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2010-03-26_GENERAL DOCUMENTS - C1981008
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2010-03-26_GENERAL DOCUMENTS - C1981008
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Last modified
8/24/2016 4:02:41 PM
Creation date
4/1/2010 10:13:56 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
General Documents
Doc Date
3/26/2010
Doc Name
Intent to File a Civil Suit
From
JoEllen Turner
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
SB1
MLT
DAB
Media Type
D
Archive
No
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• TITLE 34 <br />MINERAL RESOURCES <br />ARTICLE 33 <br />Colorado Surface Coal Mining Reclamation Act <br />34 -33 -101. Short title. This article shall be known and may be cited as the <br />"Colorado Surface Coal Mining Reclamation Act ". <br />34 -33 -102. Legislative declaration. It is declared tote the policy of this state that <br />surface coal mining operations and the reclamation of land affected by such operations are <br />both necessary and proper activities. The purpose of this article is to assure that the coal <br />required for local and national energy needs and for economic and social well -being is <br />provided and to provide a balance among the protection of the environment, agricultural <br />productivity, and the need for coal as an essential source of energy. It is the intent of the <br />general assembly by the enactment of this article to allow for the continued development of <br />the surface coal mining operations in this state, while requiring those persons involved in <br />surface coal mining operations to reclaim land affected by such operations as <br />contemporaneously as possible with the surface coal mining operations so that the affected <br />land may be put to a beneficial use. It is the further intent of the general assembly by the <br />enactment of this article to protect society and the environment from the adverse effects of <br />surface coal mining operations, assure that the rights of surface landowners and otherpersons <br />with a legal interest in the land or appurtenances thereto are fully protected from such <br />operations; assure that surface coal mining operations are not conducted where reclamation <br />as required by this article is not feasible; and to assure that appropriate procedures are <br />provided for the public participation in the development, revision, and enforcement of <br />regulations, standards, reclamation plans, or programs established by the state under this <br />article. It is the further intent of the general assembly to promote the reclamation of mined <br />areas left without adequate reclamation prior to the enactment of this article and which <br />continue, in their unreclaimed condition, to substantially degrade the quality of the <br />environment, prevent or damage the beneficial use of land or water resources, or endanger <br />the health or safety of the public, to aid in the protection of wildlife and aquatic resources, <br />and to protect and promote the health, safety, and general welfare of the people of this state. <br />It is the intent of the general assembly that, in the administration of this article, the small <br />operator be assisted in complying with the provisions of this article, particularly in the areas <br />of bonding, technical and administrative assistance, and timely processing of permit <br />applications. <br />34 -33 -103. Definitions. As used in this article, unless the context otherwise requires: <br />(1) "Administrator" means the head of the office of mined land reclamation in the <br />division of reclamation, mining, and safety in the department of natural resources. <br />(2) "Alluvial valley floors" means the unconsolidated stream -laid deposits holding <br />• streams where water availability is sufficient for subirrigation or flood irrigation agricultural <br />
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