§ 34-32.5-101. Short Title
This article shall be known and may be cited as the “Colorado Land Reclamation Act for the Extraction of Construction Materials”. Source: L. 95: Entire article added, p. 1155, § 1, effective July 1.
§ 34-32.5-102. Legislative Declaration
The general assembly hereby declares that the extraction of construction materials for government and private enterprise and the reclamation of land affected by such extraction are necessary and proper activities that are compatible. It is the intent of the general assembly to foster and encourage the development of an economically sound and stable extraction materials […]
§ 34-32.5-103. Definitions
As used in this article, unless the context otherwise requires: “Affected land” means the surface of an area within the state where a mining operation is being or will be conducted, which surface is disturbed as a result of an operation. Affected lands include, but shall not be limited to, private ways, roads (except those […]
§ 34-32.5-104. Administration
In addition to the duties and powers prescribed by the provisions of article 4 of title 24, C.R.S., the office and the board have the full power and authority to carry out and administer the provisions of this article. The office is responsible for the enforcement of reclamation permits only and has no authority or […]
§ 34-32.5-105. Office of Mined Land Reclamation – Mined Land Reclamation Board
The office and the board created in section 34-32-105 shall administer this article. Source: L. 95: Entire article added, p. 1160, § 1, effective July 1.
§ 34-32.5-106. Duties of Board
In addition to the duties of the board set forth in section 34-32-106 (1), the board shall cause to be published the minutes of its meetings and approve or deny reclamation permits. The board may delegate its responsibility to approve reclamation permits to the director except for regular permits under section 34-32.5-112, where there is […]
§ 34-32.5-107. Powers of Board
The board has the powers set forth in section 34-32-107. Source: L. 95: Entire article added, p. 1160, § 1, effective July 1.
§ 34-32.5-108. Rules
The board may adopt and promulgate reasonable rules respecting the administration of this article. Source: L. 95: Entire article added, p. 1160, § 1, effective July 1.
§ 34-32.5-109. Reclamation Permit Required – Existing Permits
Before engaging in a new operation, an operator shall first obtain from the board or office a reclamation permit pursuant to section 34-32.5-110, 34-32.5-111, or 34-32.5-112. Notwithstanding this subsection (1), an operator who obtained a permit under section 34-32-110, 34-32-111, or 34-32-112 before July 1, 1995, which permit was valid as of such date, shall […]
§ 34-32.5-110. Existing Limited Impact Operations – Expedited Process
Any person desiring to conduct mining operations on less than ten acres, prior to commencement of mining, shall file with the office, on a form approved by the board, an application for a permit to conduct mining operations. This application shall contain the following: The address and telephone number of the general office and the […]
§ 34-32.5-111. Special Permits – Fifteen-Calendar-Day Processing
An operator of a construction materials extraction operation is subject to this section if the operation is conducted solely to obtain materials for highway, road, utility, or similar construction purposes under a federal, state, county, city, town, or special district contract that requires work to commence within a specified short period of time and will […]
§ 34-32.5-112. Application for Reclamation Permit – Changes in Permits – Fees – Notice
To obtain a reclamation permit, an operator shall apply in writing to the board or the office on forms provided by the board. If approved, the reclamation permit shall authorize the operator to engage in the mining operation described in the application upon the affected land for the life of the mine. Each application shall […]
§ 34-32.5-113. Exploration Notice – Reclamation Requirements
A person desiring to conduct exploration shall, prior to entry upon the lands, file with the board a notice of intent to conduct exploration operations on a form approved by the board. Such notice shall be accompanied by the fee specified in section 34-32.5-125. The notice shall contain: The name of the person or organization […]
§ 34-32.5-114. Protests – Petition for Hearing
An aggrieved person has the right to file written objections to and any person has the right to file written statements in support of an application for a permit and to petition for a hearing. Such protests or petitions for a hearing shall be filed with the board or office not more than twenty days […]
§ 34-32.5-115. Action by Board – Appeals
Upon receipt of an application for a permit and all fees due from the operator, the board or the office shall set a date for the consideration of such application not more than ninety days after the date of filing. At that time, the board or the office shall approve or deny the application or, […]
§ 34-32.5-116. Duties of Operators – Reclamation Plans
Every operator to whom a permit is issued pursuant to this article shall perform the reclamation prescribed by the reclamation plan adopted pursuant to this section. Reclamation plans shall be based upon provisions for, or satisfactory explanation of, all general requirements for the type of reclamation chosen. The details of the plan shall be appropriate […]
§ 34-32.5-117. Warranties of Performance – Warranties of Financial Responsibility – Release of Warranties
A permit shall not be issued under this article until the board receives the performance and financial warranties described in subsections (2), (3), and (4) of this section. A “performance warranty” is a written promise made by the operator to the board to comply with this article and shall be in such form as the […]
§ 34-32.5-118. Forfeiture of Financial Warranties
A financial warranty shall be subject to forfeiture whenever the board determines that one or more of the following circumstances exist: The operator has violated a cease-and-desist order entered pursuant to section 34-32.5-124 and, if corrective action was proposed in such order, has failed to complete such corrective action although ample time to do so […]
§ 34-32.5-119. Operators – Succession
When one operator succeeds another at an uncompleted operation, the board shall release the first operator from all liability as to that operation and shall release all applicable performance and financial warranties as to such operation if the successor operator assumes all liability for the reclamation of the affected land and such obligation is covered […]
§ 34-32.5-120. Permit Refused – Operator in Default
The board shall not grant a permit for new mining operations to an operator who is found to be in violation of this article at the time of application. Source: L. 95: Entire article added, p. 1185, § 1, effective July 1.