CO Code § 34-32-109 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-109. Necessity of Reclamation Permit - Application to Existing Permits

  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 Mining Land Reclamation Act of 1973” prior to and pending on July 1, 1976, shall be processed in accordance with the provisions of this article. Reclamation permits granted under the provisions of the “Colorado Open Mining Land Reclamation Act of 1973” prior to July 1, 1976, are valid reclamation permits for the purposes of this article and are subject to the provisions of this article for the purpose of renewal. An application for renewal shall be filed at least ninety days prior to the expiration of the reclamation permit. Such applications shall be in accordance with section 34-32-112; except that the applicant need not supply information, materials, and undertakings previously supplied. The application for renewal of a reclamation permit shall show the area mined or disturbed and the area reclaimed since the original reclamation permit or the last renewal.      An operator with an existing reclamation permit granted under the provisions of the “Colorado Open Mining Land Reclamation Act of 1973” may apply for the conversion of his existing reclamation permit to a reclamation permit for the life of the mine under the provision for renewal set forth in this subsection (3) at any time on or after July 1, 1976. The fee for the conversion of such an existing reclamation permit shall not exceed two hundred dollars if the conversion is made during the first year of the reclamation permit. (b) (I) An operator with an existing reclamation permit granted under the provisions of the “Colorado Open Mining Land Reclamation Act of 1973” may apply for the conversion of his existing reclamation permit to a reclamation permit for the life of the mine under the provision for renewal set forth in this subsection (3) at any time on or after July 1, 1976. The fee for the conversion of such an existing reclamation permit shall not exceed two hundred dollars if the conversion is made during the first year of the reclamation permit.    Thereafter, the provisions of section 34-32-127 (2) shall apply.          Mining operations which were lawfully being conducted prior to July 1, 1976, without a reclamation permit may continue to be so conducted until October 1, 1977, if, between July 1, 1976, and October 1, 1977, the operators of such existing mining operations apply for a reclamation permit as specified in this article. Any such operator, having made application by October 1, 1977, but not having received a reclamation permit by that date, shall be permitted to continue his mining operation until such reclamation permit is either granted or denied. Any such operator who is denied a reclamation permit and continues operations after such denial or who has not applied for a reclamation permit by October 1, 1977, and continues operations after October 1, 1977, shall be considered in violation of this article and subject to the provisions of section 34-32-123. An operator of an existing operation who is in compliance with all requirements of the statutes in effect prior to July 1, 1976, and the rules, regulations, and orders issued thereunder, and any applicable stabilization and reclamation agreements shall not be denied a reclamation permit if he provides performance and financial warranties and undertakes such new reclamation program as may reasonably be required in relation to his existing operation, pursuant to the provisions of this article.      Reclamation permits granted pursuant to applications, including applications for renewal, filed after June 30, 1976, shall be effective for the life of the particular mining operation if the operator complies with the conditions of such reclamation permits and with the provisions of this article and rules promulgated pursuant to this article which are in effect at the time the permit is issued or amended, except as provided in paragraph (b) of this subsection (5). Nothing in this article shall be construed to abrogate the duty of the operator to comply with other applicable statutes and rules and regulations.      This paragraph (b) shall apply to new statutory or regulatory requirements only and shall not serve to reopen the entire permit for technical review or for modification of the postmining land use. (b) (I) This paragraph (b) shall apply to new statutory or regulatory requirements only and shall not serve to reopen the entire permit for technical review or for modification of the postmining land use.    The board may, where good cause is shown, determine that certain regulations not in effect at the time a permit is given should be applicable to such existing permits or to any specified class or category of existing permits, if:   The board or office provides individual notice of the subject matter of the proposed rule in such manner as the board may require and the time, date, and place of the rule-making hearing to operators with existing permits who may be affected by such rule;    The board finds during the rule-making hearing that a failure to apply such proposed rule to existing permits or to an affected class or category of existing permits would pose a reasonable potential for danger to persons or property or the environment; and    The board sets a schedule for existing permit-holding operators to comply which is reasonable in light of the gravity of the risk to be avoided, any technical considerations, the cost of compliance, and any other relevant factors.       If the board makes a good faith effort to comply with the requirements of sub-subparagraph (B) of subparagraph (II) of this paragraph (b) and complies with the applicable provisions of article 4 of title 24, C.R.S., the adopted rule shall not be deemed invalid on the ground that notice to the affected parties was inadequate.          No governmental office of the state, other than the board, nor any political subdivision of the state shall have the authority to issue a reclamation permit pursuant to this article, to require reclamation standards different than those established in this article, or to require any performance or financial warranty of any kind for mining operations. The operator shall be responsible for assuring that the mining operation and the postmining land use comply with city, town, county, or city and county land use regulations and any master plan for extraction adopted pursuant to section 34-1-304 unless a prior declaration of intent to change or waive the prohibition is obtained by the applicant from the affected political subdivisions. Any mining operator subject to this article shall also be subject to zoning and land use authority and regulation by political subdivisions as provided by law.    An operator shall obtain a reclamation permit from the board for each mining operation with the exception of those specified in section 34-32-110 (1) and (2).    After the filing of any application for a reclamation permit under this article, the board shall notify each county in which the area proposed to be mined is located and each municipality located within two miles of the area to be mined of the filing of the application.    All mining operations for construction materials, as defined in section 34-32.5-103 (3), shall be subject to the provisions of article 32.5 of this title and not this article. Construction materials mining operations operating under permits issued prior to July 1, 1995, under the provisions of this article, shall continue to operate under such permits and such permits shall be deemed to be permits issued under the provisions of article 32.5 of this title.     History. Source: L. 76: Entire article R&RE, p. 729, § 1, effective July 1. L. 77: (6) amended, p. 1562, § 1, effective June 2. L. 81: (4) and (6) amended, p. 1667, § 3, effective June 19. L. 83: (6) amended, p. 1309, § 1, effective May 25. L. 88: Entire section amended, p. 1202, § 6, effective July 1. L. 91: (3)(b) amended, p. 1432, § 4, effective July 1. L. 92: (2) amended, p. 1939, § 36, effective July 1. L. 93: (5) amended, p. 1177, § 3, effective July 1. L. 96: (9) added, p. 178, § 2, effective April 8.    Editor's note:   This section is similar to former § 34-32-109 as it existed prior to 1976.   ANNOTATION   Law reviews. For article, “1974 Land Use Legislation in Colorado”, see 51 Den. L. J. 467 (1974). For article, “Liabilities of Nonoperating Mineral Interest Owners”, see 51 U. Colo. L. Rev. 153 (1980).   Eligibility for permits. Unless the subject land is zoned for mining use or permission for such use is granted by the local government following special use review proceedings, an operator is not eligible to receive a mining permit from the reclamation board. C & M Sand & Gravel v. Bd. of County Comm'rs, 673 P.2d 1013 (Colo. App. 1983).   Mining reclamation board and the division of mined land reclamation are definite and distinct entities and the designation of the division as a party defendant in lieu of a designation of the board in a challenge to the board's issuance of a mining permit was a failure to join an indispensable party, since the board is an indispensable party to such an action. Cold Springs Ranch v. Dept. of Nat. Res., 765 P.2d 1035 (Colo. App. 1988).   Applied in Hudspeth v. Bd. of County Comm'rs, 667 P.2d 775 (Colo. App. 1983); Conda, Inc. v. State Bd. of Land Comm'rs, 782 P.2d 851 (Colo. App. 1989), aff'd sub nom. Land Comm'rs v. Mined Land Reclamation Bd., 809 P.2d 974 (Colo. 1991).