2009-11-06_PERMIT FILE - M2009076 ‎(2)‎

• Permit No: M2009076
• IBM Index Class Name: PERMIT FILE
• Doc Date: 11/6/2009
• Doc Name: Second Application Incompleteness Notice
• From: DRMS
• To: Venture Resources, Inc.
• Email Name: ACS
• Media Type: D
• Archive: No

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items twelve and thirteen of a 110d mined land reclamation permit application form is not
discretionary. The failure of DRMS to require appropriate pre- and post-mining land use designations
for Venture Resources permit no. M-2008-037 was an oversight. DBMS will communicate with
Venture Resources under separate cover with instructions to correct this problem with permit no. M-
2008-037.
e. Venture Resources statement: "We have been unable to find any definitions or instructions on how to
address these Application Form items in the "Mineral Rules and Regulations" or relevant CO Statutes.
We feel confident you would have pointed out such information in your last correspondence. It seems
that the items are, at face value, innocuous, but some more supportive information is desired before we
can proceed:
1. What are the DRMS Board adopted definitions of each of the selections included in Items 12
and 13?
2. How do differences of each selection effect [sic] DRMS review procedures of an
application?
3. How is the data collected from these Items used?"
The MLRB has approved numerous forms to be used under its authority to implement the Act,
including the 110d permit application form at question. The DRMS, as staff to the MLRB, is required
to ensure that MLRB approved forms are properly executed. The 110d permit application form signed
and submitted by Venture Resources contains the following statement on page seven of the form:
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32-110,C.R.S., of
the Mined Land Reclamation Act. Any alteration or modification of this form shall result in voiding any permit
issued on the altered or modified form and subject the operator to cease and desist orders and civilpenalties for
operating without a permit pursuant to section 34-32-123, C.R.S.
The MLRB has not adopted specific definitions for the land use designations listed in items twelve and
thirteen of the permit application form; the definitions in common usage apply. The common usage
definition for rangeland was stated in the DRMS letter to Venture Resources dated October 24, 2009.
The DRMS consideration of pre- and post- mining land use designations provided in a permit
application are described in considerable detail in both the Act and the Rules. The use of pre- and
post-mining land use data collected from permit applications is also described in the Act and Rules; in
addition, the DRMS maintains a database of this information to report on trends in mined land
reclamation in the State of Colorado.
f. Venture Resources statement: "Ultimately, we are prepared to have another Board hearing to bring
clarity to this issue." If Venture Resources does not designate pre- and post-mining land uses
acceptable to DMRS in the permit application form, DRMS will deny the application. Venture
Resources may then be able to appeal the denial to the MLRB under Rule 1.4.11.
The application will not be considered filed until the information listed above is received and found sufficient to
begin the DRMS technical review. At the time the responses to this letter are provided to DRMS, Venture