§ 34-32.5-111 — Special permits - fifteen-calendar-day processing

Colorado § 34-32.5-111

• Jurisdiction: Colorado
• Title 34: Mineral
• Art.: Colorado Land Reclamation Act for the

Text

(1) (a) An
operator of a construction materials extraction operation is subject to this section if
the operation is conducted solely to obtain materials for highway, road, utility, or
similar construction purposes under a federal, state, county, city, town, or special
district contract that requires work to commence within a specified short period of
time and will affect no more than thirty acres of land.

(b) An operator of a one-time excavation project that is not performed
pursuant to a federal, state, county, city, town, or special district contract is subject
to this section if the project generates small quantities of construction materials
that are exported from the extraction site and are incidental to the intent of the
project. A one-time excavation project that results in excess construction materials
and that introduces construction materials into the construction materials market
must obtain a permit pursuant to this subsection (1)(b). An operation that qualifies
for a permit pursuant to this subsection (1)(b) must be clearly defined, of short
duration and scope, affect no more than thirty acres, and not employ material
processing activities typically associated with mining operations. Reclamation of all
affected lands shall be completed within twelve months after issuance of the
permit. An operator possessing a permit issued pursuant to this subsection (1)(b)
must convert to the appropriate regular construction materials permit if extraction
and export of materials from the site are not completed within twelve months after
issuance of a permit pursuant to this subsection (1)(b).

(2) (a) An operator shall apply for a special permit by filing a written
application with the board on forms provided by the board for such purpose. An
approved special permit shall authorize the operator to engage in the operations
described on such permit until the contractual reason for such operations has been
completed.

(b) An application shall consist of:

(I) Three application forms;

(II) The application fee specified in section 34-32.5-125;

(III) The financial warranty specified in subsection (5) of this section, unless
the office shows good cause that the board should set such financial warranty at a
different amount pursuant to section 34-32.5-117; and

(IV) Three copies of an accurate map of the affected land, prepared by a
professional land surveyor, professional engineer, or other qualified person. Such
map shall show 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
operation.

(c) Each application form must include:

(I) The name and address of the general office and the local address or
addresses of the operator;

(II) The name and address of the owner of the surface of the affected land;

(III) The name and address of the owner of the subsurface rights of the
affected land;

(IV) The approximate size of the affected land;

(V) Information sufficient to describe or identify the type of operation
proposed and how it will be conducted;

(VI) The measures to be taken to comply with applicable provisions of
section 34-32.5-116;

(VII) The terms of the governmental contract that make a special permit
necessary or a clear description of the one-time excavation project described in
subsection (1)(b) of this section;

(VIII) Evidence of any financial warranty required under the governmental
contract; and

(IX) A statement that the operator has applied for necessary local
government approval.

(3) If the board determines that any of the affected land lies within the
boundaries of lands described in section 34-32.5-115 (4)(f), such land shall be
withdrawn from the operation.

(4) At any time after the completion of reclamation the operator may notify
the board that the land or a portion of the land has been reclaimed. Upon receipt of
such notice the board shall cause the land to be inspected, and, within sixty days
after the board finds the reclamation to be satisfactory and in accordance with the
plan agreed upon, the board shall release the performance and financial warranties
or the appropriate portions of such warranties.

(5) Special permits shall be denied or issued by the board within fifteen
calendar days after the date an application is submitted. Approval shall depend on
the application, map, fee, performance warranty, and financial warranty being in
compliance with this section. If action on an application is not completed within
such fifteen-day period, the permit shall be approved and promptly issued upon
presentation by the applicant of a financial warranty in the amount of two thousand
five hundred dollars per affected acre or such other amount as may be specified by
rule of the board.

(6) A governmental subdivision shall be exempt from subparagraphs (II) and
(III) of paragraph (b) of subsection (2) of this section when such subdivision, acting
as an operator, requires a permit solely to mine construction materials for the
construction of public roads under a contract with the department of transportation
or otherwise.

Legislative History

Source: L. 95: Entire article added, p. 1164, � 1, effective July 1. L. 2018: (1), IP(2)(c), and (2)(c)(VII) amended, (SB 18-184), ch. 132, p. 857, � 1, effective August 8.