(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 the application or,
for good cause shown, refer the application for a hearing on the question of
whether the permit should be granted.
(2) Before holding a hearing as described in subsection (1) of this section, the
board or the office shall provide notice to a person who previously filed a protest or
petition for a hearing or statement in support of an application pursuant to section
34-32-114 and shall publish notice of the time, date, and location of the hearing on
the division website and in a newspaper of general circulation in the locality of the
proposed mining operation once a week for two consecutive weeks immediately
prior to the hearing. The hearing shall be conducted pursuant to article 4 of title 24.
A final decision on the application shall be made within one hundred twenty days
after the receipt of the application. In the event of complex applications, serious
unforeseen circumstances, or significant snow cover on the affected land that
prevents a necessary on-site inspection, the board or the office may reasonably
extend the maximum time for a final decision by sixty days. In the event of in situ
leach mining operations, a final decision on the application shall be made within two
hundred forty days.
(3) If action upon the application is not completed within the period specified
in subsection (2) of this section, the permit shall be considered to be approved and
shall be promptly issued upon presentation by the applicant of a financial warranty
in the amount of two thousand dollars per acre affected or such other amount as
determined by the board.
(4) The board or the office shall grant a permit to an operator if the
application complies with the requirements of this article. The board or the office
shall not deny a permit if the operator demonstrates compliance with the following:
(a) The application is complete and the performance and financial warranties
have been provided.
(b) The applicant has paid the required fee.
(c) (I) No part of the proposed mining operation, the reclamation program, or
the proposed future use is or may be contrary to the laws or regulations of this
state or the United States, including but not limited to all federal, state, and local
permits, licenses, and approvals, as applicable to the specific operation.
(II) The board may require a statement by the applicant identifying which
permits, licenses, and approvals the applicant holds or will be seeking for the
proposed mining and reclamation activities.
(d) The mining operation will not adversely affect the stability of any
significant, valuable, and permanent manmade structures located within two
hundred feet of the affected land, except where there is an agreement between the
operator and the persons having an interest in the structure that damage to the
structure is to be compensated for by the operator.
(e) Repealed.
(f) The mining operation is not located upon lands:
(I) Where mining operations are prohibited by law or regulation within the
boundaries of units of the national park system, the national wildlife refuge system,
the national system of trails, the national wilderness preservation system, the wild
and scenic rivers system, or national recreation areas;
(II) Which are within or without the boundaries of, and are owned, leased, or
have been developed by, any recreational facility established pursuant to article 7
of title 29, C.R.S., unless otherwise authorized by the appropriate governing body or
unless the operation will not create any surface disturbance therein;
(III) Which are within the boundaries of, and are owned, leased, or have been
developed by, any park and recreation district established pursuant to article 1 of
title 32, C.R.S., unless otherwise authorized by the board of directors of the district
or unless the operation will not create any surface disturbance therein; and
(IV) That are within the boundaries of any unit of the state park system or
any state recreational area in which the entire fee estate is owned by the state of
Colorado, unless the mining operation is approved jointly by the board, by the
governor, and by the parks and wildlife commission, or unless the operation will not
create any surface disturbance therein.
(g) The proposed reclamation plan conforms to the requirements of section
34-32-116.
(h) For designated mining operations, an environmental protection plan has
been submitted and conforms to the requirements of sections 34-32-116 and 34-32-116.5.
(5) (a) The board or the office may deny a permit for in situ leach mining
operations based on scientific or technical uncertainty about the feasibility of
reclamation and shall deny such a permit if the applicant fails to demonstrate that
reclamation can and will be accomplished in compliance with this article, including
the protection of groundwater and other environmental resources and human
health.
(b) The board or the office shall deny a permit for in situ leach mining if the
applicant fails to demonstrate by substantial evidence that it will reclaim all
affected groundwater for all water quality parameters that are specifically
identified in the baseline site characterization, or in the statewide radioactive
materials standards or tables 1 through 4 of the basic standards for groundwater as
established by the Colorado water quality control commission, to either of the
following:
(I) Premining baseline water quality or better, as established by the baseline
site characterization conducted pursuant to section 34-32-112.5 (5); or
(II) That quality which meets the statewide radioactive materials standards
and the most stringent criteria set forth in tables 1 through 4 of the basic standards
for groundwater as established by the Colorado water quality control commission.
(c) The board or the office may deny a permit for in situ leach mining if the
existing or reasonably foreseeable potential future uses for any potentially
affected groundwater, whether classified or unclassified pursuant to section 25-8-203, C.R.S., include domestic or agricultural uses and the board determines the in
situ leach mining will adversely affect the suitability of the groundwater for such
uses.
(d) The board or the office may deny or revoke a permit for in situ leach
mining if:
(I) The applicant, an affiliate, officer, or director of the applicant, the
operator, or the claim holder has demonstrated a pattern of willful violations of the
environmental protection requirements of this article, rules promulgated pursuant
to this article, a permit issued pursuant to this article, or an analogous law, rule, or
permit issued by another state or the United States as disclosed in the application
pursuant to section 34-32-112 (2)(i);
(II) (A) Except as specified in sub-subparagraph (B) of this subparagraph (II),
the applicant or any affiliate, officer, or director of the applicant has in the ten
years prior to submission of the application violated the environmental protection
requirements of this article, rules promulgated pursuant to this article, a permit
issued pursuant to this article, or an analogous law, rule, or permit issued by
another state or the United States as disclosed in the application pursuant to
section 34-32-112 (2)(i).
(B) The board or office may issue or reinstate a permit if the applicant
submits proof that the violation referred to in sub-subparagraph (A) of this
subparagraph (II) has been corrected or may conditionally issue or reinstate a
permit if the violation is in the process of being corrected to the satisfaction of the
board or if the applicant submits proof that the applicant has filed and is presently
pursuing a direct administrative or judicial appeal to contest the validity of the
alleged violation. For purposes of this sub-subparagraph (B), a direct administrative
or judicial appeal to contest the validity of the alleged violation shall not include an
appeal of an applicant's relationship to an affiliate. If the violation is not
successfully abated or if the violation is upheld on appeal, the board or office shall
revoke or deny the conditional permit issued or reinstated pursuant to this sub-subparagraph (B).