2 Colo. Code Regs. § 407-1-1

Current through Register Vol. 47, No. 23, December 10, 2024

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

1.1DEFINITIONS

(1) "Acid and Toxic 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.

(2) "Acid Mine Drainage" means contamination of water by low pH or heavy metals that occurs from mined or disturbed materials as a result of the chemical and biological oxidation of reactive sulfide minerals when exposed to air and water. The possibility of generating "Acid Mine Drainage" exists where the pH of any exposed or potentially exposed overburden, waste rock, mill tailings, waste water treatment sludge, or other mined, placed, disposed or stockpiled material has the potential to develop a pH of 5.8 or less. Such determination may be based upon acceptable accelerated weathering and leaching tests of a representative sample of the overburden, waste rock, mill tailings, or other mined, placed, disposed, or stockpiled material. In determining whether a potential for acid mine drainage generation exists, the Office will consider natural pre-mining acidity and metals occurrence in bedrock, soil, groundwater and surface water where such information is available to the Office. Mined and stockpiled material does not include ore or other mined product that is or will be processed within one hundred and eighty (180) days of being stockpiled and removed from the permit area. However, the area affected by such stockpiled material may require the appropriate measures pursuant to Rules 3, 6 and 7, to prevent off-site impacts due to drainage or leaching, and for reclamation of the affected stockpile area.

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

(4) "Affected Land" means the surface of an area within the state where a mining operation or Extractive Metallurgical Processing 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; prospecting sites; drill sites or workings; refuse banks or spoil piles; evaporation or settling ponds; leaching dumps; placer areas; tailings ponds or dumps; 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.

(5) "Affected Surface Water and Groundwater" means for purposes of the baseline site characterization and monitoring plan required for applications for in situ leach mining operations that surface water or groundwater affected or potentially affected by such mining operation.

(6) "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.

(7) "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, Reclamation Plan, or Environmental Protection Plan.

(8) "Analogous law, rule or permit" means for purposes of violations and patterns of violation required to be disclosed in applications for in situ leach mining operations any federal or state law, rule or permit issued by this or another state or the United States which covers any of the environmental protections set forth in Sections 34-32-116 and 116.5, C.R.S.

(9) "Anniversary date of the Notice of Intent to Prospect" means the date the Office or Board issues the Notice of Intent to Prospect approval and is the date the annual fee shall be deposited with the Office on an annual basis until the Office terminates the Notice of Intent to Prospect.

(10) "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 terminates the permit.

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

(12) "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.

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

(14) "Baseline site characterization and monitoring plan" means that baseline site characterization and monitoring plan required by Section 34-32-112.5, C.R.S. for all permit applications for in situ leach and designated mining operations. This term does not include other baseline characterizations, monitoring plans, studies or the like required under the act or these regulations.

(15) "Best available technology" means, for the purposes of establishing, designing and implementing groundwater reclamation plans for in situ mining operations, the best technologies, treatment techniques, reclamation techniques or other means that result in effective reclamation of groundwater, taking into consideration all relevant factors including, but not limited to, technical feasibility, cost effectiveness, and the protection of public health, safety, welfare and the environment. In considering cost effectiveness, the financial condition of an operator shall not be a factor.

(16) "Complex Application" is an application which may require the Office to respond to additional factors such as the public comment process, professional staff or outside professional or agency expertise, and other issues beyond what the Office considers to be a typical application review process for the majority of applications received.

(17) "Description of ISL Mines" means that description required to be in applications for all in situ leach mining operations of at least five (5) in situ leach mining operations that demonstrates the ability of the applicant to conduct such a proposed mining operation without any leakage, vertical or lateral migration, or excursion of any leaching solutions or groundwater-containing minerals, radionuclides, or other constituents mobilized, liberated or introduced by the in situ leach mining process into any groundwater outside of the permitted in situ leach mining area.

(18) "Designated Chemicals" are toxic or acidic chemicals identified by the applicant / operator, and accepted or determined by the Office, for use within the permit area, in extractive metallurgical processing, the use of which, has been determined, at certain concentrations, to represent a potential threat to human health, property or the environment.

(19) "Designated Mining Operation" means a mining operation at which:

(a) designated chemicals used in metallurgical processing are present on-site; or

(b) toxic or acid-forming materials may be exposed or disturbed as a result of mining operations; or

(c) acid mine drainage occurs or has the potential to occur due to mining or reclamation activities; or

(d) uranium is developed or extracted, either by in situ leach mining methods or by conventional underground or open mining techniques.

(e) The various types of Designated Mining Operations are identified in Section 34-32-112.5, C.R.S. 1984, as amended. Except as to uranium mining operations, designated mining operations exclude operations that do not use toxic or acidic chemicals in processing for purposes of extractive metallurgy and will not cause acid mine drainage. Any designated mining operation, including uranium designated mining operations, may seek exemptions from this status pursuant to Rule 7.

(f)

(1) Metal mining operations, permitted under Section 34-32-110, C.R.S. 1984, as amended, which do not use or store designated chemicals, shall be exempt from the requirements applicable to Designated Mining Operations, unless they have a potential to produce acid or toxic mine drainage in quantities sufficient to adversely affect any person, property or the environment. It shall be the burden of the Operator or Applicant to demonstrate to the satisfaction of the Office that such potential does not exist.

(2) The exception set forth in Rule 1.1 Does not apply to Section 110 uranium mining operations. However, such operations may apply for an exemption from Designated Mining Operation status pursuant to the requirements and procedures set forth in Rule 7.

(g) Designated Mining Operations shall be identified with a "d" suffix, (i.e., 110d or 112d). An in situ leach mining operation under Section 110 or 112 shall be treated as a section 112d-3 operation unless such operation is granted an exemption from designated mining operation status under Rule 7, in which case such operation shall be referred to as an "110 ISL" or "112 ISL" operation, as appropriate.

(20) "Development" means the work performed in relation to a deposit, following the prospecting required to prove minerals are in existence in commercial quantities but prior to production activities, aimed at, but not limited to, preparing the site for mining, defining further the ore deposit by drilling or other means, conducting pilot plant operations, constructing roads or ancillary facilities, and other related activities.

(21) "Environmental Protection Facility" means a structure which is identified in the "Environmental Protection Plan" as designed, constructed and operated for control or containment of designated chemicals, uranium, uranium by-products or other radionuclides, acid mine drainage, or toxic or acid-forming materials that will be exposed or disturbed as a result of mining or reclamation operations.

(22) "Environmental Protection Plan" means a plan submitted by a Designated Mining Operation for approval as part of the Operator's or Applicant's permit for such operation for the protection of human health, property or the environment in conformance with the duties of Operators as prescribed by the Act and these Rules.

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

(24) "Extractive Metallurgical Processing" means the production-scale process of extracting metals of value from mineral ore, or waste water treatment for metals removal. Metallurgical processing may include but is not limited to crushing, concentrating, chemical leaching, evaporation, grinding, flotation, milling, or any other process of ore beneficiation on affected lands. It does not include laboratory analyses, metallurgical testing, potable water treatment, prospecting activities, or other activities which involve only incidental, or minimal, use of designated chemicals and which do not pose a threat to human health, property or the environment. All activities outlined constitute Mining Operations as defined herein.

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

(26) "Failure or Imminent Failure" means, for the purpose of emergency notification response:

(a) Any actual or imminent release of any material or liquid from any impoundment, embankment, or slope that poses a reasonable potential for danger to any persons or property or to the environment;

(b) Any actual or imminent malfunction or nonperformance of any structure for in situ leach mining operations designed to detect, prevent, minimize, or mitigate adverse impacts on groundwater, human health, wildlife, or the environment; or

(c) The actual or imminent malfunction or nonperformance of any environmental protection facility designed to contain or control chemicals or waste that are acid or toxic-forming.

(27) "Filed" means an application submitted to the Office and determined to contain the permit application information required for all permits 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 non in situ leach mining 110 or 110d for a Limited Impact operation application;

* 1.4.5(2) for a 112 or 112d Reclamation Permit Operation application; or

* 1.4.4 and 1.4.5 for all in situ leach mining operation applications. Note: all 110 and 112 in situ leach mining operations under section must comply with filing requirements for both 112d designated mining operation applications and in situ leach mining applications unless the applicant is granted an exemption from designated mining operation status. In such a case, the applicant need only comply with in situ leach mining application requirements.

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 34-32-110(6), or 34-32-115(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.

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

(29) "Financial Warranty" means 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, together with proof of financial responsibility.

(30) "Independent Reviewer" is a person who is utilized by the Office to review Quality Assurance/Quality Control certification documents designated by the Office, Baseline site Characterization and Monitoring Plans, environmental protection plans, applications, Amendments and Technical Revisions and to monitor field operations. An Independent Reviewer is not an agent of the Office, Operator, Applicant, or any other person involved in the application or other hearing before the Board.

(31) "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.

(32) "In Situ Leach Mining" means in situ mining for uranium through the in-place dissolution of mineral components of an ore deposit by causing a chemical leaching solution, usually aqueous, to penetrate or to be pumped down wells through the ore body and then removing the mineral-containing solution for development or extraction of the mineral values.

(a) It is not intended that this definition of in situ leach mining include extraction or disturbance of trace amounts or de minimus amounts of uranium that have no potential to affect human health or the environment when such extraction or disturbance of uranium occurs while mining another mineral. If uranium is disturbed or extracted during the mining of another mineral, the operator shall immediately inform the Office of the disturbance or extraction, and include all information concerning the circumstances of the disturbance or extraction of the uranium in a written report submitted to the Office. After notification to the Office, the Office will determine whether the Operator must comply with the in situ leach mining and designated mining operation requirements.

(33) "In Situ Mining" means the in-place development or extraction of a mineral by means other than open mining or underground mining.

(34) "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 mining or prospecting. These surface rights are separate from mineral rights which may or may not be owned and controlled by the same entity.

(35) "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 minerals, complies with the Act and these Rules, and as long as mineral 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.

(36) "110 Limited Impact Operation" means any mining operation which requires a 110(1) or 110(2) permit:

(a) A 110(1) permit affects five (5) acres or less and requires a permit issued under Section 34-32-110(1)(a)(III), C.R.S. for the life of the mine; and is not an in situ leach mining operation or a designated mining operation; or

(b) A 110(2) permit affects less than ten (10) acres and requires a permit issued under Section 34-32-110(2), C.R.S. for the life of the mine; extracts less than seventy thousand (70,000) tons of mineral, overburden, or combination thereof per calendar year; and is not an in situ leach mining operation or a designated mining operation.

(37) "110 Limited Impact Permit" shall mean a permit issued to a 110 Limited Impact Operation pursuant to Section 34-32-110(1)(a)(III) or (2), C.R.S.

(38) "110d Limited Impact Permit" shall mean a permit issued to an operator for a Designated Mining Operation pursuant to Section 34-32-112.5(3)(a), C.R.S.

(39) "Meeting" as the term is used in these Rules, means the regular monthly session held by the Board in accordance with Section 34-32-106, 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 34-32-114, 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.

(40) "Mineral" means an inanimate constituent of the earth in a solid, liquid, or gaseous state which, when extracted from the earth, is useable in its natural form or is capable of conversion into a useable form as a metal, a metallic compound, a chemical, an energy source, or a raw material for manufacturing or construction material. For the purposes of this article, this definition does not include coal, surface or subsurface water, geothermal resources, or natural oil and gas together with other chemicals recovered therewith, but does include oil shale.

(41) "Mining Operation" means the activities associated with development, production and / or extraction of a mineral from its natural occurrences, or extractive metallurgical processing on affected land. The term includes, but is not limited to, open mining, in situ mining, in situ leach mining, surface operations and the disposal of refuse from underground mining, in situ mining, and in situ leach mining. The term also includes the following operations on affected lands: transportation; concentrating; milling; evaporation; other processing; construction of facilities to support the mining operations, stripping, and removal and stockpiling of overburden, waste rock and low grade ore. 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; or extraction of construction material as that term is defined in Section 34-32.5-103(3), C.R.S.

(42) "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 34-32-114 of the Act.

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

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

(45) "110 ISL operation" or "112 ISL operation" shall mean those in situ leach mining operations which have been granted an exemption from designated mining operation requirements. Otherwise, 110 and 112 in situ leach mining operations shall be considered and referred to as 112d operations.

(46) "Open Mining" means the mining of minerals 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.

(47) "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.

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

(49) "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.

(50) "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.

(51) "Pattern of Willful Violations" means that information required to be disclosed in the application for an in situ leach mining operation that the applicant, or an affiliate, officer or director of the applicant, has or has not demonstrated a pattern of willful violations of environmental protection requirements of the Act or these regulations or a permit issued under the Act or an analogous law, rule or permit issued by another state or the United States.

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

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

(54) "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.

(55) "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.

(56) "Production" means active, orderly mining operations performed in relation to the extraction of a mineral from its natural occurrences, the processing or sale of an extracted mineral, or movement of extracted mineral material off site for further processing or sale. Minimal excavation and/or activity may not constitute production and is evaluated with respect to the scale of the mining operation.

(57) "Prospecting" means the act of searching for or investigating a mineral deposit. "Prospecting" 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 prospecting. The term also does not include any single activity, unless specified in Rule 5 of these rules which results in the disturbance of a single block of land totaling one thousand six hundred (1,600) square feet or less of the land's surface, not to exceed two (2) such disturbances per acre; except that the cumulative total of such disturbances will not exceed five (5) acres statewide in any prospecting operation extending over twenty-four (24) consecutive months.

(58) "Prospecting Notice" shall mean that notice required by the Act to engage in Prospecting.

(59) "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.

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

(61) "Regular Operation" applies to all mining operations not included within the definitions of Limited Impact or Prospecting Operations, specifically, any mining operation affecting ten (10) acres or more, or extracting seventy thousand (70,000) tons or more of mineral, overburden, or combination thereof per calendar year.

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

(63) "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.

(64) "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.

(65) "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 or Environmental Protection Plan.

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

(67) "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.

(68) "Two Acre Limited Impact Operation" means any currently permitted mining operation issued under Section 34-32-110(1)(a)(I), C.R.S. which:

(a) the permit application for such operation was filed prior to July 1, 1993;

(b) affects less than two (2) acres for the life of the mine; and

(c) extracts less than seventy thousand (70,000) tons of mineral, overburden, or combination thereof per calendar year;

By July 1, 2015 an Operator issued a two acre limited impact permit pursuant to Section 34-32-110(1)(a)(I), C.R.S. shall file with the Office:

a) evidence of the source of the person's legal right to enter and initiate a mining operation on affected land; and

b) a financial warranty that complies with Sections 34-32-110(3) and 34-32-117(4), C.R.S.

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

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

(71) "Working Day" means Monday through Friday, except for those days that are recognized or designated as State holidays or other non-work days as declared by the governor or legislature.

(72) "1976 Act or the Act" refers to the Colorado Mined Land Reclamation Act of 1976, Section 34-32-101, et seq., C.R.S. 1984, as amended.

1.2SCOPE OF RULES AND ACTIVITIES 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 mineral as defined in Section 34-32-103(7), Colorado Revised Statutes 1984, as amended or because the activity is not a mining operation as defined by Section 34-32-103(8), 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) smelting, refining, cleaning, preparation, transportation, and other off-site operations not conducted on affected land; and

(d) the extraction of geothermal or groundwater resources.

1.2.2Reserved

1.2.3Effect of Regulations

Nothing in these Rules shall supplant, alter, impair or negate the regulatory authority of the Colorado Department of Public Health and Environment in relation to mining operations, nor shall these Rules supplant, alter, impair, or negate the authority of other state and federal agencies in relations to mining operations.

1.2.4Extraction or Prospecting on Federal Lands

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

1.3PUBLIC INSPECTION OF DOCUMENTS

(1) Except as provided in this Rule 1.3 or as otherwise provided by law, all applications, notices of intent to conduct prospecting, 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 the Act or these Rules shall be made available for inspection as required by law upon the written request of 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) As to mining operations, 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 ore body or deposit and thickness and type of overburden to be removed. Information concerning a mining operation marked as confidential and determined by the Office to be confidential shall not be made available to the public 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.

(4) As to notices of intent to conduct prospecting:

(a) All information in a Notice of Intent to Conduct Prospecting submitted and approved prior to June 2, 2008, shall be treated as confidential except as set forth in Rule 1.3 . Such confidential information shall not be made available to the public unless the Board finds that reclamation has been satisfactorily completed, or unless the Operator gives a written consent to the release of all or any part of the information. However, if a prospector uses the Notice of Intent to conduct the baseline site characterization and monitoring plan required for an in situ leach mining operation application, the design and operation of the baseline site characterization and monitoring plan, together with all information collected in accordance with the plan, shall be a matter of public record.

(b) For Notices of Intent to Conduct Prospecting or modifications thereof submitted or approved on or after June 2, 2008, all information in a notice of intent or modification of such notice is a matter of public record including, in the case of a modification, the original notice of intent; except that, information relating to the mineral deposit location, size or nature, and other information designated by the prospector and determined by the Board as proprietary, trade secret or that would cause substantial harm to the competitive position of the prospector, shall be protected as confidential and shall not be a matter of public record in the absence of a written release from the prospector, until the Board finds that reclamation has been satisfactorily completed, or until the Board releases the information pursuant to Rules 1.3 . However, if a prospector uses the Notice of Intent to conduct the baseline site characterization and monitoring plan required for an in situ leach mining operation application, the design and operation of the baseline site characterization and monitoring plan, together with all information collected in accordance with the plan, shall be a matter of public record.

(c) An applicant or prospector may designate its identity as confidential if the applicant or prospector believes disclosure of its identity would cause substantial harm to its competitive position. If so designated, the Office shall keep the identity confidential until:

(1) the applicant or prospector files a written release;

(2) the applicant or prospector files the notice described in Rule 1.3(4)(c)(i);

(3) the Board finds that reclamation has been satisfactorily completed; or

(4) until the Board releases the identity pursuant to Rules 1.3 and (h).

(i) If identity is designated as confidential and the Office approves the notice of intent to prospect, the prospector shall file with the Office quarterly reports in which the prospector justifies continuance of its confidential designation of its identity. In addition, once the prospector believes its identity no longer needs to be confidential, it shall forthwith file a written notice to the Office. Upon receipt, the Office shall treat the prospector's identity as public record and post the identity of the prospector on the Office's website within ten (10) days of receipt of the prospector's notice.

(ii) The confidentiality designation of an applicant's or prospector's identity shall be subject to the dispute resolution procedures set forth in Rule 1.3(4)(f) and (h).

(d) Upon submittal of a notice of intent or modification thereof, every applicant shall designate any information the applicant considers to be exempt from public disclosure. The Office shall post on its website within five (5) days of receipt of such notice or modification all information in a notice of intent or modification except information that the applicant has designated as exempt from disclosure.

(e) If the Office approves a notice of intent, the prospector shall continue to designate any information the prospector believes is exempt from public disclosure in any written submittals filed with the Office after the filing of the notice of intent including in annual and final reports. Such designations shall be subject to the same grounds for designation and procedures for resolution of designation disputes as apply to information in a notice of intent.

(f) Any person may submit a written request to the Office asking that information in a notice of intent that a prospector has designated as confidential be disclosed. Such request must be filed with the Office within ten (10) working days of the Office's posting of the notice of intent on its website. The Office shall treat such request as a deficiency issue that must be resolved prior to approval of the notice of intent. Such request shall set forth the specific information requested to be disclosed and the factual and legal basis for the person's assertion that such information is public. Upon receipt of such a request, the Office shall forward the request to the prospector within three (3) working days of receipt of the request. If the prospector does not consent to disclosure of the information within seven (7) days from receipt of the request, the Office shall keep the information confidential and inform the requesting person in writing within three (3) working days of the prospector's decision. Within seven (7) days from the receipt of the prospector's decision, the requesting person may ask the Board to hold a hearing on whether the information should remain confidential. If the person requests a hearing, such hearing shall not be held any earlier than twenty (20) days after the Office has given notice of the hearing to the prospector and the requesting person. Any response by the Office or the prospector to the request for disclosure shall be kept confidential and shall only be sent to the Board, Office and prospector, as applicable.

(g) If the Office believes that a prospector has not properly designated information as confidential, the Office shall inform the prospector of the Office's decision. The Office's decision shall be kept confidential. If the prospector does not consent to disclosure of the information within seven (7) days from notice of the Office's decision, the Office shall keep the information confidential and may set the matter for hearing before the Board. The Board hearing shall not be held any earlier than twenty (20) days after the Office has given notice of the hearing to the prospector.

(h) The Board shall hold any hearing set under Rule 1.3(4)(f) in executive session. No entity other than the Board shall be present in the executive session. The Board shall electronically record such executive sessions and maintain such recordings in accordance with the Open Meetings Law, Section 24-6-204, C.R.S.

(i) Prior to holding an executive session, the Board in its discretion may hear oral argument in open meeting from the applicant or prospector, the Office and the requesting person, if applicable. The Board may decide the matter on the written request alone or on the Office's written decision alone, whichever is applicable, or it may require the applicant or prospector, the requesting person (if applicable) and the Office to submit written briefs on whether the information should be kept confidential or should be publicly disclosed. Such written briefs shall only be submitted to the Board, which shall keep them confidential. Within thirty (30) days of holding a hearing in executive session, the Board shall issue an order that grants or denies, in whole or in part, the request or that upholds or reverses in whole or in part the Office decision. The order shall keep confidential the information the Board has determined should remain confidential.

(ii) If the Board determines that certain information is public rather than confidential, the Board shall delay disclosure of such information until thirty (30) days from the date of its written order. The Board's decision shall constitute final agency action for purposes of judicial review.

(5) Any dispute as to whether information is properly designated as exempt from public disclosure shall be considered a deficiency issue concerning the notice of intent to conduct prospecting. Accordingly, the Office shall not approve a notice of intent, and prospecting activities shall not be authorized to commence, until the designation issue has been resolved and the applicant has satisfied all other requirements applicable to a notice of intent.

(6) 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, except that Designated Mining Operations shall also submit an Environmental Protection Plan as outlined in Rule 6.4.21, and in addition, all In Situ Leach Mining Operations shall also submit Exhibits set forth in Rules 6.4.21 (unless exempt), 6.4.22, 6.4.23, 6.4.24, and 6.4.25.

(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 physical address, e-mail, and telephone number of the general Office and the local address or addresses, e-mail and telephone number of the Operator/Applicant;

(b) the name, address, e-mail, and telephone number of the Owner of the surface of the affected land and the source of the Operator's/Applicant's legal right to enter and initiate a mining operation on the affected land;

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

(d) a statement that the Operator/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 or amended; 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. Rule 1.4.1 Shall not apply to in situ leach mining applications.

(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. 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 the 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) To allow the Applicant an opportunity to provide information necessary to meet the adequacy requirements of the Office, the Applicant may request that the Office's review time be extended and the Office's decision date reset, not to exceed 365 days from the date the application was filed. If, at the end of the three hundred and sixty-five (365) day period, the application has outstanding adequacy issues and there have been timely filed objections to the application, the Office may issue a rationale recommending approval or denial of the application and shall set the matter for a Board hearing. If there remain adequacy issues after three hundred and sixty-five (365) days but no objections to the application have been timely submitted, the Office may issue the decision on the application or set the matter for a Board hearing. At the hearing the Board may at the request of the Applicant extend the review time and decision date, deny the application, 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 non in situ leach mining 110 or 110d Limited Impact application, ninety (90) days for any 112/112d/112 ISL or 110 ISL Reclamation Permit application without objections, or one hundred and twenty (120) days for any 112/112d/112 ISL or 110 ISL Reclamation Permit application with objections.

1.4.2Specific Application Requirements - 110(1), 110(2), 110 ISL and Non-In Situ Leach 110d Limited Impact Permit Applications

(1) All general application requirements outlined in Rule 1.4.1, shall be required for 110(1), 110(2), and 110d Limited Impact Operations; except that any application for a 110 in situ leach mining operation must be filed and shall be considered as a 112d-3 permit application pursuant to Section 34-32-112.5(3)(d), C.R.S. and Rule 1.4.4 ; however, if such in situ leach mining applicant is granted an exemption from designated mining operation status, the application shall be labeled a "110 ISL" operation, and the applicant need not comply with the designated mining operation requirements but must still comply with all in situ leach mining application requirements in Rule 1.4.4 . The process for Office and Board consideration of 110 ISL shall follow those set forth in Rule 1.4.8, and the two hundred and forty (240) day deadline for a decision shall apply.

(2) An application will be considered filed for the purpose of calculating the thirty-day (30) decision-making time period under Section 34-32-110(6), C.R.S., as amended, when the application file includes all of the following submittals:

(a) the application fee; as determined under Section 34-32-127(2) 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 Rules 6.5 and 7.3, if required by the Office for a non-designated operation pursuant to Rule 6.1.2;

(v) an environmental protection plan as described in Rule 6.4.21 if the operation is a designated mining operation; and

(vi) 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).

1.4.3Pre-Application Requirements - All In Situ Leach Mining Operations Regardless of Designated Mining Operation Status - Reclamation Permit Operations - Retention of Third Party Expert - Baseline Site Characterization and Plan for On-Going Monitoring

(1)

(a) All prospective applicants for any in situ leach mining operation, regardless of size or designated mining operation status, shall confer with the Office prior to conducting any baseline site characterization activities. At such conference, the prospective applicant shall submit for the Office's approval a plan for conducting the baseline site characterization and for on-going monitoring of the affected land and surface and groundwater and reclamation and financial warranty requirements. The plan shall include all of the activities the prospective applicant proposes to conduct for the baseline site characterization, the methods of conducting such activities, including the operating procedures and standards, the proposal for on-going monitoring of affected land and water, and applicable reclamation requirements pursuant to Rule 3. The prospective applicant shall not conduct any baseline site characterization activities until the Office approves of the plan for conducting such activities and a financial warranty is posted pursuant to Rule 4.

(b) Within five (5) days of submittal of the baseline site characterization plan, the Office shall post notice of receipt of the plan on the Office website. Any public comment regarding the baseline site characterization and monitoring plan must be received by the Office no later than ten (10) working days after the notice was posted on the Office website. Copies of the plan will be available at the Office for review.

(c) If a prospective applicant has conducted baseline site characterization activities prior to the effective date of this Rule and prior to obtaining the Office's approval of the plan for such activities, the Office may in its discretion allow the prospective applicant to use data from those activities as long as, at a minimum, the prospective applicant submits and the Office approves the method the prospective applicant used in conducting the activities and the prospective applicant submits and the Office approves the plan required in Rule 1.4.3 Above for future activities.

(2) The Office may retain, and the prospective applicant shall pay the costs of, an independent third-party professional expert to oversee baseline site characterization, monitor field operations or review any portion of the information collected, developed, or submitted for the Baseline Site Characterization and Monitoring Plan to be included in a permit application as follows:

(a) The Office shall define the scope of work to be conducted by the expert;

(b) The expert shall submit and the Office shall review all invoices for payment;

(c) The Office shall approve invoices that are documented with, but not limited to, time sheets and receipts, and that reflect the reasonable costs of the expert. The Office may reject invoices that the Office believes are inaccurate, unreasonable or are not supported by sufficient and proper documentation. The Office shall summarize in writing its own costs for its review and oversight associated with the Baseline Site Characterization and Monitoring Plan;

(d) The prospective applicant shall pay the reasonable costs incurred by the Office and the expert;

(e) The prospective applicant may object to the selection of a specific expert only on the grounds that:

(i) The expert lacks the professional qualifications to accomplish the scope of work;

(ii) The expert has a conflict of interest with the prospective applicant or proposed project; or

(iii) The expert has a bias that could influence the objectivity of the work to be accomplished;

(iv) If the Board or Office concurs with the prospective applicant's objection to the expert, the Board or Office shall select a different expert.

(f) If the prospective applicant fails to pay any costs the expert submits and the Office approves, or any costs the Office submits to the prospective applicant for its own costs, within 30 days of notice that such costs are due, any application the prospective applicant submits shall not be considered filed and the deadlines for Office review shall not be triggered. If the prospective applicant pays the costs due, any application submitted may be considered filed if payment occurs within three (3) months of when the costs were due and if other requirements for an application being considered filed are met. If the prospective applicant pays the costs later than three (3) months of when they were due, the Office may determine that the application is filed, that the applicant must update the application or that the application is not filed for reasons other than failure to pay the costs of the Office and expert.

1.4.4Specific Application Requirements - All In Situ Leach Mining Operations Regardless of Designated Mining Operation Status - Reclamation Permit Operations

(1) All in situ leach mining operations are by law designated mining operations. For all applications for in situ leach mining operations including those filed under Section 34-32-110, C.R.S., the application requirements outlined in Rules 1.4.1 and 1.4.5 shall be required in addition to the requirements of this Rule 1.4.4 ; except that if such applicant is granted an exemption from designated mining operation status, the applicant need not comply with designated mining operation application requirements.

(2) An application for an in situ leach mining operation will be considered filed for the purpose of calculating the decision-making time periods in Sections 34-32-115(1) and 115(2), C.R.S., as amended, when the application file includes all the required items specified in Rules 1.4.1, 1.4.5 and includes all of the following submittals:

(a) a description of In Situ Leach Mines as described in Rule 6.4.22;

(b) a Baseline Site Characterization for the proposed permit area as described in Rule 6.4.23;

(c) a Monitoring Plan as described in Rule 6.4.24;

(d) a certification by the applicant regarding violations as required in Rule 6.4.25.

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

(3) Proof of the notices required pursuant to Rules 1.6.2 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).

1.4.5Specific Application Requirements - 112, 112d Reclamation Permit and 112 ISL Reclamation Permit Operations

(1) All general application requirements outlined in Rule 1.4.1 shall be required for a 112 and 112d Reclamation Permit Application. For all 110 and 112 applications for in situ leach mining operations, the requirements of Rules 1.4.1, 1.4.4 and this Rule 1.4.5 shall be required; however, if an applicant for an in situ leach mining permit is granted an exemption from designated mining operation status, such applicant need only comply with in situ leach mining requirements and not designated mining operation requirements such as the environmental protection plan.

(2) An application will be considered filed for the purpose of calculating the decision-making time periods under Sections 34-32-115(1) and 115(2), C.R.S., as amended, when the application file includes all of the following submittals:

(a) the application fee, as determined under Section 34-32-127(2) 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 Rule 1.4.1 and Rule 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 and Rule 7.3, if required by the Office for a non-designated operation pursuant to Rule 6.1.2;

(v) an environmental protection plan as described in Rule 6.4.21 if the operation is a designated mining operation; and

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

1.4.6Office Consideration- 110(1), 110(2), 110 ISL and 110d Limited Impact Operation Permit Applications

(1) Except as to 110 ISL applications, the Office shall approve or deny a 110(1), 110(2), or 110d Limited Impact application within thirty (30) days of the date the application is considered filed. Applications for 110 ISL mining operations shall be approved or denied within two hundred and forty (240) days from the date the application is considered filed. The date set for consideration by the Office for any 110 application may be extended pursuant to provisions of Rule 1.8 (unless the submitted materials satisfy Rule 1.8.1) or of Rules 1.4.1, or (13). Except as to 110 ISL applications, 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. For 110 ISL applications, the time for consideration shall not be extended beyond one hundred and twenty (120) days unless requested by the Applicant.

(2) In the event that an objection to a 110(1), 110(2), or 110d 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 . As to 110 ISL applications, if an objection is filed, the Office shall set the matter for hearing before the Board, in which case the Office shall make a recommended decision on the application.

(3) Unless exempted from designated mining operation status, an application for an in situ leach mining operation must be filed under Rule 1.4.8 . If an exemption has been granted, the 110 ISL application shall comply with 112 permit application and procedures and comply with in situ leach mining requirements including filing the exhibits required under Rules 6.22, 6.23, 6.24 and 6.25 . In addition, the two hundred and forty (240) days for a decision on an in situ leach mining application shall apply.

1.4.7Reserved

1.4.8Office Consideration - 112, 112 ISL or 112d Reclamation Permit Application with No Objections

(1) When a 112, 112 ISL or 112d 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 34-32-115 C.R.S., no more than ninety (90) days after a 112 or a non in situ leach 112d application is filed with the Office or two hundred and forty (240) days after an in situ leach 112d or a 112 ISL application is filed. 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, 112 ISL or 112d Reclamation Permit Application to which an Objection Has Been Received

(1)

(a) If a timely and sufficient objection or petition for a hearing on a 112 or a non in situ leach 112d 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.

(b) If a timely and sufficient objection or petition for a hearing on a 112 ISL or a 112d in situ leach mining operation 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 this Rule. Such date shall be no more than one hundred and eighty (180) days after the application is filed with the Office. However, if the Office determines an extension is necessary for its consideration, the Office may extend such date by thirty (30) days for a maximum time for consideration of two hundred and ten (210) days. In addition, the date for consideration may be extended pursuant to Rules 1.4.1, or Rule 1.8 . Instead of a decision, the Office may 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 the 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 non in situ leach mining 112 or non in situ leach mining 112d 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), (13), or 1.8, or Section 34-32-115(2), C.R.S. Where any in situ leach mining Reclamation Permit Application (110,110 ISL, 112, or 112 ISL) is set for hearing, the Board shall make a final decision on the application within two hundred and forty (240) days after the date the application was filed, unless the date set for consideration has been extended pursuant to Rules 1.4.1 (9) or (13), 1.8, or Section 34-32-115(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.

1.4.10Office and Board Consideration of Applications for Reclamation Permits for any In Situ Leach Mining Operations Regardless of Designated Mining Operation Status.

(1) The Board or Office may deny a permit application for any in situ leach mining operation (112d which includes 110d, 112 ISL or 110 ISL) regardless of the proposed operation's status as a designated mining operation:

(a) based on scientific or technical uncertainty about the feasibility of reclamation;

(b) if the existing or reasonably foreseeable potential future uses for potentially affected groundwater, whether classified or unclassified pursuant to Section 25-8-203, C.R.S., includes domestic or agricultural uses, and the Board or Office determines the in situ leach mining will adversely affect the suitability of the groundwater for such uses;

(c) if the applicant or an affiliate, officer or director of the applicant, the operator or the claim holder has demonstrated a pattern of willful violations of environmental protection requirements of this article, rules promulgated pursuant to this article, a permit issued pursuant to the article, or an analogous law, rule, or permit issued by another state or the United States as disclosed in the application; or

(d) if the applicant or any affiliate, officer or director of the applicant has in the ten (10) years prior to the submission of the application violated the environmental protection requirements of this article, rules promulgated pursuant to this article, a permit issued pursuant to the article, or an analogous law, rule, or permit issued by another state or the United States as disclosed in the application; however,

(i) the Board or Office may issue the permit if the applicant submits proof any said violation has been corrected; or

(ii) the Board or Office may conditionally issue the permit if the violation is in the process of being corrected to the satisfaction of the Board or Office or if the applicant has filed or is presently pursuing a direct administrative or judicial appeal to contest the validity of the alleged violation. An appeal of an applicant's relationship to an affiliate shall not qualify as an appeal to contest the alleged violation. Further, if the violation is not successfully abated or if the violation is upheld on appeal, the Board or Office shall revoke the conditionally issued permit.

(2) The Board or Office shall deny a permit application for an in situ leach mining operation:

(a) if the applicant fails to demonstrate that reclamation can and will be accomplished in compliance with article 32 of title 34, C.R.S., including the protection of groundwater and other environmental resources and human health; or

(b) if the applicant fails to demonstrate by substantial evidence that it will reclaim all affected groundwater for all water quality parameters that are specifically identified in the baseline site characterization required in Rule 1.4.4, or in the statewide radioactive materials standards or tables 1 through 4 of the Basic Standards for Groundwater as established by the Colorado Water Quality Control Commission, to either of the following:

(i) pre-mining baseline water quality or better, as established by the baseline site characterization required by Rule 1.4.4; or

(ii) that quality which meets the statewide radioactive materials standards and the most stringent criteria set forth in tables 1 through 4 of the basic standards for groundwater as established by the Colorado Water Quality Control Commission.

1.4.11Administrative Appeal - of an Office Decision

(1) Any person who demonstrates 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 or a cost estimate determination for oil shale or in situ leach mining applications under the provisions of Rule 1.4.11, and whose interest is 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 24-4-104(9)

(b) thirty (30) days 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) A permit applicant for an oil shale or any in situ leach mining operation may appeal to the Board the Office's cost estimate to review such an application done pursuant to Rule 1.5.2 by filing a petition for a hearing before the Board within ten (10) days from the date the Office mailed the cost estimate to the applicant. The petition for hearing shall set forth the list of issues the applicant believes should be considered by the Board and the specific factual and legal basis for the appeal. The petition for a hearing shall specify the application or file number assigned by the Office. The hearing shall not be held any sooner than twenty (20) days after notice is given to the permit applicant. The Office and applicant may consult on the cost estimate issue between the time the Office mails the notice to the applicant and the time in which the applicant must file an appeal with the Board.

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

(5) 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 112 and 112d (including in situ leach mining reclamation permits,) 112 ISL or 110 ISL Reclamation Permit Application Denial

If the Office issues a decision to deny an application for a 112, 112d (including in situ leach mining), 112 ISL or 110 ISL 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 34-32-115(2), C.R.S., and Rules 1.4.8, 1.4.9, or 1.4.9 (3) 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, 1.4.8, and 1.4.9, 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.

1.5FEES

1.5.1General Provisions - Application Fees

On and after July 1, 1994, a fee shall be paid by the Applicant of a permit for a designated mining operation at the time an Environmental Protection Plan is submitted for review and approval to the Office.

The fee shall be applied to both existing and new Designated Mining Operations and shall reimburse the Office for the estimated cost to the Office for processing certification and administrative review of such permit applications. The fees shall be as follows, based upon the level of effort: for Environmental Protection Plans filed before July 1, 2007, not less than eight hundred and seventy-five dollars ($875) and not more than nine thousand dollars ($9,000) pursuant to Section 34-32-127(2)(a)(I)(M), C.R.S. For Environmental Protection Plans filed on or after July 1, 2007, the fee shall not be less than one thousand dollars ($1,000) and not more than ten thousand three hundred and fifty dollars ($10,350).

1.5.2Fees for In Situ Leach Mining Operations and Oil Shale Mining Operations

(1) For applications for in situ leach mining operations or oil shale mining operations the fees shall be as follows except as provided in Rule1.5.2 (2):

(a) for applications for new permit operations- the fee shall be that listed in Rule 1.5.5(8);

(b) for applications for an amendment to a permit shall be that listed in Rule 1.5.6(4);

(c) for applications for revisions to permits other than amendments, the fee shall be that listed in Rule 1.5.7(4).

(2)

(a) If the costs to review applications for new permit operations, amendments to permits or revisions for permits exceed twice the fee for such application, the applicant shall pay the additional costs. The costs shall include those of the Office, another division of the department involved in the review, and any consultant or other nongovernmental agents that have specific expertise on the issue in question. The Office shall inform the applicant that the cost of review may exceed twice the amount of the listed fee and shall provide the applicant with an estimate of the actual costs within ten (10) days after the Office's receipt of the application. The applicant may appeal the estimate to the Board pursuant to Rule 1.4.11 . In addition, the Office and applicant may consult on the cost estimate issue between the time the Office mails the notice to the applicant and the time in which the applicant must file an appeal with the Board.

(b) Any consultant or other non-governmental agent the Office uses pursuant to Rule 1.5.2 Shall not have any financial or business interest in the permit application, any current or previous direct involvement in the proposed mining operation, or have worked for the applicant or any objecting party as an employee or independent contractor on any major project for at least one (1) year prior to the filing of the application. In addition, the consultant or agent must avoid future conflicts with the Office including not working for any party to the permit application proceedings for at least one (1) year after the consultant or agent completes the work for the Office. Notwithstanding the above, the Office may use a consultant or agent if all parties to a permit application waive any conflict of interest.

1.5.3Fees for Existing Operations - Technical Revisions

(1) Designated Mining Operations which qualify for permits under Section 34-32-110, C.R.S. 1984, as amended, which shall be referred to as "110d" permits- $1,006;

(2) Designated Mining Operations which qualify for permits under Section 34-32-112, C.R.S. 1984, as amended, but which affect less than fifty (50) acres and extract less than one (1) million tons per year, which shall be referred to as "112d-1" permits- $1,006;

(3) Designated Mining Operations which qualify for permits under Section 34-32-112, C.R.S. 1984, as amended, which do not qualify as 112d-1 permits, but which affect less than one hundred (100) acres and extract less than five (5) million tons per year, which shall be referred to as "112d-2" permits- $1,006; and

(4) any other Designated Mining Operation which shall be referred to as "112d-3" permits- $1,006.

1.5.4Fees for Existing Operations- Permit Amendments

(1) Designated Mining Operations which qualify for permits under Section 34-32-110, C.R.S. 1984, as amended, which shall be referred to as "110d" permits- $1,750;

(4) any other Designated Mining Operation which shall be referred to as "112d-3" permits- $7,475.

1.5.5Fees for New Operations

For purposes of these Rules, "new operations" are defined as operations that submit(ted) applications for permits after July 1, 1994.

(1) Designated Mining Operations which qualify for permits under Section 34-32-110, C.R.S. 1984, as amended, which shall be referred to as "110d" permits- $2,875;

(3) Designated Mining Operations which qualify for permits under Section 34-32-112, C.R.S. 1984 as amended, which do not qualify as 112d-1 permits, but which affect less than one hundred (100) acres and extract less than five (5) million tons per year, which shall be referred to as "112d-2" permits- $6,900; and

(4) any other Designated Mining Operation which shall be referred to as "112d-3" permits- $9,200.

1.5.6Fees for New Operations - Technical Revisions

(1) Designated Mining Operations which qualify for permits under Section 34-32-110, C.R.S. 1984, as amended, which shall be referred to as "110d" permits- $1,006;

(4) any other Designated Mining Operation which shall be referred to as "112d-3" permits- $1,006.

1.5.7Fees for New Operations - Permit Amendments

(1) Designated Mining Operations which qualify for permits under Section 34-32-110, C.R.S. 1984, as amended, which shall be referred to as "110d" permits- $2,300;

(4) any other Designated Mining Operation which shall be referred to as "112d-3" permits- $8,050.

(5) Fees for all other applications for new Permits or Modifications to existing Permits are as specified in Section 34-32-127, C.R.S. 1984, as amended.

1.5.8Annual Fees

Each year, on the anniversary date of the permit, the Permittee shall submit the appropriate annual fee specified in Section 34-32-127(2)(a), C.R.S.

1.6PUBLIC NOTICE PROCEDURES

1.6.1Office/Board Procedures - Permit Application Decision Dates

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

(a) 110 and Non-in situ leach mining 110d Limited Impact Operations;

(b) 112 and 112d Reclamation Operations;

(c) 110 ISL and 112 ISL Mining operations.

(2) The Office shall give notice, as required by 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 by electronic submittal on the Office website as designated and approved by the Office, and posting as prescribed in Rule 2.2.1(a)(iii).

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

(a) the Applicant;

(b) all persons that 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 and / or electronic 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, the Office Website, 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, e- receipt, 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 110, 112, 112d, 110 ISL or 112 ISL 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 or on the Office Website and should submit comments prior to the end of the public comment period to the Colorado Mined Land Reclamation Office, at the address given on the cover of these Rules and Regulations or by electronic submittal as designated and approved by the Office. For any class of 110 or 110d Limited Impact operation other than a 110 ISL operation the Applicant need only post notice (sign) at the location of the proposed access to the site. After having posted such notice (sign), failure by an Applicant to maintain such notice 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 and non-in situ leach mining 110d Limited Impact Operations and Rule 6.4.18 for 112, 112d, 110 ISL or 112 ISL Reclamation Operations.

(d) 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, including the Office Website; and

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

(e) The Applicant shall mail or personally serve a copy of the notice provided for 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;

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

(iii) if the proposed operation is any in situ leach mining operation, the Owners of Record of all land surface within three (3) miles of the boundary of the affected land.

(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.

(g) 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, or 1.4.5. Prior to Office consideration of the application, proof of notice provided for in Rule 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). The copy of the permit application, adequacy responses of the applicant, application revisions, and any permit amendment applications on file with the Office Website constitute the official public file and shall remain accessible to the public.

1.6.3Specific Provisions - 110 and Non-In Situ Leach Mining 110d Limited Impact Permit Applications and Conversions of Two Acre Limited Impact Permits

(1) The following Notice Rules and the notice requirements of Rule 1.6.2 also apply to applications for:

(a) new 110 and Non-In Situ Leach Mining 110d Limited Impact Permit Applications; or

(b) conversions of Two Acre Limited Impact Permits to 110 and Non-In Situ Leach Mining 110d 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.

(4) This Rule is not applicable to permit applications under Section 34-32-110 that are for in situ leach mining operations. Applications for in situ leach mining operations shall follow the notice requirements for 112d-3 permit applications in Rule 1.6.5 . If such application is granted an exemption from designated mining operation status, the applicant must still comply with all in situ leach mining application requirements and shall follow the procedures for 112 permits.

1.6.4Reserved

1.6.5Specific Provisions - 112, 112d, 110 ISL and 112 ISL Reclamation Permit Applications

(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 certified or notarized statement from the paper. An application may not be approved until such proof has been obtained.

1.6.6Conditions 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, 112d, 110 ISL or 112 ISL 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, e-mail, 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) Except for 110 in situ leach mining permit applications, which must follow the application process for 112d permit applications or if exempt from designated mining operation status, 112 permit applications, written comments, protests or petitions for a hearing as to a 110 or non-in situ leach mining 110d Limited Impact Permit application 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, e-mail, 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 who demonstrates that they are directly and adversely affected or aggrieved by the Office's decision to grant or deny the 110 or non-in situ leach mining 110d 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 and Non In Situ Leach Mining 110d Limited Impact Designated Mining Operations Applications

(1) Except for 110 in situ leach mining operation permit applications, which shall follow the procedures for 112d permit applications or if exempt from designated mining operation status, the procedures for 112 permit applications, comments shall be submitted in accordance with Rule 1.7.1.

(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.

1.7.3Reserved

1.7.4Specific Provisions - 112, 112d, 110 ISL and 112 ISL 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 and 110d Limited Impact or 112 and 112d or 110 ISL and 112 ISL 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. The provisions of Rules 1.8.2 shall apply to technical revisions for 110 and non-in situ leach mining 110d Limited Impact, and the provisions of Rule 1.8.4 shall apply to technical revisions for all in situ leach mining applications (regardless of designated mining operation status), 112 and 112d Reclamation Permit applications.

(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 Applicant 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 or Non In Situ Leach Mining 110d Limited Impact Permit Applications

The Office shall set a new date for the consideration of a technical revision to an application for a 110 or non-in situ leach mining 110d 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. This Rule 1.8.2 does not apply to technical revisions for in situ leach mining permit applications. Technical revisions to in situ leach mining permit applications must follow the procedural requirements for 112d permit applications or if exempt from designated mining operation status, 112 permit applications.

1.8.3Reserved

1.8.4Technical Revisions to 112, 112d, 110 ISL or 112 ISL 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, 112d, 110 ISL or 112 ISL Reclamation Permit for which it has received written objections, any earlier than twenty (20) days after the date of filing of a technical revision to the application, unless the Applicant, the Office 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 by electronic submittal as designated and approved by 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 Operator in writing within ten (10) days after the decision deadline. The Operator 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) Where applicable, there shall be filed with any application for a 112, 112d, 110 ISL or 112 ISL 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 or non-in situ leach mining operation 110d 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 34-32-127, C.R.S. 1984, as amended. Amendment applications for any in situ leach mining operations shall be accompanied by the basic fee for a 112d amendment application or a 112 amendment application if the operation has been exempted from designated mining operation status.

(4) Applications for amendment 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.

1.11CONVERSIONS

1.11.1Purposes and Types

(1) A conversion is an application to change an existing permit to another type of permit based on an increase in acreage of the mining operation. Operators requesting conversion of a permit, regardless of designated mining operation or in situ leach status, must file a new permit application pursuant to either Section 34-32-110 C.R.S. and Rule 1.4.2 or Section 34-32-112 C.R.S. and Rules 1.4.4 and 1.4.5.

(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. 1984. 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 a declaratory order by the Board.

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 warranty and permit processing requirements shall apply as though the Conversion application were a new permit application. A fee, as specified in Section 34-32-127(2)(a) C.R.S. shall be submitted at the time of the application submittal. Pursuant to Section 34-32-110(7)(a) C.R.S. and Rule 1.11.1, all conversion requests must include the filing of a new Section 110 or Section 112 permit application. In the case of converting from a 110 ISL operation to a 112 ISL operation, the Applicant/Operator must file a new baseline and site characterization and monitoring plan pursuant to the process set forth in Section 34-32-112.5 C.R.S. and Rule 1.4.3 . If the Applicant/Operator believes that baseline site characterization information obtained for the original 110 ISL application is relevant to the permit conversion application, that information may, in the discretion of the Office, be incorporated into the conversion application pursuant to Rule 1.11.2 (3).

(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 Operator 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.

(3) When an Operator is requesting a change in the status of a permit from a Designated Mining Operation to a Non-designated Mining Operation conversion provisions do not apply; the operator must comply with the exemption from designation requirements and procedures set forth in Rule 7.2.6.

1.11.3Repealed

1.12PERMIT TRANSFERS AND SUCCESSION OF OPERATORS

1.12.1Approval 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 Mineral Permit and Succession of Operators" forms provided by the Board. To be considered filed, each request must include an executed Performance Warranty, State approved W-9, and applicable replacement Financial Warranty, as well as any updated legal right of entry, damage waiver agreements, or a geotechnical report demonstrating approved safety factors to protect off-site structures within 200 feet of the affected lands. In addition, each request for transfer of mineral permit and succession of operators for any in situ leach mining operation must include exhibit Y as required by Rule 6.4.25.

(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 provided by and approved by the Board, and include the fee specified, in Section 34-32-127(2), C.R.S., and the properly executed financial and performance warranties, and damage waiver agreements or geotechnical stability reports, where 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; except that for any in situ leach mining operation, the Office or the Board may deny a permit transfer if:

(a) the successor operator or any affiliate, officer or director of the successor operator has demonstrated a pattern of willful violations of the environmental protection requirements of C.R.S. title 34 article 32, rules promulgated pursuant to this article, a permit issued pursuant to the article, or an analogous law, rule, or permit issued by another state or the United States;

(b) the successor operator or any affiliate, officer or director of the successor operator has in the ten (10) years prior to the submission of the request violated the environmental protection requirements of this article, rules promulgated pursuant to this article, a permit issued pursuant to the article, or an analogous law, rule, or permit issued by another state or the United States as disclosed in the application; however,

(i) the Board or Office may approve of the request if the successor operator submits proof any said violation has been corrected; or

(ii) the Board or Office may conditionally grant the request if the violation is in the process of being corrected to the satisfaction of the Board or Office or if the successor operator has filed or is presently pursuing a direct administrative or judicial appeal to contest the validity of the alleged violation. An appeal of a successor operator's relationship to an affiliate shall not qualify as an appeal to contest the alleged violation. Further, if the violation is not successfully abated or if the violation is upheld on appeal, the Board or Office shall revoke the conditionally issued transferred 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)Non-ISL appeal: In the event the Office decides to deny a succession of Operator application in a non-in situ leach mining operation, the Office will notify the Applicant in writing within ten (10) days of the decision deadline. The applicant may appeal the Office's decision to the Board for a final determination according to the provisions of Rule 1.4.11.

(2)ISL appeal: As to an in situ leach mining operation the applicant/operator or any person who demonstrates that they are directly and adversely affected or aggrieved and whose interest is entitled to legal protection under the Act may appeal to the Board the Office's decision regarding a transfer of operations according to the provisions of Rule 1.4.11.

1.13CESSATION OF OPERATIONS- TEMPORARY FOR ALL MINING OPERATIONS OR PERMANENT FOR IN SITU LEACH MINING OPERATIONS

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 minerals and/or the mining operation and complies with the provisions of the Act; and

(b) mineral reserves are shown by the Operator to remain in the mining operation and the Operator shows a reasonable plan to resume the mining operation or commence final reclamation.

(c) The mining operation is maintained in compliance with the requirements set forth in Rule 1.13.5(2)(d).

(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 and activity. In considering whether or not an operation is in production, the Board may take into consideration, among other factors, orderly mining operations or activities that further advance the mining operation commensurate with the scale of the operation, or other relevant facts. 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 as may be determined through annual reports, inspections and / or operator submissions;

(2) Activity at the site is limited to general maintenance, housekeeping or similar related activity;

(3) Activities at the site are not significantly advancing the site towards completion of the mining operation or final reclamation. The Board will consider activities at the site in relation to the scale of the operation, and other relevant facts;

(4) there is no sale or processing of material or movement of stockpiled material off site;

(5) there is only minimal activity given the scale of the mining operation, including limited excavation of mineral or other material, and such activity is not orderly or does not advance the mining operation or final reclamation, as determined by the Office or Board;

(6) mine development has ceased and mining has not recommenced; or

(7) the permit has not exhausted ten (10) consecutive years of non-production.

1.13.3Indications Against Temporary Cessation

(1) Extraction of minerals has been completed, production has ceased and only final reclamation and related activities remain at the site; or

(2) production has ceased for more than 10 consecutive years; or

(3) a permit has been issued, but the mining operation has not commenced on the affected lands.

1.13.4Reserved

1.13.5Notice by Operator for Consideration of Temporary Cessation

(1) If the Operator plans to, or does, temporarily cease production for one hundred and eighty (180) days or more, the Operator must file a Notice of Temporary Cessation electronically on a form approved by the Office. An Operator conducting any in situ leach mining operation, regardless of designated mining operation status, shall file the Notice of Temporary Cessation at least thirty (30) days prior to ceasing operations; such Notice shall set forth the reasons for the temporary cessation and the expected duration of the temporary cessation.

(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; except that in the case of any in situ leach mining operation:

(i) If, in the judgment of the Board, the expected duration of any temporary cessation will be of such length that the Board believes that groundwater reclamation should commence, the Board shall so order.

(b) The second five (5) year period of Temporary Cessation shall begin at the end of the initial period of Temporary Cessation; except that in the case of any in situ leach mining operation:

(2) The Notice of Temporary Cessation for the initial period shall include the following to be considered filed for review by the Office and Board and must include:

(a) the date of cessation of production;

(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 including, but not limited to, any permit requirements or environmental monitoring and water treatment if required, and a schedule for reporting monitoring data;

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

(f) for an in situ leach mining operation, a description of the groundwater monitoring and pumping regime that will be maintained during the period of cessation of operations and a schedule for reporting monitoring data.

(g) Acknowledgement of the five (5) year limit date of the initial period of Temporary Cessation.

(3) The Notice for the second period shall include the following to be considered filed for Board consideration:

(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 including a plan for resumption of mining operations and production;

(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 including, but not limited to, any permit requirements for environmental monitoring and water quality treatment if required, and a schedule for reporting monitoring data;

(e) for an in situ leach mining operation, a description of the groundwater monitoring and pumping regime that will be maintained during the period of cessation of operations and a schedule for reporting monitoring data; and

(f) acknowledgement of the ten (10) consecutive year limit for non-production and temporary cessation of mining activities.

(4) Prior to the Board Hearing to consider the request of a 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 Mineral Rules and Regulations, and any required permit conditions;

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

(c) review environmental protection requirements for compliance as necessary;

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

(5) The Notice of temporary cessation shall be separate from any other correspondence or reports and submitted to the Office electronically on the approved form.

(6) Except as to in situ leach mining operations, 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.

1.13.6Notice of Resumption of Mining Operations

If the Operator plans to resume mining operations and / or production, the Operator must file a Notice of Resumption of Mining operations electronically on a form approved by the Office 30 days prior to reactivation. Such Notice shall set forth the following:

(a) date of resumption of mining operations;

(b) a detailed description of the mining operations that are to resume;

(c) anticipated date of the resumption of production;

(d) the measures to be taken to comply with reclamation requirements and/or other activities related to the performance standards of Rule 3.1 including, but not limited to, any permit requirements for environmental monitoring and water treatment if required;

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

(f) any resumption of mining activities must be legitimate in nature considering the scale of the mining operation and is orderly or advances the mining operation or final reclamation. The Office and / or Board may reject any notice of resumption of mining operations if such activity is reasonably characterized as inconsistent with Rule 1.13.2(6).

1.13.7Board/Office Procedure

(1) Upon receipt of the above submission as outlined in Rule 1.13.5 or 1.13.6, the Office will place the Notice of Temporary Cessation or Notice of Resumption of Mining on the tentative agenda of the next regular Board meeting and give notice to the Operator, the county planning commission, any federal jurisdiction, and any municipalities within two (2) miles of the proposed operation, by mail or electronic notification.

(2) The Board, at said meeting and in consultation with the Operator and any other person who demonstrates that they are directly and adversely affected or aggrieved and whose interest is entitled to legal protection under the Act, 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 or Notice of Resumption of Mining as submitted;

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

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

(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; or

(e) order the Operator of an in situ leach mining operation to begin groundwater reclamation as set forth in Rule 1.13.5.

(3)

(a) Except as to any in situ leach mining operation, when no reclamation or performance standard issues or problems are indicated in the Notice of Temporary Cessation or Notice of Resumption of Mining or by field or file inspection, and no concerns are expressed by interested persons, the Notice for an initial period of Temporary Cessation or any Notice of Resumption of Mining may be moved from the tentative agenda to the consent agenda of the final agenda for Board consideration;

(b) any objections to a Notice of initial period of Temporary Cessation or Resumption of Mining must be received no later than three (3) working days prior to the scheduled Board meeting;

(c) all Notices for a second consecutive period of Temporary Cessation or where timely objections have been received shall be noticed and scheduled for Board consideration at the next regularly scheduled Board meeting following receipt of the Notice and timely objection.

(d) In the case of any in situ leach mining operation seeking temporary cessation, or a second five (5) year period of temporary cessation, the matter will be set for the next regularly scheduled Board meeting that is at least twenty (20) days after the Office receives the notice. At the hearing the Board will determine whether groundwater reclamation should commence pursuant to C.R.S. 34-32-112.5(5)(d)(ii). The Office will participate at the hearing as staff to the Board and may provide a recommendation regarding groundwater reclamation. Any person who demonstrates that they are directly and adversely affected or aggrieved by the Board's determination regarding groundwater reclamation and whose interest is entitled to legal protection under the Act may be a party to the formal hearing.

1.13.8Application Requirements - Substitute for Notice of Temporary Cessation

Where certain mining operations have periods of inactivity exceeding one hundred and eighty (180) days, a permit applicant 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, performance standards and Environmental Protection Plan requirements;

(iii) plans for resumption of mining; and

(iv) any two consecutive annual reports that indicate no mining operations and/or production shall require the mining operation to be placed into Temporary Cessation regardless of the Substitute Notice.

(b) This Rule shall not apply to in situ leach mining operations.

1.13.9Five Year Term of Temporary Cessation

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

(a) the mining operation and production are 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.

(c) the operator is conducting reclamation pursuant to an approved reclamation plan or Board order.

(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 1.13.9 . Regardless of a request by the operator or the Office, a five (5) year period of Temporary Cessation is a factual determination.

(3) Once the maximum limit of ten (10) consecutive years of Temporary Cessation has been reached, final reclamation of the affected lands shall be initiated with all reasonable diligence, as soon as practicable and as conditions allow. Final reclamation shall be completed within five years, unless extended by the Board or Office.

1.13.10Ten Year Limitation for Temporary Cessation

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

1.13.11Permanent Cessation of Mining Operations - In Situ Leach Mining Operations

(1) An Operator conducting any in situ leach mining operation, regardless of designated mining operation status, shall file a notice of permanent cessation at least thirty (30) days prior to ceasing production operations; such Notice shall set forth the reasons for the permanent cessation of production operations.

(2) In the case of an in situ leach mining operation, if it is determined by the Office or the Board, regardless of whether notice has been provided by the Operator, that production operations have permanently ceased the Operator must immediately commence groundwater reclamation in accordance with the approved reclamation plan.

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 1.13.8 for ten (10) or less consecutive years; or

(c) there is no failure to submit the reports required under Rules 1.13.5 and 1.13.8; or

(d) there is no failure to comply with the requirements of Rule 1.13.9.

(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, set forth reclamation timetables and other provisions leading to termination of the permit; or

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

1.15ANNUAL RECLAMATION REPORT INCLUSIONS

(1) The Annual Reclamation 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, and if required, Environmental Protection Plan.

(d) a map showing the extent of current disturbances to affected lands;

(e) changes over the preceding year regarding any disturbances to the prevailing hydrologic balance;

(f) changes over the preceding year regarding any disturbances to the quality and quantity of water in surface and groundwater systems;

(g) reclamation accomplished to date and during preceding year;

(h) new disturbances that are anticipated to occur during the upcoming year; and

(i) anticipated reclamation that will be performed during the upcoming year.

(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 Reclamation Reports.

(3) Reserved

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 or filing an electronic 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 407-1-1

38 CR 05, March 10, 2015, effective 3/30/2015

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

45 CR 12, June 25, 2022, effective 7/15/2022