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o~'v-o~~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />7313 Sherman S[., Room 275 / <br />Denver, Colorado 80203 .r~j] /nr^' <br />Phone: (303)866-3567 ~~ /._{.-/ "~~ (~ ~~A•~~ <br />FAX: (3031832-8706 1- I l! cY A <br />!/ FiCF/r <br />June 2, 1998 R~CiE~VED <br />Bill Crank <br />Town of Crested Butte -I'ti JUN 0 4 1996 <br />P.O. Box 39 <br />Crested Butte CO 81224 Division of Minerals 8 Geology <br />RE: NEED FOR STATE RECLAMATION PERMTT <br />Deaz Mr. Crank: <br />~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Ezecu[ive Director <br />Michael a. Long <br />Division Director <br />Thank you for the inquiry today as to whether a permit might be needed for the material removal you described. <br />Enclosed are copies of Rules 1.2 & 2.5 from the Construction Materials Rules and Regulations of the Colorado Mined <br />Land Reclamation Board. To deternune if you need a permit for your proposed activity, first check Rule 1.2 which <br />describes activities the Board has determined do not require State reclamation pemti[s. If you fmd a match, you can <br />proceed based on your interpretation of the rule, but at your nsk. If you want to be sure or aze uncertain how the Rule <br />may apply to your activity, you should follow the procedures described under Rule 2.5 and petition the Board for a <br />Declaratory Order exempting your activity from the requirement to have a Slate reclamation permit. <br />The Board has duected the Division to make a preliminary detertninatioq regarding the petition and to advise you of that <br />determination. A determination by the Division, however, does NOT give you the level of protection a Declaratory <br />Order from the Board gives. ff the Division is uncertain as to your need for a permit, [he Division will schedule a <br />hearing before the Board for a Declaratory Order. <br />Please include in your petition answers to the following questions. These are some of the questions the Boazd typically <br />asks of petitioners for a Declaratory Order for a waiver from the requirement to obtain a Mined Land Reclamation <br />permit. <br />1. Please give the legal location of the proposed project and submit an index map that clearly delineates <br />the location of the proposed extraction site and the location of the nearest city, town, country, etc. <br />2. Is the site of material extraction public or privately owned property? <br />3.. What type(s) of material is proposed [o be extracted? <br />4. Will the extracted material be hauled offsite or used on the same parcel of property where the material <br />is extracted? <br />5. What on site use will be made of the extracted material? <br />6. if the material is hauled offsite, where will it be hauled and what is the intended use? <br />