HomeMy WebLinkAbout981510.tiff rl;, U :_STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources i` ` "'. _7 I.:: 36
1it I Sherman St . Room 215
Denver Colorado 80203 ^'.'
Phone 3U fi 866-3567 CLEF,:
FAX.t 1031832-8106 TO Ti - DEPARTMENT OF
NATURAL
MEMO RESOURCES
Roe Romer
Governor
lo To: Minerals Staff Fxecues S.�t,eve for
t
isecW,ve Director
From: Bruce Humphries / . -1 J 1I Niche,B.tong
D,elsu>n Director
Subject: Weed policy adopted by the Mined Land Rec. Board on July 29, 1998
Date: July 30, 1998
Attached is a copy of the "Weed Policy" adopted by the Board on July 29, 1998.
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CC: CA '
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STATE OF COLORADO
DIVISION at MINERALS AND GEOLOGY
of Department Natural Resources
13 Phone:Sherman St.,6- Room 21 i �t����,t���
Denver.Colorado 80'1)3 I 1i
FAX:( 130312-810 67
in
FAX:t303) 832-8106
MEMO DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
lames 5.Lochhead
Executive Director
Michael B.Long
Division Dvecm,
To: Mined Land Reclamation Board
From: Bruce Humphries AM A)--
Subject: Weed Control Policy
Date: July 17, 1998
Recently, there has been a heightened concern by some counties and the Natural Resource
Conservation Service (NRCS) offices over noxious weeds on mine sites undergoing
reclamation. The Division should make a determination, regarding an acceptable level of
weeds at an active mining operation or on a reclaimed site at the time of a financial
warranty release request, in terms of the requirements of the Act, Rules, and bond release.
The following document is intended to provide guidance to the staff and operators on this
issue.
GUIDELINE FOR THE MANAGEMENT OF NOXIOUS AND PEST WEEDS AT
HARD ROCK AND CONSTRUCTION MATERIAL MINING OPERATIONS
1. INTRODUCTION:
The infestation of noxious and pest weeds on agricultural land and rangeland is a serious
problem in Colorado and other western states. Reduced productivity, loss of desirable plant
species diversity and wildlife habitat, and livestock health hazards can result from noxious
or pest weed infestations. Land disturbances associated with mining provide conditions
conducive to the invasion and spread of a number of undesirable plant species.
This guide has been developed due to the potential deleterious impacts of noxious and pest
weeds on reclaimed areas and other areas that may be affected by mining activities, and the
lack o.`specific direction in the Act and Regulations. The purpose of the guideline is to set
forth Mined Land Reclamation Board policy;based on the Board's interpretation of the Act,
Regulations, and common sense, for the effective control of noxious and pest weeds at
permitted mine sites. It is also intended to provide guidance to staff when making
determinations about whether an operator has established an acceptable type of plant cover,
as the Office considers financial and performance warranty release requests.
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All Minerals Staff
Page 2
July 17, 1998
2. APPLICABLE REGULATIONS:
Regulations referenced below reflect the consistent themes that operations and reclamation
are to be conducted in a manner that minimizes adverse environmental impacts and ensures
that reclaimed lands will support the approved post mining land use. References to noxious
and pest weeds reflect the fact that, in some instances, special management practices may
be required to control undesirable plant species and prevent their spread, in order to
minimize offsite impacts and ensure that reclaimed lands will fully support the post mining
land use.
A. Rule 3.1.10(6) in 2 CCR 407-1, 2 CCR 407-4
The Rules state, "Methods of weed control shall be employed for all
prohibited noxious weed species, and whenever invasion of a reclaimed area by other weed
species seriously threatens the continued development of the desired vegetation. Weed
control methods shall also be used whenever the inhabitation of the reclaimed area by
weeds threaten further spread of serious weed pests to nearby areas."
B. Rule 4.15.1(3) 4.16.1(5) of 2 CCR 407-1 and 2 CCR 407-4
In part, th. _tnle says, "...inspect the lands and reclamation described in the
notice to determine if the Operator has complied with all applicable requirements."
3. THE OPERATORS RESPONSIBILITY FOR THE MANAGEMENT OF
NOXIOUS AND PEST WEEDS DURING MINING OPERATIONS AND
RECLAMATION:
It is the responsibility of the operator to monitor affected and reclaimed lands for noxious
and pest weed infestations. The need for weed control should be evaluated whenever
infestations of noxious or pest weeds occur on affected or reclaimed lands. Infestations on
undisturbed lands within the permit area should be referred by the Division and/or operator
to the local weed control agency. As part of the permit review process, the Division may
require a weed control plan as part of the application, if such a recommendation is received
from the local weed control agency during the public comment period. It is also
recommended that applicants contact the local weed control agency to determine if such a
plan should be included as part of the permit application.
If, in the course of an inspection of an existing permitted site, the Division finds that there
exists an infestation of noxious or pest weeds on lands disturbed by the mining operation,
the Division may require a revision to the approved plan or the development of a plan,
where none exists. Where a noxious or pest weed problem exists, the operator may be
given up to three (3) years to show significant progress toward correcting the situation prior
to a Board action.
Weed control management plans should be developed in consultation with, and approved
by, the appropriate State or county extension personnel or weed control district official(s) 6 0
listed in Section 5 of this guideline. Once developed and approved by.the appropriate local ��
All Minerals Staff
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July 17, 1998
weed control office, the plan shall be submitted to the Division (in the form of a technical
revision) for approval. Once the plan is approved by the Division, the plan becomes part of
the approved permit.
Regulated Noxious Weeds
The following plants are considered to be noxious weeds for the purposes of this guideline
and the Hard Rock and Constructional Material Regulations. It should be recognized that
the following list may not include noxious or pest weed species that are specific to a
particular county. Operators should check with the county in which their particular mining
site is located for a list of additional weed species.
Common Name Scientific Name
Leafy spurge Euphorbia esula
Canada thistle Cirsium arvense
Musk thistle Carduus nutans
Plumeless thistle C. acanthoides
Scotch thistle Onopordum acanthium
Perennial Sow thistle Sonchus arvensis
Russian knapweed Centaurea repens
Spotted knapweed Centaurea maculosa
Diffuse knapweed Ceutaurea diffusa
Yellow toad flax Linaria vulgaris
Dalmation toad flax L. genistifolia dalmatica
or L. dalmatica macedonia
Hoary cress (White Top) Cardaria draba
Field bindweed Convolvulus arvensis
4. NOXIOUS/PEST WEEDS AND BOND RELEASE:
The ultimate decision as to the acceptability of a site for release from reclamation
responsibility rests with the Board. However, in most cases, it is the responsibility of the
individual Environmental Protection Specialist (EPS) to determine if the site has met the
reclamation requirements of the Act, Regulations, and the approved permit. In terms of
infestations of noxious and/or pest weeds, the Division will follow its standard financial
warranty release process. Any agency or person objecting to the Division's decision may
appeal the decision to the Board, as provided for in the section of he Acts and Rules
addressing "appeals to an agency decision".
In making the decision to release the site where noxious and/or pest weeds occur, the EPS
shall consider the likely impact to the long term stability and utility of the site, given the
level of noxious and/or pest weed occurrences. For example, a well established native plant
community, if it is the dominant vegetative expression at the site, may be resistive enough F' / 3-7
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to prevent the spread or invasion by noxious and/or pest weeds. It should be noted that pest
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July 17, 1998
or noxious weed infestations adjacent to lakes and streams may require special
consideration, regardless of the post-mining land use, due to the possibility of water
transporting weed seeds.
In making any decision on the release of a site where noxious/pest weeds occur, remember
that noxious and pest weeds are a serious problem in Colorado. The Board does not intend
for reclaimed sites to be a seed source for the spread of noxious or pest weeds. The Board
wants to be assured that the site has been properly managed under an approved weed
control program, prior to granting a release request where a noxious or pest weed problem
exists.
Once released, the site, along with any on going weed control program, then becomes the
responsibility of the landowner. It is not the intent or desire of the Board to leave a
landowner with a site that cannot be reasonably maintained, in order to ensure the approved
post-mining land use. The Board considers "Reasonably maintained"to mean those
activities any prudent person would undertake to ensure the continued use of their lands.
5. LIST OF RESOURCE AGENCIES:
Colorado State University
Extension Weed Specialists
Fort Collins, Colorado 80523
The local National Resource Conservation Service and Soil Conservation District
County Extension Service
Weed Control Districts
Colorado Dept. of Agriculture
Div. of Plants Industry
700 Kipling St. Suite 4000
Lakewood, CO 80215
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