2002-03-15_GENERAL DOCUMENTS - M2002004

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(_4 , 3, • 1631 Colorado Land Reclamation Act for the Extraction of Construction Materials 007(V (a) The application is incomplete and the performance and financial warranties have not been provided, (b) The applicant has not paid the required fee. (c) Any part of the proposed mining operation. the reclamation program, or the pro- posed future use is contrary to the laws or regulations of this article. { The poposed mining operation. the reclamation program. or the proposed future use Is contrary to the laws or regulations of this state or the United States, including but not tirr' to all federal. state. and local permits. licenses. and approvals, as applicable to the spec,fic operation. (e) The mining operation will adversely affect the stability of any significant. valuable. and permanent manmade structures located within two hundred feet of the affected land: ex ;ep t that the permit shall not be denied on this basis where there is an agreement bet% een the operator and the persons having an interest in the structure that damage to the cturc is to be compensated for by the operator or, w; such an agreement cannot be reached, the applicant provides an appropriate engineering evaluation that demonstrates that such structures shall not be damaged by proposed construction materials excavation 0 :: rations. The mining operation is located upon lands: ;.) Where mining operations are prohibited by law 07 regulation v, ;thin the boundaries of nits of the national park system, the national wildlife refuge system. the national system of trails. the national wilderness preservation system, the wild and scenic rivers system. or national recreation areas: (II) Which are within or without the boundaries of, and are owned. leased. or have been developed by, any recreational facility established pursuant to article 7 of title 29, C.R.S., unless otherwise authorized by the appropriate governing, body or unless the operation will not create any surface disturbance therein: (I11) Which are within the boundaries of, and are owned. leased, or have been devel- oped by. any park and recreation district established pursuant to article 1 of title 32. C.R.S.. unless otherwise authorized by the board of directors of the district or unless the operation will not create any surface disturbance therein; and (iV) Which arc within the boundaries of any unit of the state park system or any state recreational area in which the entire fee estate is owned by the state of Colorado. unless the - mining operation is approved jointly by the board, by the governor. and by the board of parks and outdoor recreation or unless the operation will not create any surface distur- bance therein. (g) The proposed reclamation plan does not conform to the requirements of section 34- 32.5 -116. Source: L. 95: Entire article added, p. 1172. § 1, effecti• e. July 1. 34 -32.5 -116. Duties of operators - reclamation plans. (1) Every operator to whom a permit is issued pursuant to this article shall perform the reclamation prescribed by the rc lamation plan adopted pursuant to this section. (2) Reclamation plans shall be based upon provisio ; '.s for. or satisfactory cxplanatior, •of. all general requirements for the type of reclamation chasen.The details of the plan shat. be appropriate to the type of reclamation necessary to achieve the proposed post : ;ninin land use. (3) (a) Each year. on the anniversary date of the permit. an operator shall submit the annual fee specified in section 34- 32.5 -125. a report and map showing the extent of current disturbances to affected land. reclamation accomplished to date and during the preceding year. r,e.v disturbances that are anticipated to Occur dur:. _ the upcomin_ year. reclamation that will be performed during the coming year the date_ for the be` inning of active opera- tions, and the date active operations ceased for the year. if any. (Ii) Notwithstanding any provision of paragraph (a) of this subsection an operator who has filed an application pursuant to this article shall submit the annual fee specified in section 34- 32.5-125 in addition to the map and plan. Where an operator is late in payment of the annual fee by greater than sixty days, the office shall set the matter for a hearing before the board for permit revocation and forfeiture of the financial warranty.