(1) Every operator to
whom a permit is issued pursuant to this article shall perform the reclamation
prescribed by the reclamation plan adopted pursuant to this section.
(2) Reclamation plans shall be based upon provisions for, or satisfactory
explanation of, all general requirements for the type of reclamation chosen. The
details of the plan shall be appropriate to the type of reclamation necessary to
achieve the proposed postmining land use.
(3) (a) Each year, on the anniversary date of the permit, an operator shall
submit the annual fee specified in section 34-32.5-125, a report and map showing
the extent of current disturbances to affected land, reclamation accomplished to
date and during the preceding year, new disturbances that are anticipated to occur
during the upcoming year, reclamation that will be performed during the coming
year, the dates for the beginning of active operations, and the date active
operations ceased for the year, if any.
(b) Notwithstanding any provision of paragraph (a) of this subsection (3), an
operator who has filed an application pursuant to this article shall submit the
annual fee specified in section 34-32.5-125 in addition to the map and plan. Where
an operator is late in payment of the annual fee by greater than sixty days, the
office shall set the matter for a hearing before the board for permit revocation and
forfeiture of the financial warranty.
(4) Reclamation plans and their implementation are required on all affected
lands and must conform to the following requirements:
(a) Grading shall be carried on so as to create a final topography appropriate
to the final post-extraction land use selected in accordance with paragraph (m) of
this subsection (4).
(b) If earth dams are constructed to impound water, the formation of such
impoundments will not damage adjoining property or conflict with water pollution
laws, rules, or regulations of the federal government or the state of Colorado or
with any local government pollution ordinances.
(c) An operator shall demonstrate that all mined material disposed of within
the affected area and all affected areas to be reclaimed as part of the approved
application will not result in any unauthorized release of pollutants to the surface
drainage system.
(d) No unauthorized release of pollutants to groundwater shall occur from
any materials mined, handled, or disposed of within the permit area.
(e) All refuse shall be disposed of in a manner that controls unsightliness or
the deleterious effects of such refuse.
(f) In those areas where revegetation is part of the reclamation plan, land
shall be revegetated so that a diverse, effective, and long-lasting vegetative cover
is established that is capable of self-regeneration and is at least equal, with respect
to the extent of cover, to the natural vegetation of the surrounding area. Native
plant species that encourage pollinators should receive first consideration, but
introduced species may be used in the revegetation process when found desirable
by the board. Revegetation must be compatible for the proposed post-extraction
land use and be of adequate diversity to establish successful reclamation.
(g) Where it is necessary to remove overburden to mine the construction
material, topsoil shall be removed and segregated from other spoil. If such topsoil is
not replaced on a backfill area within a period of time short enough to avoid
deterioration of the topsoil, vegetative cover or other means shall be employed so
that such topsoil is preserved from wind and water erosion, remains free of
contamination, and is in a useable condition for sustaining vegetation when
restored during reclamation. If, in the discretion of the board, such topsoil is of
insufficient quantity or of poor quality for sustaining vegetation or if other strata
can be shown to be more suitable for vegetation requirements, the operator shall
remove, segregate, and preserve in a like manner such other strata which are best
able to support vegetation.
(h) Disturbances to the prevailing hydrologic balance of the affected land
and of the surrounding area and to the quality and quantity of water in surface and
groundwater systems, both during and after the mining operation and during
reclamation, shall be minimized. Nothing in this paragraph (h) shall be construed to
allow the operator to avoid compliance with other statutory provisions governing
well permits and augmentation requirements and replacement plans when
applicable.
(i) Areas outside of the affected land shall be protected from slides or
damage occurring during the mining operation and reclamation.
(j) All surface areas of the affected land, including spoil piles, shall be
stabilized and protected so as to effectively control erosion.
(k) All affected areas to be seeded or to receive transplants shall be seeded
or transplanted using reclamation practices and techniques acceptable to the
office. Planting methods include seedbed and seed preparation and soil
amendments appropriate to the topography, physical and chemical characteristics
of soil, and selected plant species adequate to give the best chance for successful
reclamation.
(l) The operator may permit the public to use lands it owns for recreational
purposes in accordance with the limited landowner liability law contained in article
41 of title 33, C.R.S., except in areas where such use is found by the operator to be
hazardous or objectionable.
(m) With respect to all affected land, the operator, in consultation with the
landowner where possible subject to the approval of the board, shall determine
which parts of the affected land shall be reclaimed for forest, range, crop,
horticultural, homesite, recreational, industrial, or other uses, including food,
shelter, and ground cover for wildlife. Before approving a new reclamation plan or a
change in an existing reclamation plan, the board may confer with the local board
of county commissioners and the board of supervisors of the conservation district if
the mining operation is within the boundaries of a conservation district.
(n) If the operator's choice of reclamation is for range, the affected land
shall be restored to slopes commensurate with the proposed land use that shall not
be too steep to be traversed by livestock. No grazing shall be permitted on
reclaimed land until the planting is firmly established. The board, in consultation
with the landowner and the local conservation district, if any, shall determine when
grazing may start.
(o) If the operator's choice of reclamation is for agricultural or horticultural
crops that normally require the use of farm equipment, the operator shall grade the
affected land so the area can be traversed with farm machinery. Preparation for
seeding or planting, fertilization, and seeding or planting rates shall be governed by
general agricultural and horticultural practices except where research or
experience in such operations differs with such practices.
(p) If the operator's choice of reclamation is for the development of the
affected land for homesite, recreational, industrial, or other uses, including food,
shelter, and ground cover for wildlife, the minimum requirements necessary for
such reclamation shall be agreed upon between the operator and the board.
(q) (I) All reclamation requirements required by this section shall be carried
to completion with reasonable diligence and conducted concurrently with mining
operations to the extent practicable, taking into consideration the mining plan,
safety, economics, the availability of equipment and material, and other site-specific conditions relevant and unique to the affected land and the postmining
land use. Upon completion of each phase of mining and, in accordance with the
reclamation plan, final reclamation of each mining phase shall be completed prior
to the expiration of five years after the date the operator advises the board in an
annual report that such phase of mining has been completed, unless such period is
extended by the board pursuant to section 34-32.5-112; except that reclamation
may be completed in phases and the five-year period may be applied separately to
each phase as it commences during the life of the mine.
(II) No planting shall be required on affected land:
(A) Used or proposed to be used by the operator for the deposit or disposal
of refuse until after the cessation of operations productive of such refuse or
proposed for future mining operations;
(B) Within depressed haulage roads or final cuts while such roads or final
cuts are being used or made; or
(C) Where permanent pools or lakes have been formed.
(III) No planting of any kind shall be required on affected land so long as the
chemical and physical characteristics of the surface and immediately underlying
material of such affected land are chemically incompatible with plant growth,
deficient in plant nutrients, or composed of sand, gravel, shale, or stone to such an
extent as to seriously inhibit plant growth and such condition cannot feasibly be
remedied by chemical treatment, fertilization, replacement of overburden, or like
measures. When natural weathering and leaching of any of such affected land, over
a period of five years after commencement of reclamation, fails to remove the
chemical and physical characteristics inhibitory to plant growth or if, at any time
within such five-year period, the board determines that any of such affected land is,
and during the remainder of said five-year period will be, unplantable, the
operator's obligations under the provisions of this article with respect to such
affected land may, with the approval of the board, be discharged by reclamation of
an equal number of acres of land previously mined and owned by the operator and
not otherwise subject to reclamation under this article.
(IV) With the approval of the board and the owner of the land to be
reclaimed, an operator may substitute land previously mined and owned by the
operator that is not otherwise subject to reclamation under this article or, in the
alternative, with the approval of the board and the owner of the land, reclamation of
an equal number of acres of any lands previously excavated or mined but not
owned by the operator if the operator has not previously abandoned unreclaimed
land affected by mining operations. As an alternative, the board may grant the
reclamation of lesser or greater acreage if the cost of reclaiming such acreage is at
least equivalent to the cost of reclaiming the original permit lands. If an area is so
substituted, the operator shall submit a map of the substituted area conforming to
all map requirements in this article. Upon completion of reclamation of the
substituted land, the operator shall be relieved of all obligations under this article
with respect to the land for which substitution has been permitted.
(r) A building, or a structure placed on affected land during extraction
operations, may remain on the affected land at the option of the operator with the
approval of the landowner and the board if such building or structure conforms to
local building and zoning codes and is compatible with the postmining land use.