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MEMO MINERALS PROGRAM POLICY TO: Minerals Staff FROM: FIBH ~~"~~ DATE: August 18,1997 RE: Post Mining Land Use and Reclamation Plan Change- Revised May 6,1998, Apri15, 2000, December 2, 2002 (Subject to further change without notice) This policy applies where a landowner with property under a Mined Land Reclamation Boazd permit desires to change the approved post mining land use and/or reclamation plan. This circumstance results when landowners (a) change their mind about reclamation or (c) deny operators access to complete reclamation. Typically, the landowner wants to leave the site substantially in its mined condition to satisfy a land use different from that approved in the permit. Sometimes the proposed use will be the same, but may require leaving a feature that under the approved reclamation plan would need some type of reclamation. This circumstance usually lowers or reduces reclamation liability to the Permittee, and occurs at the end of the life of the mining operation. The Board detettnined on November 19, 2002 that in order to change the post mining land use or reclamation plan, under the circumstances described above, the Permittee must file a pemut revision with the Division (Amendment of TR). PROCEDURE: • The Permittee must provide evidence that efforts to reach an agreement with the landowner allowing the Permittee to complete reclamation aze not likely. • The Permittee must also show it is unlikely that the landowner will accept the permit through a "Succession of Operator." • The Permittee must provide evidence that an alternate site of reclamation under the provisions of Sections 34-32.5-116(4)(q){IV} or 34-32-116(7}(q)(lIl) is reasonably not available. • Once a request for reclamation orpost-mining land use change is received and the Division determines that the above two conditions have been met, the Division shall