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<br />34-32.5-109. Reclamation permit required - existing permits. (1) Before <br />engaging in a new operation, an operator shall first obtain from the board or office a <br />reclamation permit pursuant to section 34-32.5-110, 34-32.5-111, or 34-32.5-112. <br />Notwithstanding this subsection (1), an operator who obtained a permit under section <br />34-32-110, 34-32-111, or 34-32-112 before July 1, 1995, which permit was valid as of such <br />date, shall continue to operate under such permit, and such permit shall be deemed to be a <br />permit issued under the provisions of this article. <br />(2) (a) A reclamation permit shall be effective for the life of the stated operation if <br />the operator complies with the conditions of such reclamation permit, this article, and rules <br />promulgated pursuant to this article that are in effect at the time the permit is issued or <br />amended, except as otherwise provided in paragraph (b) of this subsection (2). Nothing in <br />this article shall be construed to abrogate the duty of the operator to comply with other <br />applicable statutes and rules. <br />(b) (I) This paragraph (b) shall apply to new statutory or regulatory requirements only <br />and shall not serve to reopen the entire permit for technical review or for modification of the <br />postmining land use. <br />(II) The board may, where good cause is shown, determine that certain regulations <br />not in effect at the time a permit is given should be applicable to such existing permits or to <br />any specified class or category of existing permits, if: <br />(A) The board or office provides individual notice of the subject matter of the <br />proposed rule in such manner as the board may require and the time, date, and place of the <br />rule-making hearing to operators with existing permits who may be affected by such rule; <br />(B) The board finds during the rule-making hearing that a failure to apply such <br />proposed rule to existing permits or to an affected class or category of existing permits would <br />pose a reasonable potential for danger to persons or property or the environment; and <br />(C) The board sets a schedule for existing permit-holding operators to comply with <br />that is reasonable in light of the gravity of the risk to be avoided, any technical <br />considerations, the cost of compliance, and any other relevant factors. <br />(III) If the board makes a good faith effort to comply with the requirements of <br />sub-subparagraph (B) of subparagraph (II) of this paragraph (b) and complies with the <br />applicable provisions of article 4 of title 24, C.R.S., the adopted rule shall not be deemed <br />invalid on the ground that notice to the affected parties was inadequate. <br />(3) No governmental office of the state, other than the board, nor any political <br />subdivision of the state shall have the authority to issue a reclamation permit pursuant to this <br />article, to require reclamation standards different than those established in this article, or to <br />require any performance or financial warranty of any kind for mining operations. The <br />operator shall be responsible for assuring that the mining operation and the postmining land <br />use comply with city, town, county, or city and county land use regulations and any master <br />plan for extraction adopted pursuant to section 34-1-304 unless a prior declaration of intent <br />to change or waive the prohibition is obtained by the applicant from the affected political <br />subdivisions. Any mining operator subject to this article shall also be subject to zoning and <br />land use authority and regulation by political subdivisions as provided by law.