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INTRODUCTION <br />Statute: 34-32.5-115 (4) (a) <br />(c) <br />(d) <br />34-32.5-116 (4) (h) Supports 34-32.5-115(c) <br />Application is inadequate as & addresses (in most instances) only the existing 40 <br />acre <br />34-32.5-115. Action by board - appeals. (4) In the determination of whether <br />the board or the office shall grant a permit to <br />an operator, the applicant must comply with the requirements of this article <br />and section 24-4-105 (7), C.R.S. The board or office shall not deny a permit <br />except on one or more of the following grounds: (a) The application is <br />incomplete and the performance and financial warranties have not been <br />provided(c)Any part of the proposed mining operation, the reclamation <br />program, or the proposed future use is contrary to the laws or regulations of <br />this article.{d)The proposed mining operation, the reclamation program, or <br />the proposed future use is contrary to the laws or regulations of this state <br />or the United States, including but not limited to all federal, state, and <br />local permits, licenses, and approvals, as applicable to the specific <br />operation. <br />34-32.5-116. Duties of operators - reclamation plans.(4) Reclamation plans <br />and their implementation are required on all affected lands and shall conform <br />to the following requirements: (h) Disturbances to the prevailing hydrologic <br />balance of the affected land and of the surrounding area and to the quality <br />and quantity of water in surface and groundwater systems, both during and <br />after the mining operation and during ,reclamation, shall be minimized. <br />Nothing inthis paragraph (h) shall be construed to allow the operator to <br />avoid compliance with other statutory. provisions governing well permits and <br />augmentation requirements and replacement plans when applicable. <br />34-32.5-115. Action by board - appeals. (c) Any part of the proposed mining <br />operation, the reclamation program, or the proposed future use is contrary to <br />the laws or regulations of this article <br />Statute: 12-25-102(10) (attached) <br />This application for expansion to the existing Sokol Pit should be denied due. <br />to a violation of the Professional Engineer legal requirement. <br />Failure of Public Notification process was flawed -our efforts to participate <br />were hampered. <br />3 <br />