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Colorado Statutes, Title 34

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Title 34, Mineral Resources

0 chapters · 311 sections in this title.

All chapters in Title 34311 Ch 6039 Ch 3338 Ch 3229 Ch 32.525 Ch 5124 Ch 4316 Ch 2213 Ch 2412 Ch 5312 Ch 4811 Ch 2110 Ch 4410 Ch 509 Ch 618

25 sections·Filtered byTitle 34✕Ch 32.5✕

Colo. Rev. Stat. § 34-32.5-101 Short title
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This article shall be known and may be cited as the "Colorado Land Reclamation Act for the Extraction of Construction Materials". Source: L. 95: Entire article added, p. 1155, § 1, effective July 1. ANNOTATION Law reviews. For article, "Build It and They Will Come for Gravel", se…
Colo. Rev. Stat. § 34-32.5-102 Legislative declaration
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(1) The general assembly hereby declares that the extraction of construction materials for government and private enterprise and the reclamation of land affected by such extraction are necessary and proper activities that are compatible. It is the intent of the general assembly t…
Colo. Rev. Stat. § 34-32.5-103 Definitions
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As used in this article, unless the context otherwise requires: (1) "Affected land" means the surface of an area within the state where a mining operation is being or will be conducted, which surface is disturbed as a result of an operation. Affected lands include, but shall not …
Colo. Rev. Stat. § 34-32.5-104 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 and the board have the full power and authority to carry out and administer the provisions of this article. The office is responsible for the enforcement of reclamation …

Colo. Rev. Stat. § 34-32.5-105 Office of mined land reclamation - mined land reclamation board

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The office and the board created in section 34-32-105 shall administer this article. Source: L. 95: Entire article added, p. 1160, § 1, effective July 1.

Colo. Rev. Stat. § 34-32.5-106 Duties of board

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In addition to the duties of the board set forth in section 34-32-106 (1), the board shall cause to be published the minutes of its meetings and approve or deny reclamation permits. The board may delegate its responsibility to approve reclamation permits to the director except fo…

Colo. Rev. Stat. § 34-32.5-107 Powers of board

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The board has the powers set forth in section 34-32-107. Source: L. 95: Entire article added, p. 1160, § 1, effective July 1.

Colo. Rev. Stat. § 34-32.5-108 Rules

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The board may adopt and promulgate reasonable rules respecting the administration of this article. Source: L. 95: Entire article added, p. 1160, § 1, effective July 1.

Colo. Rev. Stat. § 34-32.5-109 Reclamation permit required - existing permits

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(1) Before engaging in a new operation, an operator shall first obtain from the board or office a reclamation permit pursuant to section 34-32.5-110, 34-32.5-111, or 34-32.5-112. Notwithstanding this subsection (1), an operator who obtained a permit under section 34-32-110, 34-32…

Colo. Rev. Stat. § 34-32.5-110 Existing limited impact operations - expedited process

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(1) (a) Any person desiring to conduct mining operations on less than ten acres, prior to commencement of mining, shall file with the office, on a form approved by the board, an application for a permit to conduct mining operations. This application shall contain the following: (…

Colo. Rev. Stat. § 34-32.5-111 Special permits - fifteen-calendar-day processing

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(1) (a) An operator of a construction materials extraction operation is subject to this section if the operation is conducted solely to obtain materials for highway, road, utility, or similar construction purposes under a federal, state, county, city, town, or special district co…

Colo. Rev. Stat. § 34-32.5-112 Application for reclamation permit - changes in permits - fees - notice

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(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 …

Colo. Rev. Stat. § 34-32.5-113 Exploration notice - reclamation requirements

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(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 notic…

Colo. Rev. Stat. § 34-32.5-114 Protests - petition for hearing

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An aggrieved person has the right to file written objections to and any person has the right to file written statements in support of an application for a permit and to petition for a hearing. Such protests or petitions for a hearing shall be filed with the board or office not mo…

Colo. Rev. Stat. § 34-32.5-115 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. § 34-32.5-116 Duties of operators - reclamation plans

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(1) Every operator to whom a permit is issued pursuant to this article shall perform the reclamation prescribed by the reclamation plan adopted pursuant to this section. (2) Reclamation plans shall be based upon provisions for, or satisfactory explanation of, all general requirem…

Colo. Rev. Stat. § 34-32.5-117 Warranties of performance - warranties of financial responsibility - release of warranties - definitions

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(1) A permit shall not be issued under this article until the board receives the performance and financial warranties described in subsections (2), (3), and (4) of this section. (2) A "performance warranty" is a written promise made by the operator to the board to comply with thi…

Colo. Rev. Stat. § 34-32.5-118 Forfeiture of financial warranties

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(1) A financial warranty shall be subject to forfeiture whenever the board determines that one or more of the following circumstances exist: (a) The operator has violated a cease-and-desist order entered pursuant to section 34-32.5-124 and, if corrective action was proposed in su…

Colo. Rev. Stat. § 34-32.5-119 Operators - succession

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When one operator succeeds another at an uncompleted operation, the board shall release the first operator from all liability as to that operation and shall release all applicable performance and financial warranties as to such operation if the successor operator assumes all liab…

Colo. Rev. Stat. § 34-32.5-120 Permit refused - operator in default

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The board shall not grant a permit for new mining operations to an operator who is found to be in violation of this article at the time of application. Source: L. 95: Entire article added, p. 1185, § 1, effective July 1.

Colo. Rev. Stat. § 34-32.5-121 Entry upon lands for inspection - reporting certain conditions

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(1) The board, the office, or their authorized representatives may enter upon the lands of an operator at any reasonable time for inspection purposes to determine if the requirements of this article have been or are being met. (2) Any person engaged in any mining operation shall …

Colo. Rev. Stat. § 34-32.5-122 Fees, civil penalties, and forfeitures - deposit

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All fees and assessments collected pursuant to this article 32.5 shall be deposited in the mined land reclamation fund created in section 34-32-127. All civil penalties collected pursuant to this article 32.5 shall be deposited in the general fund. One hundred percent of the proc…

Colo. Rev. Stat. § 34-32.5-123 Operating without a permit - penalty

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(1) If an operator or person conducting exploration fails to obtain a valid permit or file a notice of intent pursuant to 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 …

Colo. Rev. Stat. § 34-32.5-124 Failure to comply with conditions of order, permit, or regulation

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(1) Whenever the board or the office has reason to believe that a violation of an order, permit, notice of intent, or regulation issued under this article has occurred, written notice of the alleged violation shall be given to the operator or person conducting the exploration. Su…

Colo. Rev. Stat. § 34-32.5-125 Mined land reclamation fund - fees

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(1) Fees for fiscal year 2007-08 and for each subsequent year of operation shall be collected by the office for operations according to the following schedule: (a) Applications pursuant to: (I) Section 34-32.5-110 (2) ..............................................................…