Title 34, Mineral Resources
0 chapters · 267 sections in this title.
Colo. Rev. Stat. § 34-33-101 Short title
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This article shall be known and may be cited as the Colorado Surface Coal Mining Reclamation Act. Source: L. 79: Entire article added, p. 1254, � 1, effective July 1.
Colo. Rev. Stat. § 34-33-102 Legislative declaration
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It is declared to be the policy of this state that surface coal mining operations and the reclamation of land affected by such operations are both necessary and proper activities. The purpose of this article is to assure that the coal required for local and national energy needs …
Colo. Rev. Stat. § 34-33-103 Definitions
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As used in this article, unless the context otherwise requires: (1) Administrator means the head of the office of mined land reclamation in the division of reclamation, mining, and safety in the department of natural resources. (2) Alluvial valley floors means the unconsolidated …
Colo. Rev. Stat. § 34-33-104 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 board have the full power and authority to carry out and administer the provisions of this article. Source: L. 79: Entire article added, p. 1258, � 1, effective July…
Colo. Rev. Stat. § 34-33-105 Jurisdiction of office and board
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The office and board shall have jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this article. Source: L. 79: Entire article added, p. 1258, � 1, effective July 1. L. 92: Entire section amended, p. 1945, � 50, ef…
Colo. Rev. Stat. § 34-33-106 Additional duties of division
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(1) In addition to duties of the division set forth in article 32 of this title, the division shall: (a) Carry on a continuing review of the problems of surface coal mining and land reclamation in this state; (b) Cause to be published the monthly agenda of the board with a brief …
Colo. Rev. Stat. § 34-33-107 Powers of department
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The department may initiate and encourage studies and programs with the office and other appropriate state agencies relating to the development of less destructive methods of surface coal mining operations, better methods of land reclamation, more effective reclaimed land use, an…
Colo. Rev. Stat. § 34-33-108 Rules and regulations - no more stringent
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(1) On July 1, 1979, the board shall commence development of reasonable rules and regulations respecting the administration and enforcement of this article and, in conformance therewith, shall promulgate such reasonable rules and regulations pursuant to the provisions of section …
Colo. Rev. Stat. § 34-33-109 Permits
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(1) No later than eight months after the date on which a Colorado program is approved by the secretary pursuant to section 503 of the federal Surface Mining Control and Reclamation Act of 1977, as amended, (Pub.L. 95-87), such date to be determined and set forth in a rule of the …
Colo. Rev. Stat. § 34-33-110 Application for permit
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(1) Any person desiring to obtain a permit to perform surface coal mining and reclamation operations shall make written application therefor to the office on forms approved by the board. Each application shall be submitted pursuant to the provisions of this article and shall be a…
Colo. Rev. Stat. § 34-33-111 Reclamation plan requirements
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(1) Each reclamation plan submitted as part of a permit application pursuant to this article shall include, in the degree of detail necessary to demonstrate that reclamation required by this article can be accomplished, a statement of: (a) The identification of the lands subject …
Colo. Rev. Stat. § 34-33-112 Small operator assistance
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(1) If the office finds that the probable total annual production at all locations of any operator or parent company will not exceed one hundred thousand tons, upon written request of the operator, the office shall, to the extent that funding or services are appropriated or other…
Colo. Rev. Stat. § 34-33-113 Performance bonds
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(1) After a permit application has been approved but before a permit is issued, the applicant shall file with the division, on a form prescribed and furnished by the board, a performance bond, payable to this state and conditioned upon faithful performance of all the requirements…
Colo. Rev. Stat. § 34-33-114 Permit approval or denial
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(1) Upon the basis of a complete permit application, including a reclamation plan, or revision or renewal thereof, as required by this article, including public notification and opportunity for public hearing as required by sections 34-33-118 and 34-33-119, the office shall proce…
Colo. Rev. Stat. § 34-33-115 Revision of permit
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(1) (a) During the term of the permit, the permittee may submit an application for revision of the permit, together with any necessary revisions to the reclamation plan, to the office. (b) An application for revision of a permit shall not be approved unless the office finds that …
Colo. Rev. Stat. § 34-33-116 Technical revision of permit - regulations
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(1) During the term of the permit, the permittee may submit an application for a technical revision of the permit to the office. (2) An application for a technical revision of a permit shall contain: (a) An identification of the permit by permit number or other appropriate refere…
Colo. Rev. Stat. § 34-33-117 Coal exploration permit - regulations
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(1) Coal exploration activities which cause substantial disturbance of the natural land surface shall be conducted in accordance with exploration regulations issued by the board. Such regulations shall include, at a minimum: (a) A requirement that, prior to conducting any explora…
Colo. Rev. Stat. § 34-33-118 Public notice and public hearings on complete applications
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(1) Upon submission of an application for permit, or revision or renewal thereof, as provided by this article, the office shall, within ten days of receipt of said application, review the submission and determine if it is complete. If the application is complete, the applicant sh…
Colo. Rev. Stat. § 34-33-119 Permit application decisions of the office - appeals
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(1) If an informal conference has been held pursuant to section 34-33-118 (6), any party thereto may submit additional information or comments to the office for a period of twenty days following the conference. The office shall issue a proposed decision, granting or denying the p…
Colo. Rev. Stat. § 34-33-121 Surface effects of underground coal mining
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(1) The board shall promulgate rules and regulations directed toward the surface effects of underground coal mining, embodying the requirements of this section and in accordance with the procedures of this article and the rules and regulations promulgated pursuant to this article…
Colo. Rev. Stat. § 34-33-122 Inspections and monitoring
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(1) For the purposes of administering and enforcing any permit under this article or of determining whether any person is in violation of any requirement of this article, the board shall require permittees to establish and maintain records of information relative to surface coal …
Colo. Rev. Stat. § 34-33-123 Enforcement - civil and criminal penalties
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(1) When, on the basis of any inspection, an authorized representative of the office determines that any condition or practices exist at a surface coal mining operation which is subject to this article or that any operator is in violation of any requirement of this article or any…
Colo. Rev. Stat. § 34-33-124 Review by board
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(1) (a) An operator issued any notice of violation or cessation order pursuant to the provisions of section 34-33-123 or any person having an interest which is or may be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or …
Colo. Rev. Stat. § 34-33-125 Release of performance bonds or deposits
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(1) The permittee may file a request with the office for the release of all or part of a performance bond or deposit. The permittee shall submit with such request a copy of a publication to be placed by the permittee at least once a week for four successive weeks in a newspaper o…
Colo. Rev. Stat. § 34-33-126 Designating areas unsuitable for surface coal mining
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(1) (a) Upon petition pursuant to subsection (2) of this section, the board shall designate an area as unsuitable for all or certain types of surface coal mining operations if the board determines, based upon competent and scientifically sound data and information derived from th…
Colo. Rev. Stat. § 34-33-127 Public agencies, public utilities, and public corporations
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Any agency, unit, or instrumentality of federal, state, or local government, including any publicly owned utility or publicly owned corporation of federal, state, or local government, which proposes to engage in surface coal mining operations, which are subject to the requirement…
Colo. Rev. Stat. § 34-33-128 Judicial review
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(1) Any order or decision issued by the board in a civil penalty proceeding, or in a proceeding under section 34-33-126 to establish an unsuitability designation, or in any proceeding required to be conducted pursuant to article 4 of title 24, C.R.S., shall be subject to judicial…
Colo. Rev. Stat. § 34-33-129 Surface coal mining operations not subject to this article
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(1) The provisions of this article shall not apply to any of the following activities: (a) The extraction of coal by a landowner for such landowner's own noncommercial use from land owned or leased by said landowner; and (b) (Deleted by amendment, L. 92, p. 1895, � 5, effective M…
Colo. Rev. Stat. § 34-33-130 Data inventory
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(1) The board is hereby authorized and directed to cooperate with and seek assistance from state, county, and federal agencies and universities and research institutions in this state and to work in close cooperation with local planning units in order to establish a database and …
Colo. Rev. Stat. § 34-33-131 Informal opinion as to alluvial valley floors
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Any person who proposes to engage in surface coal mining operations may, prior to making an application for a permit under this article, request that the board give an informal opinion on whether or not the area of land to be affected by such proposed operations is in, or adjacen…
Colo. Rev. Stat. § 34-33-133 Abandoned mine reclamation plan
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(1) The office of active and inactive mines is authorized and directed to develop, in accordance with the provision of Title IV of the federal Surface Mining Control and Reclamation Act of 1977, as amended, and the rules and regulations thereunder, an abandoned mine reclamation p…
Colo. Rev. Stat. § 34-33-133.5 Colorado mine subsidence protection program - rules
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(1) The board is authorized and directed to issue rules and regulations to develop a Colorado mine subsidence protection program, which shall provide protection for owners of private residential structures against damages caused by land subsidence from underground coal mines. The…
Colo. Rev. Stat. § 34-33-134 Experimental practices
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In order to encourage advances in coal mining and reclamation practices and to allow postmining land use for industrial, commercial, residential, or public use, including recreational facilities, the board, with the approval of the secretary, may authorize departures in individua…
Colo. Rev. Stat. § 34-33-135 Civil actions
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(1) Subject to the requirements of subsection (2) of this section, any person having an interest which is or may be adversely affected may commence a civil action on such person's own behalf to compel compliance with the provisions of this article against: (a) Any person or gover…
Colo. Rev. Stat. § 34-33-136 Water rights
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Nothing contained in this article shall be construed to affect or impair the rights and obligations attendant upon the ownership of water rights under Colorado water law. Source: L. 79: Entire article added, p. 1304, � 1, effective July 1.
Colo. Rev. Stat. § 34-33-137 Reservation clause
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Passage of this article shall not be deemed to be an admission by the state of Colorado as to the legality or constitutionality of the federal Surface Mining Control and Reclamation Act of 1977, as amended, and shall not be construed to limit, waive, or otherwise affect the right…