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-; - ~ r <br />Letter to Richael Michels -2- November 7 1995 <br />action against the operator for non-compliance with conditions imposed by <br />the Lorimer County Commissioners. Please note that section 34-32.5-109(3) <br />of the Colorado Land Reclamation Act for the Extraction of Construction <br />Material:a states: <br />The operator shall be responsible for assuring that the mining <br />operation and the postmining land use comply with city, town, <br />county, or city and county land use regulations and any master plan <br />for extraction adopted pursuant to section 34-1-304 unless a prior <br />dec:Laration of intent to change or waive the prohibition is obtained <br />by the applicant from the affected political subdivisions. Any <br />mining operator subject to this article shall also be subject to <br />zoning and land use authority and regulation by political <br />subdivisions as provided by law. <br />As you c;an see, the statute subjugates operators to local land-use <br />authorit}~, however, the Division of Minerals and Geology will not enforce <br />the terms; of any permits, laws or regulations other than our own. <br />4. You asked for information about the Reclamation Permit process in <br />general. I have enclosed a copy of the Construction Material Rules and <br />Regulations and a copy of a Regular (112) Permit application. There are <br />separate sets of regulations for the mining of metals or of coal. I would <br />recommence that you review the application form, as well as Rules 3.1 and <br />6.4 for a general overview of the permitting process <br />If you have any questions, please contact me. <br />Sincerely, <br />~/ <br />Allen C. Sorenson <br />Reclamation Specialist <br />enclosure(s) <br />and requirements. <br />C:\WPS1\KEFIN.CTY <br />