COLORADO REGULATORY PROGRAM
RULES AND REGULATIONS OF THE COLORADO MINED LAND RECLAMATION BOARD
PURSUANT TO THE COLORADO SURFACE COAL MINING RECLAMATION ACT

RULE 2    PERMITS
2.01      General Requirements
     2.01.1    Scope
     2.01.2    General Requirements for Existing Operations
     2.01.3    General Requirements for Permits for All Surface Coal Mining and Reclamation Operations
     2.01.4    Permit Requirements for New Surface Coal Mining and Reclamation Operations
     2.01.5    Permit Term
     2.01.6    Permit Fees.
2.02      General Requirements for Coal Exploration
     2.02.1    Scope
     2.02.2    Exploration Involving Removal of 250 Tons or Less of Coal
     2.02.3    General Requirements: Exploration Involving Removal of More Than 250 Tons of Coal
     2.02.4    Applications: Approval or Disapproval of Exploration Involving Removal of More Than 250 Tons
               of Coal
     2.02.5    Applications: Notice and Hearing for Exploration Involving Removal of More Than 250 Tons of
               Coal
     2.02.6    General Coal Exploration Compliance Duties
     2.02.7    Sale of Coal for Testing Purposes
     2.02.8    Public Availability of Information
2.03      Application for Permit for Surface Coal Mining and Reclamation Operations: Minimum Requirements for
          Legal, Financial, Compliance and Related Information
     2.03.1    Objective
     2.03.2    Responsibilities
     2.03.3    Format and Supplemental Information
     2.03.4    Identification of Interests
     2.03.5    Compliance Information
     2.03.6    Right of Entry and Operation Information
     2.03.7    Relationship to Areas Designated Unsuitable for Mining
     2.03.8    Permit Term Information.
     2.03.9    Personal Injury and Property Damage Insurance Information.
     2.03.10   Identification of Other Licenses and Permits
     2.03.11   Identification of Location of Public Office for Filing of Application
     2.03.12   Newspaper Advertisement and Proof of Publication
2.04      Application for Permit for Surface or Underground Mining Activities: Minimum Requirements for
          Information on Environmental Resources
     2.04.1    Objectives
     2.04.2    Responsibilities
     2.04.3    General Requirements: Site Description and Land Use Information
     2.04.4    Cultural and Historic Resource Information
     2.04.5    General Description of Hydrology and Geology
     2.04.6    Geology Description
     2.04.7    Hydrology Description
     2.04.8    Climatological Information
     2.04.9    Soils Resource Information
     2.04.10   Vegetation Information
     2.04.11   Fish and Wildlife Resources Information
     2.04.12   Prime Farmland Investigation
     2.04.13   Annual Reclamation Report
2.05      Application for Permit for Surface or Underground Mining Activities: Minimum Requirements for
          Operation and Reclamation Plans
     2.05.1    Objectives
     2.05.2    Operation Plan - Estimated Area for Life of Operation
     2.05.3    Operation Plan - Permit Area
     2.05.4    Reclamation Plan
     2.05.5    Postmining Land Uses
     2.05.6    Mitigation of the Impacts of Mining Operations
2.06 Requirements for Permits for Special Categories of Mining
     2.06.1    Scope
     2.06.2    Experimental Practices Mining.
     2.06.3    Mountaintop Removal Mining
     2.06.4    Steep Slope Mining
     2.06.5    Permits Incorporating Variances from Approximate Original Contour Restoration Requirements
               for Steep Slope Mining
     2.06.6    Prime Farmlands.
     2.06.7    Variances for Delay in Contemporaneous Reclamation Requirements in Combined Surface and
               Underground Mining Operations
     2.06.8    Surface Coal Mining and Reclamation Operations on Areas, or Adjacent to Areas, Including
               Alluvial Valley Floors
     2.06.9    Augering
     2.06.10   Coal Processing Plants and Support Facilities Not Located Within the Permit Area
     2.06.11   In Situ Processing Activities
     2.06.12   Surface Coal Mining and Reclamation Operation Requirements Involving the Removal of Coal
               Refuse Piles
2.07      Public Participation and Approval of Permit Applications
     2.07.1    Scope
     2.07.2    Objectives
     2.07.3    Government Agency and Public Comments on Permit Applications
     2.07.4    Division and Board Procedures for Review of Permit Applications
     2.07.5    Public Availability of Information in Permit Applications on File with the Division
     2.07.6    Criteria for Review of Permit Applications for Permit Approval or Denial
     2.07.7    Conditions of Permits
2.08      Permit Reviews, Revisions and Renewals and Transfer, Sale and Assignment
     2.08.1    Scope
     2.08.2    Objectives
     2.08.3    Division Review of Outstanding Permits
     2.08.4    Revisions to a Permit
     2.08.5    Right of Successive Renewal
     2.08.6    Transfer, Assignment or Sale of Permit Rights
2.09      Small Operator Assistance Program
     2.09.1    Assistance Provided.
     2.09.2    Eligibility for Assistance.
     2.09.3    Filing for Assistance
     2.09.4    Application Approval and Notice
     2.09.5    Minimum Data Requirements
     2.09.6    Qualified Laboratories
     2.09.7    Assistance Funding
     2.09.8    Applicant Liability
2.10      Maps and Plans
     2.10.1    General Requirements
     2.10.2    Permit and Adjacent Areas
     2.10.3    Specific Information Requirements

NB: Numbers in parentheses at the end of a section refer to Statutory authority for these Rules (e.g., "(111(2))"
refers to Section 34-33-111(2) of the Colorado Surface Coal Mining Reclamation Act, Article 33 of Title 34, as
amended, (House Bill 1223/1979 Session Laws) Colorado Revised Statutes).

ALSO NOTE: Cross references to OSM's federal statute and regulations appear in double braces to the right of the
Colorado statute or regulation section numbers, e.g., "1.04  DEFINITIONS        {{ 30 CFR 701.5 }}".  
The cross references were compiled using the preambles to OSM's approval of amendments to the Colorado
regulatory program published in the Federal Register and from the COALEX Library in LexisNexis.

2.01      GENERAL REQUIREMENTS
2.01.1    Scope.                             {{ 30 CFR 707.11, 773.1, 774.15 & 777.1 }}
This Section establishes the minimum general requirements for permits required to commence or continue surface 
coal mining and reclamation operations. The objectives of this Section are to insure that all persons make timely 
application for permits, and that all surface coal mining and reclamation operations are conducted only under permits 
issued in accordance with the requirements of the Act and these Rules. 

2.01.2    General Requirements for Existing Operations (109(1),(2)).  {{ 30 CFR 701.11 & 773.11 }}
Not later than two months following the date of approval of the Colorado regulatory program by the Secretary, all 
operators who are conducting and intend to conduct surface coal mining operations eight months after such approval,
shall file an application for a permit with the Division for such operations. The application shall comply with all 
applicable provisions of Rules 2 and 4. With regard to the requirements of 2.05.6(3)(b)(iv), the application shall be 
considered filed if it contains all applicable hydrologic information reasonably available to the applicant as of the 
date of the application. 

2.01.3    General Requirements for Permits for All Surface Coal Mining and Reclamation Operations
          (109(1),(2)).  {{ 30 CFR 701.11, 773.11, 773.15 & 773.19 }}
(1) Except as provided for in 2.01.3(2) and 2.01.3(5), on and after eight months from the date on which the Colorado 
regulatory program is approved by the Secretary of the Interior, which date is set forth by Rule of the Board, no 
person shall conduct, on lands within this State, any surface coal mining and reclamation operations unless such 
person has first obtained a valid permit issued under the applicable provisions of these Rules. 

(2) A person conducting surface coal mining and reclamation operations, under a permit issued or amended by the 
Division in accordance with requirements of the "Colorado Mined Land Reclamation Act" (Section 34-33-101, 
C.R.S.) and the Rules and Regulations promulgated therewith and operating in compliance with Section 502 of the 
Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87), as determined by the Division, may conduct 
these operations beyond the period prescribed in (1) above, if: 
     (a) a complete application for a permit has been filed with the Division in accordance with the applicable 
provisions of Rules 2 and 4; and 
     (b) The Division has not yet rendered an initial decision with respect to such application (109(3)). 

(3) If prior to the date of approval by the Secretary of the Colorado regulatory program, a person has filed with the 
Division an application for a permit in compliance with the Colorado Mined Land Reclamation Act," and       
Section  502 of the "Surface Mining Control and Reclamation Act" of 1977 (P.L. 95-87), as determined by the 
Division, the Board or Division shall, unless such application is withdrawn, act on such application in accordance 
with the "Colorado Mined Land Reclamation Act" and Section 502 of the "Surface Mining Control and 
Reclamation Act" of 1977 (P.L. 95-87); except that in no event shall such person be relieved of the obligation to 
obtain a permit as required by Section 34-33-109 (1) of the Act, 2.01.3(1), and P.L. 95-87. 

(4) Except as provided for in 2.01.3(2) and 2.01.3(5), no person conducting, or intending to conduct, surface coal 
mining and reclamation operations shall be relieved of the obligation to obtain a permit as required by 2.01.3(1) and 
the "Surface Mining Control and Reclamation Act" of 1977 (P.L. 95-87). 

(5) The operator of any surface coal mining and reclamation operation on Federal land, whose permit application and 
mining and reclamation plan have been approved by the Board or Division and the Federal Office of Surface Mining 
under the permanent Federal regulatory program, prior to the approval of the Colorado regulatory program by the 
Secretary, shall be considered to have satisfied the permit requirements of this Rule and need not submit another 
application for a permit or permit revision within the two months following the initial approval of the Colorado 
regulatory program, provided, however, that: 
     (a) Proposed revisions and modifications of said permit must be submitted within twelve months of the 
approval by the Secretary of the Colorado regulatory program. 
     (b) Revisions or modifications of said permit are made to reflect substantive differences between the 
Colorado regulatory program and the Federal regulatory program; and 
     ( c) All requirements of the Act and 2.07, pertaining to public participation and notification, are complied 
with. 

(6) No permit shall be required for reclamation operations on abandoned or unreclaimed lands not required to be 
reclaimed under State or Federal law (109(1)).

2.01.4    Permit Requirements for New Surface Coal Mining and Reclamation Operations. 
     {{ 30 CFR 773.11 }}
Each person who expects to conduct new surface coal mining and reclamation operations
within the eight month period following approval of the Colorado regulatory program
shall file a complete application for a permit in accordance with applicable provisions of
Rules 2 and 4 (109(1),(2)). 

2.01.5    Permit Term.                            {{ 30 CFR 773.19, 774.11 & 778.17 }}
(1) All permits issued pursuant to the requirements of the Act and these Rules shall be issued for a term not to exceed 
five years. The term shall commence upon the acceptance of the performance bond by the Division. The Board or 
Division may grant a permit for a longer term if the applicant demonstrates that: 
     (a) A specified longer term is reasonably needed to allow the applicant to obtain necessary financing for 
equipment and the opening of the operation; and this need is confirmed in writing by the applicant's source for the 
financing, and 
     (b) The application is full and complete for the specified longer term (109(5)).

(2) (a) A permit shall terminate if the permittee has not commenced the surface coal mining and reclamation 
operations covered by the permit within three years of the date of the issuance of the permit (109(6)).
     (b) The Division or Board may grant reasonable extensions of time for commencement of these operations, 
upon receipt of a written statement showing that such extensions of time are necessary, if: 
          (i) Litigation precludes commencement or threatens substantial economic loss to the permittee, or 
          (ii) There are conditions beyond the control of and without the fault or negligence of the permittee. 
     ( c) With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating 
facility, the permittee shall be deemed to have commenced surface coal mining operations at the time that the 
construction of the synthetic fuel or generating facility is initiated (109(6)). 
     (d) In the case of a coal lease issued under the "Federal Mineral Lands Leasing Act, as amended,"
extensions of time may not extend beyond the period allowed for diligent development in accordance with Section 7
of that Act (109(6)).  
     (e) Extensions of time granted by the Division or Board under 118(1) 2.01.5(2)(b)shall be specifically set
forth in the permit and notice of the extension shall be made to the public (102, 110(8)).

2.01.6    Permit Fees (110(1)).                        {{ 30 CFR 777.17 }}
(1) Each application for a surface coal mining and reclamation permit pursuant to these Rules shall be accompanied 
by a fee of twenty-five dollars, plus ten dollars for each acre of affected land. 

(2) The permit fee shall not exceed two thousand five hundred dollars and shall not exceed the actual or anticipated 
cost of reviewing, administering, and enforcing such permit issued pursuant to these Rules. 

(3) The cost of the fee may be paid over the term of the permit. The incremental permit fee payment shall not be less 
than twenty percent of the total permit fee. 

(4) All fees collected under this Rule shall be deposited in the general fund. 

2.02      GENERAL REQUIREMENTS FOR COAL EXPLORATION
2.02.1    Scope.                                  {{ 30 CFR 772.1 }}
This section establishes the requirements for coal exploration outside an approved permit area and is intended to 
ensure that such exploration is conducted in a manner that protects the environment and complies with these rules. 
These requirements include filing notices of intention when 250 tons or less of coal will be removed during 
exploration, applying for written approval when more than 250 tons of coal will be removed during exploration; 
complying with coal exploration and reclamation standards, and ensuring public availability of coal exploration 
information (117).  

2.02.2    Exploration Involving Removal of 250 Tons or Less of Coal.  {{ 30 CFR 772.11 }}
(1) Any person who intends to conduct coal exploration during which 250 tons or less of coal will be removed from 
the area to be explored outside an approved permit area shall, prior to conducting the exploration, file with the 
Division a complete written notice of intention to explore (117(1)(a)).

(2) The complete notice shall include (117(1)(a)):
     (a) The name, address, and telephone number of the person seeking to explore;   
     (b) The name, address, and telephone number of the representative who will be present at and responsible 
for conducting the exploration activities; 
     ( c) A narrative description and map, at a scale of 1:24,000, or larger if requested by the Division, of the 
exploration area; 
     (d) A statement of the period of intended exploration (117(1)(a) );
     (e) If the surface is owned by a person other than the person who intends to explore, a description of the 
basis upon which the person who will explore claims the right to enter such area for the purpose of conducting 
exploration and reclamation; 
     (f) A narrative description of the practices proposed to be followed to protect the environment from adverse 
impacts as a result of the exploration activities; 
     (g) A narrative description of the methods to be used to conduct coal exploration and reclamation, 
including, but not limited to, the types and uses of equipment, drilling, surface blasting, road or other access route 
construction, excavated earth and other debris disposal activities, and other information set forth in Rule 1.04(127). 
The description shall set forth the maximum number of drill holes the person conducting the exploration intends to 
drill within each quarter-quarter section (40AC.) (117(5)) ; and
     (h) A statement, with appropriate references from the relevant State or Federal agencies or published 
sources, which determines that the exploration and reclamation described will not jeopardize the continued existence 
of an endangered or threatened species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 
U.S.C. 1533) or the Nongame, Endangered or Threatened Species Conservation Act (Section 33-8-101 et seq. 
C.R.S.) or result in the destruction or adverse modification of critical habitat of those species (102, 117(5) ).

(3) The Division shall review the complete notice of intention to conduct coal exploration and shall make a 
determination within two weeks of the filing of such complete notice, whether the proposed exploration will 
substantially disturb the natural land surface, and if so whether the proposed activity qualifies as coal 
exploration or surface coal mining operations. The Division shall immediately notify the person in writing of its 
determination. The determination of substantial disturbance shall be made with reference to 1.04(127). If the 
Division determines that the proposed coal exploration activities will substantially disturb the natural land surface, 
the person who intends to conduct such coal exploration shall comply with 4.21. 

(4) If the Division determines that the proposed coal exploration activities qualify as surface coal mining operations, 
the application shall be returned to the person with the written determination. The person shall be informed of his 
rights to appeal such determination and that conduct of any activities included in the application are prohibited until 
a valid mining and reclamation permit is obtained. 

(5) A determination by the Division that substantial disturbance of the natural land surface by exploration with 
removal of 250 tons or less will require that the person who proposes to conduct the coal exploration post a 
performance bond prior to initiation of exploration according to the requirements set forth in 3.05 (102, 117(5)). 

(6) Within 30 days after the notification required by 2.02.2(3) above, any person with an interest which is or may be 
adversely affected may request a formal hearing on the reasons for the decision by the Division. Such request shall 
be in writing and state with reasonable specificity the reasons for the request and objections to the decision. If so 
requested, the formal hearing shall be conducted in accordance with the requirements of 2.07.4(3). 

(7) No person shall conduct coal exploration activities under 2.02.2 until they have received notification of the 
Division's determination on substantial disturbance and qualifications as coal exploration. 

2.02.3    General Requirements: Exploration Involving Removal of More Than 250 Tons of Coal. 
     {{ 30 CFR 772.12 }}
Any person who intends to conduct coal exploration in which more than 250 tons of coal are removed in the area to 
be explored outside an approved permit area or who wishes to conduct coal exploration within an area which has 
been designated unsuitable for all or certain types of surface coal mining operations shall, prior to conducting the 
exploration, obtain the written approval of the Board or Division, in accordance with the following (117(4),(5)):

(1) Contents of complete application for approval. Each application shall contain, at a minimum, the following 
information: 
     (a) The name, address, and telephone number of the applicant; 
     (b) The name, address, and telephone number of the representative of the applicant who will be present at 
and be responsible for conducting the exploration; 
     ( c) An exploration and reclamation plan, including: 
          (i) A narrative description of the proposed exploration area, cross-referenced to the map required 
under (e) below, including surface topography, geology, surface water, and other physical features; vegetative cover; 
the distribution and important habitats of fish, wildlife, and plants, including, but not limited to, an endangered or 
threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the 
Nongame, Endangered or Threatened Species Conservation Act (Section 33-8-101 et seq., C.R.S.); Designated 
Natural Areas, National Natural Landmarks, districts, sites, buildings or structures or objects listed on or known to 
be eligible for listing on the National Register of Historic Places; known archaeological resources located within the 
proposed exploration area; and any other information that may be required regarding historic or archaeological 
resources; 
          (ii) A narrative description of the methods to be used to conduct coal exploration and reclamation, 
including, but not limited to, the types and uses of equipment, drilling, blasting, road or other access route 
construction, and excavated earth and other debris disposal activities; such uses and activities shall be in compliance 
with the applicable requirements of these Rules. For the proposed drill holes, the maximum number of holes located 
within each quarter-quarter section (40AC.), cross referenced to map location, and their size and depth; 
          (iii) An estimated timetable for conducting and completing each phase of the exploration and 
reclamation; 
          (iv) The estimated amounts of coal to be removed and a description of methods to be used to 
determine those amounts; 
          (v) A description of the measures to be used to comply with the applicable requirements of 4.21. 
          (vi) A statement of why extraction of more than 250 tons of coal is necessary for exploration. 
     (d) The name and address of the owner of record of the surface land and of the subsurface mineral estate of 
the area to be explored; 
     (e) A map at a scale of 1:24,000, or larger if requested by the Division, showing the areas of land to be 
substantially disturbed by the proposed exploration and reclamation. The map shall specifically show existing 
roads, occupied dwellings, and pipelines; proposed location of trenches, roads, and other access routes and structures 
to be constructed; the location of land excavations to be conducted within each quarter-quarter section (40AC.); 
water and coal exploratory holes to be drilled or altered within each quarter-quarter section (40AC.); earth or debris 
disposal areas; existing bodies of surface water; historic, topographic, cultural and drainage features; and habitats of 
any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), 
the Nongame, Endangered or Threatened Species Conservation Act (Section 33-8-101 et seq., C.R.S. as amended), 
Designated Natural Areas, National Natural Landmarks; and 
     (f) If the surface is owned by a person other than the applicant, a description of the basis upon which the 
applicant claims the right to enter the land for the purpose of conducting exploration and reclamation. 

(2) Public notice and opportunity to comment. Public notice of the application and opportunity to comment shall be 
provided as follows: 
     (a) Within five days of the filing of the complete application, a public notice of the filing of the application 
with the Division shall be posted at the Division office and advertised once by the applicant in a newspaper of 
general circulation in the county of the proposed exploration area. 
     (b) The public notice shall state the name and business address of the person seeking approval, the date of 
filing of the application, the address of the Division at which written comments on the application may be submitted, 
the closing date of the comment period, and a description of the general area of exploration. 
     ( c) Any person with an interest which is or may be adversely affected shall have the right to file written 
comments on the application within 2 weeks after the requirements of (a) above are met. 

2.02.4    Applications: Approval or Disapproval of Exploration Involving Removal of More Than 250 Tons of 
          Coal.                                   {{ 30 CFR 772.12 }}
(1) Within two weeks of receipt of a completed application, the Division will notify the applicant as to whether a 
proposed activity qualifies as coal exploration or surface coal mining and reclamation operations. If the Division 
determines that the proposed coal exploration activities qualify as surface coal mining operations, the application 
shall be returned to the person with the written determination. The person shall be informed of his rights to appeal 
such a determination and that conduct of any activities included in the application are prohibited until a valid mining 
and reclamation permit is obtained. 

(2) The Board or Division shall act upon a completed application within 60 days of filing, but no sooner than the 
expiration of the 2 week public comment period (117(4),(5)). 

(3) The Board or Division shall approve a completed application filed in accordance with 2.02 if it finds, in writing, 
that the applicant has demonstrated that the exploration and reclamation described in the application: 
     (a) Will be conducted in accordance with 2.02, the Act, and these Rules; 
     (b) Will not jeopardize the continued existence of an endangered or threatened species listed pursuant to 
Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or the Nongame, Endangered or Threatened 
Species Conservation Act (Section 33-8-101 et seq., C.R.S.), or result in the destruction or adverse modification of 
critical habitat of those species; and 
     ( c) Will not adversely affect any National Natural Landmarks, Designated Natural Area or any cultural 
resources or districts, sites, buildings, structures, or objects listed on the National Register of Historic Places, 
unless the proposed exploration has been jointly approved by the Division and the State or Federal agency having 
jurisdiction in such matters. 

(4) Terms of approval. Each approval issued by the Board or Division shall contain conditions necessary to ensure 
that the exploration and reclamation will be conducted in compliance with the Act and these Rules. 

(5) Upon approval by the Board or Division but prior to initiating exploration the applicant shall post a reclamation 
performance bond pursuant to 3.05. 

2.02.5    Applications: Notice and Hearing for Exploration Involving Removal of More Than 250 Tons of 
          Coal.                                   {{ 30 CFR 772.12 }}
(1) The Board or Division shall notify the applicant, the appropriate local government officials and any other 
commenters on the application, in writing, of its decision to approve or disapprove the application. If the application 
is disapproved, the notice to the applicant shall include statement of reason for disapproval. The Division or Board 
shall provide public notice of approval or disapproval of each application, by publication in a newspaper of general 
circulation in the general vicinity of the proposed operations. 

(2) Any person with an interest which is or may be adversely affected by a decision of the Board or Division 
pursuant to (1) above, shall have the opportunity for administrative and judicial review in accordance with Colorado 
law and as referenced at 2.07.4(3). 

2.02.6    General Coal Exploration Compliance Duties.       {{ 30 CFR 772.13 }}
(1) Any person who conducts any coal exploration activities which cause substantial
disturbance of the natural land surface as determined by the Division, in violation
of these Rules or the Act, shall be subject to the provisions of Rule 5 (117(3),(5)).

(2) The Division may request, and any person who conducts any coal exploration activities shall furnish to the 
Division, sufficient information to facilitate the Division's investigation of possible environmental damage or 
complaints submitted to the Division. Such requested information may include but need not be limited to 
stratigraphic findings, test hole logs and related data. (117(5)). 

(3) Any person conducting coal exploration activities which the Division has determined will cause substantial 
disturbance of the natural land surface or which will involve the removal of more than 250 tons of coal shall submit: 
     (a) A report for each successive 180-day period during coal exploration activities, no later than 10 days 
after the end of that period. A report will not be required for 180-day periods of inactivity. Such reports shall 
include, but need not be limited to, an update of the map submitted under 2.02.3(1)(e), showing the location of all 
holes drilled; additional, deleted or relocated holes; any road construction; current location of all drill rigs 
and test equipment; and areas disturbed, graded and seeded. 
     (b) A final written report, no later than 30 days after the end of the entire period for which notice of intent 
was filed or written approval was granted, to include but not necessarily limited to: 
          (i) A final update of the map submitted in 2.02.3(1)(e) showing the location of all holes drilled, 
any road construction, areas disturbed and all areas reclaimed. 
          (ii) A certification of completion by the person who conducted the coal exploration as follows: "I, 
the undersigned, hereby certify the exploration activities for which I posted bond are completed, and that, to the best 
of my knowledge, all the applicable reclamation requirements have been met." The certification shall be dated, 
signed and notarized. 

(4) Time estimates for coal exploration may be extended by the Board or Division upon receipt of a written request
for such extension. This request shall be submitted to the Division no less than 10 days prior to the original estimate 
of completion contained in the original approval or subsequent extension. Such request shall include valid reasons 
for the extension (117(5)).

2.02.7    Sale of Coal for Testing Purposes            {{ 30 CFR 772.14 }}
(1) Except as provided under (2), any person who intends to commercially use or sell coal extracted during coal 
exploration operations under an exploration permit, shall first obtain a permit to conduct surface coal mining 
operations for those operations. 

(2) With the prior written approval of the Division, no permit to conduct surface coal mining operations is required 
for the sale or commercial use of coal extracted during exploration operations if such sale or commercial use is for 
coal testing purposes only. The person conducting the exploration shall file an application for such approval with the 
Division. The application shall demonstrate that the coal testing is necessary for the development of a surface coal 
mining and reclamation operation for which a surface coal mining permit application is to be submitted in the near 
future, and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the 
purpose of testing the coal. The application shall contain the following: 
     (a) The name of the testing firm and the locations at which the coal will be tested. 
     (b) If the coal will be sold directly to or commercially used directly by the intended end user, a statement 
from the intended end user or, if the coal is sold indirectly to the intended end user through an agent or broker, a 
statement from the agent or broker. The statement shall include: 
          (i) The specific reason for the test, including why the coal may be so different from the intended 
user's other coal supplies as to require testing; 
          (ii) The amount of coal necessary for the test and why a lesser amount is not sufficient; and 
          (iii) A description of the specific test that will be conducted. 
     ( c) Evidence that sufficient reserves of coal are available to the person conducting exploration or its 
principals for future commercial use or sale to the intended end user or agent or broker of such user identified above 
to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve. 
     (d) An explanation as to why other means of exploration, such as core drilling, are not adequate to 
determine the quality of the coal and/or the feasibility of developing a surface coal mining operation. 

2.02.8    Public Availability of Information.
(1) Except as provided in (2) below, all information submitted to the Division under 2.02 shall be made available for 
public inspection and copying at the courthouse or other public office designated by the Division in the vicinity of 
the proposed exploration area and at the Division office (117(5)). 

(2) (a) Information submitted to the Division pursuant to this Rule 2.02 as confidential concerning trade secrets or 
privileged commercial or financial information which relates to the competitive rights of the person or entity 
intending to explore the described area shall not be available for public examination. Such information shall be 
clearly marked and submitted in a packet separate from the notice of intent or application. 
     (b) Information requested to be held as confidential under 2.02.7 shall not be made publicly available until 
after notice and opportunity to be heard is afforded both persons seeking disclosure and those persons opposing 
disclosure of information and such information is determined by the Division not to be confidential, proprietary 
information. Information for which disclosure is sought shall not be made available to those persons seeking 
disclosure prior to or during such opportunity to be heard. Such information shall not be made available until a final 
decision is made by the Board  (117(2)). 

2.03      APPLICATION FOR PERMIT FOR SURFACE COAL MINING AND RECLAMATION 
          OPERATIONS: MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND 
          RELATED INFORMATION.
2.03.1    Objective.                              {{ 30 CFR 778.1 }}
The objective of 2.03 is to ensure that the Division receives all relevant information regarding ownership and control 
of surface coal mining operations, the ownership and control of the property to be affected by those operations, the 
compliance history and status of the applicant and other relevant persons, and other important information required 
in the application. 

2.03.2    Responsibilities (110(1)).                   {{ 30 CFR 778.1 }}
It is the responsibility of the permit applicant to provide to the Division a written application to perform surface coal 
mining and reclamation operations.

2.03.3    Format and Supplemental Information.         {{ 30 CFR 740.13, 777.11, 777.13 & 777.15 }}
(1) Information in the application shall be current, presented clearly and concisely, and supported by appropriate 
references to technical and other written material available to the Division (110). 

(2) All tests, analyses or surveys carried out pursuant to these Rules shall be performed or certified by a qualified 
person. 

(3) All chemical and physical laboratory analyses shall be conducted by a laboratory using approved and 
standardized procedures. The Division may require the applicant to collect duplicate or split samples for submission 
to the Division and later analyses. In specific instances the Division may require that analyses be conducted by a 
mutually agreed upon independent laboratory. 

(4) All water quality sampling and laboratory analyses shall be conducted in accordance with the current edition of
"Standard Methods for the Examination of Water and Wastewater", or the methodology in 40 CFR 136 and 434. 
"Standard Methods for the Examination of Water and Wastewater" is a joint publication of the American Public 
Health Association, the American Water Works Association, and the Water Pollution Control Federation and is 
available from the American Public Health Association, 1015 Fifteenth Street, NW, Washington, D.C. 20036. This 
document is also available for inspection at the Division's Denver office. This publication is hereby incorporated by 
reference as it exists on the date of adoption of these regulations. This rule does not include later amendments to or 
editions of the incorporated material. Certified copies of the material are available at cost upon request. The Division 
director can provide further information regarding how the incorporated material may be obtained or examined. 

(5) All technical data submitted in the application shall be accompanied by: 
     (a) Names of persons or organizations which collected and analyzed such data; 
     (b) Dates of collection and analyses; and 
     ( c) Descriptions of methodology used to collect and analyze the data. 

(6) An application for a surface coal mining and reclamation permit shall be made on forms provided by the 
Division. 

(7) With the information on land uses, soils, geology, vegetation, fish and wildlife, water quantity and quality, air 
quality, and archeological, cultural and historic features, the applicant shall submit the name, address, and position of 
officials of each private or academic research organization or governmental agency consulted in obtaining that 
information. 

(8) The applicant shall file with the Division three (3) reproducible copies of the complete permit application with 
original signatures. Applicants proposing to mine Federal coal shall file the required number of copies with the 
Office of Surface Mining. 

(9) A responsible official of the applicant shall certify that the information contained in the application is true and 
correct to the best of the official's information and belief. 

2.03.4    Identification of Interests.            {{ 30 CFR 773.17, 778.13, 778.14 & 843.11 }}
Each application shall contain the following information, except that the submission of a social security number is 
voluntary (110(1),(2)). 

(1) Each application shall contain a statement of whether the applicant is a corporation, partnership, single 
proprietorship, association or other business entity. 

(2) The name, address, telephone number and, as applicable, social security number and employer identification 
number of the: 
     (a) Applicant; 
     (b) Applicant's resident agent; and 
     ( c) Person who will pay the abandoned mine land reclamation fee. 

(3) For each person who owns or controls the applicant under the definition of "owned or controlled" and "owns and 
controls" in 1.04(83a), as applicable: 
     (a) The person's name, address, social security number and employer identification number; 
     (b) The person's ownership or control relationship to the applicant, including percentage of ownership and 
location in organizational structure; 
     ( c) The title of the person's position, date position was assumed, and when submitted under 2.07.7(5), date 
of departure from the position; 
     (d) Each additional name and identifying number, including employer identification number, Federal or 
State permit number, and MSHA number with date of issuance, under which the person owns or controls, 
or previously owned or controlled, a surface coal mining and reclamation operation in the United States within the 
five years preceding the date of the application; and 
     (e) The application number or other identifier of, and the regulatory authority for, any other pending surface 
coal mining operation permit application filed by the person in any state in the United States. 

(4) For any surface coal mining operation owned or controlled by either the applicant or by any person who owns or 
controls the applicant under the definition of "owned or controlled" and "owns and controls" in 1.04.(83a), the 
operation's: 
     (a) Name, address, identifying numbers, including employer identification number, Federal or State permit 
number, the regulatory authority, MSHA number, and the date of issuance of the MSHA number; and 
     (b) Ownership or control relationship to the applicant, including percentage of ownership and location in 
organizational structure. 

(5) After an applicant is notified that his or her application is approved, but before the permit is issued, the applicant 
shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted 
under 2.03.4(1) through (4). 

(6) Each permit application shall contain the names and addresses of (110(1),(2)): 
     (a) Every legal or equitable owner of record of the property to be mined by surface coal mining activities or 
for underground mining activities, areas to be affected by surface operations and facilities incidental thereto, and 
every legal or equitable owner of record of the coal to be mined (110(2)(b)(I)); 
     (b) The holders of record of any leasehold interest in the property to be mined by surface coal mining 
activities, or for underground mining activities, area to be affected by surface operations and facilities incidental 
thereto, and any purchaser of record under a real estate contract of the coal to be mined (110(2)(b)(II)); 
     ( c) Any purchaser of record under a real estate contract of the property to be mined by surface coal mining 
activities or for underground mining activities, areas affected by facilities incidental thereto, and any purchaser of 
record under a real estate contract of the coal to be mined (110(2)(b)(III)); 

(7) Each application shall contain the names and addresses of the owners of record of all surface and subsurface 
areas contiguous to any part of the proposed permit area. 

(8) Each application shall contain the name of the proposed mine and the Mine Safety and Health Administration 
identification number for the mine and all sections, if any. 

(9) Each application shall contain a statement of all lands, interests in lands, options, or pending bids on interests 
held or made by the applicant for lands which are contiguous to the area to be covered by the permit. Information 
required by this paragraph may be considered confidential for purposes of these rules if the requirements of 2.07.5 
are met. 

(10) The applicant shall submit the information required by 2.03.4 and by 2.03.5. 

2.03.5    Compliance Information. Each application shall contain:     
     {{ SMCRA Sec. 510( c) & 30 CFR 773.17, 778.13, 778.14 & 843.11 }}
(1) A statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control 
with the applicant has (110(2)(f)): 
     (a) Had a Federal or State mining permit for surface coal mining operations suspended or revoked in the last 
five years prior to the date of submission of the application; or 
     (b) Forfeited a mining bond or similar security deposited in lieu of bond. 

(2) If any such suspension,  revocation or forfeiture has occurred, a statement of the facts involved, including:  
     (a) Identification number and date of issuance of the permit or date and amount of bond or similar security; 
     (b) Identification of the authority that suspended or revoked a permit or forfeited a bond and the stated 
reasons for that action; 
     ( c) The current status of the permit, bond, or similar security involved; 
     (d) The date, location, and type of any administrative or judicial proceedings initiated concerning the 
suspension, revocation or forfeiture; and 
     (e) The current status of these proceedings. 
 
(3) A list of all violation notices received by the applicant during the three year period preceding the application 
date, for any violation of a provision of the Act, or of any law, rule or regulation of the United States, or of any State 
law, rule or regulation enacted pursuant to Federal law, rule or regulation pertaining to air or water environmental 
protection incurred in connection with any surface coal mining operation, and a list of all unabated cessation orders 
and unabated air and water quality violation notices received prior to the date of the application by any surface coal 
mining and reclamation operation owned or controlled by either the applicant or by any person who owns or controls 
the applicant. For each violation notice or cessation order reported, the lists shall include the following information, 
as applicable (114(3)): 
     (a) Any identifying numbers for the operation, including the Federal or State permit number and MSHA 
number, the dates of issuance of the violation notice and MSHA number, the name of the person to whom the 
violation notice was issued, and the name of the issuing regulatory authority, department or agency; 
     (b) A brief description of the particular violation alleged in the notice; 
     ( c) The date, location and type of any administrative or judicial proceedings initiated concerning the 
violation, including, but not limited to, proceedings initiated by the applicant to obtain administrative or judicial 
review of the violations; 
     (d) The current status of the proceedings and of the violation notice;
     (e) The actions, if any, taken by the  applicant to abate the violation; and 
     (f) The final resolution of any notice of violation. 

(4) After an applicant is notified that his or her application is approved, but before the permit is issued, the applicant 
shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted 
under this section.

2.03.6    Right of Entry and Operation Information.         {{ 30 CFR 778.15 }}
(1) Each application shall contain a complete and detailed legal description of the proposed permit  boundary, a
description of the documents upon which the applicant bases his or her legal right to enter and begin  surface coal
mining operations in the permit area, and a statement as to whether that right is the subject of pending litigation. The 
description shall identify those documents by type and date of execution, identify the specific lands to which the 
document pertains, and explain the legal rights claimed by the applicant (110(2)(j)). 

(2) Where the private mineral estate to be mined has been severed from the private surface estate (in circumstances
involving the surface mining of coal or where underground mining activities concurrently involve the surface mining
of coal) the application shall also provide, for lands to be affected within the permit area (114(2)(e)): 
     (a) A copy of the written consent of the surface owner to the extraction of coal by surface mining methods  
(114(2)(f)(I)); or 
     (b) A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by
surface mining methods (114(2)(f)(II)); or 
     ( c) If the conveyance does not expressly grant the right to extract the coal by surface mining methods, 
documentation that under the applicable State law, the applicant has the legal authority to extract the coal by these 
methods (114(2)(f)(II)). 

(3) Nothing in 2.03 shall be construed as vesting in the Division or Board the jurisdiction to adjudicate property right
disputes (114(2)(f)(II)). 

2.03.7    Relationship to Areas Designated Unsuitable for Mining.     {{ 30 CFR 778.16 }}
(1) Each application shall contain a statement of available information on whether the proposed permit area is within
an area designated unsuitable for surface coal mining operations under Rule 7 of these Rules or         30  CFR 764
and 769 or under study for designation in an administrative proceeding under Rule 7 or 30 CFR 764  and 769
(114(2)(d)).

(2) If an applicant claims that the proposed permit area should not be included within an area designated, or under 
study for designation, as unsuitable for surface coal mining operations because he or she has made substantial legal 
and financial commitments, in relation to the operation for which he or she is applying for a permit, prior to January 
4, 1977, the application shall contain information supporting such an assertion.

(3) If an applicant proposes to conduct surface mining activities or conduct or locate surface operations  or facilities
within 300 feet measured horizontally of an occupied dwelling, the application shall contain the written  waiver of
the owner of the dwelling which states that the owner and signator had the legal right to deny mining and  knowingly
waived that right. The waiver must be knowingly made and separate from a lease or deed unless the lease  or deed
contains an explicit waiver (114(2)(g)(v)). 

2.03.8    Permit Term Information.                {{ 30 CFR 778.17 }}
(1) Each application for surface mining activities shall state the anticipated or actual starting and termination date of 
each phase of the surface mining activities and the anticipated number of acres of land to be affected for each phase 
of mining and over the total life of the permit (110(2)(i)). 

(2) Each application for underground mining activities shall state the anticipated or actual starting date and 
termination date of each phase of the underground mining activities and the anticipated number of acres of surface 
lands to be affected, and the horizontal and vertical extent of proposed underground mine workings, for each phase 
of mining and over the total life of the permit.

(3) If the applicant proposes to conduct the surface or underground mining activities in excess of 5 years, the 
application shall contain the information needed for the showing required under 2.01.5. 

2.03.9    Personal Injury and Property Damage Insurance Information.  
     {{ SMCRA Sec. 507(f) & 30 CFR 778.18, 800.12, 800.13 & 800.60 }}
(1) Prior to issuance of a permit each applicant shall submit to the Division for inclusion in the permit  application, a
certificate certifying that the applicant has a public liability insurance policy in force for the surface coal mining and
reclamation operation for which the permit is sought. The certificate shall provide for personal  injury and property
damage protection in an amount adequate to compensate any persons injured or property  damaged as a result of
surface coal mining and reclamation operations, including use of explosives, and entitled to compensation under the
applicable provisions of State law. Minimum insurance coverage for bodily injury shall be  $300,000 for each
occurrence and $500,000 aggregate; and minimum insurance coverage for property damage shall  be $300,000 for
each occurrence and $500,000 aggregate (110(5)). 

(2) The policy shall be maintained in full force during the life of the permit and any renewal thereof, including 
completion of all reclamation operations under Rule 4. 

(3) The policy shall include a rider requiring that the insurer notify the Division whenever substantive changes are 
made in the policy, including any termination or failure to renew. 

(4) The Division may accept from the applicant, in lieu of a certificate for public liability insurance policy, 
satisfactory evidence from the applicant that it has satisfied applicable State or Federal self-insurance requirements. 

2.03.10   Identification of Other Licenses and Permits.
Each application shall contain a list of all other licenses and permits needed by the applicant to conduct the 
proposed surface or underground mining activities. This list shall identify each license and permit by (110(8)): 

(1) Type of permit or license; 

(2) Name and address of issuing authority; 

(3) Identification numbers of applications for those permits or licenses, or, if issued, the identification numbers of the 
permits or licenses; and 

(4) If a decision has been made, the date of approval or disapproval by each issuing authority. 

2.03.11   Identification of Location of Public Office for Filing of Application. 
Each application shall identify, by name and address, the public office where the applicant will simultaneously file a 
copy of the application for public inspection under 2.07.3(4) (110(2)(g)).

2.03.12   Newspaper Advertisement and Proof of Publication.      {{ 30 CFR 778.21 }}
A copy of the newspaper advertisement of the application and proof of the publication of the  advertisement shall be
filed with the Division and made a part of the complete application, not later than 4 weeks  after the last date of
publication required under 2.07.3(2) (110(2)(g)).

2.04      APPLICATION FOR PERMIT FOR SURFACE OR UNDERGROUNDMINING ACTIVITIES - 
          MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES 
2.04.1    Objectives.                             {{ 30 CFR 779.2 & 783.2 }}
The objectives of 2.04 are to ensure that each application provides the Division a complete and accurate description 
of the environmental resources that may be impacted or affected by proposed surface coal mining operations (111). 

2.04.2    Responsibilities.                       {{ 30 CFR 779.4 & 783.4 }}
(1) It is the responsibility of the applicant to provide, except where specifically exempted, all information required 
by 2.04 in the application. 

(2) It is the responsibility of State and Federal government agencies to provide information for applications as 
specifically required by 2.04 (106(2)). 

2.04.3    General Requirements: Site Description and Land Use Information (110(2)). 

     {{ 30 CFR 779.11, 779.25, 780.23, 783.11 & 784.15 }}
(1) Each permit application shall include a description of the existing, premining environmental resources  within the
proposed permit area and adjacent areas that may be affected or impacted by the proposed surface or  underground
mining activities (110(2)). 

(2) The application shall contain a statement of the condition, capability, and productivity of the land within the 
proposed permit area, except for underground mining which shall cover only those areas affected or to be affected by 
surface operations and facilities, including: 
     (a) A map, prepared according to the requirements of 2.10, and supporting narrative of the uses of  the land
existing at the time of the filing of the application, in accordance with land use categories established in the  land use
definition in 1.04. If the premining use of the land was changed within the five years prior to the date  operations are
proposed to begin, the historic use of the land shall also be described (111(1)(b)(I,II,III)). 
     (b) A narrative of land capability and productivity which analyzes the land-use description under 2.04.3(2)
in conjunction with the other environmental resources information required under 2.04.3. The narrative shall provide 
analyses of: 
          (i) The capability of the land before any mining to support a variety of uses, giving consideration
to soil and  foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area 
(111(1)(b)(II)); and 
          (ii) The productivity of the proposed permit area before mining, expressed as average yield of
food,  fiber, forage, or wood products from such lands obtained under high levels of management. The productivity
shall be  determined by yield data or estimates for similar sites based on current data from the U.S. Department of 
Agriculture, State agricultural universities or appropriate State natural resources or agricultural agencies
(111(1)(b)(III)). 

(3) The application shall state whether the proposed permit area has been previously mined, and, if so, the following 
information, if available: 
     (a) The type and description of mining method used; 
     (b) The coal seams or other mineral strata mined; 
     ( c) The extent of coal or other mineral removed; 
     (d) The approximate dates of past mining; and 
     (e) The uses of the land preceding mining. 
     (f) The location and extent of acreage disturbed by previous surface coal mining and reclamation 
operations. 

(4) The application shall contain a description of the existing land uses and land use classification under local law, if 
any, of the proposed permit area and adjacent areas. 

2.04.4    Cultural and Historic Resource Information.       {{ 30 CFR 779.12 & 783.12 }}
(1) The application shall contain a description of the cultural and historic resources listed or eligible for  listing on
the National Register of Historic Places and significant known archaeological sites existing on the date of 
application within all areas proposed or likely to be affected by surface activities or planned or probable subsidence 
over the life of the mine. The description shall be based on all available information, including, but not limited to, 
data of State and local archaeological, historical, and cultural preservation agencies (110(2)(n)). 

(2) The Division may require the applicant, for good cause shown, to identify and evaluate important historic and 
archeological resources that may be eligible for listing on the National Register of Historic Places through collection 
of additional information, conducting of field investigations, or other appropriate analyses. 

2.04.5    General Description of Hydrology and Geology.
(1) Each application shall contain a description and map, prepared in accordance with 2.10, of the  geology, surface
and ground water systems, including water quality and quantity, of all lands within the proposed  permit area, the
adjacent area, and the general area. The description shall include information on the characteristics  of all surface
and ground waters within the general area, and any water which will flow into or receive discharges of  water from
the general area. The description shall be prepared according to 2.04.5 and 2.04.7, and conform to the  following 
(110(2)(k) and 110(2)(l)): 
     (a) Information on surface and groundwater systems including water quality, water quantity, and geology 
related to the hydrology of areas outside the permit area and within the general area shall be provided by the 
Division, to the extent that this data is available from an appropriate Federal or State agency. 
     (b) If this information is not available from those agencies, the applicant may gather and submit this 
information to the Division as part of the permit application. 
     ( c) The permit shall not be approved by the Division until this information is made available in the 
application. 

(2) The use of approved modeling techniques may be included as part of the permit application, but the same surface 
and ground water information may be required for each site as when models are not used. 

(3) Permit applications may comply with the requirements of 2.04.5(1), 2.04.6(1)(a), 2.04.6(2)(a) and 2.04.7 by 
providing accurate descriptive and predictive information relating to geology, water quality and quantity for the area 
to be affected over the estimated life of the operation based upon extrapolation by an expert in the field from 
documented data on the geology, water quality and quantity of similar areas, provided that the data used by the 
expert is included within the permit application, the expert opinion is approved by the Division and all such data are 
made available to the public for review and comment. 

2.04.6    Geology Description.                         {{ 30 CFR 779.25 & 783.25 }}
(1) General Requirements The geology description shall include a description of the geology (stratigraphy 
and structure) within the proposed permit and adjacent areas. This description shall be sufficient in detail to: 
     (a) Define the relationship between structural geology and the occurrence, movement, quality and quantity 
of potentially impacted surface and ground water; 
     (b) Assist in determining the feasibility of the proposed reclamation plan; 
     ( c) Assess the potential for off-site material damage to the hydrologic balance; 
     (d) Assist in the preparation of the probable hydrologic consequence statement and the establishment of the 
hydrologic monitoring plan; and 
     (e) Assist in the preparation of the subsidence control plan under 2.05.6(6). 

(2) Surface Mining 
     (a) The description shall include a general statement of the geology(stratigraphy and structure) within the
proposed area to be affected over the life of the operation down to and  including the first aquifer and other coal
seams, if any, below the lowest coal seam to be mined. A geologic map with  geologic cross-sections of the permit
area, prepared in accordance with 2.10, shall accompany the descriptions and  include the following (110(2)(o),
110(2)(p) and 110(7)): 
          (i) Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the 
seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be 
mined; 
          (ii) The proposed permit area, including coal outcrops and the strike and dip of the coal to be 
mined; 
     (b)(i) Test borings or core samples from the proposed permit area shall be collected and analyzed down to 
and including either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest 
coal seam to be mined which may be adversely affected by mining, whichever is deeper, in order to provide the 
following data in the description: 
               (A) Location of subsurface water zones, if encountered; 
               (B) Logs of drill holes, test borings or other sampling methods as approved by the 
Division showing the lithologic characteristics and thickness of each stratum and each coal seam; 
               ( C) Physical properties of each stratum within the overburden and interburden including 
texture, overall swell, and other information sufficient to determine compatibility, erodability and an overall estimate 
of overburden and interburden swell; 
               (D) Chemical analysis of each stratum within the overburden and interburden and either 
the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be 
mined which may be adversely affected by mining, whichever is deeper, to identify, at a minimum, those horizons 
which contain potential acid-forming, toxic-forming, or alkalinity-producing materials; and 
               (E) Analyses of the coal seam, including, but not limited to, an analysis of the sulfur, 
pyrite, and marcasite content. 
          (ii) Borehole spacing and physical and chemical analyses of core samples shall be determined in 
consultation with the Division. 
          (iii) If required by the Division, test borings, core samplings or samples obtained by other methods 
approved by the Division shall be collected and analyzed to greater depths within the proposed permit area, or for 
areas outside the proposed permit area to provide for evaluation of the impact of the proposed activities on the 
hydrologic balance. 
          (iv) An applicant may request that the requirement for a statement of the results of the test borings 
or core samples be waived by the Division. The waiver may be granted only if the Division makes a written 
determination that the statement is unnecessary because other equivalent information is accessible to it in a 
satisfactory form. The source(s) of such equivalent information shall be referenced in the Division's written  
determination and the information itself shall be made readily accessible by the Division for public review as 
required by 1.08 if such information has not been determined to be of a confidential nature in accordance with 2.02.7 
and 2.07.5. 

(3) Underground Mining 
     (a) The description shall include a general statement of the geology  (stratigraphy and structure) within the
proposed area to be affected over the life of the operation, down to and  including the first aquifer, and other coal
seams, if any, below the lowest coal seam to be mined. The geology 
for the areas proposed to be affected by surface operations and facilities, those surface lands underlain by the coal to
be mined, and the coal to be mined shall be separately described as follows including a map and cross sections 
prepared to the standards of 2.10 which shows (110(2)(o), 110(2)(p) and 110(7)): 
          (i) Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the 
seam(s) to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be 
mined; 
          (ii) A geologic map with geologic cross sections of the proposed permit area, including coal crop 
lines and the strike and dip of the coal to be mined; 
          (iii) The geology for those surface lands within the permit area which are underlain by the coal 
seam to be extracted and the geology of the coal seam itself including: 
               (A) The logs of drill holes, test borings or other samples obtained by methods approved 
by the Division showing the lithologic characteristics, physical properties and thickness of each stratum which may 
be impacted; 
               (B) The location of subsurface water if encountered; 
               ( C) Chemical analysis of the coal seam for acid-forming or toxic-forming materials 
including, but not limited to, the pyrite, marcasite and sulphur content; 
               (D) The chemical analysis of the stratum immediately above and below the coal seam to 
be mined or any other stratum to be affected, for acid-forming, toxic-forming, or alkalinity-producing materials and 
their content as determined by the Division; and 
               (E) For proposed room and pillar mining operations, the thickness and engineering 
properties of clays or clay shale, if any, in the stratum immediately above and below each coal seam to be mined. 
          (iv) The geology of the strata down to and including either the stratum immediately below any coal 
seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining, 
whichever is deeper, shall be described for those areas to be affected by surface operations or facilities only in those 
cases where the strata will be removed or is already exposed down to the level of the coal seam to be mined, 
including the following data resulting from an analysis of test borings, core samples or outcrop samples: 
               (A) The location of subsurface water, if encountered, and the location of where 
subsurface water will be exposed at the face-up area; 
               (B) The logs of drill holes, test borings, or other sampling methods as approved by the 
Division showing the lithologic characteristics of each strata to be affected; 
               ( C) The physical properties of the strata immediately above and below the coal seam 
affected, including texture, and other information sufficient to determine compactability and clay content; 
               (D) The chemical analyses of the stratum immediately above and below the coal seam to 
be mined, or any other stratum to be affected, to identify at a minimum, those horizons which contain potential   
acid-forming, toxic-forming, or alkalinity-producing materials. 
          (v) The near surface geology of those surface operations and facilities not underlain by the coal 
seam to be extracted shall be described, including the following data resulting from analyses of test borings, core 
samplings or outcrop samples: 
               (A) A description of near-surface strata beneath the disturbed area; 
               (B) The lithologic characteristics of the strata to be affected, including physical and 
chemical properties identifying, at a minimum, texture; and analyses to identify those horizons which contain 
potential acid-forming, toxic-forming or alkalinity-producing materials. 
     (b) An applicant may request the Division waive in whole or in part the requirements of 2.04.6(3)(a)(iii) and 
(iv). The waiver may be granted only  if the Division makes a written determination that the collection and analysis 
of such data is unnecessary because other equivalent information is available to the Division in a satisfactory form. 

2.04.7    Hydrology Description.   
      {{ 30 CFR 779.15, 779.16, 779.17, 780.21, 783.15, 783.16, 783.17 & 784.14 }}
(1) Ground Water Information 
     (a) The application shall contain a description of the ground water hydrology for the proposed  permit and
adjacent area, including, at a minimum (110(2)(l)): 
          (i) The depth below the surface and the horizontal extent of the potentiometric surface of each 
aquifer above, within and, if potentially impacted, below the lowest coal seam to be mined; 
          (ii) The lithology and thickness of the aquifers; 
          (iii) The seasonal quantity and quality of the water within each aquifer; 
          (iv) Ownership, uses and location information for all existing wells, springs and other developed 
ground water resources; and 
          (v) The quality of the subsurface water. Water quality sampling and laboratory analyses will be 
conducted in accordance with 2.03.3(4) and shall include: 
               (A) Total dissolved solids or specific conductance corrected to 25E C; 
               (B) pH; 
               ( C) Total iron; and 
               (D) Total manganese. 
     (b) The application shall contain additional information which describes the recharge, storage, and 
discharge characteristics of aquifers and the quality and quantity of ground water for the proposed permit and 
adjacent areas, according to the parameters and in the detail required by the Division. The application shall also 
provide well locations and reported yields from all wells within the proposed permit and adjacent areas which are 
registered with the Office of the State Engineer. 

(2) Surface Water Information
     (a) Surface water information shall be provided, including the name of the watershed  which will receive
water discharges from the permit area, the location of all surface water bodies such as streams,  lakes, ponds and
springs, the location of any water discharge into any surface body of water, and descriptions of  surface drainage
systems sufficient to identify, in detail, the seasonal variations in water quantity and quality within  the proposed
permit and adjacent areas. The application shall also contain information pertaining to ownership and  use of surface
water bodies (10(2)(k) and 110(2)(l)).  
     (b) Surface water information shall include: 
          (i) Minimum, maximum, and average flows which identify critical low flow and peak discharge 
rates of streams sufficient to identify seasonal variations; and 
          (ii) Water quality data from surface waters in, discharging into, or which will receive flows from 
surface or ground water from affected areas within the proposed permit area, sufficient to identify seasonal 
variations. Water quality sampling and laboratory analyses will be conducted in accordance with 2.03.3(4) and shall 
include: 
               (A) Total dissolved solids or electrical conductivity corrected to 25 degrees centigrade 
(specific conductance); 
               (B) Total suspended solids in milligrams per liter; 
               ( C) Acidity; 
               (D) pH; 
               (E) Total and dissolved Iron, in milligrams per liter; 
               (F) Total Manganese, in milligrams per liter; and 
               (G) Such other information as the Division, for good cause shown, determines is relevant. 

(3) Alternative Water Supply Information. The application shall identify the extent to which the proposed  surface
coal mining operations may proximately result in contamination, diminution, or interruption of an  underground or
surface source of water within the proposed permit area and adjacent areas for domestic, agricultural,  industrial, fish
and wildlife, or other legitimate use. If contamination, diminution, or interruption may result, then the  description
shall identify the alternative sources of water supply or sources of augmentation water that could be  developed to
replace the existing sources. The alternate or substituted water shall be of a quality and quantity so as to  meet the
requirements for which the water has normally been used. (See Article 83 and 92 of Title 37 of the  Colorado
Revised Statutes.) (110(2)(l))

(4) A map prepared according to the standards of 2.10 showing:
     (a) The locations of water supply intakes, ditches, reservoirs, and wells within a one mile minimum radius 
of the affected area, current users of surface water flowing into, out of, and within a hydrologic area defined by the 
Division, and those surface waters which will receive discharges from affected areas in the proposed permit area and 
adjacent area; 
     (b) Elevations and locations of monitoring stations used to gather data for water quality and quantity. 
     ( c) Location and extent of sub-surface water, if encountered, within the proposed permit and adjacent areas, 
including but not limited to areal and vertical distribution of aquifers, and estimate of seasonal variations of aquifer 
characteristics on cross sections and contour maps as appropriate. 
     (d) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, 
and irrigation ditches within the proposed permit and adjacent areas; 
     (e) Location and dimension of existing areas of spoil, waste, and non-coal waste disposal, dams, 
embankments, other impoundments, and water treatment and air pollution control facilities within the proposed 
permit area; 
     (f) Location, and depth, if available, of gas and oil wells within the proposed permit area and water wells in 
the permit area and adjacent area; and 
     (g) Elevation and location of test borings and core samplings. 

(5) Permit applications may comply with the requirements of 2.04.7(4)(c) and 2.04.7(2)(a) & (b) regarding  the
seasonal variability of surface and groundwater quality and quantity without the collection of data covering 12 
consecutive months if accurate statistical procedures, approved by the Division, are used to extrapolate from a data 
base covering a shorter period of time (109(2)).

2.04.8    Climatological Information.                  {{ 30 CFR 779.18 }}
(1) When requested by the Division the application shall contain a statement of the climatological factors  that are
representative of the proposed permit area, including (110(2)(m)):
     (a) The mean monthly precipitation; 
     (b) The average direction and velocity of the prevailing winds; and 
     ( c) Mean monthly temperature and temperature ranges. 

(2) The Division may for good cause shown request additional climatological data as deemed necessary to ensure 
compliance with the requirements of 2.04.8. 

(3) Permit applications may comply with these requirements regarding seasonal variability of climatological factors 
without the collection of data covering 12 consecutive months if accurate statistical procedures, approved by the 
Division, are used to extrapolate from a data base covering a shorter period of time.

2.04.9    Soils Resource Information (110(8)).              {{ 30 CFR 779.21 & 783.21 }}
(1) The applicant shall provide adequate soils information for those portions of the permit area to be disturbed by 
surface operations and facilities. Such information shall include at a minimum the following site specific 
information, or information properly extrapolated from adjacent or similar areas of the same soil type, where the 
Division determines, in its discretion, such extrapolation is appropriate. 
     (a) Description, sampling and analysis of soil horizons in sufficient detail to determine the horizons suitable 
for salvage; 
     (b) Soils analysis for representative samples of each soil horizon for each soil type with analyses conducted 
using standardized soil testing procedures. Soil testing parameters shall include: 
          (i) pH; 
          (ii) Salt hazard (electrical conductivity); 
          (iii) Sodium Absorption Ratio or exchangeable sodium percentage; 
          (iv) Texture; 
          (v) Other analyses as required by the Division for good cause shown; and 
          (vi) The Division may waive any of the above parameters based upon a demonstration by the 
applicant that the parameter is not necessary based on site specific conditions. 
     ( c) A soils map or enlarged aerial photo of the same scale as the permit area map shall be provided which 
accurately portrays: 
          (i) Soil sample locations except for those obtained from published reports; and 
          (ii) The horizons which the operator proposes to salvage within each portion of the permit area. 
     (d) A narrative or table shall be provided which addresses the suitability of each major soil horizon as a 
plant growth media based on its physical and chemical characteristics. 
     (e) A discussion of present and potential productivity of soils. 

(2) The intensity of soil sampling and the number of samples to analyze shall be based on the complexity and 
variability of soils within the permit area. 

(3) Where the applicant proposes to use selected overburden materials as a supplement or substitute to topsoil, the 
application shall provide results of the analyses, trials, and tests required under 4.06.2. 

2.04.10   Vegetation Information.                 {{ 30 CFR 779.19, 779.24, 783.19 & 784.24 }}
(1) The permit application shall contain a vegetation map, prepared in accordance with 2.10, which delineates plant 
communities within the permit area, or in case of underground mining any area to be affected by surface operations 
or facilities, and within any proposed reference area(s). The delineation of plant communities shall be on the basis of 
the visually dominant perennial species (110(8), 111(1)(b)(II), 111(1)(e) and 111(1)(g)). 

(2) If the applicant intends to use reference area(s) to evaluate the success of revegetation, as described in 4.15.7(4), 
the proposed locations of these reference area(s) must be included on the vegetation map. 

(3) The vegetation map shall include sufficient adjacent areas to allow evaluation of vegetation as important habitat 
for fish and wildlife for those species of fish and wildlife identified under 2.04.11. An aerial photograph, with the 
plant communities delineated, may be used in lieu of a vegetation map for this purpose. 

(4) Plant communities shall be described in terms of species composition, cover, productivity and woody plant 
density. The application shall include a discussion of environmental factors controlling or limiting distribution of 
species, such as elevation, slope, aspect, soils, water availability and past management. Current condition shall be 
discussed for each community type or portion thereof if significant differences exist within a type. 

(5) The potential for impacts to rare and endangered plant species shall be evaluated in accordance with 
requirements of 2.05.6(2)(a)(iii). 

2.04.11   Fish and Wildlife Resources Information.               {{ 30 CFR 780.16 & 784.21 }}
(1) Each application shall include a study of fish and wildlife and their habitats within the proposed permit  area and
portions of the adjacent area as determined by the Division, or in the case of underground mining, only  those areas
within the proposed permit area and portions of the adjacent area as determined by the Division where  surface
mining will be conducted or facilities located and the portions of the permit area where effects on such  resources
may reasonably be expected to occur (110(8)).

(2) Prior to initiating such studies, the applicant shall contact the Division to determine what fish and wildlife 
resources information will be required. 

(3) The Division, in consultation with the appropriate State and Federal fish and wildlife management, conservation, 
or land management agencies having responsibilities for fish and wildlife or their habitats, shall determine the level 
of detail and the areas of such studies, according to: 
     (a) Published data and other information; 
     (b) Site-specific information obtained by the applicant; and 
     ( c) Written guidance obtained from agencies consulted. 

(4) The potential for impacts to rare and endangered animal species shall be evaluated by the Division in 
consultation with appropriate Federal and State agencies. 

2.04.12   Prime Farmland Investigation.                {{ 30 CFR 785.17 }}
(1) For areas where mining was not authorized under permits issued or mining plans  approved prior to August 3,
1977, the applicant shall conduct a preapplication investigation of the proposed permit  area, or, in the case of
underground mining, only those areas proposed to be disturbed by surface operations or  facilities, to determine
whether lands within the area may be prime farmland. The Division, following consultation  with the U.S. Soil
Conservation Service, shall determine the nature and extent of the required prime farmland investigation (110(2)(q)
and 111(1)(b)(II)).

(2) Land shall not be considered prime farmland where the applicant can demonstrate one of the following: 
     (a) The land has not been historically used as cropland; 
     (b) The slope of the land is 6 percent or greater; 
     ( c) The land is not irrigated or naturally subirrigated, has no developed irrigation water supply that is 
dependable or of adequate quality; 
     (d) A very rocky surface exists, or the land is frequently flooded during the growing season, more often than 
once in 2 years, and the flooding has reduced crop yields; 
     (e) The growing season is less than 90 days; 
     (f) On the basis of a soil survey of lands within the permit area, there are no soil map units that have been 
designated prime farmland by the U.S. Soil Conservation Service; or 
     (g) Other factors as determined by the Secretary of Agriculture to show that the land is not prime farmland. 

(3) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit 
application a request for a negative determination which concludes that the land meets one of the criteria of 
2.04.12(2). 

(4) The applicant may submit, prior to making an application for a permit, a request for a negative prime farmland 
determination by the Division and a statement which identifies the rationale for a negative determination. 

(5) If the investigation indicates that land within the proposed permit area may be prime farmland historically used 
for cropland, the applicant shall contact the U.S. Soil Conservation Service to determine if a soil survey exists for 
those lands and whether the applicable soil map units have been designated prime farmland. If no survey has been 
made for the lands proposed to be affected by surface operations or facilities, the applicant shall cause such a survey 
to be made in accordance with Rule 2.06.6(2). 
     (a) When a soil survey of lands within the proposed permit area, or, in the case of underground mining, only 
those areas proposed to be disturbed by surface operations or facilities, contains soil map units which have been 
designated as prime farmlands, the applicant shall submit an application for such designated land in accordance with 
2.06.6. 
     (b) When a soil survey for lands within the proposed permit area, or, in the case of underground mining, 
only those areas proposed to be disturbed by surface operations or facilities contains soil map units which have not 
been designated as prime farmland after review by the U.S. Soil Conservation Service, the applicant shall submit a 
request for negative determination for nondesignated land with the permit application establishing compliance with 
2.04.12(2). 

2.04.13   Annual Reclamation Report.
(1) By February 15, or other such date as agreed on, each permittee shall file an annual reclamation report covering 
the previous calendar year for all areas under bond. The report shall include, but not be limited to, text, discussion 
and maps which address: 
     (a) The name and address of the permittee and permit number; 
     (b) Location and number of acres disturbed during that year; 
     ( c) Location and number of acres backfilled and graded during that year; 
     (d) Location and number acres topsoiled during that year; 
     (e) The species, location and number of acres of vegetation planted during that year, including any 
augmented seeding or cultural practices; and 
     (f) Location, number of acres and date of planting for all previously revegetated areas. 

(2) The permittee may provide additional monitoring information as required by the approved permit. 

2.05      APPLICATION FOR PERMIT FOR SURFACE OR UNDERGROUND MINING ACTIVITIES --
          MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLANS 
2.05.1    Objectives.                             {{ 30 CFR 780.2 & 784.2 }}
The objectives of 2.05 are to ensure that the Division is provided with comprehensive and reliable  information on
proposed surface coal mining and reclamation operations, and to ensure that those operations are  allowed to be
conducted only in compliance with these Rules and the Act. Information presented in the application  which
addresses 2.05 shall be referenced to the applicable environmental baseline information of 2.04 to  demonstrate that
a proposed operation is being conducted consistent with environmental resources information (110(3) and
111(1)(e)).

2.05.2    Operation Plan - Estimated Area for Life of Operation. 
     {{ 30 CFR 779.12, 780.11, 780.14 780.18, 783.12, 784.11, 784.13 & 784.23 }}
Each application shall contain a general description of all surface coal mining operations proposed to be  conducted
during the life of the operation. This general description shall include, at a minimum, the following  (111(1)(a)): 

(1) Production methods and equipment. A narrative description of the general type and method of  coal mining
procedures, engineering techniques, anticipated annual and total production of coal, by tonnage, and the  major
equipment to be used for all aspects of those operations and a description of the measures to be used to  maximize
the use and conservation of the coal resource as required in 4.01.1 (111(1)(a)). 

(2) Operation description. A general description and appropriate map(s), prepared in accordance with  2.10,
describing the area of land to be affected over the life of the operation, according to the anticipated sequence of 
mining and reclamation, and identifying each area of land for which it is anticipated a new, separate, five-year permit 
will be obtained and a performance bond will be posted throughout the operation and any change in a facility or 
feature shown under 2.10 which would result from the proposed operations (111(1)(a)).

2.05.3    Operation Plan - Permit Area.      
{{ 30 CFR 77.216, 780.12, 780.25, 780.37, 780.38, 784.16, 784.24, 784.25, 784.30, 816.151, 817.81 & 817.151 }}
Each application shall contain a detailed description of the specific mining operations proposed to be conducted
within the permit area. This description shall include, at a minimum, the following (111(1)(a) and 111(1)(e)).

(1) Production methods and equipment. A narrative description of the specific type and method of coal mining 
procedures and proposed engineering techniques, anticipated annual and total production of coal by tonnage, and the 
major equipment to be used for all aspects of those operations. 

(2) Operation description. 
     (a) Surface mining. A detailed narrative description and appropriate map(s) prepared in accordance with 
2.10, describing the land to be affected within the permit area according to the proposed sequence of mining and 
reclamation. Each narrative and/or map shall include a detailed timetable sufficient to describe the various mining 
phases proposed by the applicant. The maximum acreage proposed for each phase of the operations within the permit 
area must be specified. 
     (b) Underground Mining. A detailed narrative and appropriate map(s), prepared according to the standards 
of 2.10, sufficient to describe all proposed surface disturbances to be associated with the underground mining 
activities within the permit area. Each operation plan shall include a narrative, cross sections, map(s) and 
timetable(s) sufficient to describe the areal extent of the proposed underground workings and the stratum to be 
affected. 

(3) Mine facilities. 
     (a) A description, plans, and drawings, describing the location, construction, modification, use, maintenance 
and removal of mine support facilities in the permit area including all buildings, structures, utility corridors and other 
support facilities including but not limited to those listed in 4.04. Plans and drawings shall include a map, to meet the 
standards prescribed in 2.10, appropriate cross sections, design drawings, and specifications sufficient to 
demonstrate compliance with 4.04. 
     (b) A description of each existing structure, for which there are specific design criteria or performance 
standards specified in these Rules, proposed to be used in connection with or to facilitate the surface coal mining and 
reclamation operations. The description shall include: 
          (i) (A) Location; 
               (B) Plans of the structure which describe its current condition; 
               ( C) Approximate dates on which construction of the existing structure was begun and 
completed; and 
               (D) A showing, including relevant monitoring data or other evidence, whether the 
structure meets the design requirements or performance standards of Rule 4 or is eligible for exemption as set forth 
in 2.07.6. 
          (ii) A compliance plan for each existing structure that is proposed to be modified or reconstructed 
for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance 
plan shall include: 
               (A) Design specifications for the modification or reconstruction of the structure to meet 
the requirements of these Rules; 
               (B) A construction schedule which shows dates for beginning and completing interim 
steps and final reconstruction; 
               ( C) Provisions for monitoring the structure during and after modification or 
reconstruction to ensure that the performance standards of these Rules are met; and 
               (D) A showing that the risk of harm to the environment or to public health or safety is not 
significant during the period of modification or reconstruction. 
     ( c) A description of each road, conveyor, or rail system to be constructed, used, or maintained within the 
proposed permit area. The description shall include a map, prepared in accordance with 2.10, appropriate cross 
sections, and the following: 
          (i) Specifications for each road width, road gradient, road surface, road cut, fill embankment, 
culvert, bridge, drainage ditch, and drainage structure. 
          (ii) A report of appropriate geotechnical analysis, where approval of the Division is required for 
alternative specifications, or for steep cut slopes under 4.03.1(1)(e), 4.03.1(3)(d), 4.03.2(1)(e), or 4.03.2(3)(d). 
          (iii) A description of measures to be taken by the applicant for alteration or relocation of a natural 
drainage way under 4.03.1(4)(a)(i), 4.03.2(4)(a)(i), or 4.03.3(4)(d). 
          (iv) A description of measures, other than use of a rock headwall, to be taken to protect the inlet 
end of a ditch relief culvert, for approval by the Division under 4.03.1(4)(e)(vi)( C).  
          (v) A description of measures to be used to ensure that the interests of the public and landowners 
affected are protected if, under 2.07.6(2)(d)(iv), the applicant seeks to have the Division approve: 
               (A) Conducting the proposed surface mining activities within 100 feet of the right-of-way 
line of any public road, except where mine access or haul roads join that right-of-way; or 
               (B) Relocating the public road. 
          (vi) Drawings and specifications for any stream fords proposed for use as temporary construction 
routes. 
          (vii) The plans and drawings for each haul road and access road shall be prepared by, or under the
direction of, and certified by a qualified, registered professional engineer, experienced in the design and construction
of roads, as meeting the requirements of this rule; current, prudent  engineering practices; and the design criteria of
4.03.1 and 4.03.2. 

(4) Ponds, impoundments, other treatment facilities and diversions. 
     (a) General. A general plan and detailed design plan shall be submitted for each sediment pond, 
impoundment, other treatment facility and diversion proposed to be constructed within the permit area. 
          (i) Each general plan shall: 
               (A) Be prepared by, or under the direction of, and certified by a qualified registered 
professional engineer with assistance as appropriate from other engineers and experts in related fields such as 
geology, land surveying and landscape architecture. 
               (B) Contain a description, map, prepared according to 2.10, and cross section of the 
structure and its location; 
               ( C) Contain preliminary hydrologic and geologic information required to assess the 
hydrologic impact of the structure; 
               (D) Contain an analysis describing the potential effect on the structure from subsidence of 
the subsurface strata resulting from past underground mining activities if underground mining has occurred; and 
               (E) Contain a certification statement which includes a schedule setting forth the dates that 
any detailed design plan for structures that are not submitted with the general plan will be submitted to the Division. 
The Division shall have approved, in writing, the detailed design plan for a structure before construction of the 
structure begins. 
          (ii) Each detailed design plan for a structure shall: 
               (A) Be prepared by, or under the direction of, and certified by a qualified registered 
professional engineer experienced in the design and construction of impoundments with assistance as appropriate 
from other engineers and experts in related fields such as geology, land surveying and landscape architecture.
               (B) Include any geotechnical investigation, design, and construction specifications 
required by the Division to ensure compliance with the safety factor requirements of Rule 4.05.6 and Rule 4.05.9; 
               ( C) Describe the operation and maintenance requirements for each structure; and 
               (D) Describe the timetable and plans to remove each structure, if appropriate. 
          (iii) If an impoundment has a capacity of more than 100 acre-feet, or has a dam or embankment in 
excess of 10 feet in vertical height, from the bottom of the channel to the bottom of the spillway, or has a surface 
area at high waterline in excess of 20 acres, then each plan under 2.05.3(4)(b) or ( c) shall meet the applicable 
requirements of the State Engineer in accordance with C.R.S. 37-87-105. C.R.S. 37-87-105 is hereby incorporated 
by reference, and can be viewed and copies can be obtained at the Division as set forth in Rule 1.01(9).
          (iv) In cases where a sedimentation pond or impoundment meets or exceeds the criteria of 30 CFR 
77.216(a), then the permittee shall also comply with the applicable requirements of the Mine Safety and Health 
Administration (MSHA), 30 CFR 77.216-1 and  2. 30 CFR 77.216(a), 30 CFR 77.216-1 and 30 CFR 77.216-2 are 
hereby incorporated by reference, and can be viewed and copies can be obtained at the Division as set forth in Rule 
1.01(9). 
          (v) Any plans required to be submitted to, and approved by, the Office of the State Engineer or 
MSHA for impoundments shall also be submitted to the Division as part of the permit application. 
          (vi) All impoundments meeting the Class B or Class C criteria for dams in the U.S. Department of 
Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, October 1985), "Earth Dams and 
Reservoirs" (TR60), shall comply with the requirements of this section for structures that meet or exceed the size or 
other criteria of 30 CFR 77.216(a). TR60 and 30 CFR 77.216(a) are hereby incorporated by reference, and can be 
viewed and copies can be obtained at the Division as set forth in Rule 1.01(9). 
          (vii) Each plan for an impoundment which meets the Class B or Class C criteria in U.S. 
Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, October 1985), 
"Earth Dams and Reservoirs" (TR60) or meets the size or other criteria of 30 CFR 77.216(a) shall include a stability 
analysis of the structure. The stability analysis shall include, but shall not be limited to, strength parameters, pore 
pressure, and long term seepage conditions. The plan shall also contain a description of each engineering design 
assumption and calculation with a discussion of each alternative considered in selecting the specific design 
parameters and construction methods. TR60 and 30 CFR 77.216(a) are hereby incorporated by reference, and can be 
viewed and copies can be obtained at the Division as set forth in Rule 1.01(9). 
     (b) Sedimentation Ponds, whether temporary or permanent, shall be designed in conformance with the 
requirements of Rule 4.05.6, and the applicable requirements of Rule 4.05.9. Any sedimentation pond or earthen 
structure which will remain on the proposed permit area as a permanent impoundment shall also be designed to 
comply with the requirements of Rule 4.05.9. 
     ( c) Permanent and temporary impoundments. Permanent and temporary impoundments shall be designed to 
comply with the requirements of 4.05.9. 
     (d) Diversions. Stream channel diversions and other diversions within the proposed permit area shall be 
designed to comply with requirements of 4.05.3 and 4.05.4. 

(5) Topsoil. A narrative explaining the method of removal and the amount to be removed and the  plan for storage of
topsoil, subsoil, and other material within the permit area subject to requirements of the topsoil  removal
performance standards of 4.06.2. This narrative shall specify the depth of material to be salvaged from all  disturbed
areas based on the soil information required by 2.04.9 and shall specify the volume of each type of material  to be
salvaged. A map of any proposed storage structures shall accompany the narrative. The maps shall be prepared 
according to the requirements of 2.10 (111(1)(e) and 111(3)).

(6) Overburden. A narrative and appropriate maps explaining the removal, handling and storage of all  overburden
material in the permit area. Each narrative should include pit dimensions, overburden volumes and swell  factor
anticipated for each phase of the proposed operation. Permanent excess spoil disposal structures shall comply  with
2.05.3(6)(b). Temporary overburden disposal (storage) structures shall comply with the applicable performance 
standards of Rule 4; information to demonstrate such compliance shall include, if applicable, location, geometry, and 
method of material placement. If appropriate for the proposed operation, each plan should also include (111(1)(e)): 
     (a) A surface blasting plan for the proposed permit area, explaining how the applicant intends to  comply
with the requirements of 4.08 and including the following (110(6)):
          (i) Types and approximate amounts of explosives to be used for each type of blasting operation to 
be conducted; 
          (ii) A plan for recording and retention of the following during blasting: 
               (A) Drilling patterns, including size, number, depths, and spacing of holes; 
               (B) Charge and packing of holes; 
               ( C) Types of fuses and detonation controls; and 
               (D) Sequence and timing of firing holes. 
          (iii) Description of blasting warning and site access control equipment and procedures; 
          (iv) Description of types, capabilities, sensitivities, and locations of use of any blast monitoring 
equipment and procedures proposed to be used; 
          (v) Description of plans for recording and reporting to the Division the results of preblasting 
surveys, if required; 
          (vi) Description of unavoidable hazardous conditions for which deviations from the blasting 
schedule will be needed under 4.08.4(2); 
          (vii) The limitations the operator will meet with regard to ground vibration and airblast, the bases 
for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations; and 
          (viii) On a map locate each explosive storage and handling facility. 
     (b) Descriptions, including appropriate maps, prepared according to the standards of 2.10, and  cross
section drawings, of the proposed disposal site and design of the spoil disposal structures according to 4.09.  These
plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal,  if
appropriate, of the site and structures and shall be prepared by a qualified registered professional engineer
(111(1)(e)).
     ( c) The results of a geotechnical investigation of the proposed disposal site, including the  following
(111(1)(e)): 
          (i) The character of bedrock and any adverse geologic conditions in the disposal area; 
          (ii) A survey identifying all springs, seepage and ground water flow observed or anticipated during 
wet periods in the area of the disposal site; 
          (iii) A survey of the potential effects of subsidence of the subsurface strata due to past and future 
mining operations; 
          (iv) A technical description of the rock materials to be utilized in the construction of those disposal 
structures containing rock chimney cores or underlain by a rock drainage blanket; and 
          (v) A stability analysis including, but not limited to, strength parameters, pore pressures and    
long- term seepage conditions. These data shall be accompanied by a description of all engineering design 
assumptions and calculations and the alternatives considered in selecting the specific design specifications and 
methods. 
     (d) If, under 4.09.1(10), rock toe buttresses or key-way cuts are required, the applications shall include the 
following: 
          (i) The number, location and depth of borings or test pits which shall be determined with respect to 
the size of the spoil disposal structure and subsurface conditions; and 
          (ii) Engineering specifications utilized to design the rock-toe buttresses or key-way cuts which 
shall be determined in accordance with 2.05.3(6)(c)(v). 

(7) Coal Handling Structures. 
A narrative and appropriate map, prepared to meet the standards of 2.10, generally explaining  the location,
construction, modification, use, maintenance and removal of coal removal, handling, storage, cleaning,  and
transportation areas and structures in accordance with 4.01.1 (111(1)(e),(f)).

(8) Coal Mine Waste And Non-Coal Processing Waste. 
A narrative explaining the construction, modification, use, maintenance, removal, and reclamation of coal processing 
and non-coal waste removal, handling, storage, transportation and disposal areas and structures in the permit area in 
accordance with Sections 4.10 and 4.11 including appropriate maps, which meet the requirements of 2.10, explaining 
the location of each source of waste, waste storage area, and waste disposal facility (111(1)(e), 111(1)(l) and 
111(1)(m)).
     (a) Each application shall contain a general plan and detailed design plan for each coal mine waste and 
non- coal processing waste bank, dam, or embankment proposed to be constructed within the permit area. 
          (i) Each general plan shall: 
               (A) Be prepared by, or under the direction of and certified by a qualified registered 
professional engineer, or by a professional geologist with assistance from experts in related fields such as surveying 
and landscape architecture; 
               (B) Contain a description, map, prepared according to 2.10, and cross section of the 
structure and its location; 
               ( C) Contain preliminary hydrologic and geologic information required to assess the 
hydrologic impact of the structure; 
               (D) Contain a survey describing the potential effect on the structure from subsidence of 
the subsurface strata resulting from past underground mining activities if underground mining has occurred; and 
               (E) Contain a certification statement which includes a schedule setting forth the dates that 
any detailed design plan for structures that are not submitted with the general plan will be submitted to the Division. 
The Division shall have approved, in writing, the detailed design plan for a structure before construction of the 
structure begins. 
          (ii) Each detailed design plan for a structure shall: 
               (A) Be prepared by, or under the direction of, and certified by a qualified registered 
professional engineer with assistance from experts in related fields such as geology, land surveying, and landscape 
architecture; 
               (B) Describe the operation and maintenance requirements for each structure; 
               ( C) Describe the timetable and plans to remove each structure, if appropriate; and 
               (D) Include any geotechnical investigations, design, and construction requirements for the 
structure. 
          (iii) If an impoundment has a capacity of more than 100 acre-feet, or has a dam or embankment in 
excess of 10 feet in vertical height, from the bottom of the channel to the bottom of the spillway, or has a surface 
area at high waterline in excess of 20 acres, then each plan under 2.05.8(b) or ( c) shall meet the applicable 
requirements of the State Engineer in accordance with C.R.S. 37-87-105. C.R.S. 37-87-105 is hereby incorporated 
by reference, can be viewed and copies can be obtained at the Division as set forth in Rule 1.01(9). 
          (iv) In cases where a structure meets or exceeds the criteria of 30 CFR 77.216(a) then the permittee 
shall comply with the applicable requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and
77.216-2. 30 CFR 77.216(a), 30 CFR 77.216-1 and 30 CFR 77.216-2 are hereby incorporated by reference, and can 
be viewed and copies can be obtained at the Division as set forth in Rule 1.01(9). 
          (v) All impoundments meeting the Class B or Class C criteria for dams in the U.S. Department of 
Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, October 1985), "Earth Dams and 
Reservoirs" (TR60), shall comply with the requirements of this section for structures that meet or exceed the size or 
other criteria of the 30 CFR 77.216(a). TR60 and 30 CFR 77.216(a) are hereby incorporated by reference, and can 
be viewed and copies can be obtained at the Division as set forth in Rule 1.01(9). 
          (vi) Each plan for an impoundment which meets the Class B or Class C criteria in U.S. Department 
of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, October 1985), "Earth Dams 
and Reservoirs" (TR60) or meets the size or other criteria of 30 CFR 77.216(a) shall include a stability analysis of 
the structure. The stability analysis shall include, but shall not be limited to, strength parameters, pore pressure, and 
long term seepage conditions. The plan shall also contain a description of each engineering design assumption and 
calculation with a discussion of each alternative considered in selecting the specific design parameters and 
construction methods. TR60 and 30 CFR 77.216(a) are hereby incorporated by reference, and can be viewed and 
copies can be obtained at the Division as set forth in Rule 1.01(9). 
     (b) Coal processing waste banks. Coal processing waste banks shall be designed to comply with the 
requirements of 4.10. 
     ( c) Coal processing waste dams and embankments. Coal processing waste dams and embankments shall be 
designed to comply with the requirements of 4.11.5, and shall contain the results of geotechnical investigation of the 
proposed dam or embankment foundation area, to determine the structural competence of the foundation which will 
support the proposed dam or embankment structure and impoundment material. The geotechnical 
investigation shall be planned and supervised by an engineer or engineering geologist, according to the following: 
          (i) The number, location, and depth of borings and test pits shall be determined using current 
prudent engineering practice for the size of dam or embankment, quantity of material to be impounded, and 
subsurface conditions. 
          (ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse 
geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered. 
          (iii) All springs, seepage, and ground water flow observed or anticipated during wet periods in the 
area of the proposed dam or embankment shall be identified on each plan. 
          (iv) An analysis shall be made of the engineering safety and environmental protection factors to 
allow for the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded 
material. 

(9) Return of coal mine waste to abandoned workings. 
     (a) Each plan shall describe the design, operation and maintenance of any proposed coal mine waste 
disposal facility, including flow diagrams and any other necessary drawings and maps, which must meet the 
standards of 2.10, for the approval of both the Division and the Mine Safety and Health Administration, in 
accordance with 4.11.3. 
     (b) Each plan shall describe the source and quality of waste to be stored, area to be backfilled, percent of 
the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation 
on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence 
of surface effects following backfilling. 
     ( c) The applicant shall describe the source of hydraulic transport medium, method of dewatering the placed 
backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the 
hydrologic regime. 
     (d) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum 
underlying the mined coal, and gradient from the backfilled area. 
     (e) The requirements of 2.05.3 shall also apply to pneumatic backfilling operations, except where the 
operations are exempted by the Division from requirements specifying hydrologic monitoring. 

2.05.4    Reclamation Plan.   {{ 30 CFR 780.18, 780.37, 784.13 & 784.24 }}
(1) Each application shall contain a plan for reclamation of the lands within the proposed permit area,  showing how
the applicant will comply with environmental protection performance standards of the regulatory  program. The plan
shall include, at a minimum, all information required under the relevant sections of Rule 2 (110(3), 111).

(2) Each plan shall contain the following information for the proposed permit area, including any roads which are to 
be removed, or modified for retention as part of the post-mining land use: 
     (a) A detailed timetable for the completion of each major step in the reclamation plan; 
     (b) A detailed estimate of the cost of reclamation of the proposed operations required to be covered by a 
performance bond with supporting calculations for the estimates; 
     ( c) A plan for backfilling, soil stabilizing, compacting, and grading with postmining contour maps and 
appropriate cross sections that are typical and representative of the anticipated character of the final surface 
configuration of the proposed permit area, in accordance with 4.14, for stream channel reconstruction in accordance 
with 4.05.4, and for road removal or modification in accordance with 4.03. 
     (d) A plan for removal, storage and redistribution of topsoil, subsoil, and other material to meet the 
requirements of 4.06. 
     (e) A plan for revegetation to meet the requirements of 4.15, including, but not limited to, description of 
the: 
          (i) Schedule of revegetation; 
          (ii) Species and amounts per acre of seeds and seedlings to be used; 
          (iii) Methods to be used in planting and seeding; 
          (iv) Mulching techniques; 
          (v) Irrigation, if appropriate and pest and disease control measures, if any; 
          (vi) Measures proposed to be used to determine the success of revegetation in accordance with 
4.15.7; and 
          (vii) Soil testing plan for evaluation of the results of topsoil handling and reclamation procedures 
related to revegetation and topsoil standards of 4.06. 
     (f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming 
materials constituting a fire hazard are disposed of in accordance with 4.11.4 and 4.14.3 and a description of the 
contingency plans which have been developed to preclude sustained combustion of such materials; 
     (g) A description, including appropriate cross sections and maps, prepared in accordance with 2.10, of the 
measures to be used to seal or manage mine openings, and to plug, case, or manage exploration holes, other bore 
holes, wells, and other openings within the proposed permit area, in accordance with 4.07; and 
     (h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. Sec. 
7401 et seq.), the Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and other applicable air and water quality laws 
and regulations and health and safety standards, or a copy of an approved permit or application for a permit. 

2.05.5    Postmining Land Uses.                        {{ 30 CFR 780.23 & 784.15 }}
(1) Surface coal mining activities.
     (a) Each plan shall contain a detailed narrative of the proposed use, following reclamation of  the land
within the proposed permit area. In accordance with land use categories established in the narrative, the plan 
shall include a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and 
the relationship of the proposed use to existing land use policies and plans. This description shall explain
(111(1)(b),(c),(d),(h)): 
          (i) How the proposed postmining land use is to be achieved and the necessary support activities 
which may be needed to achieve the proposed land use; 
          (ii) Where a land use different from the premining land use is proposed, all materials needed for 
approval of the alternative use under 4.16;
          (iii) The consideration which has been given to making all of the proposed surface coal mining and 
reclamation operations consistent with surface owner plans and programs; and 
     (b) The description shall be accompanied by a copy of the comments concerning the proposed use by the 
legal or equitable owner of record of the surface of the proposed permit area and the State and local government 
agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following 
reclamation. 
      ( c) A map prepared to the standards of 2.10 shall accompany the plan.

(2) Underground mining activities.
     (a) Each plan shall contain a detailed narrative of the proposed use following reclamation of the land to be 
affected by all surface operations and facilities within the permit area. In accordance with the land use categories 
established in the narrative, the plan shall include a discussion of the utility and capacity of the reclaimed land to 
support a variety of uses and the relationship of the proposed use to existing land use policies and plans. The 
description shall explain:
          (i) How the proposed postmining land use is to be achieved and the necessary support activities 
which may be needed to achieve the proposed land use; 
          (ii) Where a land use different from the premining land use is proposed, all materials needed for 
approval of the alternative use under 4.16; and 
          (iii) The consideration which has been given to making all of the proposed surface mining 
activities consistent with surface owner plans and applicable State and local land use plans and programs. 
     (b) The description shall be accompanied by a copy of the comments concerning the proposed use by the 
legal or equitable owner of record of the surface of the proposed permit area and the State and local government 
agencies which would have to initiate, implement, approve, or authorize the use of the land following reclamation. 
     ( c) A map prepared to the standards of 2.10 shall accompany the plan. 
     (d) For those disturbed areas within the permit area where long term structures or facilities exist or are to be 
constructed, the applicant may propose specific alternative land uses which may be approved towards the end of the 
life of the mine through the permit revision procedures required by 2.08. In such cases, the application shall contain 
a clear demonstration along with supporting information that the premining land use capability will be achieved. 

2.05.6    Mitigation of the Impacts of Mining Operations.        
     {{ 30 CFR 780.16, 780.21, 784.14, 815.15, 827.12, 816.41, 817.41 & 817.121 }}
(1) Air Pollution Control Plan.
     (a) All permit applications for existing operations shall contain a copy of an initially approved or finally 
approved emission permit if applicable from the Colorado Air Quality Control Commission, Air Pollution Control  
Division or the Air Quality Hearing Board. All permit applications for new operations shall contain a copy of the 
application for such emission permit and shall be updated accordingly as initial or final decisions are rendered 
(111(1)(i) and 111(1)(i)). 
     (b) All permit applications shall contain a description of the steps to be taken, including copies of permits or 
permit applications, if any, to comply with other applicable State or Federal air quality laws or regulations. 

(2) Fish and Wildlife Plan (111(1)(c)).
     (a) Each application shall contain a fish and wildlife plan, consistent with 4.18 which provides
(111(1)(m)(i) and 111(1)(h), 102): 
          (i) A statement of how the plan will minimize disturbances and adverse impacts on fish and 
wildlife and related environmental values during surface coal mining and reclamation operations, and how 
enhancement of these resources will be achieved, where practicable. The plan shall cover the permit area and 
portions of adjacent areas as determined by the Division pursuant to 2.04.11. 
          (ii) If the applicant states that it will not be practicable, in accordance with 2.05.6(2)(a)(i), to 
achieve a condition which clearly shows a trend toward enhancement of fish and wildlife resources at the time 
revegetation has been successfully completed under 4.15, a statement shall be provided which establishes, to the 
satisfaction of the Division, why it is not practicable to achieve such a condition; and 
          (iii) A statement explaining how the applicant will utilize impact control measures, management 
techniques, and monitoring methods to protect or enhance the following, if they are to be affected by the proposed 
activities: 
               (A) Threatened or endangered species of plants or animals listed by the Secretary under 
the Endangered Species Act of 1973, as amended (16 U.S.C. Sec. 1531 et seq.) or threatened or endangered species 
of wildlife designated by the state under the Nongame, Endangered and Threatened Species Conservation Act 
(Section 33-2-101 et seq., C.R.S.) and their habitats; 
               (B) Species such as eagles, migratory birds or other animals protected by State or Federal
law, and their habitats; or other species identified through the consultation process pursuant to 4.18; or 
               ( C) Habitats of unusually high value for fish and wildlife, such as wetlands, riparian 
areas, cliffs supporting raptors, areas offering special shelter or protection, reproduction and nursery areas, and 
wintering areas. 
     (b) For surface coal mining activities the plan shall include a map, prepared to the standards of 2.10 which 
shall show the location of each facility to be used to protect and enhance fish and wildlife and related environmental 
values. 
     ( c) Upon request, the Division shall provide the resource information required by Rule 2.04.10 and the fish 
and wildlife plan required in (a) and (b) of this section to the U.S. Fish and Wildlife Service regional or field office 
for their review. This request shall be provided within 10 days of receipt of the request from the U.S. Fish and 
Wildlife Service. 

(3) Protection of hydrological balance (111(1)(m)).
     (a) Each application shall contain a detailed description with appropriate maps, which are prepared to the 
standards of 2.10, and cross section drawings, of the measures to be taken during and after the proposed surface or 
underground mining activities, in accordance with Rule 4 to ensure the protection of: 
          (i) The quality of surface and ground water, within both the proposed permit area and adjacent 
areas, from adverse effects of the proposed surface or underground mining activities; 
          (ii) The rights of present users to surface and ground water, which may be adversely affected by 
the surface coal mining and reclamation operations; 
          (iii) The quantity of surface and ground water both within the proposed permit and adjacent area 
from adverse effects of the proposed mining activities, or where the protection of quantity cannot be ensured to 
provide alternative sources of water in accordance with 2.04.7(3) and 4.05.15; and 
          (iv) The quality of surface and ground water affected by any underground mines by locating mine 
openings in accordance with 4.05.10. 
     (b) The description shall include: 
          (i) A plan for control, in accordance with Rule 4, of surface and ground water drainage into, 
through and out of the proposed permit area and adjacent area; 
          (ii) A plan for treatment, where required by these Rules, and for surface and ground water drainage 
from the area to be affected by the activities, and proposed quantitative limits on pollutants in discharges subject to 
applicable State and Federal laws. 
          (iii) A determination of the probable hydrologic consequences of the proposed surface coal mining 
activities, or underground mining activities, on the proposed permit area and adjacent area, with respect to 
hydrologic regime and the quantity and quality of water in surface and ground water systems under all seasonal 
conditions, is determined by baseline hydrologic and geologic data collected from, or statistically representative of, 
the site. The probable hydrologic consequences will identify adverse impacts which may occur to the hydrologic 
balance including: impacts from acid- or toxic-forming materials; whether the operation would interrupt, diminish, or 
contaminate water sources; the effect the operation would have on sediment yields, flooding or streamflow, and 
surface and ground water availability; and the effect the operation would have on concentrations of total dissolved 
and total suspended solids, total iron, pH, total manganese, and other parameters required by the Division. 
          (iv) A plan based on the probable hydrologic consequences determination and baseline hydrologic 
and geologic information submitted to comply with 2.04.5, 2.04.6, and 2.04.7 for the collection, recording, and 
reporting of ground and surface water quality and quantity data. The plan, in accordance with 4.05.13, shall identify 
monitoring site locations, points of compliance, parameters, sampling frequency, and describe how these data will 
be used to determine the impact on the hydrologic balance. At a minimum, the hydrologic monitoring plan shall 
include (110(2)(l)):
               (A) Monitoring of at least total dissolved solids or electrical conductivity corrected to 
25N centigrade (specific conductance), pH, manganese and iron; 
               (B) Monitoring of water levels, reported as feet above or below land surface datum, for 
ground water plans; 
               ( C) Monitoring of total suspended solids and flow rate measurements for surface water 
plans; and 
               (D) Monitoring for additional water quality constituents may be required by the Division 
based upon site-specific conditions, approved postmining land use, or for good cause shown. 
          (v) A hydrologic reclamation plan specifically addressing any potential adverse hydrologic 
consequences identified in the probable hydrologic consequences determination prepared based upon 
2.05.6(3)(b)(iv) and shall include preventive and remedial measures as necessary to prevent material damage, to 
minimize hydrologic impacts, and to meet the performance standards of 4.05. 
          (vi) The location of each water diversion, collection, conveyance, treatment, storage, and discharge 
facility to be used within the permit area. 
          (vii) A plan for the restoration of the approximate recharge capacity of the permit area and 
adjacent area in accordance with 4.05.12(3). 
          (viii) If the determination of the probable hydrologic consequences (PHC) required by 
2.05.6(3)(b)(iv) indicates that adverse impacts on or off the proposed permit area may occur to the hydrological 
balance, or that acid-forming or toxic-forming material is present and may result in the contamination of ground 
water or surface water supplies, then information supplemental to that required under 2.05.6(3)(b) shall be provided, 
as necessary, to evaluate such PHC and to plan remedial and reclamation activities. Such supplemental information 
may be based upon drilling, aquifer testing, hydrogeologic analysis of the water-bearing strata, flood flows, or 
analysis of other water quality or quantity characteristics. 
     ( c) For underground mining activities, the application shall contain a detailed description, with appropriate 
drawings, of permanent entry seals and down-slope barriers designed to ensure stability under anticipated hydraulic 
heads developed while promoting mine inundation after mine closure for the proposed permit area and adjacent area. 

(4) Protection of public parks and historic places (111(1)(d)).
     (a) For any publicly owned park or place listed on the National Register of Historic Places that may be 
adversely affected by the proposed operation, each application shall describe the measures to be used to minimize or 
prevent these impacts and to obtain approval of the Division and the other agencies as required in 2.07.6(2)(e)
(111(1)(h)).
     (b) The Division may require the applicant to protect historic or archeological sites listed on or those places 
eligible for listing, as determined by the SHPO, on the National Register of Historic Places through the appropriate 
mitigation and treatment measures. Such measures may be taken after permit issuance provided the required 
measures are completed before the sites are affected by any mining operations. 

(5) Surface Mining Near Underground Mining. For surface mining activities within the proposed permit  area to be
conducted within 500 feet of an underground mine, the application shall describe the measures to be used  to comply
with 4.19 (111(1)(i) and 120(2)(a)).

(6) Subsidence Survey, Subsidence Monitoring, and Subsidence Control Plan (111(1)(c), 111(1)(d) and 111(1)(i)).
     (a) For underground mining activities the application shall include an inventory of all structures and 
renewab