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STATE OF COLORADO PIVISIAN AF MINERALS nND Geotoev PePaftfne(tl o(~atNfal ResaNrces 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: 1307) B6(i-3567 FAX: (303) BJ2~lf106 MEMO MINERALS PROGRAM POLICY TO: Minerals Staff FROM: HBH DATE: August 18, 1997 DIVISION OF MINERALS GEOLOGY R E C L A M A T I O N MINING•SAFETY Bill Owens Governor Greg E. Watcher ERecunve Director Michael B. Long Division Duecror RE: Post Mining Land Use and Reclamation Plan Change- Revised May 6,1998, April 5, 2000 (Subject to change without notice) This policy is applicable where the landowner of a site under a Mined Land Reclamation Board permit desires a post mining land use and/or reclamation plan change. This particulaz circumstance results where the landowner has denied the operator access to complete reclamation because the landowner wants the mined site substantially left in its present condition in order to satisfy a land use differing from what currently exists in the approved permit. Sometimes the proposed use will be the same, but may require leaving a feature that under the approve~i reclamation plan would need some type of reclamation. This circumstance usually results it3 a lowered or reduced reclamation liability to the permitted operator, and occurs at the end of the life of the mining operation. The Board has determined that changing the post mining land use and/or reclamation plan requirements under the circumstances described above may only be done with direct Board approval. PROCEDURE: The operator must submit a request for reclamation liability release. The procedures set forth in Rules 4.16 through 4.18 shall be followed. Upon receipt of the request, the Division shall conduct the required release request inspr:ction. If the site conditions differ significantly from what is required in the approved reclamation plan, the Division must deny the request and schedule the matter for the next regularly scheduled Boazd heazing. It is the operator's responsibility to provide a clear written description of all proposed changes to the post mining land use and reclamation plan. (This document shall be presented to the Board at the hearing.) The operator must also provide a signed, notarized letter from the landowner stating that the landowner accepts the proposed changes to the post mining land use and reclamation plan. The letter must include a statement that the landowner will not hold the State of Colorado, Mined Land Reclamation Board, or Office liable for any further reclamation at the site. (Example copy attached) i:cr.~~ tGe [ exar.,~l Y ~rrc~ _f ~ u.ot -~.r a f~rn~~ Type e~ c.re wG4"~' ~~e ( R».C ;s b ~..y : o!/ f ,: a ae.~, I~~.~.w ' r.,~l~ ~l,~r ~ ~ ~~ ~~rr.,. ~ t/~rtc~ .~~~- ~~++~ FH. y~ care ! 7~~ 1 0~ h Y'^~ ~~... ~~ leTli~ ~1 ~tiurbe~' c..6av~[ ~i~°.