haven t been significantly upgraded for the purposes of the current operation and developmen of the quarry and upon receipt of a notazized letter from the surface owner stating that such ro d(s) will remain following mining and reclamation of the quarry. The operator may request fina cial warranty release for any affected land acreage meeting the above criteria. The request for financial warranty release should include a map of the quarry showing the location of the oad(s) in question and those portions of the road(s) which are to be exempt. 8. The Division will consider any future request for financial warranty release stjbmitted in conformance with the provisions of Rule 4.16.3.