Laserfiche WebLink
<br />OR <br />DISiUR6E0~'4AS'W4`xRE5~0~~f'~~~NSi~~~XPOSEDti'UR <br />(b) THE VARIOUS TYPES OF DESIGNATED MINING OPERATIONS ARE <br />IDENTIFIED IN SECTION 34-32-112.5. ~OI1F11~11~IiflG1KlP.ERAY"ION5~~G~TD~`j <br />(4.9) "ENVIRONMENTAL PROTECTION PLAN" MEANS A PLAN <br />SUBMITTED BY A DESIGNATED MINING OPERATION FOR APPROVAL AS PART <br />OF THE OPERATOR'S OR APPLICANT'S PERMIT FOR SUCH OPERATION <br />PURSUANT TO RULES PROMULGATED BY THE BOARD FOR PROTECTION OF HUMAN <br />HEALTH OR PROPERTY OR THE ENVIRONMENT IN CONFORMANCE WITH THE <br />DUTIES OF OPERATORS AS PRESCRIBED BY THIS ARTICLE. <br />SECTION 3. 34-32-I09 (5), Colorado Revised Statutes, 1984 <br />Repl. Yol., as amended, is amended to read: <br />34-32-109. Necessity of reclamation permit - application <br />to existing permits. (5j (a) Reclamation permits granted pursuant <br />to applications, including applications for renewal, filed after <br />June 30, 1976, shall be effective for the life of the particular <br />mining operation if the operator complies with the conditions of <br />such reclamation permits and with the provisions of this article <br />and rules promulgated pursuant to this article which are in effect <br />at the time the permit is issued or amended, EXCEPT AS PROVIDED <br />IN PARAGRAPH (b) OF THIS SUBSECTION (5). Nothing in this article <br />shall be construed to abrogate the duty of the operator to comply <br />with other applicable statutes and rules and regulations. <br />(b) (I) THIS PARAGRAPH (b) SHALL APPLY TO NEW STATUTORY OR <br />REGULATORY REQUIREMENTS ONLY AND SHALL NOT SERVE TO REOPEN THE <br />ENTIRE PERMIT FOR TECHNICAL REVIEW OR FOR MODIFICATION OF THE <br />POST-MINING LAND USE. <br />(II) THE BOARD MAY, WHERE GOOD CAUSE IS SHOWN, DETERMINE <br />THAT CERTAIN REGULATIONS NOT IN EFFECT AT THE TIME A PERMIT IS <br />GIVEN SHOULD BE APPLICABLE TO SUCH EXISTING PERMITS OR TO ANY <br />SPECIFIED CLASS OR CATEGORY OF EXISTING PERMITS, IF: <br />(A) THE BOARD OR OFFICE PROVIDES INDIVIDUAL NOTICE OF THE <br />SUBJECT MATTER OF THE PROPOSED RULE IN SUCH MANNER AS THE BOARD <br />MAY REQUIRE AND THE TIME, DATE, AND PLACE OF THE RULE-MAKING <br />HEARING TO OPERATORS WITH EXISTING PERMITS WHO MAY BE AFFECTED BY <br />SUCH RULE; <br />(B) THE BOARD FINDS DURING THE RULE-MAKING HEARING THAT A <br />FAILURE TO APPLY SUCH PROPOSED RULE TO EXISTING PERMITS OR TO AN <br />PAGE 3-~NB~I~iiBBiP.illy <br />