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roads...land excavations; explorations sites; drill sites or workings; (emphasis added); and azeas <br />in which structures, facilities, equipment, ... or other materials or property that result from or <br />are used in such operations are situated." (emphasis added). <br />The definition of "affected land" is very broad and encompasses the inclusion of lands for which <br />activity associated with mining and reclamation operations occurs or may occur. In the case <br />of the application you discuss, the applicant chose injection wells and the placement of those <br />injection wells as a means to minimize impacts to the "prevailing hydrologic balance" (C.R.S. <br />34-32.5-116(4)(h)). The Division does not recommend what measures must be used to mitigate <br />an issue at mine sites. Our role is to analyze what is proposed, and in some instances <br />recommend alternatives, the choice is the applicant's. <br />As to the second point in the above referenced paragraph, the Division's jurisdiction extends <br />only to those areas specifically spelled out in the Act and the implementing Rules and <br />Regulations: I draw your attention to C.R.S 34-32-116(4)(1) that states, "Areas outside of the <br />affected land shall be protected from slides or damage occurring during the mining operation and <br />reclamation." The Division has interpreted this to mean physical damage to property. For <br />example, if an operator is blasting, the Division will analyze the proposed blasting program to <br />ensure that the neazest structure not owned by the operator will not be damaged due to air blast <br />and ground vibration. The Division's review of the application is designed to ensure that mining <br />and reclamation related impacts to property off-site aze minimized. <br />We do not enforce other agency statutes, rules or regulations. In fact the Board has given us <br />strict instructions to not enforce statutes, rules or regulations of other agencies..As an example, <br />blowing dust from product stockpiles falls under the authority of the Colorado Department of <br />Public Health and the Environment, Air Pollution Control Division. Blowing dust off reclaimed <br />sites is wind erosion and would fall under the jurisdiction of the Division, as has been affirmed <br />by the Board in a violation hearing. <br />Our Ms. Erica Crosby is the Environmental Protection Specialist that is handling the application <br />that is discussed in your letter to Ms. Ortiz. I had the pleasure of meeting with Ms. Ortiz and the <br />attorney representing the applicant. It was my direction to Ms. Crosby on how to handle the <br />items you discuss in your letter to Ms. Ortiz. <br />In sumnnary, you as a landowner aze not required to allow an operator on your property. If you <br />do not grant access, the applicant is required to seek other alternatives, in this case, to address <br />minimization of hydrologic balance issues. Any land upon which muting activities occur is <br />affected land and must have a reclamation plan and associated reclamation bond. This is a <br />protection granted by the Act to landowners. The Division has been instructed by the Mined <br />Land Reclamation Board to not enforce other agencies rules and regulations, in fact we have a <br />number of memorandums of understanding (MOIL) that detail where our jurisdiction begins and <br />ends where there is regulatory overlap between agencies. <br />If you would like to discuss these issues or any other issue related to the Minerals Program, <br />please feel free to contact me at (303) 866 4925, or make an appoint to meet in person. <br />