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. t• , <br />• • ~i~ <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1317 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />August 25, 1994 <br />Ms. Micki Hackenberger <br />Legislative Coordinator <br />Colorado Counties, Inc. <br />1177 Grant Street <br />Denver, Colorado 80203 <br />Dear Ms. Hackenberger: <br />CTA,T~ OF COLORADO <br />~II ~I~~I~~I~~~~~ ~~~ <br />I~~~~~~ <br />DEPARTMEN'T' OI <br />NATURAI <br />RESOURCE` <br />Roy Romer <br />(jpyemOr <br />lames s. L«hhead <br />Executive Director <br />Michael 8. Jong <br />Division Director <br />Thank you for your letter of July 26, 1994 regarding Office <br />issuance of permits. I would like to respond to your letter of <br />inquiry by first describing the permit approval and issuance <br />process, briefly discussing the matter of SHPO clearance. Also, I <br />would be glad to have either myself or Bruce Humphries come to one <br />of your meetings to discuss this matter of SHPO clearance and what <br />we believe to be our legal obligation under Mined Land Reclamation <br />Act, C.R.S. 34-32=101, and the Register of Historic Places, C.R.S. <br />24-80.1 - 101. <br />All permits we issue are time dependent, for example, a Special <br />Operations 111 permit must be approved, approved with conditions, <br />or denied within ten working days. If the permit application <br />complies with the minimum requirements of the Mined Land <br />Reclamation .Act the Office must approve the application. The <br />permit is not i"ssued until the new operator posts the financial and <br />performance warranties in a manner acceptable to the Office. 'T`his <br />means that the warranties must conform to the Act and Rules and <br />Regulations. A permit can not be issued until the warranties meet <br />the requirements of the law. In some cases, no financial warranty <br />is required where the operator is a unit of state or county <br />government. However, the performance warranty must still be in the <br />proper form. I suspect, minus specifics, that the instances of a <br />delay in actual permit issuance is a faulty performance warranty. <br />Sometimes permits are conditioned such that certain activities at <br />a proposed mine site are limited in scope until the operator <br />provides the Office .a specific document from some other agency that <br />allows that activity to proceed. Two examples are exposure of <br />tributary ground water and disturbance of historic resources. <br />