6.1REQUIREMENTS FOR SPECIFIC OPERATIONS6.1.1General ProvisionsThis Rule provides for the specification of Exhibits required to be submitted along with each type of Permit application.
6.1.2110 or Non-In Situ Leach Mining 110d Limited Impact and 112, 112d, 110 ISL or 112 ISL Reclamation OperationsThese operations shall provide all the Exhibits, as described in Rules 6.3 and 6.4, as applicable to the operation type. However, such operations may also be required to comply with Rules 6.5 (Geotechnical Stability Exhibit) and 7.3 (Environmental Protection Facilities- Design and Construction Requirements) on a case-by-case basis. Where such compliance may be required, such operations shall not be Designated Mining Operations nor be required to submit an Environmental Protection Plan, however, the provisions of Rules 6.5 and 7.3, required to be submitted, shall be incorporated into the operation's Permit as enforceable Permit conditions.
6.1.4Requirements for All Designated Mining Operations and Requirements for All In Situ Leach Mining OperationsIn addition to all other required Exhibits, as described in Rules 6.3 and 6.4, all Designated Mining Operations shall also provide an Exhibit U- Environmental Protection Plan pursuant to Rule 6.4.21 . Exhibit U may be modified as provided in Rule 7.2.5 . Also, in addition to the Exhibits described in Rules 6.3, 6.4 and 6.4.21, all In Situ Leach Mining Operations shall also provide the Exhibits in Rules 6.4 .22, 6.4.23, 6.4.24 and 6.4.25.
6.3SPECIFIC PERMIT APPLICATION EXHIBIT REQUIREMENTS - 110(1), 110(2), AND NON IN SITU LEACH MINING OPERATIONS 110d LIMITED IMPACT OPERATIONS(a) The following exhibits may be required for 110(1) Limited Impact Permits based on consideration of site-specific conditions.(b) The following exhibits shall be required for 110(2) and Non In Situ Leach Mining 110d Limited Impact Operations; 110 in situ leach mining permit applications shall comply with 112d permit applications including complying with the requirements of Rule 6.4. If an in situ leach mining operation has been exempted from designated mining operation status, it still must comply with all exhibits required for in situ leach mining operations.6.3.1 EXHIBIT A - Legal Description and Location Map(1) The legal description must identify the affected land, specify affected areas and be adequate to field locate the property. Description shall be by (A) township, range, and section, to at least the nearest quarter quarter section, and (B), location of the main entrance to the mine site reported as latitude and longitude, or the Universal Transverse Mercator (UTM) Grid as determined from a USGS topographic map. A metes and bounds survey description is acceptable in lieu of township, range, and section. Where available, the street address or lot number(s) shall be given. This information may be available from the County Assessor's office or U.S. Geological Survey (USGS) maps.(2) The main entrance to the mine site shall be located based on a USGS topographic map showing latitude and longitude or Universal Transverse Mercator (UTM). The operator will need to specify coordinates of latitude and longitude in degrees, minutes and seconds or in decimal degrees to an accuracy of at least five (5) decimal places (e.g., latitude 37.12345 N, longitude 104.45678 W). For UTM, the operator will need to specify North American Datum (NAD) 1927, NAD 1983, or WGS 84, and the applicable zone, measured in meters.(3) A map showing information sufficient to determine the location of the affected land on the ground and existing and proposed roads or access routes to be used in connection with the mining operation. Names of all immediately adjacent surface owners of record shall also be shown. A standard U.S. Geological Survey topographic quadrangle or equivalent is acceptable. The location of the proposed operation shall be shown and labeled with the mine site name.6.3.2EXHIBIT B - Site DescriptionItems (a)-(c) below must be addressed to the extent necessary to demonstrate compliance with the applicable performance standard requirements of Rule 3. At a minimum, the Operator/Applicant shall include the following information:
(a) a description of the vegetation and soil characteristics in the area of the proposed operation. The local office of the Natural Resources Conservation Service (NRCS) may provide you with this information as well as recommendations for Exhibit D- Reclamation Plan;(b) identify any permanent man-made structures within two hundred (200) feet of the affected area and the owner of each structure. Each structure should be located on Exhibit E- Map;(c) a description of the water resources in the area of the proposed operation. Identify any streams, springs, lakes, stock water ponds, ditches, reservoirs, and aquifers that would receive drainage directly from the affected area. Provide any information available from publications or monitoring data on flow rates, water table elevations and water quality conditions; and(d) a wildlife statement prepared by Colorado Parks and Wildlife (CPW) is not required for 110 Limited Impact Operations. However, such a statement is required for 110d Limited Impact Operations. The Operator/Applicant may contact the local CPW representative to verify that no critical or important wildlife habitats or wildlife species will be impacted by the proposed operation.6.3.3EXHIBIT C - Mining Plan(1) The purpose of the mining plan is to describe how mining will affect the permit area for the duration of the operation. This plan must be correlated to Exhibit E- Map. The description of the mining plan must be adequate to satisfy the requirements of Rule 3.1 and demonstrate compliance with Rule 3. At a minimum, the Operator/Applicant must include the following information: (a) specify the estimated dates that mining will commence and end. If the operation is intended to be an intermittent operation as defined in C.R.S. 34-32-103(6)(a)(II), the Applicant should include in this exhibit a statement that conforms to the provisions of Section 34-32-103(6)(a)(II), C.R.S.;(b) the estimated depth to which soil, suitable as a plant growth medium, will be salvaged for use in the reclamation process. This description must be consistent with information provided in Exhibit B. Sufficient soil must be salvaged to meet the vegetation establishment criteria of Rule 3.1.10 . If plant growth medium is not reapplied on a graded area immediately after salvage, then the Operator/Applicant must specify how the topsoil will be stockpiled and stabilized with a vegetative cover or other means until used in reclamation. Plant growth medium stockpiles must be located separate from other stockpiles, out of the way of mine traffic and out of stream channels or drainage ways. The location of plant growth medium stockpiles must be shown on Exhibit E- Map;(c) specify the thickness of overburden or quantity of waste rock, if any, to be removed to reach the deposit. The location of any overburden stockpiles or waste rock fills must be shown on Exhibit E- Map;(d) specify the thickness of the deposit to be mined;(e) describe the major components of the mining operation such as: roads and access routes, pit, office, shop/maintenance buildings, plant, processing facilities, and any underground openings such as adits or ventilation facilities. These components must be located on Exhibit E- Map;(f) specify the dimensions of any significant disturbances to the land surface such as pit excavations, mine benches, impoundments, stockpiles, waste rock disposal areas, etc.;(g) specify the dimensions of any existing or proposed roads that will be used for the mining operation. Describe any improvements necessary on existing roads and the specifications to be used in the construction of new roads. New or improved roads must be included as part of the affected lands and permitted acreage. 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. Describe any associated drainage and runoff conveyance structures to include sufficient information to evaluate structure sizing;(h) specify how much water will be used in conjunction with the operation, and the source of this water;(i) if groundwater will be encountered and/or surface water intercepted or disturbed, describe how mining will affect the quantity and quality of the surface or groundwater and the methods to be used to minimize disturbance to the surface and groundwater systems including proposed dewatering, sediment-containment or chemical treatment systems, storm water runoff controls, and groundwater points of compliance;(j) specify how you will comply with applicable Colorado water laws and regulations governing injury to existing water rights;(k) regardless of DMO status, if refuse and acid or toxic producing materials are exposed during mining, describe how they shall be handled and disposed of in a manner that will control unsightliness and protect the drainage system from pollution;(l) describe what measures will be taken to minimize disturbance to the hydrologic balance, prevent off-site damage, and provide for a stable configuration of the reclaimed area consistent with the proposed future land use; and (m) specify whether the deposit/ore will be processed on site. Processing includes crushing, screening, washing, concrete or asphalt mixing, leaching or milling. If the deposit/ore will be processed, then describe the nature of the process, facilities and chemicals utilized. The process area and any structures must be described on Exhibit E- Map.(n) identify the primary, and if applicable, secondary and incidental commodities to be mined/extracted by the proposed operation; and if not to be used as construction material, describe the intended use.(o) Specify if explosives will be used in conjunction with the mining or reclamation operation. In consultation with the Office the Applicant must demonstrate, pursuant to Rule 6.5 under the Geotechnical Stability Exhibit, that off-site areas will not be adversely affected by blasting during mining or reclamation operations.(2) If tailing ponds are part of the milling process, the mine plan description should address the following: (a) Plant Facilities: Describe the chemical types and quantities to be utilized, chemical storage and spill containment and emergency response plans for on-site spills. Plant operation details should include tank capacities and operating solution volumes.(b) Tailings: Describe the geochemical constituents of the tailing or leached ore, the chemistry of any leachate, anticipated impacts to ground or surface waters and design details such as liners, ponds and embankments, diversions or chemical treatment facilities to be used to control these impacts, and ground and surface water monitoring systems, to include proposed groundwater points of compliance.(c) Drainage Control: Describe the measures used to divert upland drainage away from the site both during and after operation. This must include design details demonstrating the capacity of ditches and impoundment structures to contain operating solutions and the volume of water generated by a one hundred (100) year 24-hour rainfall event.(d) Maps and Plans: Design drawings must be prepared by a professional engineer or other qualified person, and at a minimum meet the requirements of Rule 7.3 . In addition, maps and plans should describe specific design details for tailing ponds and embankments, ponds and ditches, ore and tail transport systems, and ground and surface water monitoring systems.6.3.4EXHIBIT D - Reclamation Plan(1) The purpose of the Reclamation Plan is to describe the timing, procedures, criteria and materials that will be used to reclaim the affected land to the proposed future land use. This plan must be correlated to Exhibit E- Map. The description of the Reclamation Plan must be adequate to satisfy the requirements of Rule 3.1 and demonstrate compliance with Rule 3. At a minimum, the Application shall include the following information:(a) specify at what point in the mining plan and to what depth(s) overburden will be replaced in relation to ongoing extraction.(b) specify the maximum gradient of reclaimed slopes (horizontal: vertical). If the Application proposes slopes steeper than 3:1, the Operator/Applicant must include a justification that supports steeper slopes for the proposed post mining land use, and demonstrates compliance with the applicable performance standards of Rule 3.1.(c) specify the measures that will be taken to revegetate the site, if applicable, including: (i) state the thickness of plant growth medium to be replaced. Sample and analyze available soils sufficiently to establish quantity and quality;(ii) state at what point in the mining plan the site will be seeded. Explain how the seedbed will be prepared to eliminate compacted conditions (e.g., plowed, chiseled, disced). State the type, application rate, and soil incorporation methods of fertilizer application, if any. NOTE: Soil amendments shall only be applied where soil tests indicate nutrient deficiencies for the plant species to be established;(iii) state the grass, forb, shrub and tree species to be planted and the applicable quantities. Specify the quantity of each grass and forb species as pounds of pure live seed per acre;(iv) specify the application method for grass and forb seeding. If the seed is to be broadcast, the application rate shall be twice the rate required for seed drilling. If the seedbed has not been adequately roughened prior to seeding, the seed shall be raked or harrowed after broadcast application;(v) if a mulch is needed, specify the kind to be used, the crimping method, and rate of application; and(vi) explain the establishment methods for each species of shrub and/or tree, and state the number of each to be established per acre.(d) Specify which ponds, streams, roads and buildings, if any, will remain after reclamation. These features must be shown on the Exhibit E- Map. If ponds are part of the Reclamation Plan, slopes from five (5) vertical feet above to ten (10) vertical feet below the expected average water level cannot be steeper than 3H:1V; remaining slope lengths may not be steeper than 2H:1V. Where wildlife habitat is the proposed future land use, shorelines should be irregularly shaped to promote a diverse wildlife habitat. Colorado Parks and Wildlife (CPW) must be consulted where wildlife use is the proposed future land use.(e) Specify the reclamation treatment of any waste rock dumps, tailing impoundments, underground mine openings, ditches, sediment control facilities, buildings and other features specified in your mine plan but not previously addressed in the Reclamation Plan narrative. These features must be shown on Exhibit E- Map. This should describe the measures taken to minimize disturbance to the hydrologic balance, prevent off-site damage, and provide for a stable configuration consistent with the proposed future land use.(f) Demonstrate a reasonably foreseeable end date respecting water quality treatment as required in Rule 3.1.6 (1) (f)- (h).(2) All 110 or Non In Situ Leach Mining 110d Limited Impact applications must provide an estimate of the actual costs to reclaim the site based on what it would cost the State of Colorado using an independent contractor to complete reclamation. (Such estimates are not required for activities contemplated by the operator and approved by the Office to be outside the scope of the proposed reclamation plan.) The unit costs should include estimates for the following activities as appropriate to the operation: backfilling, grading, topsoil application, seeding, mulching, fertilization, and labor to complete reclamation. Determine and specify the point during the operation when the site has reached a point of maximum disturbance. The cost to reclaim the site to the specifications of the Reclamation Plan at this point must be estimated. Unit costs (cost per cubic yard), volumes, haul or push distances, and grades must be included when backfilling and grading are part of the Reclamation Plan. Volume and unit costs for finish grading, subsoil and topsoil application must be provided in terms of cost per cubic yard. The estimated cost for fertilizer, seed and mulch acquisition and application must be provided as cost per acre. (a) Equipment costs must include such factors as equipment operator wages and benefits, fuel and lubricant consumption and depreciation. The cost to mobilize and demobilize the equipment from the nearest population center known to have the required equipment availability should be estimated.(b) All items referenced in the Reclamation Plan must be included in the cost calculation. These items in addition to earthwork, such as building demolition, fencing, monitoring well sealing or stream channel reconstruction must also be included in the reclamation cost estimate.(c) After the direct costs noted above have been estimated, the Office may add up to an additional maximum eighteen and one-half percent (18.5%) of that total, which includes private contract, typical overhead costs. This additional cost is required to cover indirect costs that an independent contractor would incur when performing reclamation of the site. Five percent (5%) additional cost shall be added to cover Office administration cost in the event of bond forfeiture and permit revocation.6.3.5EXHIBIT E - Map(1) In addition to the requirements of Rule 6.2.1, the Operator/Applicant must provide a map that clearly describes the features associated with the mining plan and the components of the Reclamation Plan. Include one (1) map for the mine plan and one (1) map for the Reclamation Plan. The map(s) must be drawn to a scale no smaller than appropriate to clearly show all elements that are required to be delineated by the Act and these Rules; show a north arrow, note any section corners adjacent to the proposed operation, and indicate the date illustrated. At a minimum, maps must include the following information:(2)Mining Plan Map(a) outline and label the permit boundaries, described in Exhibit A Legal Description; for all 110 and Non In Situ Leach Mining 110d Limited Impact Operations, the Office considers the area bounded by the permit boundary to be analogous to the affected area;(b) label the names of owner(s) of record of the surface of the affected area and of the land within two hundred (200) feet of the affected area, identify the owner of the substance to be mined, and the type of structure and owners of record of any permanent or man-made structures within two hundred (200) feet of the affected area;(c) outline and label all major surface features to be used in connection with the proposed operation such as: existing and proposed roads, pit boundary, topsoil stockpiles, overburden stockpiles, product stockpiles, waste rock fills, stream channels, buildings, processing plant, underground openings such as adits or ventilation facilities, ponds, impoundments, dewatering pumps, diversions, tail or waste disposal areas;(d) indicate the direction that mineral extraction will proceed;(e) note the location of any significant, valuable, and permanent man-made structures within two hundred (200) feet of the affected area. A narrative description must be provided in Exhibit-B- Site Description; and(f) outline and label existing disturbance within and/or adjacent to the permit boundary (e.g., previously mined areas, roads or excavations resulting from utility construction). Re-disturbance of previously disturbed areas, by the proposed mining operation, must be included in the permit area and addressed in Exhibit-D- Reclamation Plan.(3)Reclamation Plan Map(a) show the gradient of all reclaimed slopes (horizontal: vertical) sufficient to describe the post mine topography;(b) indicate where vegetation will not be established and the general area(s) for shrub or tree planting;(c) if ponds are a part of the Reclamation Plan, outline the final shore configuration of the ponds and shallow areas if the future land use is for wildlife;(d) state the average thickness of replaced overburden by reclamation area or phase; and(e) state the average thickness of replaced topsoil by reclamation area or phase.6.3.6EXHIBIT F - List of Other Permits and Licenses RequiredProvide a statement identifying which of the following permits, licenses and approvals which are held or will be sought in order to conduct the proposed mining and reclamation operations: effluent discharge permits, air quality emissions permits, radioactive source materials licenses, disposal of dredge and fill material (404) permits, permit to construct a dam, well permits, explosives permits, State Historic Preservation Office clearance, highway access permits, U.S. Forest Service permits, Bureau of Land Management permits, county zoning and land use permits, and city zoning and land use permits.
6.3.7EXHIBIT G - Source of Legal Right to EnterProvide documentation of the legal right to enter to conduct mining and reclamation for Owners of Record described in Rule 1.6.2 . This may include a copy of a lease, deed, abstract of title, a current tax receipt, or a signed statement by the Landowner(s) and acknowledged by a Notary Public stating that the Operator/Applicant has legal right to enter to conduct mining and reclamation.
6.3.8EXHIBIT H - Municipalities within a Two Mile RadiusList the mailing address and telephone number of the governing body for all municipalities within a two (2) mile radius of the proposed mining operation.
6.3.9EXHIBIT I - Proof of Filing with County ClerkAn affidavit or receipt indicating the date on which the application was placed with the local County Clerk and Recorder for public review, pursuant to Rule 1.6.2(1)(c).
6.3.10EXHIBIT J - Proof of Mailing of Notices to Board of County Commissioners and Conservation DistrictProof that notice of the permit application was sent to the Board of County Commissioners and, if the mining operation is within the boundaries of a Conservation District, to the Board of Supervisors of the local Conservation District, pursuant to Rule 1.6.2(1)(a)(ii).
6.3.11EXHIBIT K - Reserved6.3.12EXHIBIT L - Permanent Man-Made StructuresWhere the affected lands are within two hundred (200) feet of any significant, valuable and permanent man-made structure, the applicant shall:
(a) provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or(b) where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or(c) where such structure is a utility, the applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility.6.4SPECIFIC EXHIBIT REQUIREMENTS - 112, 112 ISL or 110 ISL RECLAMATION OPERATION AND 112d DESIGNATED MINING OPERATIONSThe following exhibits are required for all applications for any in situ leach mining operation, 112 mining operation and non in situ leach mining 112d designated mining operation. If any in situ leach mining operation is exempted from designated mining operation status, the application must still comply with this Rule:
6.4.1 EXHIBIT A - Legal Description(1) The legal description must identify the affected land, specify affected areas and be adequate to field locate the property. Description shall be by (a), township, range, and section, to at least the nearest quarter-quarter section and (b), location of the main entrance to the site reported as latitude and longitude, or the Universal Transverse Mercator (UTM) Grid as determined from a USGS topographic map. A metes and bounds survey description is acceptable in lieu of township, range, and section. Where available, the street address or lot number(s) shall be given. This information may be available from the County Assessor's office or U.S. Geological Survey (USGS) maps.(2) The main entrance to the mine site shall be located based on a USGS topographic map showing latitude and longitude or Universal Transverse Mercator (UTM). The operator will need to specify coordinates of latitude and longitude in degrees, minutes and seconds or in decimal degrees to an accuracy of at least five (5) decimal places (e.g., latitude 37.12345 N, longitude 104.45678 W). For UTM, the operator will need to specify North American Datum (NAD) 1927, NAD 1983, or WGS 84, and the applicable zone, measured in meters.6.4.2EXHIBIT B - Index MapAn index map showing the regional location of the affected land and all roads and other access to the area. A standard U.S. Geological Survey topographic quadrangle or equivalent is acceptable. Scale criteria need not be followed for this map.
6.4.3EXHIBIT C - Pre-mining and Mining Plan Map(s) of Affected LandsOne or more maps may be necessary to legibly portray the following information:
(a) all immediately adjoining surface owners of record;(b) the name and location of all creeks, roads, buildings, oil and gas wells and lines, and power and communication lines on the area of affected land and within two hundred (200) feet of all boundaries of such area;(c) the existing topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of the affected land;(d) the total area to be involved in the operation, including the area to be mined and the area of affected lands (see definition of "Affected Land");(e) the type of present vegetation covering the affected lands; and(f) in conjunction with Exhibit G- Water Information, Rule 6.4.7, if required by the Office, further water resources information will be presented on a map in this section.(g) Show the owner's name, type of structures, and location of all significant, valuable, and permanent man-made structures contained on the area of affected land and within two hundred (200) feet of the affected land.(h) In conjunction with Exhibit I- Soils Information, Rule 6.4.9, soils information may be presented on a map in this section;(i) Aerial photos, if available, may be included in this section.6.4.4EXHIBIT D - Mining PlanThe mining plan shall supply the following information, correlated with the affected lands, map(s) and timetables:
(a) description of the method(s) of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands;(c) all water diversions and impoundments; and(d) the size of area(s) to be worked at any one time.(e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. An Operator/Applicant shall not be required to meet specific dates for initiation, or completion of mining in a phase as may be identified in the timetable. This does not exempt an Operator/Applicant from complying with the performance standards of Rule 3.1 . If the operation is intended to be an intermittent operation as defined in Section 34-32-103(6)(a)(II), C.R.S., the applicant should include in this exhibit a statement that conforms to the provisions of Section 34-32-103(6)(a)(II), C.R.S. Such timetable should include: (i) an estimate of the periods of time which will be required for the various stages or phases of the operation;(ii) a description of the size and location of each area to be worked during each phase; and(iii) outlining the sequence in which each stage or phase of the operation will be carried out. (Timetables need not be separate and distinct from the mining plan, but may be incorporated therein.)
(f) A map (in Exhibit C- Pre-Mining and Mining Plan Maps(s) of Affected Lands, Rule 6.4.3) may be used along with a narrative to present the following information: (i) nature, depth and thickness of the ore body or deposit to be mined and the thickness and type of overburden to be removed (may be marked "CONFIDENTIAL," pursuant to Rule 1.3(3)); and(ii) nature of the stratum immediately beneath the material to be mined in sedimentary deposits.(g) Identify the primary and secondary commodities to be mined/extracted and describe the intended use; and(h) name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. (i) Specify if explosives will be used in conjunction with the mining (or reclamation). In consultation with the Office, the Applicant must demonstrate, pursuant to Rule 6.5, Geotechnical Stability Exhibit, that off-site areas will not be adversely affected by blasting.(j) Specify the dimensions of any existing or proposed roads that will be used for the mining operation. Describe any improvements necessary on existing roads and the specifications to be used in the construction of new roads. New or improved roads must be included as part of the affected lands and permitted acreage. 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. Describe any associated drainage and runoff conveyance structures to include sufficient information to evaluate structure sizing.6.4.5EXHIBIT E - Reclamation Plan(1) In preparing the Reclamation Plan, the Operator/Applicant should be specific in terms of addressing such items as final grading (including drainage), seeding, fertilizing, revegetation (trees, shrubs, etc.), and top soiling. Operators/Applicants are encouraged to allow flexibility in their plans by committing themselves to ranges of numbers (e.g., 6"-12" of topsoil) rather than specific figures.(2) The Reclamation Plan shall include provisions for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the Operator/Applicant. Reclamation shall be required on all the affected land. The Reclamation Plans shall include:(a) A description of the type(s) of reclamation the Operator/Applicant proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving;(b) A comparison of the proposed post mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. In those instances where the post mining land use is for industrial, residential, or commercial purposes and such use is not reasonably assured, a plan for revegetation shall be submitted. Appropriate evidence supporting such reasonable assurance shall be submitted;(c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Rule 3.1;(d) Where applicable, plans for topsoil segregation, preservation, and replacement; for stabilization, compaction, and grading of spoil; and for revegetation. The revegetation plan shall contain a list of the preferred species of grass, legumes, forbs, shrubs or trees to be planted, the method and rates of seeding and planting, the estimated availability of viable seeds in sufficient quantities of the species proposed to be used, and the proposed time of seeding and planting;(e) A plan or schedule indicating how and when reclamation will be implemented. Such plan or schedule shall not be tied to any specific date but shall be tied to implementation or completion of different stages of the mining operation as described in Rule 6.4.4 . The plan or schedule shall include:(i) an estimate of the periods of time which will be required for the various stages or phases of reclamation;(ii) A description of the size and location of each area to be reclaimed during each phase; and(iii) An outline of the sequence in which each stage or phase of reclamation will be carried out.(iv) Demonstrate a reasonably foreseeable end date respecting water quality treatment as required in Rule 3.1.6 (1) (g)-(h). (The schedule need not be separate and distinct from the Reclamation Plan, but may be incorporated therein.)
(f) A description of each of the following:(i) Final grading - specify maximum anticipated slope gradient or expected ranges thereof;(ii) Seeding - specify types, mixtures, quantities, and expected time(s) of seeding and planting;(iii) Fertilization - if applicable, specify types, mixtures, quantities and time of application;(iv) Revegetation - specify types of trees, shrubs, etc., quantities, size and location; and(v) Topsoiling - specify anticipated minimum depth or range of depths for those areas where topsoil will be replaced.6.4.6EXHIBIT F - Reclamation Plan MapThe map(s) of the proposed affected land, by all phases of the total scope of the mining operation, shall indicate the following:
(a) The expected physical appearance of the area of the affected land, correlated to the proposed mining and reclamation timetables. The map must show proposed topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of all reclaimed lands; and(b) Portrayal of the proposed final land use for each portion of the affected lands.6.4.7EXHIBIT G - Water Information(1) If the operation is not expected to directly affect surface or groundwater systems, a statement and sufficient demonstration of that expectation shall be submitted.(2) If the operation is expected to directly affect surface or groundwater systems, the Operator/Applicant shall:(a) Locate on the map (in Exhibit C) tributary water courses, wells, springs, stock water ponds, reservoirs, and ditches on the affected land and on adjacent lands where such structures may be affected by the proposed mining operations;(b) Demonstrate a reasonably foreseeable end date respecting water quality treatment as required in Rule 3.1.6 (1) (f)- (h).(c) Identify all known aquifers; and(d) Submit a plan showing how water from dewatering operations or from runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater (and, where applicable, control pollution in a manner that is consistent with water quality discharge permits), both during and after the operation.(3) The Operator/Applicant shall provide an estimate of the project water requirements including flow rates and annual volumes for the development, mining and reclamation phases of the project.(4) The Operator/Applicant shall indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation.(5) The Operator/Applicant shall affirmatively state that the Operator/Applicant has acquired (or has applied for) a National Pollutant Discharge Elimination System (NPDES) permit from the Water Quality Control Division at the Colorado Department of Health and Environment, if necessary.6.4.8EXHIBIT H - Wildlife Information(1) In developing the wildlife information, the Operator/Applicant may wish to contact the local wildlife conservation officer. The Operator/Applicant shall include in this Exhibit, a description of the game and non-game resources on and in the vicinity of the application area, including: (a) a description of the significant wildlife resources on the affected land;(b) seasonal use of the area;(c) the presence and estimated population of threatened or endangered species from either federal or state lists; and(d) a description of the general effect during and after the proposed operation on the existing wildlife of the area, including but not limited to temporary and permanent loss of food and habitat, interference with migratory routes, and the general effect on the wildlife from increased human activity, including noise.(2) All new Applicants for designated mining operations shall contact Colorado Parks and Wildlife (CPW) for their recommendations. CPW's recommendations shall be included into the application submitted to the Office for review. If the protection of wildlife is determined to be necessary by the Board for 112d Reclamation Permit Operations, or by the Office for 110d Limited Impact Permit operations, the Board or Office may incorporate such wildlife protection recommendations into the new permit as a condition for such permit.6.4.9EXHIBIT I - Soils Information(1) In consultation with the Natural Resources Conservation Service (NRCS) or other qualified person, the Operator/Applicant shall indicate on a map (in Exhibit C) or by a statement, the general type, thickness and distribution of soil over the affected land. Such description will address suitability of topsoil (or other material) for establishment and maintenance of plant growth. If necessary, at its discretion, the Board may require additional information on soils or other growth media to be stockpiled and used in revegetation.6.4.10EXHIBIT J - Vegetation Information(1) The Operator/Applicant shall include in this Exhibit a narrative of the following items: (a) descriptions of present vegetation types, which include quantitative estimates of cover and height for the principal species in each life-form represented (i.e., trees, tall shrubs, low shrubs, grasses, forbs);(b) the relationship of present vegetation types to soil types, or alternatively, the information may be presented on a map; and(c) estimates of average annual production for hay meadows and croplands, and carrying capacity for range lands on or in the vicinity of the affected land, if the choice of reclamation is for range or agriculture.(2) The Operator/Applicant shall show the relation of the types of vegetation to existing topography on a map in Exhibit C. In providing such information, the Operator/Applicant may want to contact the local Conservation District.6.4.11EXHIBIT K - ClimateProvide a description of the significant climatological factors for the locality, and where determined appropriate by the Office on a case-by-case basis provide the required information of Rule 6.4.21(13).
6.4.12EXHIBIT L - Reclamation Costs(1) All information necessary to calculate the costs of reclamation must be submitted and broken down into the various major phases of reclamation. The information provided by the Operator/Applicant must be sufficient to calculate the cost of reclamation that would be incurred by the state.(2) The Office may request the Operator/Applicant to provide additional, reasonable data to substantiate said Operator/Applicant's estimate of the cost of reclamation for all Affected Lands.6.4.13EXHIBIT M - Other Permits and LicensesA statement identifying which of the following permits, licenses and approvals the Operator/Applicant holds or will be seeking in order to conduct the proposed mining and reclamation operations: effluent discharge permits, air quality emissions permits, radioactive source material licenses, the State Historic Preservation Office clearance, disposal of dredge and fill material (404) permits, permit to construct a dam, well permits, explosives permits, highway access permits, U.S. Forest Service permits, Bureau of Land Management permits, county zoning and land use permits, and city zoning and land use permits.
6.4.14EXHIBIT N - Source of Legal Right to EnterProvide documentation of the legal right to enter to conduct mining and reclamation, for Owners of Record described in Rule 1.6.2 . This may include a copy of a lease, deed, abstract of title, a current tax receipt, or a signed statement by the Landowner(s) and acknowledged by a Notary Public stating that the Operator/Applicant has legal right to enter to conduct mining and reclamation.
6.4.15EXHIBIT O - Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be MinedThe complete list of all owners can be submitted as a list or on a map in Exhibit C.
6.4.16EXHIBIT P - Municipalities within Two MilesA list of any municipality(s) within two (2) miles of the proposed mining operation and address of the general office of each municipality.
6.4.17EXHIBIT Q - Proof of Mailing of Notices to Board of County Commissioners and Conservation DistrictProof that notice of the permit application was sent to the 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, pursuant to Rule 1.6.2(1)(a)(ii).
6.4.18EXHIBIT R- Proof of Filing with County Clerk and RecorderAn affidavit or receipt indicating the date on which the application was placed with the local County Clerk and Recorder for public review, pursuant to Rule 1.6.2(1)(c).
6.4.19EXHIBIT S - Permanent Man-made StructuresWhere the affected lands are within two hundred (200) feet of any significant, valuable and permanent man-made structure, the applicant shall:
(a) provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or(b) where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or(c) where such structure is a utility, the applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility.6.4.21EXHIBIT U - Designated Mining Operation Environmental Protection Plan(1) The Environmental Protection Plan shall describe how the Operator/Applicant will assure compliance with the provisions of the Act and Rules in order to protect all areas that have the potential to be affected by designated chemicals, toxic or acid-forming materials or acid mine drainage, or that will be or have the potential to be affected by uranium mining. In addition, the plan shall include an Emergency Response Plan that complies with Sections 34-32-103 (4.9) and 34-32-116.5(5), C.R.S. 1984, as amended, and Rule 8.3, for designated chemicals used on site, and appropriate measures recommended by Colorado Parks and Wildlife (CPW)for the protection of wildlife from damage from designated chemicals, toxic or acid-forming materials and acid mine drainage. (a) An Environmental Protection Plan is not required to address proposed or permitted activities that do not involve, affect, or influence the storage, handling, or disposal of the designated chemicals and that do not disturb toxic or acid-forming materials, and that do not cause, or have the potential to cause, generation of acid mine drainage unless such proposed or permitted activities involve uranium mining in which case an Environmental Protection Plan shall be required.(b) In order to protect the public and the environment from the adverse effects of uranium mining, designated chemicals, acid or toxic producing materials or acid mine drainage, the Board may consider whether there is a potential for adverse impacts.(c) Such a determination will evaluate, specifically, the potential for adverse impacts from any: (i) leach facilities, or heap leach pad;(ii) tailings storage or disposal areas;(v) stock piles, temporary or permanent;(vi) land application sites;(vii) milling or metallurgical processing; or(ix)) in situ leach operations or conventional uranium operations.(d) The Board shall consider economic reasonableness and technical feasibility when determining whether the proposed location adequately assures compliance with performance standards of the Act, or may require that an alternate location be evaluated.(e) The Board shall also consider current or pre-existing conditions and the degree to which the proposed plan would provide for net improvements in the protection of human health, property or the environment.(2) Maps - An Environmental Protection Plan shall identify on map(s), sketch(es), plan(s) or other equivalent representations, the locations where designated chemicals, toxic or acid-forming materials, which will be used, stored, handled, exposed, disturbed or disposed of within the permit area, and existing or potential sources of acid mine drainage. The Environmental Protection Plan shall also identify on maps, sketches, plans or other equivalent representations, the location of affected lands, surface water, and groundwater which will be or has the reasonable potential to be affected by uranium mining operations. The locations shall be shown in accurate relationship to topography and other project facilities within the permit areas. The Operator/Applicant may submit this information as a map accompanying this Exhibit or include the information on the maps required as Exhibit C in this Rule, 6.4.3.(3) Identification of other agencies' environmental protection measures and monitoring- identify which environmental protection measures and monitoring are required by statute, regulation or permit by other agencies or jurisdictions.(4) Other Permits and Licenses - The Environmental Protection Plan shall:(a) list any air, water quality, solid and hazardous waste, and other federal, state permits or local licenses, or other formal authorizations which the Operator/Applicant holds or will be seeking applicable to the use, handling, storage, or disposal of designated chemicals and acid mine drainage-forming materials within the permit area.(b) Where such permits have been obtained, the Environmental Protection Plan shall identify where copies of such authorization(s) may be obtained, and shall provide any information contained in, or a portion of, or a complete copy of the permit(s), if required by the Office or Board.(c) When such permits, for uranium mining, or for the use, handling, storage or disposal of designated chemicals or acid mine drainage-forming materials within the permit area, are obtained after the submission of the Environmental Protection Plan, the Operator/Applicant will provide the Office the same information within thirty (30) days of receipt.(d) The Board reserves the right to deny an application for a Permit or Modification to an existing Permit where there is substantial evidence that the operation is or may be contrary to the laws or regulations of this state, or the United States, including but not limited to all federal, state, and local permits, licenses and approvals. The Board may continue the consideration of the application, or condition approval, pending final resolution of the matter. In addition, as to any in situ leach mining applications, the Board may or shall, whichever is applicable, deny any such permit application in accordance with the provisions of Rule 1.4.10.(5) Designated Chemical(s) Evaluation- an Environmental Protection Plan shall contain a presentation and discussion of the types, quantities, and concentrations of designated chemicals within the permit area, and to the degree such chemicals are present or used within the permit area, shall characterize the designated chemicals as to: (a) their known potential to affect human health, property or the environment; and(b) based on the best information available at the time of submittal of the Environmental Protection Plan, specify the expected concentrations, process solution volumes and fate of designated chemicals to be used in existing and proposed extractive metallurgical processes at the mine, and/or mill site, if applicable.(c) Provide, to the extent reasonably available, material safety data sheets for designated chemicals.(6) Designated Chemical(s) and Material(s) Handling -(a) Fully describe the procedures for the disposal, decommissioning, detoxification or stabilization for all designated chemicals and toxic or acid-forming materials. Specifically describe measures to be taken to prevent any unauthorized release of pollutants to the environment. Include adequate reclamation and closure practices for such designated chemicals, toxic or acid-forming materials and how unauthorized discharge of acid mine drainage will be prevented.(b) Submit a narrative description or plan that:(i) describes how all designated chemicals used in the extractive metallurgical process will be handled during active mining operations, during periods of Temporary Cessation, and disposed or detoxified at the conclusion of operations so as to comply with all applicable environmental protection and reclamation standards and regulations;(ii) describes how materials that have the potential to produce acid mine drainage or are toxic or acid-forming will be handled to ensure that the affected lands will be reclaimed and returned to the approved post-mining land use; and(iii) describes how the Operator/Applicant will prevent adverse off-site impacts during periods of active mine site operations and periods of Temporary Cessation.(c) Based upon acceptable site-specific analyses of site construction materials, waste rock, ore, product stockpiles, and mill tailings, if applicable, provide an assessment of the nature, concentrations and expected fate of potential acid mine drainage-forming materials.(7) Facilities Evaluation-Provide an evaluation of the expected effectiveness of each proposed and existing Environmental Protection Plan facility, taking into consideration:(a) site-specific conditions;(b) designated chemicals, uranium, uranium by products and other radionuclides, acid mine drainage and toxic or acid-forming materials and associated by-products and sludges that will be retained, either temporarily or permanently, on site by each facility;(c) naturally occurring geological and geochemical conditions, and alterations of these conditions by the mining and metallurgical process.(d) Describe, with maps and narrative, the monitoring systems, monitoring site locations, sample designator, parameters sampled, frequency of sampling, report dates, media sampled, method of sampling and analysis employed or to be employed during mining and reclamation operations to evaluate the effectiveness of each Environmental Protection Plan facility and activity.(e) Taking into consideration the nature of the chemicals and the risk to human health, property and the environment, describe any release response procedures, redundancies, and "backup" measures necessary, appropriate, and economically reasonable, to control, prevent and mitigate releases of the designated chemicals and toxic or acid-forming materials from the containment facility outside the permit area during mining and reclamation operations.(f) Demonstrate that containment facilities shall be of adequate size to provide sufficient reserve capacity to prevent a release of designated chemicals or toxic or acid-forming materials from design storm events plus operational water volumes during worst case conditions as specified by the Office.(8) Groundwater Information - (a) locate on a map, in Exhibit C, all tributary water courses, wells, springs, stock water ponds, reservoirs and ditches, on the affected land and on adjacent lands where such structures or waters are within two (2) miles, of the existing or proposed affected lands. The required information may further be limited to that area which can also be demonstrated by the Operator to lie within the local ground and surface water regimes that include the affected lands. On a site-specific basis, the Office or Board may extend the distance beyond two (2) miles;(b) identify all known aquifers and related subsurface water-bearing fracture systems within two (2) miles of the affected lands. The required information may further be limited to that area which can also be demonstrated by the Operator to lie within the local ground and surface water regimes that include the affected lands. In addition, using available data or information, when acceptable to the Office, provide the general direction and rate of flow of groundwater in these aquifers and fracture systems. On a case-by-case basis, the Office may require hydrologic testing and analysis, where available information is inadequate to describe or address potential impacts to groundwater resources;(c) describe all geologic media down to and including the upper most aquifer under proposed sites of material storage, stockpiles, waste piles, disposal sites, solution containment facilities and other sites within the existing or proposed affected area where such subsurface materials and any associated waters have the potential to be contaminated by designated chemicals used in the extractive metallurgical process or by materials that are toxic or acid-forming, or that produce acid mine drainage;(d) identify and locate on a map, in Exhibit C, known major fracture systems that affect rock formations under proposed sites of material storage, stockpiles, waste piles, disposal sites, solution containment facilities and other sites within the existing or proposed affected (land) area where such fractures and any associated waters have the potential to be contaminated by toxic or acid-forming materials or designated chemicals used in extractive metallurgical process or that produce acid mine drainage; and(e) describe and illustrate the hydrogeology of the area where surface or groundwater may be impacted by the Designated Mining Operation activities. Include in the description and illustration, those geologic strata and fracture systems that have the potential to transmit groundwater.(9) Groundwater Quality Data -(a) Indicate the existing and reasonably potential future groundwater uses on and within two (2) miles down-gradient of the affected lands. The required information may further be limited to that area which can also be demonstrated by the Operator to lie within the local ground and surface water regimes that include the affected lands. On a site-specific basis the Office or Board may extend the distance beyond two (2) miles.(b) Submit, at a minimum, groundwater quality data collected during five (5) successive calendar quarters, or as specified by the Office, as may be necessary to adequately characterize baseline conditions. This baseline data shall be sufficient to provide for the proper design of facilities, to serve as a basis for the evaluation of reclamation performance standards, and to ensure the adequacy of Environmental Protection Facility design, maintenance and operation. In the case of an in situ leach mining operation, a permit applicant must design and conduct a scientifically defensible groundwater, surface water and environmental baseline site characterization and monitoring plan for the proposed mining operation which, at a minimum, includes five (5) successive calendar quarters, or the period specified by the Office as necessary to adequately characterize the baseline conditions, of water quality data, prior to submitting the permit application.(c) Analytical detection limits and groundwater quality parameters must be acceptable to the Office.(10) Surface Water Control and Containment Facilities Information(a) Provide design specifications certified by a licensed professional engineer for all Environmental Protection Facilities intended to: (i) hold, convey, contain, or transport designated chemicals used in the extractive metallurgical process;(ii) convey, transport or divert surface water around or away from acid mine drainage or toxic or acid-forming material; or(iii) capture and/or retain surface water run-off from areas affected by the Designated Mining Operation prior to its release from the mine-site into the natural water drainage system.(b) Submit a Storm Water Management Plan, if required by the Water Quality Control Division, including a copy of such plan and a maintenance and inspection program to ensure all drainage control and containment facilities will be properly operated and maintained.(11) Surface Water Quality Data - (a) Indicate the existing surface water receiving stream standards, existing or reasonably potential future uses of surface water and, where receiving stream standards have not been determined, within two (2) miles, down-gradient of the affected lands. On a site-specific basis, the Board or Office may extend the distance beyond two (2) miles downstream.(b) Submit surface water quality and flow data collected during a minimum of five (5) successive calendar quarters and such other additional data, or a period specified by the Office, as may be necessary to adequately characterize baseline conditions. This baseline data shall be sufficient to provide for the proper design of facilities, to serve as a basis for the evaluation of reclamation performance standards success, and to ensure the adequacy of environmental protection facility design, maintenance and operation. Where surface water samples are not available during the specified time period due to climatic condition, the Office must be contacted so that other alternatives may be agreed upon, except that in the case of an in situ leach mining operation, a permit applicant must design and conduct a scientifically defensible groundwater, surface water and environmental baseline site characterization and monitoring plan for the proposed mining operation which, at a minimum, includes five (5) successive calendar quarters, or the period specified by the Office as necessary to adequately characterize the baseline conditions, of water quality data, prior to submitting the permit application.(c) Analytical detection limits for surface water must be acceptable to the Office for surface water quality parameters in consultation with the Water Quality Control Division.(12) Water Quality Monitoring Plan - where necessary to demonstrate that the Environmental Protection Plan requirements are being met a water quality monitoring plan shall be proposed for both surface and groundwater. The intent of the proposed water quality monitoring plan shall be to demonstrate that all environmental protection facilities designed to protect water quality are functioning as designed and whether the operation is in compliance with all applicable surface water and groundwater standards and Permit conditions. Where a Colorado Discharge Permit System (CDPS) discharge permit exists or has been applied for, such permit may be adequate to satisfy the requirements of Rule 6.4.21 . In addition, for an in situ leach mining operation, the required groundwater, surface water and environmental baseline site characterization and monitoring plan must be designed to thoroughly characterize pre-mining conditions; detect any subsurface excursions of groundwater containing chemicals used in or mobilized by such operation; and evaluate the effectiveness of post-mining reclamation and groundwater reclamation.(13) Climate - on a case-by-case basis, the Environmental Protection Plan shall: (a) Provide adequate climatic data representative of the site to perform an acceptable "water balance" for all liquid containment systems open to the environment and intended to contain designated chemicals or acid mine drainage, and demonstrate that the amount of evaporation required to maintain reserve facility capacity will occur, or that there is sufficient reserve capacity to compensate for the uncertainty associated with the data.(b) Provide the following information regarding climatic factors, above six thousand five hundred (6,500) feet of elevation, (with the approval of the Office, data may be provided from existing stations within the vicinity of the Permit area):(i) the mean annual precipitation for a minimum of five (5) years and, where available, one (1) set of data for the wettest year on record for the area;(ii) the average direction and velocity of the prevailing winds;(iii) the mean monthly temperature and temperature ranges for a minimum of five (5) years;(iv) on a case-by-case, site-specific evaporation and sublimation rates for the proposed site.(c) For operations below elevations of six thousand five hundred (6,500) feet, provide the above data covering a period of one (1) year.(14) Geochemical Data and Analysis - include appropriate geochemical evaluations of any material that will be exposed by mining, placed in on-site solution containment systems or facilities, stockpiled, or disposed of on the affected land, and that involves uranium mining or has the potential to cause acid mine drainage or to release designated chemicals, or toxic or acid-forming materials. (a) Such evaluations shall be site specific and appropriate for the types of materials exposed or to be exposed by the mining and reclamation operations.(b) Such evaluations shall be conducted on materials that are representative of the composition of the mineral, rocks or materials that are exposed or to be exposed during the proposed life of the mining operations.(c) Such evaluations shall be appropriate for the intended use or fate of the material exposed or to be exposed during the proposed life of the mining operations, and on a case-by-case basis shall include evaluation of weathering effects, shall simulate, to the extent reasonable, the conditions under which the material will be used, stockpiled or disposed and which shall reasonably be expected to prevail after mining and reclamation operations have ceased.(d) Such evaluations shall be performed on both ore and overburden, and shall identify the most reasonable sources, probable fate, and transport mechanisms of metal and acid-producing minerals that may be mobilized by ordinary weathering reactions that are likely to prevail after mining and reclamation operations have ceased. Such analyses may include only those tests that are necessary to satisfy the conditions of Rule 6.4.21, and such evaluations may be prioritized, in descending order of importance, as follows: (i) mineralogical analyses;(ii) trace element analyses;(iii) major element analyses;(iv) microprobe or other comparable analyses.(e) Where a net neutralizing, metal adsorption or metal ion exchange potential over the long-term cannot be demonstrated, the Operator/Applicant shall fully describe measures to prevent unpermitted discharges, and how reclamation, sufficient to achieve the post-mine land use will be assured.(15) Construction Schedule Information- provide a detailed construction schedule for the following: (a) all facilities designed to contain or transport uranium, uranium by-products or other radionuclides, toxic or acid-forming materials or designated chemicals used in the extractive metallurgical process; and(b) all facilities proposed to contain, hold, or for disposal of material that has the potential to cause acid mine drainage.(16) Describe the Quality Assurance and Quality Control program and measures to be employed during construction of those Environmental Protection Facilities that typically warrant Quality Assurance and Quality Control.(17) Plant Growth Medium (Soils)- where revegetation is part of the Reclamation Plan, and in order to assure that acceptable plant growth medium is preserved, and to determine what soil amendments may be necessary to promote reclamation, the Operator/Applicant shall:(a) provide a soil survey map of the proposed affected area that delineates soil units, soil texture, estimated cubic yards of soil and subsoils available for reclamation and if saved, where such material will be stockpiled for reclamation;(b) Such map shall be based on site specific soils investigations and shall be on such a scale as to provide a basis for soil management recommendations and be the same scale as the reclamation map; and(c) provide, for each soil map unit, in tabular form, all data from analyses of representative samples of surface and subsurface soil units as to:(i) soil pH, texture, electrical conductivity, sodium adsorption ratio and any other parameters that the Operator/Applicant or Office deems necessary for proper soils characterization;(ii) indicate on a map, or in the soils narrative the location of each soil unit on the affected area where the above soil characteristics may be problematic as to suitability for a plant growth medium; and(iii) type, form and amounts of any soil amendments that may be necessary or recommended by the local Soil Conservation Service, Conservation District, or other qualified special district, and standard soil laboratory analyses and fertilizer recommendations (if available) for the types of plant species proposed to be established; or(iv) provide, as an alternative to Rule 6.4.21, a plan of experiments to determine the type, form and amount of any soil amendments that may be necessary to fulfill the requirements of the Reclamation Plan.(18) Wildlife protection - In addition to the performance requirements of Rule 3.1, the Office or Board shall require the Operator to describe measures to minimize or prevent harm or damage to wildlife species and habitat, including: (a) adequately describe mitigation measures to ensure that there is no overall net loss of critical or important wildlife habitat consistent with Colorado Parks and Wildlife (CPW)and United States Fish and Wildlife Service (USFWS) recommendations, if any; and(b) describe measures to prevent wildlife from coming into contact with uranium, uranium byproducts or other radionuclides, designated chemicals, toxic or acid-forming chemicals or areas with acid mine drainage.(19) Disposal of tailings and sludges in mine workings - In order to ensure the proper disposal of tailings and sludges in mine workings, an Applicant shall comply with the provisions of Rule 3.1.7.6.4.22EXHIBIT V - Description of ISL Mines - Required for all In Situ Leach Mining Applications Regardless of Designated Mining Operation Status.In addition to all other required exhibits, all in situ leach mining applications shall include this Exhibit V:
(1) The Description of ISL Mines shall describe at least five (5) in situ leach mining operations that demonstrate the applicant's ability to conduct the proposed mining operation without 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 mining operation into any groundwater outside of the permitted in situ leach mining area. The applicant need not be involved with any of the five (5) operations. The Comparison of ISL Mines shall describe:(a) the methods of mining employed in each stage of each of the five (5) referenced in situ leach mining operations specifically including the methods related to any potential effect on groundwater, and compare these methods to those proposed in the application;(b) the groundwater monitoring and protection measures used at each of the five (5) referenced mining operations and compare those measures to the measures in the application;(c) known accidents, failures, leaks, releases or spills that affected groundwater at each of the five (5) referenced mining operations.(2) The information provided in the Description of ISL Mines may be obtained from publicly available or non-confidential sources. The applicant shall use reasonable efforts to obtain as much information as is possible including research and review of publicly available documents and contact with the operators of the five (5) referenced operations to request information.6.4.23EXHIBIT W - Baseline Site Characterization - All In Situ Leach Mining Operations, Regardless of Designated Mining Operation Status.In addition to all other required exhibits, applications for in situ leach mining operations shall include this Exhibit W.
(1) An applicant for an in situ leach mining operation permit shall design and conduct a scientifically defensible Baseline Site Characterization for affected surface water and groundwater and the environment prior to filing a permit application for an in situ leach mining operation. Prior to conducting any activity under the Baseline Site Characterization, the prospective applicant shall confer with the Office and obtain the Office's approval of the applicant's proposed Baseline Site Characterization. The Baseline Site Characterization must, at a minimum, include five (5) successive calendar quarters, or the period specified by the Office as necessary to adequately characterize the baseline conditions, of monitoring data and must be included in the permit application in order for the application to be considered filed. At a minimum, the Baseline Site Characterization shall thoroughly characterize the pre-mining site conditions including:(a) A description of the following aspects of the proposed mining operation: (i) physiographic conditions;(ii) geologic and hydrogeologic conditions;(iii) surface water conditions; and (iv) groundwater conditions.(b) A site inspection report that includes: (i) a narrative description of site observations;(ii) interviews with regulatory agencies having jurisdiction over the site including the regulatory history of the site;(iii) a narrative description of the results of a document review concerning the site; and(iv) a synopsis of any previous environmental or enforcement investigations.(c) Analysis of the results of the Baseline Site Characterization, including a description of factors or conditions that require further investigation in order to design appropriate reclamation measures.6.4.24EXHIBIT X - Monitoring Plan - All In Situ Leach Mining Operations Regardless of Designated Mining Operation StatusIn addition to all other required exhibits, any applications for in situ leach mining applications shall include this Exhibit X.
(1) An Applicant for a permit for any in situ leach mining operation shall design and conduct a Monitoring Plan for affected lands and affected surface water and groundwater prior to submitting an application for such operation. Prior to conducting any activities in the Monitoring Plan, the prospective applicant shall confer with and obtain the approval of the Office of the proposed Monitoring Plan. The Monitoring Plan must be in the permit application in order for the application to be considered filed. The Monitoring Plan shall be sufficient to detect any subsurface excursions of groundwater containing chemicals used in or mobilized by the mining operation. In addition, the Monitoring Plan shall be sufficient to evaluate the effectiveness of the post-mining reclamation and groundwater reclamation plans.6.4.25EXHIBIT Y - Certification of Prior and Current Violations - All In Situ Leach Mining Operations Regardless of Designated Mining Operation StatusIn addition to all other required exhibits, any permit application for an in situ leach mining operation or any request for transfer of minerals permit and succession of operations of operators for any in situ leach mining operation shall include this Exhibit Y.
(1) Applicants for a permit for any in situ leach mining operations shall include in their application a Certification of Prior and Current Violations that includes: (a) A certified statement by the Applicant that the applicant or an affiliate, officer, or director of the Applicant has not violated environmental protection requirements of the Act and these regulations, a permit issued under the Act, or any analogous law, rule or permit issued by another state or the United States within a period of ten (10) years prior to the date of the submission of the application;(b) A certified statement by the Applicant that the Applicant or an affiliate, officer, or director of the applicant, the operator, or the claim holder has not committed a pattern of willful violations of the environmental protection requirements of the Act, regulations, a permit issued under the Act and regulations, or an analogous law, rule, or permit issued by another state or the United States.(2) If the Applicant is not able to certify as required by Rule 6.4.25, the Applicant shall certify the circumstances of the violations or pattern of violations including: (a) A description of the nature of the violation including the governmental agency that found the violation, where and when it took place, the type of mine involved, any corrective actions and fines imposed for such violation, the status of the violation and any corrective actions and fines imposed for such violation, and any pending administrative or judicial action related to the violation;(b) A description of the pattern of violations including as to each violation in the pattern of violations, the governmental agency that found the violation, the type of mining operation involved, where and when the violation took place, the corrective actions and fines imposed for such violation, the status of the violation and any corrective actions and fines imposed for such violation, and any pending administrative or judicial action related to the violation;(c) Contact information from each federal or state agency involved in each violation or each pattern of violations including the name of the agency, the name of a person in that agency that can confirm the violation or pattern of violation information the Applicant has submitted and the contact person's telephone number and address.(d) Any other information requested by the Office or Board about the violations or pattern of violations.(e) Any explanation of the circumstances of any violations, the relationship between the Applicant and the violator, and any other information the Applicant believes to be relevant.(f) The Applicant has a continuing obligations to update the information required in this exhibit throughout the permit application process and, if the permit is granted, throughout the life of the permit if any changes to the information occurs.(3) To constitute a certified statement the applicant must attest to the truthfulness of the statement in a form approved by the Board.