C.R.S. Section 34-32-116.5
Environmental protection plan

  • designated mining operation
  • rules

(1)

Intentionally left blank —Ed.

(a)

An environmental protection plan shall be required for all designated mining operations.

(b)

All nondesignated mining operations are exempt from this section.

(2)

Once adopted, the provisions of an environmental protection plan shall be enforceable by the board and by the office to the same extent as any other permit provision or condition.

(3)

Intentionally left blank —Ed.

(a)

The board shall promulgate rules pursuant to section 34-32-109 (5) to require a holder of an existing permit for a designated mining operation to submit a proposed environmental protection plan for approval by the office or board.

(b)

The plan and fees due pursuant to this subsection (3) shall be due by the date established by the board by rule.

(4)

Intentionally left blank —Ed.

(a)

If an existing permit contains the necessary elements of an environmental protection plan, the office or board may deem the existing permit to be adequate to comply with the environmental protection plan.

(b)

For any environmental protection plan submitted for an existing operation, the office shall determine whether the proposed environmental protection plan shall be considered a technical revision or an amendment, as defined by rule, or that no modification to the existing permit is necessary.

(5)

The board shall promulgate rules governing the form, content, and requirements of an environmental protection plan for any designated mining operation. In promulgating such rules, the board shall consider the economic reasonableness, the technical feasibility, and the level or degree of environmental concerns, as applicable.

(6)

All applicants for new permits shall contact the division of parks and wildlife for appropriate wildlife protection recommendations which shall be reviewed as part of the application process. If protecting wildlife is determined to be necessary by the board, the office may incorporate such wildlife protection recommendations into the new permit as a condition for such permit.

Source: Section 34-32-116.5 — Environmental protection plan - designated mining operation - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-34.­pdf (accessed Oct. 20, 2023).

34‑32‑101
Short title 34‑32‑102
Legislative declaration 34‑32‑103
Definitions 34‑32‑104
Administration 34‑32‑105
Office of mined land reclamation - mined land reclamation board - created 34‑32‑106
Duties of board 34‑32‑107
Powers of board 34‑32‑108
Rules and regulations 34‑32‑109
Necessity of reclamation permit - application to existing permits 34‑32‑110
Limited impact operations - expedited process 34‑32‑112
Application for reclamation permit - changes in permits - fees - notice 34‑32‑112.5
Designated mining operation - rules 34‑32‑113
Prospecting notice - reclamation requirements - rules 34‑32‑114
Protests and petitions for hearing 34‑32‑115
Action by board - appeals 34‑32‑116
Duties of operators - reclamation plans 34‑32‑116.5
Environmental protection plan - designated mining operation - rules 34‑32‑117
Warranties of performance - warranties of financial responsibility - release of warranties - applicability 34‑32‑118
Forfeiture of financial warranties 34‑32‑119
Operators - succession 34‑32‑120
Permit refused defaulting operator 34‑32‑121
Entry upon lands for inspection 34‑32‑121.5
Reporting certain conditions 34‑32‑122
Fees, civil penalties, and forfeitures - deposit - emergency response cash fund - created - definition 34‑32‑123
Operating without a permit - penalty 34‑32‑124
Failure to comply with conditions of order, permit, or regulation 34‑32‑124.5
Emergencies endangering public health or environment - definition 34‑32‑125
Conflict with “Colorado Surface Coal Mining Reclamation Act” 34‑32‑127
Mined land reclamation fund - created - fees - fee adjustments - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 34-32-116.5’s source at colorado​.gov