CO Code § 34-32-112 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-112. Application for Reclamation Permit - Changes in Permits - Fees - Notice

  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 in such application for the life of the mine. Such application shall consist of the following:   Five copies of the application;    A reclamation plan submitted with each of the applications;    An accurate map of the affected land submitted with each of the applications;    The application fee as specified in section 34-32-127 (2).       The application forms shall state:   The legal description and area of affected land;    The owner of the surface of the area of affected land;    The owner of the substance to be mined;    The source of the applicant's legal right to enter and initiate a mining operation on the affected land;    The address and telephone number of the general office and the local address and telephone number of the applicant;    Information sufficient to describe or identify the type of mining operation proposed and how the operator, in his sole discretion, intends to conduct it;    The size of the area to be worked at any one time;    The timetable estimating the periods of time which will be required for the various stages of the mining operation. The operator shall not be required to meet the timetable, nor shall the timetable be subject to independent review by the board or the office.    For in situ leach mining operations, a certification by the applicant that no violations exist as described in section 34-32-115 (5)(d). If the applicant is not able to so certify, the applicant shall describe the circumstances as may be relevant to section 34-32-115 (5)(d) and provide the board or office any additional information reasonably requested regarding any such circumstances.    For in situ leach mining operations, a description of at least five in situ leach mining operations that demonstrates the ability of the applicant to conduct the proposed mining operation without any leakage, vertical or lateral migration, or excursion of any leaching solutions or groundwater-containing minerals, radionuclides, or other constituents mobilized, liberated, or introduced by the in situ leach mining process into any groundwater outside of the permitted in situ leach mining area. The fact that the applicant was not involved in any of the five operations shall not preclude the applicant from making the demonstration required by this paragraph (j).       The reclamation plan shall include provisions for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation shall be required on all the affected land. The reclamation plan shall include:   A description of the types of reclamation the operator proposes to achieve in the reclamation of the affected land, why each was chosen, and the amount of acreage accorded to each;    A description of how the reclamation plan will be implemented to meet the requirements of section 34-32-116;    A proposed plan or schedule indicating when and how reclamation will be implemented. Such plan or schedule shall not be tied to any date specific, but shall be tied to the implementation or completion of different stages of the mining operation.    Repealed.    A map of all of the proposed affected land by all phases of the total scope of the mining operation. It shall indicate the following:   The expected physical appearance of the area of the affected land, correlated to the proposed timetables required by paragraph (h) of subsection (2) of this section and the plan or schedule required by paragraph (c) of this subsection (3); and    Portrayal of the proposed final land use for each portion of the affected lands.          The accurate map of the affected lands shall:   Be made by a professional land surveyor, professional engineer, or other qualified person;    Identify the area which corresponds with the application;    Show adjoining surface owners of record;    Be made to a scale of not less than one hundred feet to the inch and not more than six hundred sixty feet to the inch;    Show the name and location of all creeks, roads, buildings, oil and gas wells and lines, and power and communication lines on the area of affected land and within two hundred feet of all boundaries of such area;    Show the total area to be involved in the operation, including the area to be mined and the area of affected land;    Show the topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of the affected land in question;    Indicate on a map or by a statement the general type, thickness, and distribution of soil over the area in question, including the affected land;    Show the type of present vegetation covering the affected land.       The reclamation plan shall also show by statement or map the depth and thickness of the ore body or deposit to be mined and the thickness and type of the overburden to be removed.    An application fee as specified in section 34-32-127 (2) shall be paid.    Each phase of reclamation is to be completed within five years after the date the operator advises the board that such phase has commenced, as provided in the introductory portion of section 34-32-116 (7)(q); except that such period may be extended by the board upon a finding that additional time is necessary for the completion of the terms of the reclamation plan.    An operator may, within the term of a reclamation permit, apply to the board or to the office for a reclamation permit amendment increasing the acreage to be affected or otherwise revising the reclamation plan. Where applicable, there shall be filed with any application for amendment a map and an application with the same content as required for an original application. The amended application shall be accompanied by a fee as specified in section 34-32-127 (2). Where an operator files a notice of temporary cessation pursuant to section 34-32-103 (6)(a)(II), such notice shall be accompanied by a fee as specified in section 34-32-127 (2). In addition, supplemental performance and financial warranties, as determined by the board or office, for any additional acreage shall be submitted. If the area of the original application is reduced, the amount of the financial warranty, as determined by the board or office, shall proportionately be reduced. Renewal applications shall contain the information required in the original application if different from that in the original application or renewal. The renewal reclamation permit shall show the area mined or disturbed and the area reclaimed since the original permit or the last renewal. Applications for renewal or amendment of a reclamation permit shall be reviewed by the board or the office in the same manner as applications for new reclamation permits.    Information provided the board or the office in an application for a reclamation permit relating to the location, size, or nature of the deposit or information required by subsection (5) of this section and marked confidential by the operator shall be protected as confidential information by the board and the office and not be a matter of public record in the absence of a written release from the operator or until such mining operation has been terminated. A person who willfully and knowingly violates the provisions of this subsection (9) or section 34-32-113 (3) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.      Upon the filing of an application for a reclamation permit with the board or the office, the applicant shall place a copy of such application for public inspection at the office of the board and at the office of the county clerk and recorder of the county in which the affected land is located. The copy of the application placed at the office of the county clerk and recorder shall not be recorded but shall be retained there until said application has been heard by the board or the office and be available for inspection during such period, and, at the end of such period, such copy may be reclaimed or destroyed by the applicant. The information exempted by subsection (9) of this section shall be deleted from such file copies.    The applicant shall cause notice of the filing of such applicant's application to be published in a newspaper of general circulation in the locality of the proposed mining operation once a week for four consecutive weeks, commencing not more than ten days after the filing of said application with the board or the office. Such notice shall contain information regarding the identity of the applicant, the location of the proposed mining operation if such information does not violate the provisions of subsection (9) of this section, the proposed dates of commencement and completion of the operation, the proposed future use of the affected land, the location where additional information about the operation may be obtained, and the location and final date for filing objections with the board or the office.    In addition, the applicant shall mail a copy of such notice immediately after first publication to all owners of record of the surface rights of the affected land, to the owners of record of immediately adjacent lands, to the owners of record of lands within three miles of affected land for in situ leach mining operations, and to any other persons who are owners of record that may be designated by the board that might be affected by the proposed mining operation. Proof of such notice and mailing, such as certified mail with return receipt requested where possible, shall be provided to the board or the office and become part of the application.         History. Source: L. 76: Entire article R&RE, p. 733, § 1, effective July 1. L. 79: (6) amended, p. 1251, § 2, effective May 25; (10)(a) amended, p. 1253, § 1, effective July 1. L. 81: (6) amended, p. 1677, § 2, effective April 30; (8) amended, p. 1679, § 1, effective May 21; (8) amended, p. 1669, § 6, effective June 19. L. 83: (9) amended, p. 2051, § 22, effective October 14. L. 84: (4)(a) amended, p. 1122, § 32, effective June 7. L. 88: IP(1), (2)(f), (2)(h), IP(3), (3)(c), (3)(e)(I), (6) to (9), and (10)(a) amended and (3)(d) repealed, pp. 1208, 1215, §§ 9, 16, effective July 1. L. 91: (6) amended, p. 757, § 32, effective April 4; IP(1), (2)(h), (8), (9), and (10) amended, p. 1420, § 3, effective May 6; (1)(d), (6), and (8) amended, p. 1434, § 7, effective July 1; (6) amended, p. 1072, § 53, effective July 1. L. 92: IP(1), (2)(h), (8), (9), and (10) amended, p. 1940, § 38, effective July 1. L. 2002: (9) amended, p. 1546, § 300, effective October 1. L. 2004: (10)(c) amended, p. 1784, § 1, effective June 4. L. 2008: (2)(i) and (2)(j) added and (10)(c) amended, pp. 936, 937, §§ 3, 4, effective May 20.    Editor's note:    This section is similar to former § 34-32-110 as it existed prior to 1976.    Amendments to subsection (8) by House Bill 81-1097 and House Bill 81-1518 were harmonized.    Amendments to subsection (6) by House Bill 91-1115 and House Bill 91-1198 were harmonized. Amendments to subsection (8) by Senate Bill 91-177 and House Bill 91-1115 were harmonized.     Cross references:   For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.   ANNOTATION   Applied in C & M Sand & Gravel v. Bd. of County Comm'rs, 673 P.2d 1013 (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).