1988-07-20_REVISION - C1981071 - Laserfiche WebLink

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s HANDBOOK MEMORANDUM Bond Release on Pre-Law and Interim Program Areas Pre-law areas are defined as those lands which were reclaimed prior to August 3, 1977 (the date the Surface Mining Control and Reclamation Act passed). Interim program areas are those lands that are reclaimed after August 3, 1977 until the time a permanent Colorado program permit was issued (sometime after December 15, 1980). The reclamation standards under previous Colorado laws were not as stringent as SMCRA and therefore the bond release criteria must coincide with the law and permit in effect at the time reclamation was conducted. A summary of the previous laws is provided below. Once a permanent program permit was issued the operator was bound to the standards under the permit, the Colorado Surface Mining and Reclamation Act and regulations promulgated pursuant to the Act. Procedurally bond release for pre-law areas and interim program areas must follow the requirements of Rule 3.03.2 rather than the requirements of the previous laws. The bond release process is diagramed in this handbook. One of the major differences between the previous reclamation laws and the Colorado Surface Mining and Reclamation Act is that the Division rather than the Mined Land Reclamation Board can make a decision. A Summary of Colorado's Past Reclamation Laws Colorado Open Cut Land Reclamation Act of 1969 1. Grading must strike off ridges and peaks to a width of not less than 15 feet with an even or undulating skyline as the objective. 2. If post-mining land use was to be range, seeding had to be done by hand, power, or aerial means. Seed mixture chosen using advice from various qualified professionals. No revegetation success criteria. 3. Reclamation was to be carried to completion with all reasonable diligence. If the area could not be successfully reclaimed within 10-years because of acid or toxic material , or because of the texture of the material , an equivalent number of acres of previously mined and unreclaimed land could be reclaimed in its place to satisfy the surety requirements.