Laserfiche WebLink
<br />E indicates that periodic reclamation is planned and, with <br />more specific information, Robinson will have committed <br />itself to opening limited amounts of land by virtue of its <br />application. <br />Rule 6.1.c requires that all backfilling and grading <br />shall be completeed as soon as feasible after the mining <br />process and the operator shall establish reasonable timetables <br />consistent with good mining and reclamation procedures. <br />Based upon this regulatory authority and the reference to <br />periodic reclamation in the application, the Board will be <br />able to limit the amount of acreage opened at one time. <br />It should be noted that the Fugitive Dust Law requirements <br />of the State of Colorado would not necessarily limit the <br />amount of disturbance at any one time because fugitive dust <br />emissions can be controlled over large areas by watering and <br />various other means. It is important to note, however, that <br />Robinson must comply with applicable standards and it is <br />possible that the means of meeting those requirements will <br />be to limit the amount of open unreclaimed land at any one <br />time. <br />9. A performance bond should be posted to assure the completion <br />of reclamation if leaseholders change, or operation is <br />discontinued for a significant amount of time. <br />The Declamation Act and regulations promulgated pursuant <br />thereto require the Board to obtain a surety to insure <br />compliance with reclamation requirements. However, there is <br />a significant limitation in X34-32-110(3) which provides <br />that the surety for a limited impact operation is not to <br />exceed $2,500. Assuming that only 6 acres are involved, a <br />conservative estimate of reclamation costs would be between <br />$6,000 and $6,600. Since the Act provides that amounts in <br />excess of $2,500 cannot be required, a real problem exists. <br />If it is discovered the operation affects more than 10 <br />acres of land, Robinson would be required to obtain a standard <br />permit and there is no ceiling placed on the surety which <br />the Board may require. Therefore, if it could be established <br />that more than 10 acres is involved, the Board caould require <br />a surety covering the total reclamation costs. <br />An inquiry should be made to determine whether the City <br />or County may have an existing land use or zoning provision <br />which may require a performance bond. If so, it is possible <br />that such a requirement could be used to supplement the <br />$2,500 surety submitted to the Board and cover the total <br />-7- <br />