This article shall be known and may be cited as the “Colorado Mined Land Reclamation Act”. Source: L. 76: Entire article R&RE, p. 724, § 1, effective July 1. Editor’s note: This section is similar to former § 34-32-101 as it existed prior to 1976.
It is declared to be the policy of this state that the extraction of minerals and the reclamation of land affected by such extraction are both necessary and proper activities. It is further declared to be the policy of this state that both such activities should be and are compatible. It is the intent of […]
As used in this article, unless the context otherwise requires: “Acid or toxic producing materials” means natural or reworked earth materials having acid or toxic chemical and physical characteristics. (1.5) “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 […]
In addition to the duties and powers prescribed by the provisions of article 4 of title 24, C.R.S., the office has the full power and authority to carry out and administer the provisions of this article and article 32.5 of this title. Source: L. 76: Entire article R&RE, p. 727, § 1, effective July 1. […]
There is hereby created, in the division of reclamation, mining, and safety in the department of natural resources, the office of mined land reclamation and, in the department of natural resources, the mined land reclamation board. The head of the office of mined land reclamation shall be appointed by the director. The head of the […]
The board shall: Meet at least once each month; Carry on a continuing review of the problems of mining and land reclamation in the state of Colorado; Develop and promulgate standards for land reclamation plans and substitution of affected lands as provided in section 34-32-116; Cause to be published its monthly agenda with a brief […]
The board may initiate and encourage studies and programs through the department and in other agencies and institutions of state government relating to the development of less destructive methods of mining operations, better methods of land reclamation, more effective reclaimed land use, and coordination of the provisions of this article with the programs of other […]
The board may adopt and promulgate reasonable rules and regulations respecting the administration of this article and article 32.5 of this title and in conformity therewith. All rules and regulations shall be subject to the provisions of section 24-4-103, C.R.S. Source: L. 76: Entire article R&RE, p. 728, § 1, effective July 1. L. 77: […]
Reclamation permits for mining operations shall be obtained as specified in this article. After June 30, 1976, any operator proposing to engage in a new mining operation must first obtain from the board or office a reclamation permit as specified in this article. Applications for reclamation permits filed under the provisions of the “Colorado Open […]
Any person desiring to conduct mining operations pursuant to an application submitted prior to July 1, 1993, on less than two acres that will result in the extraction of less than seventy thousand tons per year of mineral or overburden may apply for the expedited processing of the person’s permit. By July 1, 2015, a […]
Any operator desiring to obtain a reclamation permit shall make written application to the board or to the office for a permit on forms provided by the board. The reclamation permit or the renewal of an existing permit, if approved, shall authorize the operator to engage in such mining operation upon the affected land described […]
This section shall apply only to designated mining operations as defined in section 34-32-103 (3.5). All nondesignated mining operations are exempt from this section. The board may propose that the general assembly enact specific requirements for exempted operations as set forth in subsection (2) of this section. If an operator demonstrates to the board at […]
Any person desiring to conduct prospecting shall, prior to entry upon the lands, file with the board a notice of intent to conduct prospecting operations on a form approved by the board. Such notice shall be accompanied by a fee as specified in section 34-32-127 (2). The notice form shall contain the following: The name […]
Any person has the right to file written objections to or statements in support of an application for a permit with the board. Such protests or petitions for a hearing shall be timely filed with the board not more than twenty days after the date of last publication of notice pursuant to section 34-32-112 (10). […]
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, […]
Every operator to whom a permit is issued pursuant to the provisions of this article shall perform such reclamation as is 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 […]
An environmental protection plan shall be required for all designated mining operations. All nondesignated mining operations are exempt from this section. Once adopted, the provisions of an environmental protection plan shall be enforceable by the board and by the office to the same extent as any other permit provision or condition. The board shall promulgate […]
No permit may be issued under this article until the board receives performance and financial warranties as described in subsections (2), (3), and (4) of this section. A “performance warranty” shall consist of a written promise to the board, by the operator, to comply with all requirements of this article. Performance warranties shall be in […]
A financial warranty shall be subject to forfeiture whenever the board shall determine that any one or more of the following circumstances exist: The operator has violated a cease-and-desist order entered pursuant to section 34-32-124 and, if corrective action was proposed in such order, has failed to complete such corrective action although ample time to […]
Where one operator succeeds another at any uncompleted operation, the board shall release the first operator from all liability as to that particular reclamation operation and shall release all applicable performance and financial warranties as to such operation if the successor operator assumes, as part of his obligation under this article, all liability for the […]
