2020 Colorado Revised Statutes
Title 34 - Mineral Resources
Article 32.5. Colorado Land Reclamation Act for the Extraction of Construction Materials
Section 34-32.5-113. Exploration notice - reclamation requirements.

(1) 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.

2. The notice shall contain:

1. The name of the person or organization doing the exploration;

2. A statement that exploration will be conducted pursuant to the terms and conditionslisted on the approved form;

3. A brief description of the type of operations that will be undertaken;

4. A description of the lands to be explored, by township and range;

5. An approximate date of commencement of operations; and

6. A description of the measures to be taken to reclaim affected lands, consistent withsection 34-32.5-116.

3. All information provided to the board in a notice of intent to conduct explorationshall be protected as confidential information by the board and shall not be a matter of public record In the absence of a written release from the operator.

4. (a) Upon filing a notice of intent to conduct exploration, the applicant shall provide a financial warranty in an amount determined by the office.

(b) An applicant may submit statewide warranties for exploration if such warranties are in an amount fixed by the board by rule and such person otherwise complies with this section for every area to be explored.

5. Upon completion of the exploration, there shall be filed with the board a notice ofcompletion of exploration operations. Reclamation shall be completed according to section 3432.5-116 and the approved notice of intent.

6. All drill holes sunk for the purpose of exploring for locatable or leasable minerals onany land within the state of Colorado shall be plugged, sealed, or capped pursuant to this subsection (6) by the person conducting the exploration. This subsection (6) shall not apply to holes drilled in conjunction with a mining operation for which the board has issued a permit nor to wells or holes regulated pursuant to section 34-33-117 and to article 60 of this title or article 80, 90, 91, or 92 of title 37, C.R.S.

7. (a) Drill holes sunk for exploration purposes shall be abandoned in the following manner:

1. Any artesian flow of groundwater to the surface shall be eliminated by a plug madeof cement or similar material or by a procedure sufficient to prevent such flow.

2. (A) Drill holes that encounter an aquifer in volcanic or sedimentary rock shall besealed using a sealing procedure that is adequate to prevent fluid communication between aquifers.

(B) For purposes of this subparagraph (II), "aquifer" shall have the same meaning as set forth in section 37-90-103 (2), C.R.S.

3. Each drill hole shall be securely capped at a minimum depth that is compatible withlocal cultivation practices or at a minimum of two feet below either the original land surface or the collar of the hole, whichever is lower. The cap shall be made of concrete or other material which is satisfactory for such capping and the site shall be backfilled above the cap to the original land surface.

4. If a drill hole is to be ultimately used as or converted to a water well, the user shallcomply with the applicable provisions of title 37, C.R.S.

5. Each drill site shall be reclaimed pursuant to section 34-32.5-116, including, if necessary, reseeding if grass or a crop was destroyed.

2. Abandonment in the manner provided in paragraph (a) of this subsection (7) shalloccur immediately following the drilling of the hole and the probing for construction materials in the exploration process; except that a drill hole may be maintained as temporarily abandoned without being plugged, sealed, or capped. However, no drill hole that is to be temporarily abandoned without being plugged, sealed, or capped shall be left in such a condition as to allow fluid communication between aquifers. Such temporarily abandoned drill holes shall be securely covered in a manner that will prevent injury to persons and animals.

3. No later than sixty days after the completion of the abandonment of a drill hole thathas artesian flow at the surface, the person conducting the exploration shall submit to the head of the office a report containing the location of such hole to within two hundred feet of its actual location, the estimated rate of flow of such artesian flow, if known, and a description of the technique used to plug such drill hole. Such report shall be confidential and shall not be a matter of public record.

4. No later than twelve months after the completion of the abandonment of a drill hole,the person conducting the exploration shall file with the head of the office a report containing the location of the hole to the nearest forty-acre legal subdivision and the facts of the technique used to plug, seal, or cap the hole. Such report and the information in such report shall be confidential and shall not be a matter of public record.

5. The head of the office may waive, upon written application filed with the director,any of the administrative provisions of this subsection (7) that pertain to aquifers.

8. The board shall inspect explored lands within ninety days after receiving notificationfrom the person exploring the lands that reclamation has been completed. If the board finds the reclamation satisfactory, it shall release all applicable performance and financial warranties. The financial warranty shall not be held for more than sixty days after satisfactory completion.

9. The board and the office are authorized to inspect any ongoing exploration operationor any exploration operation prior to the request for release of performance and financial warranties in order to determine compliance with this article.

Source: L. 95: Entire article added, p. 1169, § 1, effective July 1.