2012-10-01_REVISION - M1977311 (12)

Home Browse Search

' ERMIT APPROVAL: COMPLIANCE WITH OTHER LAWS: NOTE TO COMMENTORS /OBJECTORS: COMPLETION OF MINING: An applicant will NOT be issued a reclamation permit until notified by the Office that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied. This decision must be made thirty (30) calendar days from the date the application was submitted. However, the performance and financial warranties must be submitted and approved by the Office before the permit will be issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 4.1(2)). Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT relieve you of your responsibility to comply with all other applicable state and federal laws (Sections 34- 32- 115(4)(c) and 34- 32- 109(5), C.R.S. 1984, as amended). At a minimum, you MUST contact the following agencies to determine whether you need to comply with their legal requirements: o The Colorado State Historical Preservation Office regarding properties of historical significance including the need for an archeological survey, procedures for requesting a file search, and inventory forms to identify structures. o Colorado Division of Water Resources with regard to the administration of water rights; o Colorado Department of Health, Water Quality Control Division, with regard to the discharge of pollutants into the waters of the State; o Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust permit; o U.S. Bureau of Land Management or the U.S. Forest Service if the proposed operation will occur on federal lands; o U. S. Army Corps of Engineers regarding a dredge and fill (404) permit; and o The County Planning Department for the county or counties in which your proposed operation is located. Section 34- 32- 109(6), C.R.S., requires a mining operator to be responsible for assuring that the mining operation and the post- mining land use comply with local land use regulations and any master plan for extraction adopted pursuant to Section 34 -1 -304, C.R.S. It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received PRIOR to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office review and decision or appeals process, you may contact the Office at (303) 866 -3567. Upon completion of any phase of reclamation, you should consult Rule 3.1 for reclamation standards and 4.16 for details on how to request a reclamation responsibility release from the Board.