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Thee Division will provide a copy of a notice to the landowner. The notice shall state that the <br />State of Colorado and the Mined Land Reclamation Board cannot require the operator to <br />complete site reclamation once the operator is released from reclamation liability. Proof that <br />the landowner has been notified shall be by certified mail. <br />At the Board hearing, the permittee must provide evidence that efforts to reach an agreement <br />with the landowner allowing the permittee to complete reclamation are not likely. The permittee <br />must also provide evidence that efforts to have the landowner complete the "Succession of <br />Operator" and reclamation processes are not likely. <br />The opt;rotor must provide evidence that an alternate site of reclamation under the provisions of <br />Sections 34-32.5-116(4)(q)(N} or 34-32-116(7)(q)(IIn is reasonably not available. <br />Based on evidence presented at the Board hearing, the Board will make the determination as to <br />the pertnittee's reclamation obligations. <br />It is recommended that the operator and, if possible, the landowner attend the Board hearing to <br />make the presentation and to answer questions from the Board. Since the Division denied the <br />request for reclamation liability release, it is not appropriate for the Division to present the <br />permittt;e's request. <br />This policy is not applicable and cannot be used where the landowner and the <br />permittee are the same person. <br />Clpolicy/rtleasHchg post min land use tcc plan <br />