NOTE: The governor signed this measure on 3/20/2014.
      
      
      
      
      
      SENATE BILL 14-076
      
      
      BY SENATOR(S) Tochtrop, Brophy, Crowder, Guzman, Herpin, Jones,
      Roberts, Schwartz;
      also REPRESENTATIVE(S) Becker, Fields, Fischer, Ginal, Hamner,
      Hullinghorst, Labuda, Mitsch Bush, Pabon, Rankin, Saine.
      
      
      Concerning the creation of a hard rock mining permit issued by
           the division of reclamation, mining, and safety for mining
           operations disturbing no more than five acres of surface
           area.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 34-32-110, amend (1)
      (a), (1) (d), (2) (a) introductory portion, (2) (a) (II), (6), and (7) (b); and
      add (1) (f) as follows:
      
           34-32-110.  Limited impact operations - expedited process -
      repeal. (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 which mining operations that will result in the extraction of less
      than seventy thousand tons per year of mineral or overburden may apply for
      the expedited processing of such the person's permit. On and after By
      July 1, 2015, a person with a permit issued pursuant to this
      subparagraph (I) shall file with the office:
      
           (A)  Evidence of the source of the person's legal right to
      enter and initiate a mining operation on the affected land; and
      
           (B)  A financial warranty that complies with subsection (3)
      of this section.
      
           (II)  From July 1, 1993, to June 30, 2014, all applications for
      permits pursuant to this section shall must be submitted in accordance with
      subsection (2) of this section. This subparagraph (II) is repealed,
      effective July 1, 2014.
      
           (III)  Effective July 1, 2014, a person desiring to conduct
      mining operations on five acres or less may file with the office an
      application for a permit to conduct limited-impact mining
      operations; except that a person desiring to conduct in situ leach
      mining or a designated mining operation must file an application
      pursuant to section 34-32-112.5. A person shall not commence
      mining operations subject to this subparagraph (III) unless the
      person has filed an application pursuant to this section. The
      application for a permit must be on a form approved by the board
      and must contain the following:
      
           (A)  The address and telephone number of the operator's
      general office and the operator's local address or addresses and
      telephone number;
      
           (B)  The name, address, and telephone number of the owner
      of the surface of the affected land and the source of the
      applicant's legal right to enter and initiate a mining operation on
      the affected land;
      
           (C)  The name of the owner of the subsurface rights of the
      affected land;
      
           (D)  A statement that the operations will be conducted
      pursuant to the terms and conditions listed on the application
      and in accordance with this article and the rules promulgated
      pursuant to this article at the time the permit was approved or
      amended;
      
           (E)  A map showing information sufficient to determine the
      location of the affected land and existing and proposed roads or
      access routes to be used in connection with the mining operation;
      
           (F)  The approximate size of the affected land;
      
           (G)  Information sufficient to describe or identify the type
      of mining operation proposed and how the operator intends to
      conduct it;
      
           (H)  A statement that the operator has applied for
      necessary local government approvals; and
      
           (I)  Measures to be taken to reclaim any affected land
      consistent with the requirements of section 34-32-116.
      
           (d) (I)  The office may require the mine operator to post a
      financial warranty may be required to be posted by the mine operator,
      which warranty shall not exceed exceeding one thousand five hundred
      dollars. Such warranty, if forfeited pursuant to section 34-32-118, may be
      utilized by the board to reclaim any mined land subject to this subsection
      (1).
      
           (II)  This paragraph (d) shall be applicable applies to financial
      warranties provided for permits applied for pursuant to this subsection (1)
      before July 1, 1993.
      
           (III)  This paragraph (d) is repealed, effective July 1, 2015.
      
           (f)  Except as specified in paragraph (d) of this subsection (1),
      fees and financial warranties for permit applications submitted
      pursuant to this subsection (1) are governed by subsection (3) of
      this section.
      
           (2) (a)  Any A person desiring to conduct mining operations not
      covered by subsection (1) of this section on less than ten acres, which
      mining operations will result in the extraction of less than seventy thousand
      tons of mineral or overburden per calendar year, prior to commencement
      of mining, shall may file with the office, on a form approved by the board,
      an application for a permit to conduct mining operations; except that
      applications for in situ leach mining shall or a designated mining
      operation must be filed pursuant to section 34-32-112.5. This application
      shall must contain the following:
      
           (II)  The name, address, and telephone number of the owner of the
      surface of the affected land and the source of the applicant's legal
      right to enter and initiate a mining operation on the affected
      land;
      
           (6)  The office shall process and take final action on
      applications for permits made pursuant to subsection subsection (1) or (2)
      of this section shall be processed and final action taken thereon within
      thirty days of after the filing of such the application. If action upon the
      application is not completed within thirty days, the permit shall be is
      deemed approved and shall be promptly issued upon presentation by the
      applicant of a financial warranty in the amount provided in subsection (3)
      of this section. The provisions of Sections 34-32-112, 34-32-114, and
      34-32-115 concerning publication, notice, written objections, petitions, and
      supporting documents shall, so far as practicable, apply to this section, but
      the board shall, by regulation rule, provide simplified and reduced
      procedures and requirements which that are applicable to the thirty-day
      period. Within the thirty-day period, the board may make a determination
      on an application as provided in sections 34-32-114 and 34-32-115.
      
           (7) (b)  The office shall process and take final action on
      applications for conversion of a permit under this subsection (7) shall be
      processed and final action taken thereon in accordance with subsection (2)
      of this section or section 34-32-115, as appropriate. If the office does
      not take action upon the conversion of the permit is taken in accordance
      with the time limits of this subsection (7) or section 34-32-115, the
      conversion shall be is deemed approved, and a permit for the life of the
      mine shall be promptly issued upon presentation by the applicant of a
      financial warranty subject to the limitations provided in subsection (3) of
      this section or section 34-32-115 (3) or section 34-32-117 (4).
      
           SECTION 2.  In Colorado Revised Statutes, 34-32-127, amend (2)
      (a) introductory portion, (2) (a) (IV) introductory portion, and (2) (a) (IV)
      (A); and add (2) (a) (IV) (A.5) and (2) (a.1) as follows:
      
           34-32-127.  Mined land reclamation fund - created - fees - fee
      adjustments - rules - repeal. (2) (a)  The office shall collect fees for
      fiscal year 2007-08 2014-15 and for each subsequent year of operation
      shall be collected by the office for operations according to the following
      schedule:
      
           (IV)  Annual fees for fiscal year 2007-08 2014-15 and for each
      subsequent year for operations pursuant to:
      
           (A)  Section 34-32-110 (1) (if the permit was issued prior to
      July 1, 1993, excluding designated mining operations)$ 86
      
           (A.5)  Section 34-32-110 (1) (if the fee is not subject to
      sub-subparagraph (A) of this subparagraph (IV), excluding
      designated mining operations). . . . . . . . . .$ 172
      
           (a.1)  This paragraph (a.1) and sub-subparagraph (A) of
      subparagraph (IV) of paragraph (a) of this subsection (2) are
      repealed, effective July 1, 2015.
      
           SECTION 3.  Applicability. This act applies to conduct occurring
      on or after the effective date of this act.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________ ____________________________
      Morgan Carroll                        Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________ ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
            APPROVED________________________________________
      
      
      
      
      
                     _________________________________________
                     John W. Hickenlooper
                     GOVERNOR OF THE STATE OF COLORADO