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34 -32.5-116 Mineral Resources 1632 <br />(4) Reclamation plans and their implementation are required on all affected lands and <br />shall conform to the following requirements: <br />(a) Grading shall be carried on so as to create a final topography appropriate to the final <br />ost- extraction land use selected in accordance with paragraph (m) of this subsection (4). <br />(h) If earth darns are constructed to impound water. the formation of such impound - <br />teent m <br />s will not damage adjoining property or conflict with water pollution laws, rules. or reg- <br />ulations of the federal government or the state of Colorado or with any local government <br />pollution ordinances. . <br />✓ (c) An operator shall demonstrate that all mined material disposed of within the affect- <br />ed area and all affected areas to be reclaimed as part of the approved application will not <br />result in any unauthorized release of pollutants to the surface drainage system. <br />;(1) No unauthorized release of pollutants to groundwater shall occur from any materi- <br />als mined, handled. or disposed of within the permit area. <br />e) All refuse shall be disposed of in a manner ghat controls unsightliness Cr the delete- <br />rious effects of such refuse. , <br />(f) In those areas where revegetation is part of the reclamation plan, land shall be <br />`e'.'egetated so that a diverse. effective. and long - lasting vegetative cover is established that <br />is capable of self - regeneration and is at least equal. with respect to the extent or co\cr, to <br />the natural vegetation of the surrounding area. Species chosen for revegetation shall be <br />compatible for the proposed post - extraction land use and shall be of adequate di`ersit to <br />establish successful reclamation. <br />t✓ (g) Where it is necessary to remove overburden to mine the construction material, top - <br />soil shall be removed and segregated from other spoil. If such topsoil is not replaced on a <br />backfill area within a period of time short enough to avoid deterioration of the topsoil. veg- <br />etative cover or other means shall be employed so that such topsoil is preserved from wind <br />and water erosion, remains free of contamination, and is in a useable condition for sustain- <br />ing vegetation when restored during reclamation. If. in the discretion of the board, such top- <br />soil is of insufficient quantity or of poor quality for sustaining vegetation or if other strata <br />can he shown to be more suitable for vegetation requirements, the operator -shall remove, <br />segregate. and preserve in a like manner such other strata which are best able to support <br />vegetation. _ <br />(h) Disturbances to the prevailing hydrologic balance of the affected and and of the <br />surrounding area and to the quality and quantity of water m surface and groundwater sys ' <br />terns. both during and after the mining operation and during reclamation, shall be mini- <br />mized. Nothing in this paragraph (h) shall be construed to allow the operator to avoic' com- <br />pliance with other statutory provisions governing well permits and augmentation <br />requirements and replacement plans when applicable. , <br />(i) Areas outside of the affected land shall be protected from slides or damage occur - <br />ring during the mining cpera :inn and reciama :ion. <br />(j) All surface areas of the affected land, including spoil piles, shall be stabilized and <br />protected so as to effectively control erosion. <br />■/ (k) All affected areas to be seeded or to receive transplants shall he seeded or trans - <br />planted using reclamation prac Ices and tech ues acceptable to the office. Planting meth- <br />ods include seedbed and see: erer :-atica arid soil amendments appropriate to the topos- <br />r:.pn physical and chemlca.. chart._ ::ristiCS o; sci , _,.,d selected plant specie_ 2;dc:. ...:e t� <br />give the best chance for successful reclamation. <br />(1) The operator may permit the public to use lands it owns for recreaior,al purposes in <br />accordance with the limited landowner liability law contained in article 41 of title 33, <br />C.R.S., except in areas where such use is found by the operator to be hazardous or a :jec- <br />tionable. <br />(m) With respect to all affected land, the operator. in consultation with the 'fan !" <br />where possible subject to the approval of the board. shall determine v,hi_'a. ;ra of t' <br />affected land shall be reclaimed for forest, range, crop. horticultural, homesite. recreational. <br />industrial, or other uses, including food, shelter, and ground cover for wildlife. Before <br />approving a new reclamation plan or a change in an existing reclamation plan. the board <br />may confer with the local board of county commissioners and the board of supervisors of <br />the soil conservation district if the mining operation is within the boundaries of a sc I con- <br />servation district. - <br />