First Regular Session
Sixty-second General Assembly
LLS NO. 99-0413.01 Robert Neill HOUSE BILL 99-1303
STATE OF COLORADO
BY REPRESENTATIVE Tupa
AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
A BILL FOR AN ACT
101 CONCERNING THE ALTERATION OF POSTMINING RECLAMATION PLANS,
102 AND, IN CONNECTION THEREWITH, NOTIFYING AFFECTED
103 LANDOWNERS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires the mined land reclamation board ("board"), to publish
the month's agenda of affected lands once a week for 4 weeks in a
newspaper in the locality of the proposed mining operations. Requires
the board to certify that the data used in evaluating reclamation and
enforcement is current and accurate. Allows the board or the local county
commissioners to initiate a rule-making hearing to apply new regulations
to existing permits if a danger to persons, property, or the environment is
at stake. Requires a mining operator to be responsible for the reclamation
plan during all phases of the mining operation and requires the board to
address or dismiss any written objection before approving changes to a
reclamation plan.
Requires any application for a reclamation permit to include a
current and accurate map that does not conflict with existing maps.
Requires any such conflict to be explained to the board's satisfaction.
Requires the map to also include all reasonably obtainable subsurface
geologic and hydrologic features of the affected land.
Requires the board to consider whether a change to an existing
reclamation plan is significant enough to necessitate additional notice and
a hearing, including the long-range effect on land use beyond the area
encompassed by the permit.
Requires notice of a reclamation permit to be mailed to owners of
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
lands that might be affected by the proposed mining operation, including
owners of record of surface water and ground water rights, all owners of
record within an affected flood zone or drainage basin, and other persons
designated by the board.
Permits the board to hold a hearing on whether to grant a
reclamation permit in its discretion or at the request of the local
governing authority and requires the board to publish notice of the
hearing once a week for 4 weeks immediately prior to the hearing.
Requires a copy of an annual report and map submitted by the operator,
concerning anticipated disturbances during the upcoming year at the
mining operation, to be sent to the local governing authority, and a brief
summary published in a newspaper in the locality of the mining
operation.
Requires reclamation plans to minimize disturbances to the
affected floodplain and drainage basin. Requires an operator to obtain
written proof of compliance at each phase of final reclamation. Requires
proof of satisfactory compliance at each phase of reclamation from the
local governing authority before the board releases financial and
performance warranties.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 34-32-103, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW SUBSECTION to read:
4 34-32-103. Definitions. As used in this article, unless the context
5 otherwise requires:
6 (6.5) "LOCAL GOVERNING AUTHORITY" MEANS THE BOARD OF
7 COUNTY COMMISSIONERS OF ANY COUNTY IN WHICH A MINING OPERATION
8 SUBJECT TO THIS ARTICLE LIES.
9 SECTION 2. 34-32-106 (1) (d), Colorado Revised Statutes, is
10 amended, and the said 34-32-106 (1) is further amended BY THE
11 ADDITION OF A NEW PARAGRAPH, to read:
12 34-32-106. Duties of the board. (1) The board shall:
13 (d) Cause to be published its monthly agenda with a brief
Page 3
1 description of affected land and name of the applicant. These
2 publications shall be PUBLISHED ONCE A WEEK FOR FOUR CONSECUTIVE
3 WEEKS in a newspaper of general circulation in the locality of the
4 proposed mining operations listed in that month's agenda.
5 (f) CERTIFY, AS FAR AS PRACTICABLE, THAT WHATEVER DATA AND
6 TECHNICAL ASSISTANCE IT DEEMS NECESSARY FOR EVALUATING THE
7 PERFORMANCE OF TOTAL RECLAMATION, ENFORCEMENT DUTIES, AND
8 COMPLIANCE WITH ANY CHANGE IN THE RECLAMATION PLAN IS CURRENT
9 AND ACCURATE.
10 SECTION 3. 34-32-109 (5) (b) (II) (B) and (6), Colorado
11 Revised Statutes, are amended to read:
12 34-32-109. Necessity of reclamation permit - application to
13 existing permits. (5) (b) (II) The board may, where good cause is shown,
14 determine that certain regulations not in effect at the time a permit is
15 given should be applicable to such existing permits or to any specified
16 class or category of existing permits, if:
17 (B) The board finds during the rule-making hearing, WHICH CAN
18 BE INITIATED BY THE BOARD OR BY THE LOCAL GOVERNING AUTHORITY,
19 that a failure to apply such proposed rule to existing permits or to an
20 affected class or category of existing permits would pose a reasonable
21 potential for danger to persons or property or the environment; and
22 (6) No governmental office of the state, other than the board, nor
23 any political subdivision of the state shall have the authority to issue a
24 reclamation permit pursuant to this article, to require reclamation
25 standards different than those established in this article, or to require any
26 performance or financial warranty of any kind for mining operations.
Page 4
1 The operator shall be responsible, DURING ALL PHASES, for assuring that
2 the mining operation and the postmining land use comply with city, town,
3 county, or city and county land use regulations, SPECIAL USE PERMITS, and
4 any master plan for extraction adopted pursuant to section 34-1-304
5 unless a prior declaration of intent to change or waive the prohibition is
6 obtained by the applicant from the affected political subdivisions, AND
7 ANY WRITTEN OBJECTION TO THE PROPOSED CHANGES RAISED BY THE
8 LOCAL GOVERNING AUTHORITY OR AFFECTED PARTIES HAS BEEN
9 ADDRESSED OR DISMISSED BY THE BOARD. Any mining operator subject
10 to this article shall also be subject to zoning and land use authority and
11 regulation by political subdivisions as provided by law.
12 SECTION 4. The introductory portion to 34-32-112 (4) and
13 34-32-112 (8) and (10) (c), Colorado Revised Statutes, are amended, and
14 the said 34-32-112 (4) is further amended BY THE ADDITION OF THE
15 FOLLOWING NEW PARAGRAPHS, to read:
16 34-32-112. Application for reclamation permit - changes in
17 permits - fees - notice. (4) The accurate AND CURRENT map of the
18 affected lands shall:
19 (j) NOT CONFLICT WITH EXISTING MAPS OR SURVEYS UNLESS ANY
20 CONFLICT IS CLEARLY EXPLAINED TO THE BOARD'S SATISFACTION;
21 (k) INCLUDE ALL OBTAINABLE SUBSURFACE GEOLOGIC AND
22 HYDROLOGIC FEATURES OF THE AFFECTED LAND.
23 (8) An operator may, within the term of a reclamation permit,
24 apply to the board or to the office for a reclamation permit amendment
25 increasing the acreage to be affected or otherwise revising the reclamation
26 plan. IN DETERMINING WHETHER A CHANGE TO AN EXISTING
Page 5
1 RECLAMATION PERMIT IS A REVISION OR AN AMENDMENT, THE BOARD
2 SHALL CONSIDER WHETHER THE PROPOSED CHANGE IS SIGNIFICANT
3 ENOUGH TO NECESSITATE THE ADDITIONAL NOTICE AND HEARING
4 REQUIRED FOR AN AMENDMENT PURSUANT TO THIS SECTION AND SECTION
5 34-32-114. AMONG OTHER THINGS, THE BOARD SHALL CONSIDER THE
6 LONG-RANGE EFFECT ON LAND USE BEYOND THE AREA ENCOMPASSED BY
7 THE PERMIT THAT COULD OCCUR AS A RESULT OF THE CHANGE. Where
8 applicable, there shall be filed with any application for amendment a map
9 and an application with the same content as required for an original
10 application. The amended application shall be accompanied by a fee as
11 specified in section 34-32-127 (2). Where an operator files a notice of
12 temporary cessation pursuant to section 34-32-103 (6) (a) (II), such notice
13 shall be accompanied by a fee as specified in section 34-32-127 (2). In
14 addition, supplemental performance and financial warranties, as
15 determined by the board or office, for any additional acreage shall be
16 submitted. If the area of the original application is reduced, the amount
17 of the financial warranty, as determined by the board or office, shall
18 proportionately be reduced. Renewal applications shall contain the
19 information required in the original application if different from that in
20 the original application or renewal. The renewal reclamation permit shall
21 show the area mined or disturbed and the area reclaimed since the
22 original permit or the last renewal. Applications for renewal or
23 amendment of a reclamation permit shall be reviewed AND APPROVED by
24 the board or the office AND THE LOCAL AUTHORITIES in the same manner
25 as applications for new reclamation permits.
26 (10) (c) In addition, the applicant shall mail a copy of such notice
Page 6
1 immediately after first publication to all owners of the surface rights,
2 INCLUDING SURFACE WATER AND GROUND WATER RIGHTS, of the affected
3 land, to the owners of record of immediately adjacent lands, ALL OWNERS
4 OF RECORD WITHIN AN AFFECTED FLOOD ZONE OR DRAINAGE BASIN, and
5 to any other persons DESIGNATED BY THE BOARD who are owners of
6 record OF LAND that may be designated by the board which might be
7 affected by the proposed mining operation. Proof of such notice and
8 mailing, such as certified mail with return receipt requested where
9 possible, shall be provided to the board or the office and become part of
10 the application.
11 SECTION 5. 34-32-114, Colorado Revised Statutes, is amended
12 to read:
13 34-32-114. Protests and petitions for a hearing. Any person has
14 the right to file written objections to or statements in support of an
15 application for a permit with the board. Such protests or petitions for a
16 hearing shall be timely filed with the board not more than twenty THIRTY
17 days after the date of last publication of notice pursuant to section
18 34-32-112 (10). For good cause shown in the protest or petition
19 documents, the board, in its discretion OR AT THE REQUEST OF THE LOCAL
20 GOVERNING AUTHORITY, may hold a hearing pursuant to section
21 34-32-115 on the question of whether the permit should be granted.
22 SUCH A HEARING SHALL TAKE PLACE, WHERE IT IS FEASIBLE TO DO SO, IN
23 THE COUNTY OR COUNTIES OF THE AFFECTED LANDS. The applicant shall
24 be notified within ten days of any objections to his SUCH APPLICANT'S
25 application and be supplied with a copy of the written objections.
26 SECTION 6. 34-32-115 (2), Colorado Revised Statutes, is
Page 7
1 amended to read:
2 34-32-115. Action by board - appeals. (2) Prior to the holding
3 of any such hearing, the board or the office shall provide notice to any
4 person previously filing a protest or petition for a hearing or statement in
5 support of an application pursuant to section 34-32-114 and shall publish
6 notice of the time, date, and location of the hearing in a newspaper of
7 general circulation in the locality of the proposed mining operation once
8 a week for two FOUR consecutive weeks immediately prior to the hearing.
9 The hearing shall be conducted as a proceeding pursuant to article 4 of
10 title 24, C.R.S. A final decision on the application shall be made within
11 one hundred twenty days of the receipt of the application. In the event
12 of complex applications, serious unforeseen circumstances, or significant
13 snow cover on the affected land that prevents a necessary on-site
14 inspection, the board or the office may reasonably extend the maximum
15 time sixty days.
16 SECTION 7. 34-32-116 (3), (6), (7) (f), and (7) (g) and the
17 introductory portion to 34-32-116 (7) (q), Colorado Revised Statutes, are
18 amended to read:
19 34-32-116. Duties of operators - reclamation plans. (3) On the
20 anniversary date of the permit each year, the operator shall submit a
21 report and a map showing the extent of current disturbances to affected
22 land, reclamation accomplished to date and during the preceding year,
23 new disturbances that are anticipated to occur during the upcoming year,
24 and reclamation that will be performed during the upcoming year. A
25 COPY OF THE REPORT AND MAP SHALL BE SENT TO THE LOCAL GOVERNING
26 AUTHORITY AND A BRIEF SUMMARY OF THE REPORT AND WHERE IT CAN BE
Page 8
1 REVIEWED BY THE PUBLIC SHALL BE PUBLISHED IN A NEWSPAPER OF
2 GENERAL CIRCULATION IN THE LOCALITY OF THE MINING OPERATION.
3 (6) For operators who have filed an application pursuant to
4 section 34-32-110 (1), the operator shall submit an annual fee as specified
5 in section 34-32-127 (2) and a map or sketch AN ACCURATE MAP
6 describing the acreage affected to date and the acreage reclaimed to date.
7 (7) Reclamation plans and the implementation thereof shall
8 conform to the following general requirements:
9 (f) Where it is necessary to remove overburden in order to mine
10 the mineral, topsoil shall be removed from the affected land and
11 segregated from other spoil. If such topsoil is not replaced on a backfill
12 area within a time short enough to avoid deterioration of the topsoil,
13 vegetative cover or other means shall be employed so that the topsoil is
14 preserved from wind and water erosion, remains free of any
15 contamination by other acid or toxic material, and is in a useable
16 condition for sustaining vegetation when restored during reclamation. If,
17 in the discretion of the board AND THE LOCAL BOARD OF COUNTY
18 COMMISSIONERS OR THE BOARD OF SUPERVISORS OF THE SOIL
19 CONSERVATION DISTRICT, such topsoil is of insufficient quantity or of
20 poor quality for sustaining vegetation or if other strata can be shown to
21 be more suitable for vegetation requirements, the operator shall remove,
22 segregate, and preserve in a like manner such other strata which are best
23 able to support vegetation.
24 (g) Disturbances to the prevailing hydrologic balance of the
25 affected land, INCLUDING BUT NOT LIMITED TO BOTH THE UPSTREAM AND
26 DOWNSTREAM FLOODPLAIN AND THE AFFECTED DRAINAGE BASIN, and of
Page 9
1 the surrounding area and to the quality and quantity of water in surface
2 and ground water systems both during and after the mining operation and
3 during reclamation shall be minimized. Nothing in this paragraph (g)
4 shall be construed to allow the operator to avoid compliance with other
5 statutory provisions governing well permits and augmentation
6 requirements and replacement plans when applicable.
7 (q) All reclamation provided for in this section shall be carried to
8 completion by the operator with all reasonable diligence and shall be
9 conducted concurrently with mining operations to the extent practicable,
10 taking into consideration the mine plan, mine safety, economics, the
11 availability of equipment and material, and other site specific conditions
12 relevant and unique to the affected land and to the postmining land use.
13 THE OPERATOR SHALL OBTAIN WRITTEN PROOF OF SATISFACTORY
14 RECLAMATION COMPLIANCE AT EACH PHASE OF FINAL RECLAMATION.
15 Upon termination of the entire mining operation and in accordance with
16 the reclamation plan, each phase of final reclamation shall be completed
17 prior to the expiration of five years after the date on which the operator
18 advises the board that such phase has commenced, unless such period is
19 extended by the board pursuant to section 34-32-112 (7); except that:
20 SECTION 8. 34-32.5-103, Colorado Revised Statutes, is
21 amended BY THE ADDITION OF A NEW SUBSECTION to read:
22 34-32.5-103. Definitions. As used in this article, unless the
23 context otherwise requires:
24 (11.5) "LOCAL GOVERNING AUTHORITY" MEANS THE BOARD OF
25 COUNTY COMMISSIONERS OF ANY COUNTY IN WHICH A MINING OPERATION
26 SUBJECT TO THIS ARTICLE LIES.
Page 10
1 SECTION 9. 34-32.5-109 (2) (b) (II) (B) and (3), Colorado
2 Revised Statutes, are amended to read:
3 34-32.5-109. Reclamation permit required - existing permits.
4 (2) (b) (II) The board may, where good cause is shown, determine that
5 certain regulations not in effect at the time a permit is given should be
6 applicable to such existing permits or to any specified class or category
7 of existing permits, if:
8 (B) The board finds during the rule-making hearing, WHICH CAN
9 BE INITIATED BY THE BOARD OR BY THE LOCAL GOVERNING AUTHORITY
10 THROUGH THE BOARD, that a failure to apply such proposed rule to
11 existing permits or to an affected class or category of existing permits
12 would pose a reasonable potential for danger to persons or property or the
13 environment; and
14 (3) No governmental office of the state, other than the board, nor
15 any political subdivision of the state shall have the authority to issue a
16 reclamation permit pursuant to this article, to require reclamation
17 standards different than those established in this article, or to require any
18 performance or financial warranty of any kind for mining operations.
19 The operator shall be responsible DURING ALL PHASES for assuring that the
20 mining operation and the postmining land use comply with city, town,
21 county, or city and county land use regulations, SPECIAL USE PERMITS, and
22 any master plan for extraction adopted pursuant to section 34-1-304
23 unless a prior declaration of intent to change or waive the prohibition is
24 obtained by the applicant from the affected political subdivisions AND
25 ANY WRITTEN OBJECTION TO THE PROPOSED CHANGES RAISED BY THE
26 LOCAL GOVERNING AUTHORITY OR AFFECTED PARTIES HAS BEEN
Page 11
1 ADDRESSED OR DISMISSED BY THE BOARD. Any mining operator subject
2 to this article shall also be subject to zoning and land use authority and
3 regulation by political subdivisions as provided by law.
4 SECTION 10. 34-32.5-111 (4), Colorado Revised Statutes, is
5 amended to read:
6 34-32.5-111. Special permits - fifteen-calendar-day processing.
7 (4) At any time after the completion of reclamation the operator may
8 notify the board that the land or a portion of the land has been reclaimed.
9 Upon receipt of such notice the board shall cause the land to be
10 inspected, and, within sixty days after the board finds the reclamation to
11 be satisfactory and in accordance with the plan agreed upon, the board
12 shall release the performance and financial warranties or the appropriate
13 portions of such warranties. A FINDING THAT THE RECLAMATION IS
14 SATISFACTORY AND IN ACCORDANCE WITH THE PLAN AGREED UPON SHALL
15 REQUIRE PROOF OF SATISFACTORY COMPLIANCE AT EACH PHASE OF FINAL
16 RECLAMATION FROM THE LOCAL GOVERNING AUTHORITY.
17 SECTION 11. The introductory portion to 34-32.5-112 (3) and
18 34-32.5-112 (7) (a) and (9) (c), Colorado Revised Statutes, are amended,
19 and the said 34-32.5-112 (3) is further amended BY THE ADDITION OF
20 THE FOLLOWING NEW PARAGRAPHS, to read:
21 34-32.5-112. Application for reclamation permit - changes in
22 permits - fees - notice. (3) The ACCURATE AND CURRENT map of the
23 affected lands shall:
24 (j) NOT CONFLICT WITH EXISTING MAPS OR SURVEYS UNLESS ANY
25 CONFLICT IS CLEARLY EXPLAINED TO THE BOARD'S SATISFACTION;
26 (k) INCLUDE ALL REASONABLY OBTAINABLE SUBSURFACE
Page 12
1 GEOLOGIC AND HYDROLOGIC FEATURES OF THE AFFECTED LAND.
2 (7) (a) An operator may, within the term of a reclamation permit,
3 apply to the board or the office for a reclamation permit amendment to
4 increase the acreage to be affected or otherwise revise the reclamation
5 plan. IN DETERMINING WHETHER A CHANGE TO AN EXISTING
6 RECLAMATION PERMIT IS A REVISION OR AN AMENDMENT, THE BOARD
7 SHALL CONSIDER WHETHER THE PROPOSED CHANGE IS SIGNIFICANT
8 ENOUGH TO NECESSITATE THE ADDITIONAL NOTICE AND HEARING
9 REQUIRED FOR AN AMENDMENT PURSUANT TO THIS SECTION AND SECTION
10 34-32.5-114. AMONG OTHER THINGS, THE BOARD SHALL CONSIDER THE
11 LONG-RANGE EFFECT ON LAND USE BEYOND THE AREA ENCOMPASSED BY
12 THE PERMIT THAT COULD OCCUR AS A RESULT OF THE CHANGE. An
13 application for the amendment of a reclamation permit shall be reviewed
14 AND APPROVED by the board or office AND THE LOCAL GOVERNING
15 AUTHORITY in the same manner as an application for a new reclamation
16 permit. The operator shall also submit such supplemental performance
17 and financial warranties as may be required by the board or office for the
18 additional acreage. If the area described in the original application is
19 reduced, then the amount of the financial warranty shall be reduced
20 proportionately. When applicable, the operator shall file with the
21 application for amendment a map and an application with the same
22 content as required for an original application.
23 (9) (c) The applicant shall mail a copy of such notice immediately
24 after first publication to all owners of the surface and mineral rights,
25 INCLUDING SURFACE WATER AND GROUND WATER RIGHTS, of the affected
26 land, the owners of record of all land surface within two hundred feet of
Page 13
1 the affected lands, and any other owners of record designated by the
2 board who may be affected by the proposed mining operation. Proof of
3 such notice and mailing, such as certified mail with return receipt
4 requested, where possible, shall be provided to the board or the office and
5 shall become part of the application.
6 SECTION 12. 34-32.5-114, Colorado Revised Statutes, is
7 amended to read:
8 34-32.5-114. Protests and petitions for a hearing. An aggrieved
9 person has the right to file written objections to and any person has the
10 right to file written statements in support of an application for a permit
11 and to petition for a hearing. Such protests or petitions for a hearing shall
12 be filed with the board or office not more than twenty days after the date
13 of last publication of notice made pursuant to section 34-32.5-112 (9).
14 For good cause shown in such protest or petition documents, the board
15 may, in its discretion OR AT THE REQUEST OF THE LOCAL GOVERNING
16 AUTHORITY, hold a hearing pursuant to section 34-32.5-115 to determine
17 whether the permit should be granted. SUCH A HEARING SHALL TAKE
18 PLACE, WHERE IT IS FEASIBLE TO DO SO, IN THE COUNTY OR COUNTIES OF
19 THE AFFECTED LANDS. The applicant shall be notified within ten days
20 after any objections are filed with respect to the application and shall be
21 supplied with a copy of the written objections.
22 SECTION 13. 34-32.5-115 (2), Colorado Revised Statutes, is
23 amended to read:
24 34-32.5-115. Action by board - appeals. (2) Prior to holding a
25 hearing, the board or the office shall provide notice to any person who
26 filed a protest or petition for a hearing or statement in support of an
Page 14
1 application pursuant to section 34-32.5-114. Notice of the time, date, and
2 location of the hearing shall be published in a newspaper of general
3 circulation in the locality of the proposed mining operation once a week
4 for the two FOUR consecutive weeks immediately preceding the hearing.
5 The hearing shall be conducted pursuant to article 4 of title 24, C.R.S.
6 A final decision on the application shall be made within one hundred
7 twenty days after the receipt of the application. In the event of complex
8 applications, serious unforeseen circumstances, or significant snow cover
9 on the affected land that prevents a necessary on-site inspection, the
10 board may reasonably extend the time in which a final decision must be
11 made by sixty days.
12 SECTION 14. 34-32.5-116 (3) (a), (4) (g), (4) (h), (4) (m), and
13 (4) (q) (I), Colorado Revised Statutes, are amended to read:
14 34-32.5-116. Duties of operators - reclamation plans.
15 (3) (a) Each year, on the anniversary date of the permit, an operator shall
16 submit the annual fee specified in section 34-32.5-125, a report and map
17 showing the extent of current disturbances to affected land, reclamation
18 accomplished to date and during the preceding year, new disturbances
19 that are anticipated to occur during the upcoming year, reclamation that
20 will be performed during the coming year, the dates for the beginning of
21 active operations, and the date active operations ceased for the year, if
22 any. A COPY OF THE REPORT AND MAP SHALL BE SENT TO THE LOCAL
23 GOVERNING AUTHORITY AND A BRIEF SUMMARY OF THE REPORT AND
24 WHERE IT CAN BE REVIEWED BY THE PUBLIC SHALL BE PUBLISHED IN A
25 NEWSPAPER OF GENERAL CIRCULATION IN THE LOCALITY OF THE MINING
26 OPERATION.
Page 15
1 (4) Reclamation plans and their implementation are required on
2 all affected lands and shall conform to the following requirements:
3 (g) Where it is necessary to remove overburden to mine the
4 construction material, topsoil shall be removed and segregated from other
5 spoil. If such topsoil is not replaced on a backfill area within a period of
6 time short enough to avoid deterioration of the topsoil, vegetative cover
7 or other means shall be employed so that such topsoil is preserved from
8 wind and water erosion, remains free of contamination, and is in a
9 useable condition for sustaining vegetation when restored during
10 reclamation. If, in the discretion of the board AND THE LOCAL BOARD OF
11 COUNTY COMMISSIONERS OR THE BOARD OF SUPERVISORS OF THE SOIL
12 CONSERVATION DISTRICT such topsoil is of insufficient quantity or of poor
13 quality for sustaining vegetation or if other strata can be shown to be
14 more suitable for vegetation requirements, the operator shall remove,
15 segregate, and preserve in a like manner such other strata which are best
16 able to support vegetation.
17 (h) Disturbances to the prevailing hydrologic balance of the
18 affected land, INCLUDING BUT NOT LIMITED TO BOTH THE UPSTREAM AND
19 DOWNSTREAM FLOODPLAIN AND THE AFFECTED DRAINAGE BASIN, and of
20 the surrounding area and to the quality and quantity of water in surface
21 and groundwater systems, both during and after the mining operation and
22 during reclamation, shall be minimized. Nothing in this paragraph (h)
23 shall be construed to allow the operator to avoid compliance with other
24 statutory provisions governing well permits and augmentation
25 requirements and replacement plans when applicable.
26 (m) With respect to all affected land, the operator, in consultation
Page 16
1 with the landowner where possible subject to the approval of the board,
2 shall determine which parts of the affected land shall be reclaimed for
3 forest, range, crop, horticultural, homesite, recreational, industrial, or
4 other uses, including food, shelter, and ground cover for wildlife. Before
5 approving a new reclamation plan or a change in an existing reclamation
6 plan, the board may SHALL confer with the local board of county
7 commissioners and the board of supervisors of the soil conservation
8 district if the mining operation is within the boundaries of a soil
9 conservation district.
10 (q) (I) All reclamation requirements required by this section shall
11 be carried to completion with reasonable diligence and conducted
12 concurrently with mining operations to the extent practicable, taking into
13 consideration the mining plan, safety, economics, the availability of
14 equipment and material, and other site-specific conditions relevant and
15 unique to the affected land and the postmining land use. Upon
16 completion of each phase of mining and, in accordance with the
17 reclamation plan, final reclamation of each mining phase shall be
18 completed prior to the expiration of five years after the date the operator
19 advises the board in an annual report that such phase of mining has been
20 completed, unless such period is extended by the board pursuant to
21 section 34-32.5-112; except that reclamation may be completed in phases
22 and the five-year period may be applied separately to each phase as it
23 commences during the life of the mine. THE OPERATOR SHALL OBTAIN
24 WRITTEN PROOF OF SATISFACTORY RECLAMATION COMPLIANCE AT EACH
25 PHASE OF FINAL RECLAMATION.
26 SECTION 15. Effective date - applicability. (1) This act shall
Page 17
1 take effect at 12:01 a.m. on the day following the expiration of the
2 ninety-day period after final adjournment of the general assembly that is
3 allowed for submitting a referendum petition pursuant to article V,
4 section 1 (3) of the state constitution; except that, if a referendum petition
5 is filed against this act or an item, section, or part of this act within such
6 period, then the act, item, section, or part, if approved by the people, shall
7 take effect on the date of the official declaration of the vote thereon by
8 proclamation of the governor.
9 (2) The provisions of this act shall apply to reclamation permit
10 applications applied for on or after the applicable effective date of this
11 act.