Title 34, Mineral Resources
0 chapters · 267 sections in this title.
Colo. Rev. Stat. § 34-32-101 Short title
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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.
Colo. Rev. Stat. § 34-32-102 Legislative declaration
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(1) 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 co…
Colo. Rev. Stat. § 34-32-103 Definitions
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As used in this article 32, unless the context otherwise requires: (1) 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…
Colo. Rev. Stat. § 34-32-104 Administration
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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, �…
Colo. Rev. Stat. § 34-32-106 Duties of board
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(1) The board shall: (a) Meet at least once each month; (b) Carry on a continuing review of the problems of mining and land reclamation in the state of Colorado; (c) Develop and promulgate standards for land reclamation plans and substitution of affected lands as provided in sect…
Colo. Rev. Stat. § 34-32-107 Powers of board
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(1) 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 reclaim…
Colo. Rev. Stat. § 34-32-108 Rules and regulations
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(1) 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. (2) All rules and regulations shall be subject to the provisions of section 24-4-103, C.R.S. Source: L…
Colo. Rev. Stat. § 34-32-110 Limited impact operations - expedited process - reclamation-only permits - rules
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(1) (a) (I) 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 proc…
Colo. Rev. Stat. § 34-32-111 Special permits - ten-day processing. (Repealed)
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Source: L. 76: Entire article R&RE, p. 732, � 1, effective July 1. L. 81: (2)(d), (3)(h), (5), and (6) amended, p. 1669, � 5, effective June 19. L. 84: (2)(b) amended, p. 1122, � 31, effective June 7. L. 88: (3)(f) and (3)(i) amended, p. 1208, � 8, effective July 1. L. 91: (2)(c)…
Colo. Rev. Stat. § 34-32-112.5 Designated mining operation - rules
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(1) 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 fo…
Colo. Rev. Stat. § 34-32-113 Prospecting notice - reclamation requirements - rules
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(1) 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). (2) The …
Colo. Rev. Stat. § 34-32-114 Protests and petitions for hearing
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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 purs…
Colo. Rev. Stat. § 34-32-115 Action by board - appeals
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(1) 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 t…
Colo. Rev. Stat. § 34-32-116 Duties of operators - reclamation plans
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(1) 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. (2) Reclamation plans shall be based upon provisions for, or satisfactory explanation…
Colo. Rev. Stat. § 34-32-118 Forfeiture of financial warranties
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(1) A financial warranty shall be subject to forfeiture whenever the board shall determine that any one or more of the following circumstances exist: (a) The operator has violated a cease-and-desist order entered pursuant to section 34-32-124 and, if corrective action was propose…
Colo. Rev. Stat. § 34-32-119 Operators - succession
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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 …
Colo. Rev. Stat. § 34-32-120 Permit refused defaulting operator
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No permit for new mining operations shall be granted to any operator who is currently found to be in violation of the provisions of this article with respect to any operation in this state. Source: L. 76: Entire article R&RE, p. 744, � 1, effective July 1. Editor's note: This sec…
Colo. Rev. Stat. § 34-32-121 Entry upon lands for inspection
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The board, the office, or their authorized representatives may enter upon the lands of the operator at all reasonable times for the purpose of inspection to determine whether the provisions of this article have been complied with. Source: L. 76: Entire article R&RE, p. 744, � 1, …
Colo. Rev. Stat. § 34-32-121.5 Reporting certain conditions
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Any person engaged in a mining operation shall notify the office of any failure or imminent failure as soon as reasonably practicable after such person has knowledge of such condition, but for in situ leach mining operations in no event more than twenty-four hours after the disco…
Colo. Rev. Stat. § 34-32-123 Operating without a permit - penalty
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(1) Whenever an operator or prospector fails to obtain a valid permit or file a notice of intent under the provisions of this article, the board or the office may issue an immediate cease-and-desist order. Concurrently with the issuance of such an order, the board or the office m…
Colo. Rev. Stat. § 34-32-125 Conflict with Colorado Surface Coal Mining Reclamation Act
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Nothing in this article shall apply to any mining operation regarding reclamation of mined land which is regulated by the board or office pursuant to article 33 of this title. Source: L. 79: Entire section added, p. 1306, � 8, effective July 1. L. 92: Entire section amended, p. 1…
Colo. Rev. Stat. § 34-32-126 Fees - mined land reclamation cash fund. (Repealed)
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Source: L. 87: Entire section added, p. 1841, � 1, effective August 27. L. 88: Entire section repealed, p. 1215, � 16, effective July 1. 34-32-127. Mined land reclamation fund - created - fees - fee adjustments - rules. (1) (a) All moneys collected pursuant to this section shall …