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(d) In the case of an application for a permit to extract sand, gravel, and quarry
<br />a&¢tegate, the exvador shah complete such extraction and begin reclamation within
<br />five years alter the initial permit is issued. All reclamation is to be completed within.
<br />three years after the date the operator advises the board that reclamation has
<br />commenced as provided in section 92.13-6 (1) (a) (i).
<br />(6) An operator may within the term of a permit apply' to the board for a permit
<br />renewal or for an amendment to the permit increasing or decreasing the acreage to be
<br />affected. There shall be filed with any application for amendment a map and form
<br />with [he same content as requ ved for an original application, and [he application
<br />shall be accompanied by' a basic tee of ten dollars plus a fee of fifteen dollars for
<br />each acre or fraction thereof by which the original area is to be increased and a
<br />supplemental bond for such additional acreage. If the area o(Ihe original application
<br />is reduced, the amount of the bond shall proportionately be reduced. Renzwal
<br />applications shall contain the information requred in the original application if
<br />di Cferent from that in the original application or renewal. The renewal permit shall
<br />show the area mined or disturbed and the area reclaimed since the original permit or
<br />the Iasi reneteal. Applications for renewal or amendment of a permit shall be
<br />,~ reviewed by the board m the same manner as provided in subsection (5) of this
<br />section with regard to applications for new permits.
<br />92-13-ti. Duties of Operator. - (I) (a) Even' operator to whom a permit is issued
<br />pursuant (o the provisions of this article may engage in open mining upon the lands
<br />described in the permit, upon the performance oC and subject to the (ollosving
<br />requiremems with respect to Such lands:
<br />(b) On or before July 1 of each year the operator shall submit a reclamation plan
<br />and map showing the affected area and other pertinent details, such as roads and
<br />access to the area, and reclamation accomplished. Ali maps shall show qu~ter
<br />seetron, section, township, and county lines svithin the scope of the map, access Io
<br />the area 4om the nearest public road, a meridian, a title containing the name of the
<br />operator and his address, the scale of the map, the name of the person or engineer
<br />u•ho prepared the map. the dare, and the Township, range, and county. The
<br />reclamation plan prepared by the operator shall be based upon provisions for, or
<br />saiis(actorv e.xplana lion o(, all general requremenrs for the typz of reclamation
<br />chosen The derails of the plan shall be appropriate ro the type of reclamation
<br />desi¢nated by the operator and based upon the advice oC technically trained
<br />personnel experienced in That .type of reclamation on open mined lands and upon
<br />scientific knowledge from research in reclaiming and utilizing open mined lands.
<br />~~ (c) Grading shall be carried on by striking of( ridges to a width of not less than
<br />Idteen feet at the lop and peaks to a width of not less than fifteen feet at the top. in
<br />all cases, an even or gently undulating skyline will be a major objective.
<br />(d) Earth dams shall be constructed in (final cuts of all operations. where practical, if
<br />necessary to impound wales, it the formation oC such impoundments will not
<br />interfere with mining operations or damage adjoining property.
<br />(e) Acid formine material m the exposed face of a mineral seam that has been mined
<br />shall be covered with earth or spoil material to a depth which will protect the
<br />drainage system from pollution, unless covered with water to a depth of not less than
<br />(our feet.
<br />(() All refuse shah be disposed of in a manner that will Control stream pollution,
<br />unsightbness, or deleterious effects from such refuse, and water from the mining
<br />operation shall be diverted in a manner designed to control siltation, erosion, or other
<br />damage to streams and natural watercourses.
<br />(g) On all affected land, the operator, subject to the approval of the board, shall
<br />determine which pazts of the affected land shall be reclaimed for (ores[, range, crop,
<br />horticultural homesite, recrea[iona 1, industrial, or other uses, including food, shelter,
<br />and ground cover (or wildlife. Prior to approving any new reclamation plan or
<br />approving a change in any existing reclamation plan as provided in this section, the
<br />board shall confer with the local board oC county commissioners and the board of
<br />supersisors of the soil conservation district U the open mining operation is within [he
<br />boundaries o(a soil conservation district. Reclamation shall be required on ah the
<br />affected land.
<br />(h) If the operator's choice of reclamation is forest planting, he may, with the
<br />approval of the department, Select the type of trees to be planted. Tree planting shall
<br />be carried out based on a spacing of approximately ten feet by ten fee[, and
<br />approximately four hundred thirty-five trees per acre. Planting methods and care of
<br />stock shah be governed by good planting practices. If (he operator is unable to
<br />acquire sufficient planting stock of desved tree species from the state or elsewhere, at
<br />a reasonable cost, he may defer planting until planting stock Is ovahable to plant such
<br />land as origmahy planned, or he may select an alternate method of reclamation.
<br />(i) The operator shall construct (ire lanes or access roads when necessary through the
<br />area to be planted. These lanes or roads shah be available for use by the planting
<br />crews, and shall serve as a means of access for supervision and inspection of the
<br />planting work.
<br />(jj On lands owned by the operator, the operator may permit the public to use the
<br />same for recreational purposes in accordance ssith the limited landowner Iiabdiiy law
<br />contained in article 4 of chapter 62, C.R.S. 1963, except in areas where such use is
<br />found b)• the operator to be hazardous or objectionable.
<br />ik} If the operator's choice of reclamation is for range, he shall strike off all the
<br />peaks and ridges to a width of not less than (fifteen feet, in accordance with the other
<br />requirements of this article, prior to the time of seeding. To the greatest extent
<br />possible, the affected land shall be restored to slopes commensurate with the
<br />proposed land use and shall not be too steep to be traversed by livestock, subject io
<br />thz approval of the board. The legume seed shall be properly inoculated in all cases.
<br />The area may be seeded enher by hand, power, or the aerial method. The species of
<br />grasses and legumes and the rates of seeding to be used per acre shall be determined
<br />primanlr by recommendations Crom the a¢iculmral experiment nations established
<br />pursuant ru article 13 of chapter 124, C.R.S. 1963, and experienced reclamation
<br />personnel of the operator, after considerine other research or successful experience
<br />rs~tlr range seeding. No crazing shall be permitted on reclaimed laird until the planting
<br />is lirnily zsraUlished. The board in consultation With the landowner and the local soil
<br />consenalinn district, i(any, shall determine when grazing may start.
<br />(p 11 the operator's choice of reclamation is (or agricultural or horticultural crops
<br />which normaRr require the use o(Carm equipment. the operator shall grade off peaks
<br />and ridges and fill valleys, except the highwall of the final cut, so that the area can be
<br />era versed with farm machinery. Preparation far sredmg or plain trig. ferl Oization, and
<br />seeding or planting rates sha0 be governed by general agricultural and horticultural
<br />practices, except inhere research or experience in such operations differs wnh such
<br />practices.
<br />(m) If the operator's choice e( reclamation is for the development of the affected
<br />area for homesite, recreational, industrial, or other uses, including food, shelter, and
<br />ground cover for wildlife, the basic minimum requirements necessary for such
<br />rec lumalion shall be ageed upon by the operator and the board.
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