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<br />All Minerals Staff <br />Page 2 <br />Apri123, 1998 <br />APPLICABLE REGULATIONS: <br />Regulations referenced below reflect the consistent themes that operations and <br />reclamation are to be conducted in such a way as to minimize adverse environmental <br />impacts, and ensure that reclaimed lands will support the approved post mining land use. <br />References to noxious and pest weeds reflect the fact that in some instances, special <br />management practices may be required to control undesirable plant species and prevent their <br />spread in order to minimize offsite impacts, and ensure that reclaimed lands will fully <br />support the post mining land use. <br />A. Rule 3.I.10(6) in 2 CCR 407-1, 2 CCR 407-4 <br />The Rules state, "Methods of weed control shall be employed for all <br />prohibited noxious weed species, and whenever invasion of a reclaimed azea by other weed <br />species seriously threatens the cotitinued development of the desired vegetation. Weed <br />control methods shall also be used whenever the inhabitation of the reclaimed area by weeds <br />threaten further spread of serious weed pests to neazby areas." <br />B. Rule 4.15.1(3), 4.16.1 (S) of 2 CCR 407-I and 2 CCR 407-4 <br />In part says, "...inspect the lands and reclamation described in the notice to <br />determine if the Operator has complied with all applicable requirements." <br />3. THE OPERATORS RESPONSHiILITY FOR THE MANAGEMENT OF <br />NOXIOUS AND PEST WEEDS DURING MINING OPERATIONS AND <br />RECLAMATION: <br />It is the responsibility of the operator to monitor affected and reclaimed ]ands for <br />noxious and pest weed infestations. The need for weed control should be evaluated <br />whenever infestations of any of the noxious weed species, or pest weeds occur on affected <br />lands, or reclaimed lands. Infestations on undisturbed lands within the permit area should <br />be referred by the Division and/or operator to the local weed control agency. As part of the <br />permit review process, the Division may require a weed control plan as part of the <br />application if sucH'a recommendation is received during the public comment period from the <br />local weed control agency. It is also recommended that applicants contact the local weed <br />control agency to determine if such a plan should be included as part of the permit <br />application. <br />If in the course of an inspection of an existing permitted site, the Division finds that there <br />exists an infestation of noxious or pest weeds on lands disturbed by the mining operation, <br />the Division may require a revision to the approved plan, or development of a plan where <br />none exists. Where a noxious or pest weed problem exists, the operator shall be given up to <br />three years to show significant progress to correct the situation prior to any kind of Board <br />action. <br />Weed control management plans should be developed in consultation with, and approved by <br />