2 Colo. Code Regs. § 407-4-1

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 2 CCR 407-4-1 - GENERAL PROVISIONS AND REQUIREMENTS - PERMIT PROCESS

1.1DEFINITIONS

(1) "the Act" refers to the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5-101, et seq., C.R.S. 1984, as amended.

(2) "Activity" for the purpose of protecting groundwater quality, means any mining, storing, disposing, or processing operations, or any reclamation operation or process that may discharge or cause discharge of pollutants to groundwater.

(3) "Affected Land" means the surface of an area within the state where a mining operation is being or will be conducted, which surface is disturbed as a result of such operation. Affected lands include but shall not be limited to private ways, roads, except those roads excluded pursuant to Rule 1.1, and railroad lines appurtenant to any such area; land excavations; exploration sites; drill sites or workings; refuse banks or spoil piles; evaporation or settling ponds; work, parking, storage or waste discharge areas; and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from or are used in such operations are situated. All lands shall be excluded that would be otherwise included as land affected but which have been reclaimed in accordance with an approved plan or otherwise, as may be approved by the Board. Affected land shall not include off-site roads which existed prior to the date on which notice was given or permit application was made to the office and which were constructed for purposes unrelated to the proposed mining operation and which will not be substantially upgraded to support the mining operation.

(4) "Aggrieved" means suffering actual loss or injury, or being exposed to potential loss or injury, to legitimate interests. Such interests include, but are not limited to, business, economic, aesthetic, governmental, recreational, or conservational interests.

(5) "Ambient Groundwater Quality" for mining operations permitted prior to January 31, 1994, ambient groundwater quality shall mean the quality of the groundwater at the mine site as of January 31, 1994. For mining operations permitted on or after January 31, 1994, ambient groundwater shall mean the quality of groundwater at the time of submittal of the permit application. In establishing ambient groundwater quality, an Operator or Applicant shall use available or collected groundwater data sufficient to characterize the site's ambient groundwater quality and submit such information in a form suitable to the Office.

(6) "Amendment" means a change in the permit or an application which increases the acreage of the affected land, or which has a significant effect upon the approved or proposed Mining Plan or Reclamation Plan.

(7) "Anniversary date of the permit" means the date the Office or Board issues the permit and is the date the annual fee shall be deposited with the Office on an annual basis until the Office or Board terminate the permit.

(8) "Applicant" means any person who applies to the Office for a mining permit.

(9) "Aquifer" means a geologic formation, group of geologic formations, or part of a geologic formation containing sufficient saturated permeable material that could yield a sufficient quantity of water that may be extracted and applied to a beneficial use.

(10) "Authorized Agent" means any corporate officer, corporate attorney, individual person, or persons so designated in the permit application.

(11) "Certification by an Independent Auditor" means a letter or report from a Certified Public Accountant rendering an opinion as to the financial condition of a Financial Warrantor with regard to the financial tests required for self-insurance. The opinion must demonstrate clearly and fully, without significant disclaimers, that the financial tests have been met by the Financial Warrantor.

(12) "Complex Application" is an application which may require the Office to involve additional professional staff or outside professional or agency expertise, and is beyond what the Office considers to be a typical application review process for the majority of applications received.

(13) "Construction Material" means rock, clay, silt, sand, gravel, limestone, dimension stone, marble or shale extracted for use in the production of non-metallic construction products.

(14) "County Composite Applications" means the operator is a unit of county government and has the discretion to submit one (1) composite application for all similarly situated sand, gravel, or quarry operations which qualify as limited impact as described in these definitions. However, each operation shall be issued a separate permit and shall require separate, appropriate annual fees. As a guideline, "Similarly situated sand, gravel or quarry operations" means those operations within a county which, due to their location, hydrology, geology, or topography, have similar requirements for mining and reclamation. As a guideline to the counties, the Board suggests that the following situations are distinct from each other, and reasonable classifications of "similarly situated" operations:

(a) dry alluvial operation: Operation in alluvial material where no groundwater is encountered;

(b) wet alluvial operation: Operation in alluvial material where groundwater is encountered;

(c) dry non-alluvial operation: Operation in non-alluvial material where no groundwater is encountered;

(d) wet non-alluvial operation: Operation in non-alluvial material where groundwater is encountered; and

(e) in addition, other physical factors such as substantial differences in elevation, aspect, or vegetation may distinguish operations which would otherwise fall within a single one of the four classifications set forth above.

(15) "Exploration" means the act of searching for or investigating a construction material deposit. "Exploration" includes, but is not limited to, sinking shafts, tunneling, drilling core and bore holes and digging pits or cuts and other works for the purpose of extracting samples prior to commencement of development or extraction operations, and the building of roads, access ways, and other facilities related to such work. The term does not include those activities which cause no or very little surface disturbance, such as airborne surveys and photographs, use of instruments or devices which are hand carried or otherwise transported over the surface to make magnetic, radioactive, or other tests and measurements, boundary or claim surveying, location work, or other work which causes no greater land disturbance than is caused by ordinary lawful use of the land by persons not exploring.

(16) "Exploration Notice" shall mean that notice required by the Act to engage in the exploration for construction materials.

(17) "Extraction" means the removal of construction materials and/or overburden from places of natural occurrence to surface locations.

(18) "Facility" means the combined "activities" occurring on the affected land.

(19) "Failure or Imminent Failure" means, for the purpose of emergency notification response, the actual or pending release of an unauthorized or unpermitted material or liquid from any impoundment, embankment, or from any other containment facility or system where such release poses a reasonable potential for danger to human health, property or the environment.

(20) "Financial Warrantor(s)" means a person who provides a Financial Warranty to the Board.

(21) "Financial Warranty" shall mean a written promise to the Board to be responsible for reclamation costs up to the amount specified by the Board or Office or required by the Act.

(22) "Inert Material" means non-water-soluble and non-putrescible solids together with such minor amounts and types of other materials, unless such materials are acid or toxic producing, as will not significantly affect the inert nature of such solids. The term includes, but is not limited to, earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty (60) days, masonry, asphalt paving fragments, and other inert solids.

(23) "Filed" means an application submitted to the Office and determined to contain the permit application information required by Rules 1.4.1, 1.6.2(1)(a)(i) and (b), 1.6.2(1)(g), and Rules:

* 1.4.2(2) for a 110 Limited Impact operation application; or

* 1.4.3(1) for a 110(6) Limited Impact Composite operation application; or

* 1.4.4(2) for a 111 Special Operation application; or

* 1.4.5(2) for a 112 Reclamation Permit Operation application.

A determination by the Office that an application submitted to the Office contains the referenced application materials shall trigger the decision making periods provided under Sections 34-32.5-110(4), 111(5), or 34-32.5-115(1) and 115(2), C.R.S., as appropriate. A determination that an application is filed does not constitute a determination that the application adequately meets statutory and regulatory requirements.

(24) "Landowner" means any individual person or persons, firm, partnership, association, corporation, or any department, division, or agency of federal, state, county, or municipal government which owns or controls the surface rights to any land area under consideration for the extraction or exploration for construction materials. These surface rights are separate from mineral rights which may or may not be owned and controlled by the same entity.

(25) "Life of the Mine" means and includes, but is not limited to, those periods of time from when a permit is initially issued, that an Operator engages in or plans to continue extraction of construction materials, complies with the Act and these Rules, and as long as construction material reserves remain in the mining operation. It can include limited periods of non-production or Temporary Cessation. "Life of the mine" also includes that period of time after cessation of production necessary to complete reclamation of disturbed lands as required by the Board and this article, until the Board releases, in writing, the Operator from further reclamation obligations regarding the affected land, declares the operation terminated, and releases all applicable Performance and Financial Warranties.

(26) "Limited Impact Operation" applies to any mining operation which affects less than ten (10) acres for the life of the mine.

(27) "Limited Impact Permit" shall mean a permit issued to a Limited Impact Operation.

(28) "Meeting" as the term is used in these Rules, means the regular monthly session held by the Board in accordance with Section 34 32.5 106, C.R.S. 1984, as amended. The topics to be considered include, but are not necessarily limited to:

(a) approval or denial of permit applications;

(b) approval or denial of applications for permit revisions, amendments, and permit transfers;

(c) cause to hold a formal hearing with respect to a particular application or operation pursuant to Section 34-32.5-114, C.R.S. 1984, as amended;

(d) determinations with respect to temporary cessation; and

(e) other permit-related considerations which do not require a "formal hearing."

(f) These meetings may also include, but are not necessarily limited to hearings, rule-making proceedings in accordance with the Administrative Procedures Act, Section 24-4-103, C.R.S. 1984, as amended, and executive sessions.

(29) "Mining" means the extraction of construction materials.

(30) "Mining Operation" means the development or extraction of a construction material from its natural occurrences on affected land. The term includes, but is not limited to, open mining and surface operation. and. The term includes transportation or processing on affected lands. The term does not include: the exploration and extraction of natural petroleum in a liquid or gaseous state by means of wells or pipe; the development or extraction of coal; the extraction of geothermal resources; smelting, refining, cleaning, preparation, transportation, and other off-site operations not conducted on affected land.

(31) "Modification" means any amendment or revision of any previously granted permit, including permit transfers, increases or decreases of the amount of financial warranty required by the Board, and declarations regarding temporary cessation, which is either:

(a) initiated by the Board pursuant to Rule 3.3.2 as necessary to bring the operation into compliance with the provisions of these Rules or the Act, or

(b) the subject of a petition for a formal hearing granted by the Board pursuant to Section 34-32.5-114 of the Act.

(32) "Office" means the Office of Mined Land Reclamation within the Division of Reclamation, Mining and Safety (DRMS).

(33) "Off-site" means the area outside of the permitted affected area.

(34) "Open Mining" means the extraction of construction materials by removing the overburden lying above such deposits and mining directly from the deposits thereby exposed. The term includes mining directly from such deposits where there is no overburden. The term includes, but is not limited to, such practices as open cut mining, open pit mining, strip mining, quarrying, and dredging.

(35) "Operator" means any person, firm, partnership, association, corporation, or any department, division, or agency of federal, state, county, or municipal government engaged in or controlling a mining operation.

(36) "Overburden" means all of the earth and other materials which lie above natural construction materials and also means such earth and other materials disturbed from their natural state in the process of mining.

(37) "Owner of Record" means the owner or owners of a surface property interest shown on the records of the County Assessor as of the date of filing.

(38) "Party" means a person who demonstrates that they are directly and adversely affected or aggrieved by the conduct of a mining operation, proposed mining operation, or an order of the Board and whose interest is entitled to legal protection under the Act.

(39) "Performance Warranty" shall mean a written promise to the Board, by the operator, to comply with all requirements of the Act.

(40) "Permittee" means any person holding a mining Permit.

(41) "Person" means any individual, firm, partnership, joint venture, association, limited liability company, or corporation or other entity, or any department, division, or agency of federal, state, county, or municipal government.

(42) "Point of Compliance" means locations down-gradient of the facility or activity at which water sampling may be conducted to demonstrate compliance with applicable groundwater standards established by the Water Quality Control Commission, or permit conditions required by the Office or Board to measure compliance with the MLRB permit.

(43) "Processing" means any activities associated with the preparation of construction materials for use. These activities include, but are not limited to: on-site transport, waste products from air emissions control and water treatment, crushing, screening, washing, slabbing, polishing, grinding, concrete or asphalt mixing or other such action exclusive of extraction.

(44) "Rating of 'A' or Better" means, with regard to financial warranties, that the rating organization has determined that the obligations are at least of an upper-medium grade, meaning that factors giving security to the principal and interest are considered adequate but that elements may be present which suggest the possibility of adverse effects if economic and trade conditions change.

(45) "Reclamation" means the employment during and after a mining operation of procedures reasonably designed to minimize as much as practicable the disruption from the mining operation and to provide for the establishment of plant cover, stabilization of soil, the protection of water resources, or other measures appropriate to the subsequent beneficial use of such affected lands. Reclamation shall be conducted in accordance with the performance standards of the Act.

(46) "Refuse" means all waste material directly connected with the cleaning and preparation of substances mined by a mining operation.

(47) "Regular Operation" applies to all mining operations not included within the definitions of Limited Impact, Special, or Exploration Operations, specifically, any mining operation affecting ten (10) acres or more.

(48) "Rolling Stock" means any portable or mobile equipment.

(49) "Salvage Value" of Project-related fixtures or equipment means the market value of the particular fixture or equipment less any necessary costs of demolition and/or removal, as determined by the Office or Board in accordance with the requirements in Rule 4.12.2.

(50) "Special 111(1)(a) Operation Permit" applies to any sand, gravel or quarry aggregate operation, or combination thereof:

(a) which is operated for the sole purpose of obtaining materials for highway, road, utility, or similar construction;

(b) under a federal, state, county, city, town, or special district contract;

(c) where the contract calls for work to be commenced and completed within a specifically short time; and

(d) which will affect thirty (30) acres or less.

(50.1) "Special One-time Excavation 111(1)(b) Operation Permit" applies to any operation of a one-time excavation project which:

(a) is not performed pursuant to a federal, state, county, city, town, or special district contract;

(b) generates small quantities of excess construction materials, twenty thousand (20,000) tons or less, that are incidental to the intent of the one-time project and introduces those materials into the construction materials market;

(c) is clearly defined, of short duration of less than one (1) year and scope;

(d) [Expired 05/15/2020 per House Bill 20-1179]

(e) all extraction and export of materials are completed within twelve (12) months of permit issuance. Any Operator with a Special One-Time Excavation 111(1)(b) Operation Permit for which extraction and export activities are not completed within twelve (12) months after issuance of the permit, shall replace the Special One-Time Excavation 111(1)(b) Operation Permit with the applicable regular construction materials permit. All fee, warranty and processing requirements shall apply as a new permit application. A fee, as specified in Section 34-32.5-125(1)(a), C.R.S., shall be submitted at the time of the applicable regular construction materials permit application;

(f) reclaims all affected lands within twelve (12) months after issuance of the permit; and

(g) will affect thirty (30) acres or less.

(51) "Special Permit" shall mean a permit issued in accordance with the provision of Section 34-32.5-111, C.R.S. 1984, as amended.

(52) "Structure, Significant, Valuable and Permanent Man-made" means a non-portable improvement to real property which has defined, current and recognizable value of an economic nature; generally including but not limited to: buildings, houses, barns, fences, above or below ground utilities, irrigation ditches, maintained or public roads, bridges, railroad tracks, cemeteries, communication antennas, pipelines, water wells, water storage structures, discharge and conveyance structures, etc.

(53) "Technical Revision" means a change in the permit or an application, which does not have more than a minor effect upon the approved or proposed Reclamation Plan.

(54) "Temporary Cessation" means those limited periods of non-production as specified according to Rule 1.13.

(55) "Toxic and Acid Producing Materials" means natural or reworked earth materials having acid or toxic chemical and physical characteristics that, under mining or post-mining conditions of drainage, exposure, or other processes, produce materials which contain detrimental amounts of chemical constituents such as acids, bases, or metallic compounds.

(56) "Topsoil" means the material at the surface of the earth which has been so modified and acted upon by physical, chemical, and biological agents that it will support rooted plants necessary to achieve reclamation goals.

(57) "Vegetation Cover" means an ocular estimate of the percentage of ground covered by the above-ground living plant parts.

(58) "Vegetation Type" means a designation for a natural grouping of plant species named according to one or more visually-dominant species.

(59) "Working Day" means Monday through Friday, except for those days that are State holidays.

(60) "1976 Act" refers to the Colorado Mined Land Reclamation Act of 1976, Section 34-32-101, et seq., C.R.S. 1984, as amended.

1.2ACTIVITIES THAT DO NOT REQUIRE A RECLAMATION PERMIT

1.2.1Specified by Rule

The Board has determined that certain types of activities do not need reclamation permits either because the excavated substance is not a construction material as defined in Section 34-32.5-103(3), Colorado Revised Statutes 1984, as amended or because the activity is not a mining operation as defined by Section 34-32.5-103(13), C.R.S. 1984, as amended. Such activities include the following:

(a) the exploration and extraction of natural petroleum in a liquid or gaseous state by means of wells or pipe;

(b) the development or extraction of coal (refer to the Colorado Surface Coal Mining Reclamation Act Section 34-33-101, et seq., C.R.S. 1984, as amended);

(c) cleaning, preparation, transportation, and other off-site operations not conducted on permitted land; and

(d) the extraction of geothermal or groundwater resources.

1.2.2Reserved

1.2.3Reserved

1.2.4Extraction or Exploration on Federal Lands

Any person who intends to extract or explore for construction materials on federal lands shall apply for a Mined Land Reclamation Board permit or submit a Notice of Intent to conduct exploration operations unless specifically exempted by the Board according to the provisions of Rule 1.2.

1.3 PUBLIC INSPECTION OF DOCUMENTS

(1) Except as provided in Rule 1.3 All applications, public notices, inspection reports, documents, maps, exhibits, correspondence, tests, analyses, records of actions or findings of the Board or Office and other information required under this law or these Rules shall be promptly made available for inspection to any member of the public at the offices of the Office, during its normal business hours.

(2) Upon request, copies shall be provided at cost or other suitable arrangements made for copying at the requester's expense, as allowed by copyright law.

(3) An Operator may mark "CONFIDENTIAL" information supplied in a permit application disclosing the location, size, or nature of the deposit or depth and thickness of the deposit and thickness and type of overburden to be removed.

(a) Confidential information so marked shall not be available to the public until the mining operation is terminated, unless the Operator gives a written consent on company letterhead and signed by an authorized agent of the company to release all or any part of the information.

(b) All information in a Notice of Intent to Conduct Exploration shall be treated as confidential. Such information shall not be available to the public until a finding by the Board that reclamation is satisfactory, unless the Operator gives a written consent to the release of all or any part of the information.

(c) Anyone who willfully and knowingly violates the provisions of confidentiality shall be punished as provided by law.

1.4APPLICATION REVIEW AND CONSIDERATION PROCESS

1.4.1Applications - General Provisions

(1) Application forms, attachments, maps and fees shall be submitted in accordance with the specific requirements for each permit type.

(2) All tests, analyses, surveys and maps shall be prepared by qualified persons.

(3) All information submitted in an application must be accurate and complete, and acknowledged as such by the signature of an authorized agent on an application form provided by the Board.

(4) Prior to Office consideration of the application, submit proof of all required notices either by submitting return receipts of a Certified Mailing or by proof of personal service.

(5) All application forms shall contain the following information:

(a) the address and telephone number of the general office and the local address or addresses and telephone number of the Operator/Applicant;

(b) the name of the Owner of the surface of the affected land;

(c) the name of the Owner of the subsurface rights of the affected land;

(d) a statement that the Applicant has applied for all necessary approvals from local government;

(e) a statement that the operations will be conducted in accordance with the terms and conditions listed in the application, as well as with the provisions of the Act and these Rules, as amended, in effect at the time the Permit is approved; and

(f) the Operator's/Applicant's signature.

(6) In addition to submitting an appropriately completed Permit application form, the Operator/Applicant shall submit all applicable Exhibits specified in Rule 6 for the appropriate type of operation.

(7) In the case of any complex Permit applications, serious unforeseen circumstances or significant snow cover on the affected land that prevents a necessary on-site inspection, the decision date established by the Office may be extended up to sixty (60) days beyond the usual maximum limit for an operation of that particular type and size. The Office shall notify the Applicant and any persons commenting on the application, of such findings and of the new decision date as soon as possible.

(8) The Office shall notify the Applicant of any deficiencies that prevent the application from being considered filed by the Office within ten (10) working days of receiving the application. In the case of 111 Special Operation applications, the Office shall notify the Applicant within five (5) working days. An Applicant has sixty (60) days from such notice to submit all the necessary documents that the Office needs for an application to be considered filed. If, at the end of sixty (60) day period, the application has not been determined to be filed with the Office, the Office may deny the application and terminate the application file. If the Office denies and terminates the application file, the Office shall determine if the Applicant desires a return of the applications and shall provide the applications to the Applicant at no cost to the Office. Otherwise, the Office may dispose of all copies as appropriate. An Applicant may appeal such denial to the Board according to the provisions of Rule 1.4.11.

(9) At the request of the Applicant, the review time may be extended and the decision date reset, not to exceed three hundred and sixty-five (365) days from the date the application was filed. The additional time may be requested to allow the Applicant an opportunity to provide information necessary to meet the adequacy requirements of the Office. If, at the end of the three hundred and sixty-five (365) day period, the application has outstanding adequacy issues, the Office may set the matter for a Board hearing. At the hearing the Board may deny, or approve the application with or without conditions.

(10) The Applicant has the burden of demonstrating that the application meets the minimum requirements of the Act, Rules, and Regulations.

(11) The Applicant shall follow the appropriate Notice Procedures, according to permit type, as outlined in Rule 1.6.

(12) A condition or limitation to approval of the application, unless acknowledged and consented by the Applicant in writing, shall be treated as a denial.

(13) Failure of an Applicant to publish the notice pursuant to Rule 1.6.2 Shall add a sufficient number of days for the required public notice to be accomplished. An additional time period, as determined by the Office, may be added for the Office or Board to make a decision. Such time period shall not exceed thirty (30) days for any 110 or 110(6) Limited Impact application, ninety (90) days for any 112 Reclamation Permit application without objections, or one hundred and twenty (120) days for any 112 Reclamation Permit application with objections.

1.4.2Specific Application Requirements for 110 Limited Impact Permit Applications

(1) All general application requirements outlined in Rule 1.4.1 shall be required for 110 Limited Impact Operations.

(2) An application will be considered filed for the purpose of calculating the thirty (30) day decision-making time period under Section 34-32.5-110(4), C.R.S., as amended, when the application file includes all of the following submittals:

(a) the application fee, as determined under Section 34-32.5-125, C.R.S., as amended;

(b) one (1) original and one (1) copy, or an electronic submittal as designated and approved by the Office, of:

(i) the application form;

(ii) all information, attachments, maps, and exhibits, as listed and described in Rules 1.4.1 and 6.3;

(iii) an affidavit that notice signs were posted on-site pursuant to Rule 1.6.2(1)(b);

(iv) the appropriate information under Rule 6.5 if required by the Office; and

(v) proof of notice according to the provisions of Rule 1.6.2(1)(a).

(3) Proof of the notices required pursuant to Rules 1.6.2, and (f) is not required in order for an application to be considered filed, but such proof must be submitted to the Office prior to the Office's decision to approve an application, pursuant to Rule 1.6.2(1)(g).

1.4.3 Specific Application Requirements- 110(6) County Composite Limited Impact Permit

(1) All general application requirements outlined in Rules 1.4.1, 1.4.2, and (3) shall also be required for and apply to a County Composite 110(6) Operation.

(2) Applications shall comply with Sections 34-32.5-110(1) through (7), C.R.S. 1984, as amended. Financial Warranty requirements under Section 34-32.5-110(2), C.R.S. 1984, as amended, shall not be required if:

(a) the Operator is a unit of county government or the State Department of Transportation; and

(b) the Operator submits a Performance Warranty, in lieu of financial warranty, stating that the affected lands will be reclaimed in accordance with the terms of the permit and Section 34-32.5-116, C.R.S. 1984, as amended.

1.4.4Specific Application Requirements- 111 Special Operations Applications

(1) Prior to submission of an application for a 111 Special Operations Permit, any County Applicant shall apply for and receive a Declaratory Order by the MLRB that it qualifies for a 111 Special Operation Permit.

(2) All general application requirements outlined in Rules 1.4.1 and 1.4.2 Shall be required for and apply to a 111 Special Operation.

(3) The Office shall approve or deny the application within fifteen (15) calendar days after the date the application is filed.

(4) In the event of an objection regarding the approval or denial of a 111 Special Operation Permit, the provisions of Rule 1.4.1 1 shall apply.

(5) A governmental subdivision shall be exempt from an application fee and a Financial Warranty when such subdivision, acting as an Operator, requires a permit solely to extract construction material for the construction of public roads under a contract with the Department of Transportation or otherwise.

1.4.5Specific Application Requirements - 112 Reclamation Permit Operations

(1) All general application requirements outlined in Rule 1.4.1, shall be required for a 112 Reclamation Permit Application.

(2) An application will be considered filed for the purpose of calculating the decision-making time periods under Section 34-32.5-115(1), C.R.S., as amended, when the application file includes all of the following submittals:

(a) The application fee, as determined under Section 34-32.5-125 C.R.S., as amended;

(b) one (1) original and one (1) copy, or an electronic submittal as designated and approved by the Office, of:

(i) the application form;

(ii) all information, attachments, maps, and exhibits, as listed and described in Rules 1.4.1 and 6.4;

(iii) an affidavit that notice signs were posted on-site pursuant to Rule 1.6.2(1)(b);

(iv) the appropriate information under Rule 6.5 if required by the Office; and

(v) proof of notice according to the provisions of Rule 1.6.2(1)(a).

(3) Proof of the notices required pursuant to Rules 1.6.2, and (f) is not required in order for an application to be considered filed, but such proof must be submitted to the Office prior to the Office's decision to approve an application, pursuant to Rule 1.6.2(1)(g).

1.4.6 Office Consideration - 110 or 110(6) Limited Impact Operation Permit Applications

(1) The Office shall approve or deny a 110 Limited Impact or 110(6) Limited Impact application within thirty (30) days of the date the application is considered filed. However, the date set for consideration by the Office may be extended pursuant to the provisions of Rule 1.8 (unless the submitted materials satisfy Rule 1.8.1) or of Rules 1.4.1 . The time for consideration shall not be extended beyond thirty (30) days after the last such change submitted under Rule 1.8 ., unless requested by the Applicant.

(2) In the event that an objection to a 110 or 110(6) Limited Impact permit application, submitted in the form of a protest or petition for a hearing, is received by the Office pursuant to the provisions of Rule 1.7, the Office shall proceed to issue its decision by the date set for consideration in Rules 1.4.6, 1.4.1, 1.4.1 or 1.8 . However, the Office may set the matter for a hearing before the Board, pursuant to the provisions of Rule 1.4.11.

1.4.7Office Consideration - 111 Special Operations Permit Applications

(1) The Office shall approve or deny the application within fifteen (15) calendar days after the date the application is filed.

(2) In the event of an objection regarding the approval or denial of a 111 Special Operation Permit, the provisions of Rule 1.7 .1(2)(b) shall apply.

1.4.8Office Consideration - 112 Reclamation Permit Application with No Objections

(1) When a 112 Reclamation Permit application has been filed, and there are no protests or petitions for a hearing on the application submitted by a party pursuant to Rule 1.7, the Office shall issue the decision to approve or deny the application, as provided for in Section 34-32.5-115 C.R.S., no more than ninety (90) days after the application was filed with the Office. The Office shall not set a new date unless the date for consideration has been extended pursuant to Rules 1.4.1(7), (9), or (13).

(2) The date set for a decision on the application may be extended, pursuant to Rule 1.8 (unless the submitted materials satisfy Rule 1.8.1). Such date shall not be extended beyond ninety (90) days after the last revision to the application.

1.4.9Office Consideration - 112 Reclamation Permit Application to which an Objection Has Been Received

(1) If a timely and sufficient objection or petition for a hearing on a 112 Reclamation Permit Application is received by the Office from a party pursuant to Rule 1.7, the Office shall set a date for consideration of the application in conformity with the provisions of this Rule. Such date shall be no more than ninety (90) days after the application is filed with the Office. The date for consideration may be extended pursuant to Rules 1.4.1, or (13), or 1.8 (unless any submitted materials satisfy Rule 1.8.1). Instead of a decision, the Office will issue a recommendation to the Board by the date set for Office consideration.

(2) In addition, the Office shall:

(a) schedule the permit application for a hearing before the Board;

(b) provide all parties notice of any Pre-hearing Conference and of the Board hearing related to consideration of the application. Unless notice is waived in writing by all parties, the office shall provide all parties at least thirty (30) days written notice of the formal Board hearing date; and;

(c) on or before the date set for Office consideration of the application, issue a recommendation to the Board for approval, approval with conditions, or denial of the application. Such recommendation shall identify the issues raised by the Office or by the petitions for a hearing filed with the Office. The Office's recommendation and rationale for approval or denial shall be sent to the Applicant and to all objectors of record at least three (3) Working Days prior to the Pre-hearing Conference. Upon request, the Office will also send by electronic mail its recommendation and rationale to a party, or a party may pick up a copy at the Office. Copies of the Office's recommendation and rationale will be available at the Pre-hearing Conference.

(3) Where a 112 Reclamation Permit Application is set for a hearing, the Board shall make a final decision on the application within one hundred and twenty (120) days after the date the application was filed, unless the date set for consideration has been extended pursuant to Rules 1.4.1(7), (9), or (13), 1.8, or Section 34-32.5-115(2), C.R.S.

(4) The decision rendered by the Board shall be considered final agency action for the purposes of the judicial review provisions of Section 24-4-106, C.R.S.

1.4.10Reserved

1.4.11Administrative Appeal of an Office Decision

(1) Any person who can demonstrate that they are directly and adversely affected or aggrieved by an action of the Office, including a decision to grant or deny a permit application, other than an application considered under the provisions of Rule 1.4.9, and whose interests are entitled to legal protection under the Act may petition for a hearing before the Board on such action within:

(a) sixty (60) days of the date of the Office decision if the Office decision was a denial, without a hearing, of an application for a permit or a Notice of Intent; or

(b) thirty (30) day for an appeal of any other Office decision.

(c) Such hearings before the Board shall comply with this Rule and Section 24-4-105, C.R.S.

(d) Such petitions for a hearing shall state how the petitioner is directly and adversely affected or aggrieved by the Office's decision, and how the petitioner's interests are entitled to protection under the Act. The petitioner shall list and explain any issue the petitioner believes should be considered by the Board at the hearing on the matter. The petition for a hearing shall specify the application or file number assigned by the Office.

(2) If no petition decision is made by the Board within sixty (60) days of the date the petition is submitted, the petition will be deemed denied. Such denial shall be considered final agency action for the purposes of the judicial review provisions of Section 24-4-106, C.R.S.

(3) The Office shall give notice of any Formal Board Hearing to consider an appeal according to the provisions of Rule 1.6.1(4).

(4) The Office may determine whether to hold a pre-hearing conference dependent upon the number of parties to the Formal Board Hearing and/or complexity of the issues, or the Board may so direct the Office as the Board sees fit.

1.4.12Appeal of a 112 Reclamation Permit Application Denial

If the Office issues a decision to deny an application for a 112 Reclamation Permit, it shall schedule the application for a hearing before the Board unless the Applicant decides to withdraw the application. Such hearing shall be scheduled prior to the deadline for a final decision on the application pursuant to Section 34-32.5-115(2), C.R.S., and Rule 1.4.9 or 1.4.8 Above, and shall be conducted in conformance with the provisions of Section 24-4-105, C.R.S.

(a) Within ten (10) days of receipt of the letter of denial, the Applicant shall file a statement of issues to be considered by the Board at the hearing. The statement shall include an explanation of the grounds for seeking a reversal of the Office's decision.

(b) If there are no other parties to the proceedings on the application the Applicant may waive the statutory deadline for a final decision. In that event, the Applicant shall file the statement of issues to be considered by the Board at the hearing within sixty (60) days of the receipt of the letter of denial.

1.4.13Automatic Application Approval

(1) If the Office or the Board fail to make a decision on a permit application by the deadlines set forth in Rules 1.4.6, 1.4.7, 1.4.8, and 1.4.9, or as extended by Rule 1.8, the application shall be deemed approved and the permit shall be granted upon submittal by the Applicant and approval by the Office of the appropriate performance and financial warranties.

(2) Where an Applicant has waived its right, in writing, to a decision by the deadlines set forth in statute or by these Rules, the automatic approval provisions of Rule 1.4.13(1) shall not apply.

1.5ANNUAL FEE

Each year, on the anniversary date of the permit, the Permittee shall submit the appropriate annual fee specified in Section 34-32.5-125(1), C.R.S.

1.6PUBLIC NOTICE PROCEDURES

1.6.1Office/Board Procedures - Permit Application Decision Dates

(1) The Office shall give such notice for all types of mining operations, including applications for:

(a) 110 Limited Impact Operations;

(b) 111 Special Operations; and

(c) 112 Reclamation Operations.

(2) The Office shall give notice, as required by this Rule 1.6 and the following specific provisions, of the decision date of the application to:

(a) the Applicant;

(b) the county(s) in which the proposed mining operation is to be located;

(c) any municipality within two (2) miles of the proposed mining operation; and

(d) the public, by newspaper release, and posting as prescribed in Rule 2.2.1(a)(iii).

(3) The Office shall send notice of the date, time and place of any Pre-hearing Conference to:

(a) the Applicant;

(b) all persons who submitted timely statements in support of or objections to the application and a basis for party status; and

(c) the Board of County Commissioners and the applicable Conservation District.

(4) The Office shall provide notice of the date, time, and place of any application hearing by the Board, by:

(a) sending written notice to the Applicant, any person previously filing a protest or petition for a hearing or statement in support of the application, and the local Board of County Commissioners;

(b) publishing notice in a newspaper of general circulation in the locality of the proposed mining operation once a week for two (2) consecutive weeks immediately prior to the hearing; and

(c) mailing list, newspaper release, and posting as prescribed in Rule 2.2.1(a)(iii).

1.6.2General Applicant Procedures

(1) The Applicant shall:

(a) Prior to submitting the application to the Office, send a notice, on a form approved by the Board, to the local Board of County Commissioners and, if the mining operation is within the boundaries of a Conservation District, to the Board of Supervisors of the Conservation District.

(i) The Applicant shall include proof of such notice with the application at the time the application is submitted to the Office.

(ii) Proof of notice shall be in the form of a return receipt of a Certified mailing or a date-stamped copy of the notice acknowledging receipt by the appropriate local Board.

(b) Prior to submitting the application to the Office for a 112 Reclamation Permit, post notices (signs) at the location of the proposed mine site, as required by the Office, of sufficient number and a minimum size of eleven (11) inches wide by seventeen (17) inches high, with appropriate font size, to clearly identify the site as the location of a proposed mining operation giving name, address, and phone number of the Applicant, and stating that (name of Applicant) has applied for a mining permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the County Clerk's or Recorder's office and should send comments prior to the end of the public comment period to the Colorado Mined Land Reclamation Office, and state the Office's address, as given on the cover of these Rules. For any class of 110 Limited Impact or 111 Special Operation, the Applicant need only post notice at the location of the proposed access to the site. After having posted such notice, failure by an Applicant to maintain such notice (sign) shall not constitute just cause to deny approval of the application. At the time the application is filed with the Office, the Applicant shall provide a signed affidavit that such notices (signs) were posted according to the provisions of this Rule.

(c) Prior to submitting the application to the Office and/or prior to submitting amendments to the application, place for public review a copy of the application and amendments, without confidential items, with the Clerk or Recorder of the county or counties in which the affected land is located and provide proof as required by Rule 6.3.9 for 110 Limited Impact and 111 Special Operations and Rule 6.4.18 for 112 Reclamation Operations.

(d) Except for 111 Special Operation Permit applications, within ten (10) days after the Office notifies the Applicant that the application is considered filed, publish a public notice in a newspaper of general circulation in the locality of the proposed mining operation containing:

(i) name and address of Applicant;

(ii) location of the proposed mining operation by section, township and range and street address where applicable;

(iii) proposed dates of commencement and completion of the operation;

(iv) proposed future use of affected land;

(v) location where additional information on the operation may be obtained; and

(vi) location and final date for submitting statements of support or objections with the Office.

(e) Except for 111 Special Operation Permit applications, the applicant shall mail or personally serve a copy of the notice in Rule 1.6.2 immediately after the first publication to

(i) all Owners of Record of the surface and mineral rights of the affected land; and

(ii) the Owners of Record of all land surface within 200 feet of the boundary of the affected lands.

(f) As soon as designated by the Office, mail a copy of the Notice provided for in Rule 1.6.2 to any other Owners of Record who might be affected by the proposed mining operation. The Office shall designate such owners, if any, during its adequacy review process. (Not applicable to 111 Special Operation Permit applications.)

(g) Prior to Office consideration of the application, submit proof of publication and proof of all required notices. Proof of Notice may be by submitting return receipts of a Certified mailing or by proof of personal service. An application will be considered filed by the Office when the Applicant supplies the proper application fee, a signed affidavit that all notices as provided for in Rule 1.6.2 have been posted, and the application meets the applicable requirements of Rules 1.4.1, 1.4.2, 1.4.3, 1.4.4, or 1.4.5. Prior to Office consideration of the application, proof of notice provided for in Rules 1.6.2, and (f) must be received by the Office.

(2) The copy of the permit application, adequacy responses of the applicant, application revisions, and any permit amendment applications placed at the office of the County Clerk or Recorder shall not be recorded, but shall be retained until final agency action, as defined at C.R.S. 24-4-105(14), on said application has occurred, and be available for inspection during such period. At the end of such period, such application may be reclaimed by the Applicant or destroyed. Applicants should contact the Office prior to removal of the copy of the application materials placed with the office of the County Clerk or Recorder in order to ensure compliance with C.R.S. 24-4-105(14).

1.6.3Specific Provisions - 110 Limited Impact Permit Applications

(1) The following Notice Rules and the notice requirements of Rule 1.6.2 also apply to applications for new 110 Limited Impact Permits.

(2) The Office shall give written notice, by mailing, of the decision date for the application.

(3) The Public Notice, as required in Rule 1.6.2, shall be published once.

1.6.4Specific Provisions - 111 Special Operations Permit Application

The Office shall, upon filing, give notice by an expeditious method, of the decision date of the application.

1.6.5Specific Provisions - 112 Reclamation Permit Application

(1) The Public Notice, as required in Rule 1.6.2 Shall be published four (4) times, once a week for four (4) consecutive weeks.

(2) Within ten (10) working days after the last publication or as soon thereafter as proof has been obtained, the Applicant shall mail proof of the publication required by Rule 1.6.2 to the Office. Proof of publication may consist of either a copy of the last newspaper publication, to include the date published, or a notarized statement from the paper. An application may not be approved until such proof has been obtained.

1.6.6 Conditions that Require New Notice to the Public

If a notice is in error or a change to the application is so substantial, as determined by the Office, that it affects any of the terms contained in the notice that was published in the newspaper or mailed to the owners of the affected and adjacent lands, or the change is an amendment to the application, the Applicant shall be required to publish and mail a new notice of the application. In the event that the Applicant is required to issue a new notice, all applicable deadlines shall begin to run anew.

1.7SUBMISSION OF COMMENTS AND PETITIONS FOR A HEARING

1.7.1General Provisions

(1) Any person has the right to submit written statements supporting or objecting to any application for a permit or for an amendment, or revision of a previously granted permit. For a person to become a party, the person must meet the definition of a party as provided in these regulations. Any party may petition for a hearing on any application for a permit, or for an amendment or technical revision to a previously granted permit.

(2) In order for statements supporting or objecting to an application, petitions for a hearing, and/or submissions to become a party to be considered timely, the following deadlines shall apply:

(a) In the case of a 112 Reclamation Permit Application, such written comments, protests, and petitions for a hearing must be received by the Office not more than twenty (20) calendar days after the last date for the newspaper publication of notice of the application provided for in Rules 1.6.2 and 1.6.5 . Written comments, protests and/or petitions must contain the name, mailing address and telephone number of the interested parties. The Office shall set the matter for a hearing before the Board upon timely receipt of a written objection, protest, or petition for a hearing under this Rule.

(b) In the case of a 111 Special Operations Permit application, any person directly or adversely affected or aggrieved by the Office's decision to grant or deny the 111 Special Operations Permit application and whose interests are entitled to legal protection under the Act may appeal the Office's decision pursuant to Rule 1.4.11 . The written appeal must contain the name, mailing address and telephone number of the person directly or adversely affected or aggrieved by the Office's decision.

(c) In the case of a 110 Limited Impact Permit application, such written comments, protests or petitions for a hearing must be received by the Office not more than ten (10) days after the last date for newspaper publication of notice of the application provided for in Rules 1.6.2 and 1.6.3 . The written comment, protest and/or petition must contain the name, mailing address and telephone number of the interested parties. The Office may set the matter for a hearing before the Board upon timely receipt of a written petition for a hearing under this Rule, but in any case shall approve or deny the permit application within thirty (30) days of the date the Office considers the application filed according to the provisions of Rules 1.4.1 or 1.8 . If the Office does not set the matter for a hearing, any person directly and adversely affected or aggrieved by the Office's decision to grant or deny the 110 Limited Impact Permit application and whose interests are entitled to legal protection under the Act may appeal the Office's decision pursuant to Rule 1.4.11.

(3) If the Office receives any written objections to an application pursuant to the Rule 1.7.1, the Office shall provide a copy of the objection to the Applicant within ten (10) days of receipt.

1.7.2Specific Provisions - 110 Limited Impact Operations and 110(6) County Composite Operations

(1) Comments shall be submitted in accordance with Rule1.7.1.

(2) To be considered, such statements must be received by the Office within ten (10) days after the last date of the Applicant's newspaper publication.

1.7.3Specific Provisions -111 Special Operations Permit Applications

(1) Comments, to be considered, must be received by the Office within five (5) working days after the application has been filed.

(2) Upon consideration, the Office shall approve or deny the application within the fifteen (15) calendar days after the application has been filed.

(3) Objections to final decisions by the Office shall be handled according to the procedures outlined for 110 Limited Impact Permits, specifically Rule 1.4.11.

1.7.4Specific Provisions - 112 Reclamation Permit Applications

(1) Comments shall be submitted in accordance with Rules 1.7.1 and 1.7.4.

(2) In the event the Office receives an objection within twenty (20) calendar days of the last day of publication and in accordance with this Rule 1.7, it shall set the permit application for a hearing before the Board according to the provisions of Rule 2.

1.8AMENDMENTS AND TECHNICAL REVISIONS TO A PERMIT APPLICATION

1.8.1General Provisions - 110 Limited Impact or 112 Reclamation Permit Applications

(1) An Applicant may amend or make technical revisions to an application for a permit under consideration by the Office by filing a copy of such amendment or technical revision with the Office and placing a copy with the County Clerk and Recorder.

(2) Within five (5) working days of placement with the County Clerk or Recorder, the Applicant shall provide the Office with an affidavit or receipt demonstrating that the amendment or technical revision was placed with the County Clerk and Recorder not later than the close of business on the day the amendment or technical revision was filed with the Office.

(3) Any amendment or technical revision to an application shall constitute a new filing for the sole purposes of determining the date for the consideration of the application by the Office, and for the deadline for a final decision on the application. The provisions of Rule 1.6.6 shall apply to submitted amendments and the provisions of Rules 1.8.2 or 1.8.4 shall apply to technical revisions for 110 Limited Impact or 112 Reclamation Permit applications, respectively.

(4) If the Office determines that additional information is submitted by the Applicant for the purpose of detailing, clarifying or explaining any part of the application, whether at the request of the Office or otherwise, then such additional information shall not constitute a change or an addition resulting in an amendment or technical revision to the application.

(5) If the Operator notifies the Office of a proposed change in post-mining land use, the Office shall decide whether such change in post-mining land use requires a change in the Reclamation Plan and whether such change shall require a Technical Revision or Permit Amendment.

(6) Within five (5) working days of the filing of an amendment or technical revision to an application, the Office shall set a new date for the consideration of the application. The new date shall be set pursuant to Rule 1.6.6, 1.8.2 or 1.8.4, as applicable.

1.8.2Technical Revisions to 110 Limited Impact Permit Applications

The Office shall set a new date for the consideration of a technical revision to an application a 110 or 110(6) Limited Impact Permit only as necessary to afford an adequate opportunity for a review of the technical revision by the Office and by any interested members of the public.

1.8.3111 Special Operation Permit Applications

(1) An Applicant may amend or technically revise an application for a 111 Special Operations by filing a copy of the amendment or technical revision with the Office and by providing the Office with proof of submittal of notice of the amendment or technical revision to an application to the local Board of County Commissioners. Proof of notice shall be submitted with the amendment or technical revision to the application. An amendment to an application must be submitted on a form approved by the Board.

(2) Within three (3) working days of the filing of an amendment or a technical revision to an application with the Office, the Office shall set a new date for the consideration of the application. A new date shall be set only as necessary to afford an adequate opportunity for a review of the amendment or technical revision to the application by the Office and by any interested members of the public.

1.8.4 Technical Revisions to 112 Reclamation Permit Applications

(1) Written objections to the application:

The Office shall not set a new date for consideration of an application for a 112 Reclamation Permit for which it has received written objections, any earlier than twenty (20) days after the date of filing a technical revision to the application, unless the Applicant and all parties agree on an earlier date.

(2) No written objection to the application:

The Office shall set a new date for the consideration of an application to which no objection has been submitted only as necessary to afford the Office an adequate opportunity to review the technical revision.

1.9TECHNICAL REVISION TO A PERMIT

1.9.1Filing and Review Process

An application for Technical Revision shall be filed in writing with the Office. The Office shall act on a Technical Revision application within thirty (30) days after the Technical Revision has been filed with the Office. A Technical Revision is considered filed when the submittal includes the appropriate fee. A Technical Revision shall be considered automatically approved within thirty (30) days after filing unless the application is denied. Notice of Technical Revisions shall be acknowledged in the monthly activity report attached to the monthly Board agenda.

1.9.2Denial and Appeal Process

In the event that the Office decides to deny an application for Technical Revision, the Office will notify the Applicant in writing within ten (10) days after the decision deadline. The Applicant may appeal the decision to the Board for a final determination by submitting a petition for a hearing pursuant to the provisions of Rule 1.4.11.

1.10AMENDMENT TO A PERMIT

1.10.1112 Reclamation Permit and 110 Limited Impact Permit Amendments

(1) Where applicable, there shall be filed with any application for a 112 Reclamation Permit amendment, attachment(s) map(s) and one (1) original and one (1) copy, or by electronic submittal as designated and approved by the Office, of the application with the same content as required for an original application, except that the Applicant will not be required to submit any information which duplicates applicable previous submittals. However, the Applicant shall clearly describe where in the original application and supporting documents the information not included in the amendment application, but necessary to render the amendment technically adequate, may be found.

(2) A 110 Limited Impact permit amendment submittal shall include attachment(s), map(s), and one (1) original and one (1) copy, or by electronic submittal as designated and approved by the Office, of the application with the same content as required for an original application, except the Applicant will not be required to submit any information which duplicates applicable previous submittals. However, the applicant shall clearly describe where, in the original application and supporting documents, the information not included in the amendment application, but necessary to render the amendment technically adequate, may be found.

(3) The amendment application shall be accompanied by a basic fee as specified in Section 34-32.5-125, C.R.S.

(4) Applications for amendments shall be reviewed by the Board or Office in the same manner as applications for new Permits.

(5) All aspects of the mining operation and Reclamation Plan that are subject to the amendment will be subject to these Rules, as amended, in effect at the time the Permit is amended.

1.10.2111 Special Operation Permit Amendments

111 Special Operation permit amendments are not allowed by statute. An Operator may only make changes defined under Rule 1.1(53).

1.11CONVERSIONS

1.11.1Purposes and Types

(1) A conversion is an application to change an existing permit to another type of permit such as changing a 110 Limited Impact Permit to a 112 Reclamation Permit.

(2) Unless such mining is incidental to the permitted activity, any Operator who intends to mine any commodity other than a "construction material" commodity, as defined in Section 34-32.5-103(3), C.R.S., shall apply for a conversion to a new permit under the provisions of Section 34-32-101, et seq, C.R.S. Upon issuance of the new permit, the existing permit under Section 34-32.5-101, et seq, C.R.S., shall be terminated. Such determinations may be made through declaratory order by the Board.

(3) Any Operator with a Special One-Time Excavation 111(1)(b) Operation Permit for which extraction and export activities are not completed within twelve (12) months after issuance of the permit, shall replace the Special One-Time Excavation 111(1)(b) Operation Permit with the applicable regular construction materials permit. All fee, warranty and processing requirements shall apply as a new permit application. A fee, as specified in Section 34-32.5-125(1)(a), C.R.S., shall be submitted at the time of the applicable regular construction materials permit application.

1.11.2Application Process

(1) Except for permit conversions under Rule 1.11.1, the original Permittee cannot convert a Permit unless the permit has been in existence for two (2) consecutive years.

(2) All fee, warranty and processing requirements shall apply as though the Conversion application were a new permit application. A fee, as specified in Section 34-32.5-125(1)(a), C.R.S., shall be submitted at the time of application submittal.

(3) Contents of application:

(a) except as otherwise indicated in this Rule 1.11.2, the Operator shall provide all the information required by the Act and these Rules for the size of operation. However, the Operator need not supply any information required by the provisions of the Act which has been previously supplied unless such information is different from that in the original application. However, the Applicant shall clearly describe where in the original application and supporting documents the information not included in the conversion application, but necessary to render the conversion application technically adequate, may be found.

(b) In addition, the application shall show:

(i) the area mined or disturbed; and

(ii) the area reclaimed since the original permit application.

1.12PERMIT TRANSFERS AND SUCCESSION OF OPERATORS

1.12.1 Approval Process

(1) Where one Operator succeeds another at any uncompleted operation, the first Operator shall be released from all liability as to that particular reclamation operation and all applicable Performance and Financial Warranties as to such operation shall be released if the successor Operator assumes, as part of the obligation under the Act and these Rules, all liability for the reclamation of the affected land, and the obligation is covered by replacement Performance and Financial Warranties as to such affected land.

(2) Requests for permit transfers and succession of Operators must be submitted on "Request for Transfer of Construction Material Permit and Succession of Operators" forms provided by the Board. Each request must include an executed Performance Warranty and applicable replacement Financial Warranty.

(a) The Office shall act on a Succession of Operator application within thirty (30) days.

(b) Succession of Operator requests will be considered automatically approved after thirty (30) days of the date the Succession of Operator request is filed with the Office unless the Operator is notified by the Office that the request is denied. Succession of Operator requests must be submitted on forms approved by the Board, and include the fee specified in Section 34-32.5-125(1) C.R.S., and the properly executed financial and performance warranties, when required.

(3) Approval of a permit transfer and succession of Operator request shall be given by the Office if it finds that the successor Operator is capable of assuming all responsibility for the conditions included under the original permit. Notice of Permit Transfer will be acknowledged in the monthly activity report attached to the monthly Board agenda.

1.12.2Denial and Appeal Process

(1) In the event that the Office decides to deny a succession of Operator application, the Office will notify the Applicant in writing within ten (10) days of the decision deadline.

(2) The Applicant may appeal the Office's decision to the Board for a final determination according to the provisions of Rule 1.4.11.

1.13TEMPORARY CESSATION

1.13.1General Provisions

(1) A permit granted pursuant to these Rules shall continue in effect as long as:

(a) an Operator continues to engage in the extraction of construction material and/or the mining operation and complies with the provisions of the Act; and

(b) construction material reserves are shown by the Operator to remain in the mining operation.

(2) The Board will consider all relevant testimony and facts related to a mining operation in its determination as to whether or not temporary cessation has occurred. The Board recognizes that no one factor is necessarily determinative, but that each determination will be based on site-specific conditions. Factors to be included in the determination if a mine will be considered for temporary cessation, include, but are not limited to the following:

1.13.2Indications of Temporary Cessation

(1) there are no personnel working at the site for one hundred and eighty (180) consecutive days;

(2) there are only security personnel at the site;

(3) there are personnel other than security people at the site, but they are engaged in activities which can be described as maintenance or housekeeping, or related activity;

(4) there are personnel at the site, but they are engaged in activities which are not significantly moving the site towards completion of the mining operation. The Board will judge these activities in relation to the size of the operation, the nature of the deposit and other facts;

(5) there is no sale or processing of material or movement of stockpiled material;

(6) there is only minimal or token excavation of construction material or other material; or

(7) mine development has ceased and mining has not recommenced.

1.13.3Indications Against Temporary Cessation

(1) Extraction of construction materials has been completed and only final reclamation and related activities occurring at the site are part of the "life of the mine" (see Definition or see Section 34-32.5-103(11), C.R.S.); or

(2) a permit has been issued, but the mining operation has not commenced.

1.13.4Temporary Cessation for a Portion of a Mining Operation

There may be Temporary Cessation for part of the mining operation when one or more operations of several separable types within a permit has been discontinued. Movement of portable equipment between permitted sites shall not be construed to be Temporary Cessation.

1.13.5Notice by Operator

(1) If the Operator plans to, or does, temporarily cease production of the mining operation for one hundred and eighty (180) days or more, the Operator must file a Notice of Temporary Cessation in writing, to the Office.

(a) Initial period shall be the first five (5) years of Temporary Cessation beginning with the one hundred and eighty (180) day period of production cessation.

(b) The second five (5) year period of Temporary Cessation shall begin at the end of the initial period of Temporary Cessation.

(2) The Notice of Temporary Cessation for the initial period shall include the following:

(a) the date of cessation;

(b) the reasons for non-production or cessation of the mining operation;

(c) a plan for resumption of mining;

(d) the measures to be taken to comply with reclamation requirements and/or other activities related to the performance standards of Rule 3.1 while the mine is in Temporary Cessation; and

(e) demonstration that the existing Financial Warranty is adequate to cover the reclamation liability.

(3) The Notice for the second period shall include the following:

(a) demonstration that the existing Financial Warranty is adequate to cover the reclamation liability;

(b) explanation as to why the Operator has not recommenced operations or begun reclamation;

(c) demonstration of continued commitment to conduct mining operations at the site by the end of the second five (5) year period.

(4) Prior to the Board Hearing to consider the request for the second five (5) year period of Temporary Cessation, the Office shall:

(a) conduct an inspection of the site to verify compliance with the Act and Construction Material Rules and Regulations;

(b) review the permit file for complaints against the operation and the status of resolution of those complaints;

(c) report to the Board at the Hearing comments by any owner of affected land or local government comments.

(5) The Notice shall be separate from any other correspondence or reports submitted to the Office.

(6) The requirement of a Notice of Temporary Cessation shall not apply to Operators who resume the mining operation within one (1) year and have included in the permit applications a statement that the affected lands are to be used for less than one hundred and eighty (180) days per year.

1.13.6Board/Office Procedure

(1) Upon receipt of the above submission as outlined in Rule 1.13.5, the Office will place the Notice of Temporary Cessation on the agenda of the next regular Board meeting and give notice to the Operator, the county and any municipalities within two (2) miles of the proposed operation, by mail.

(2) The Board, at said meeting and in consultation with the Operator and other interested parties, may take whatever action(s) it deems necessary and are authorized by law, including but not necessarily limited to:

(a) acceptance of the Notice of Temporary Cessation as submitted;

(b) acceptance of the Notice of Temporary Cessation with modifications and other necessary activities as established by the Board;

(c) determination that the mining operation is not in a state of temporary cessation; or

(d) continuance of the matter for another month or more to allow the Operator to revise the Notice of Temporary Cessation and/or to allow the Office staff to conduct a site inspection or otherwise review the matter as necessary.

(3) When no reclamation or performance standard issues or problems are indicated in the Notice of Temporary Cessation or by field or file inspection, and no concerns are expressed by interested persons, the Notice shall not be placed on the agenda or heard by the Board. In such cases, the county and appropriate municipality will be notified and the fact of the receipt of the Notice by the Office will be acknowledged in the monthly activity report attached to the monthly agenda.

1.13.7Application Requirements - Substitute for Notice of Temporary Cessation

Where certain mining operations have periods of inactivity exceeding one hundred and eighty (180) days, the Operator may include in the permit application, amendment or technical revision, the information otherwise required when filing a Notice of Temporary Cessation (Please see Rules 6.3.3 or 6.4.4). If approved by the Board or Office, such Notice in the permit shall serve as a substitute for the Notice of Temporary Cessation with the following conditions:

(a) The Operator must report to the Board through the Annual Report:

(i) the condition of the operation at the time of cessation;

(ii) what specific measures have been and will be implemented to comply with reclamation and performance standards; and

(iii) plans for resumption of mining.

1.13.8Five Year Term of Temporary Cessation

(1) A permit granted pursuant to these Rules shall continue in effect as long as:

(a) the mining operation is resumed within five (5) years of the beginning of Temporary Cessation; or

(b) the Operator files a request for an extension of the period of Temporary Cessation with the Board meeting the requirements of Rule 1.13.5 and secures Board approval of that request.

(2) The Board shall, when necessary, establish the commencement of temporary Cessation to determine the start of the five (5) year period described in Rule 1.13.8.

1.13.9 Ten Year Limitation for Temporary Cessation

In no case shall Temporary Cessation be continued for more than ten (10) years without terminating the mining operation and fully complying with the Reclamation Plan requirements of the Act and these Rules.

1.14TERMINATION

1.14.1Permit Termination

(1) A permit granted pursuant to these Rules shall continue in effect as long as:

(a) the Board does not take action to declare termination of the life of the mine, which action shall require a sixty (60) day notice to the Operator alleging a violation of the permit, the Act or Rules; or

(b) there is a discontinuance of the mining operation with a Temporary Cessation filing as provided in Rule 1.13.5 or 1.13.7;

(c) there is no failure to submit the reports required under Rules 1.13.5 and 1.13.7; or

(d) there is no failure to comply with the requirements of Rule 1.13.8.

(2) In the event the Operator is not in compliance with the provisions of Rule 1.14.1, the Board shall provide a reasonable opportunity for the Operator to meet with the Board to present the full case and further provide reasonable time for the Operator to bring violations into compliance. Such hearings and procedures shall be in compliance with the requirements of Rule 3.3.2 ; or at such hearings the Board may:

(a) declare termination of the life of the mine according to the provisions of this Rule and after finding a violation in accordance with Rule 3.3.2; or

(b) declare that a mining operation is in a state of Temporary Cessation, establishing a commencement date, as necessary, according to a review of the facts.

1.15ANNUAL REPORT INCLUSIONS

(1) The Annual Report shall include all information specified on the Annual Report Form, in the format required by the Office, and specifically:

(a) the Operator shall submit, together with the Annual Report, an updated statement regarding the sufficiency of the value of the Financial Warranty. Additional reasonable data to substantiate the value of the existing Financial Warranty shall be provided if requested by the Office or Board; and

(b) for any Financial Warranty which is submitted in the form of a Deed of Trust or a Security Agreement, the Operator shall submit, together with the Annual Report, an update by a qualified appraiser indicating any changes in property value, and a statement summarizing any circumstances which may affect the adequacy of the Deed of Trust or Security Agreement, or the value of the property subject thereto.

(c) The Operator shall provide all monitoring information required as part of the approved Reclamation Plan.

(2) An Operator may request a one-time change to a date other than the anniversary date of the permit for the purpose of submitting Annual Reports.

(3) The Annual Report for Special 111(1)(a) Operations shall include a statement as to the date the public road construction project has or will terminate.

1.16ADDRESS CHANGE, SALE OF PROPERTY BY AN OPERATOR, CHANGE IN PROPERTY LEASE, OR BUSINESS NAME OR OWNERSHIP CHANGE, AND NOTICE OF FILING OF A PETITION IN BANKRUPTCY

(1) It shall be the duty of the Operator to keep the Office notified of any mailing address change by promptly sending written notice of such change to the Office. The Office is entitled to assume, in the absence of such Notice, that it may proceed with the last previous address provided by the Operator, and the Operator will be bound by such Notice as if actually received.

(2) Where an Operator is the owner of the lands to be mined and the Operator sells such lands, the Operator shall promptly notify the Office of such sale. Where an Operator leases the lands, the Operator shall promptly notify the Office of any substantial changes that affect right of legal entry upon the lands to be mined.

(3) Where an Operator's official business name changes or there is a change in business ownership or business form, the Operator shall contact the Office within thirty (30) days of such change in order to revise performance and financial warranty documents and complete the Succession of Operator forms.

(4) Where an Operator files a petition in bankruptcy, the Operator shall immediately notify the Office via certified mail of such filing.

2 CCR 407-4-1

42 CR 12, June 25, 2019, effective 7/15/2019