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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

311 sections·Filtered byTitle 34✕

Colo. Rev. Stat. § 34-31-102 Accounting
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Any owner exercising the rights and privileges granted in this article shall do so in such manner as not to interfere with the mining operations of the owner into or through whose property he seeks to go, and shall extract only such ore as is necessary in the reasonable exercise …
Colo. Rev. Stat. § 34-31-103 Surveys
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The owner of such land through which it is proposed to construct such tunnel shall have the right at any reasonable time and from time to time, upon application to the superintendent or other managing officer of such condemning owner, to enter his works with their surveyors and i…
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.
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…

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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 whe…

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. § 34-32-105 Office of mined land reclamation - mined land reclamation board - created

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(1) There is created, in the division of reclamation, mining, and safety in the department of natural resources, the office of mined land reclamation and, in the department of natural resources, the mined land reclamation board. The head of the office of mined land reclamation is…

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. § 34-32-109 Necessity of reclamation permit - application to existing permits

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(1) Reclamation permits for mining operations shall be obtained as specified in this article. (2) After June 30, 1976, any operator proposing to engage in a new mining operation must first obtain from the board or office a reclamation permit as specified in this article. (3) (a) …

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. § 34-32-112 Application for reclamation permit - changes in permits - fees - notice

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(1) An operator desiring to obtain a reclamation permit shall make written application to the board or to the office for a permit on forms provided by the board. The reclamation permit or the renewal of an existing permit, if approved, must authorize the operator to engage in suc…

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. § 34-32-116.5 Environmental protection plan - designated mining operation - rules

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(1) (a) An environmental protection plan shall be required for all designated mining operations. (b) All nondesignated mining operations are exempt from this section. (2) Once adopted, the provisions of an environmental protection plan shall be enforceable by the board and by the…

Colo. Rev. Stat. § 34-32-117 Warranties of performance - warranties of financial responsibility - release of warranties - applicability

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(1) No permit may be issued under this article until the board receives performance and financial warranties as described in subsections (2), (3), and (4) of this section. (2) A "performance warranty" shall consist of a written promise to the board, by the operator, to comply wit…

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.

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. § 34-32-122 Fees, civil penalties, and forfeitures - deposit - emergency response cash fund - created - definition

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

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. § 34-32-124 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 there has occurred a violation of an order, permit, notice of intent, or regulation issued under the authority of this article, written notice shall be given to the operator or prospector of the alleged violation. Su…

Colo. Rev. Stat. § 34-32-124.5 Emergencies endangering public health or welfare or environment

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(1) Following an investigation, an emergency response is justified pursuant to section 34-32-122 (3) if the board or office determines that: (a) Any person is: (I) Engaging in any activity not sanctioned by, or that constitutes a material violation of, a permit for a mining opera…

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. § 34-32-127 Mined land reclamation fund - created - fees - fee adjustments - rules

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(1) (a) All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the mined land reclamation fund, which fund is hereby created. The moneys in the mined land reclamation fund shall consist of fees collected by the offi…

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. ANNOTATION Law reviews. For article, "Cumulative Impact Assessment of Western Energy Development: Will it Happe…

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 unconsolida…

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 th…

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…