2020 Colorado Revised Statutes
Title 34 - Mineral Resources
Article 32.5. Colorado Land Reclamation Act for the Extraction of Construction Materials
Section 34-32.5-112. Application for reclamation permit - changes in permits - fees - notice.

(1) (a) 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.

(b) Each application shall consist of:

1. Five copies of the application;

2. A reclamation plan submitted with each copy of the application;

3. An accurate map of the affected land submitted with each copy of the application;and

4. The application fee specified in section 34-32.5-125.

(c) Each application form shall include:

1. The legal description and area of affected land;

2. The name of the owner of the surface of the area of affected land;

3. The name of the owner of the substance to be mined;

4. The source of the applicant's legal right to enter and initiate a mining operation onthe affected land;

5. The address and telephone number of the general office and the local address andtelephone number of the applicant;

6. Information sufficient to describe or identify the type of mining operation proposedand how the operator intends to conduct such operation;

7. The size of the area to be worked at any one time;

8. A timetable estimating the periods required for 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.

(2) The reclamation plan shall include provisions for, or a 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:

1. A description of the types of reclamation the operator proposes to achieve in thereclamation of the affected land, why each was chosen, and the amount of acreage accorded to each;

2. A description of how the reclamation plan will be implemented to meet section 3432.5-116;

3. A proposed plan or schedule indicating when and how reclamation will be implemented, and such plan or schedule shall not be tied to a specific date but shall be tied to the implementation or completion of different stages of the mining operation;

4. A map showing the proposed affected lands by all phases of the total scope of themining operation. Such map shall:

(I) Indicate the expected physical appearance of the area of the affected land, correlated to the proposed timetables required by subparagraph (VIII) of paragraph (c) of subsection (1) of this section and the plan or schedule required by paragraph (c) of this subsection (2); and (II) Portray the proposed final land use for each portion of the affected lands.

(3) The map of the affected lands shall:

1. Be made by a professional land surveyor, professional engineer, or other qualifiedperson;

2. Identify the area that corresponds with the application;

3. Show adjoining surface owners of record;

4. Be made to a scale of not less than one hundred feet to the inch and not more than sixhundred sixty feet to the inch;

5. Show the name and location of all creeks, roads, buildings, oil and gas wells andlines, and power and communication lines within the area of the affected land and within two hundred feet of all boundaries of such area;

6. Show the total area to be involved in the operation, including the area to be minedand the area of affected land;

7. Show the topography of the area using contour lines of sufficient detail to portray thedirection and rate of slope of the affected land;

8. Indicate on a map or by a statement the general type, thickness, and distribution ofsoil over the area in question, including the affected land;

9. Show the type of vegetation covering the affected land.

4. The reclamation plan shall also show by statement or map the depth and thickness ofthe deposit to be mined and the thickness and type of the overburden to be removed, and where overburden is stockpiled, the approximate volumes stockpiled.

5. The application fee specified in section 34-32.5-125 shall be paid.

6. Reclamation shall be completed within five years after the date the operator advisesthe board that each phase of construction material extraction has been completed, as provided in section 34-32.5-116 (4)(q). Such five-year 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.

7. (a) An operator may, within the term of a reclamation permit, apply to the board or the office for a reclamation permit amendment to increase the acreage to be affected or otherwise revise the reclamation plan. An application for the amendment of a reclamation permit shall be reviewed by the board or office in the same manner as an application for a new reclamation permit. The operator shall also submit such supplemental performance and financial warranties as may be required by the board or office for the additional acreage. If the area described in the original application is reduced, then the amount of the financial warranty shall be reduced proportionately. When applicable, the operator shall file with the application for amendment a map and an application with the same content as required for an original application.

2. An amended application shall be accompanied by the fee specified in section 3432.5-125.

3. When an operator files a notice of temporary cessation pursuant to section 34-32.5103 (11)(b), such notice shall be accompanied by the fee specified in section 34-32.5-125.

8. The information provided in an application for a reclamation permit that relates tothe location, size, or nature of the deposit or information required by subsection (4) of this section and that is marked confidential by the operator shall be protected by the board and the office as confidential information. Such information shall not be a matter of public record in the absence of a written release from the operator or until the mining operation has been terminated. A person who willfully and knowingly violates this subsection (8) or section 34-32.5-113 (3) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

9. (a) Upon the filing of an application for a reclamation permit, the applicant shall place a copy of such application for public inspection at the office of the board and the office of the county clerk and recorder of the county in which the affected land is located. Such copy shall not include the information exempted by subsection (8) of this section. The copy placed at the office of the county clerk and recorder shall not be recorded but shall be retained until such application has been heard by the board or the office and shall be available for inspection during such period. At the end of such period, the copy may be reclaimed or destroyed by the applicant.

(b) The applicant shall cause notice of the filing of the application to be published in a newspaper of general circulation in the area of the proposed mining operation once a week for four consecutive weeks, commencing not more than ten days after the filing of such application with the board or office. Such notice shall contain information about the:

1. Identity of the applicant;

2. Location of the proposed mining operation, if such information does not violate subsection (8) of this section;

3. Proposed dates of commencement and completion of the operation;

4. Proposed future use of the affected land;

5. Location where additional information about the operation may be obtained;

6. Location and final date for filing objections with the board or the office.

(c) The applicant shall mail a copy of such notice immediately after first publication to all owners of record of the surface and mineral rights of the affected land, the owners of record of all land surface within two hundred feet of the affected lands, and any other owners of record designated by the board who may 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 shall become part of the application.

Source: L. 95: Entire article added, p. 1165, § 1, effective July 1. L. 2002: (8) amended,

p. 1546, § 301, effective October 1. L. 2004: (9)(c) amended, p. 758, § 1, effective May 13.

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.