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structure is to be compensated for by the operator or, where such an agreement cannot be <br />reached, the applicant provides an appropriate engineering evaluation that demonstrates that <br />such structures shall not be damaged by proposed construction materials excavation <br />operations. <br />(f) The mining operation is located upon lands: <br />(I) Where mining operations are prohibited by law or regulation within the boundaries <br />of units of the national park system, the national wildlife refuge system, the national system <br />of trails, the national wilderness preservation system, the wild and scenic rivers system, or <br />national recreation areas; <br />(II) Which are within or without the boundaries of, and are owned, leased, or have <br />been developed by, any recreational facility established pursuant to article 7 of title 29, <br />C.R.S., unless otherwise authorized by the appropriate governing body or unless the <br />operation will not create any surface disturbance therein; <br />(III) Which are within the boundaries of, and are owned, leased, or have been <br />developed by, any park and recreation district established pursuant to article 1 of title 32, <br />C.R.S., unless otherwise authorized by the board of directors of the; district or unless the <br />operation will not create any surface disturbance therein; and <br />(IV) Which are within the boundaries of any unit of the state park system or any state <br />recreational area in which the entire fee estate is owned by the state of Colorado, unless the <br />mining operation is approved jointly by the board, by the governor, and by the board of parks <br />and outdoor recreation or unless the operation will not create any surface disturbance therein. <br />(g) The proposed reclamation plan does not conform to the requirements of section <br />34-32.5-116. <br />34-32.5-116. Duties of operators - reclamation plans. (1) Every operator to whom <br />a permit is issued pursuant to this article shall perform the reclamation prescribed by the <br />reclamation plan adopted pursuant to this section. <br />(2) Reclamation plans shall be based upon provisions for, or satisfactory explanation <br />of, all general requirements for the type of reclamation chosen. The details of the plan shall <br />be appropriate to the type of reclamation necessary to achieve the proposed postmining land <br />use. <br />(3) (a) Each year, on the anniversary date of the permit, an operator shall submit the <br />annual fee specified in section 34-32.5-125, a report and map showing the extent of current <br />disturbances to affected land, reclamation accomplished to date and during the preceding <br />year, new disturbances that are anticipated to occur during the upcoming year, reclamation <br />that will be performed during the coming year, the dates for the beginning of active <br />operations, and the date active operations ceased for the year, if any. <br />(b) Notwithstanding any provision of paragraph (a) of this subsection (3), an operator <br />who has filed an application pursuant to this article shall submit the annual fee specified in <br />section 34-32.5-125 in addition to the map and plan. Where an operator is late in payment <br />of the annual fee by greater than sixty days, the office shall set the matter for a hearing before <br />the board for permit revocation and forfeiture of the financial warranty. <br />(4) Reclamation plans and their implementation are required on all affected lands and