2002-03-15_GENERAL DOCUMENTS - M2002004

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1633 Colorado Land Reclamation Act for the 34-32.5-118 Extraction of Construction Materials (n) If the operator's choice of reclamation is for range, the affected land shall he restored to slopes commensurate with the proposed land use that shall not be too steep to be traversed by livestock No grazing shall be permitted on reclaimed land until the planti- ng is iirinly established. The board, in consultation with the landowner and the local soil coyer vation district. if any. shall determine when grazing may start. (0) If the operator's choice of reclamation is for agricultural or horticultural ' normally require the use of farm equipment, the operator shall a h af `1 crops so the area can be traversed with farm machinery. Preparation for seeding orp la t nting ization, and seeding or planting rates shall be governed by general agricultural and horti- cultural practices except where research or experience in such operations differs with such practices. (p) If the operator's choice of reclamation is for the development of the affected land for homesite. recreational, industrial, or other uses, including food, shelter, and ground cover for wildlife, the minimum requirements necessary for such reclamation shall be agreed upon between the operator and the board. (q) (I) All reclamation requirements required by this section shall be carried to com- pletion with reasonable diligence and conducted concurrently with mining operations to the extent practicable, taking into consideration the mining plan. safety, economics, the availability of equipment and material and other site - specific conditions relevant and unique to the affected land and the postmining land use. Upon completion of each phase of mining and. in accordance with the reclamation plan, final reclamation of each mining phase shall be completed prior to the expiration of five years after the date the operator advises the board in an annual report that such phase of mining has been completed, unless such period is extended by the board pursuant to section 34- 32.5 -1 12: except that reclama- tion may be completed in phases and the five -year period may he applied separately to each phase as it commences during the life of the mine. (I1) No planting shall be required on affected land: (A) Used or proposed to be used by the operator for the deposit or disposal of refuse until after the cessation of operations productive of such refuse or proposed for future min- in operations: (B) Within depressed haulage roads or final cuts while such roads or final cuts are being used or made: or (C) Where permanent pools or lakes have been formed. (ill) No planting of any kind shall be required on affected land so long as the chemical and physical characteristics of the surface and immeo:iately underlying material of st eh affected land are chemically incompatible with plant g ae'.vth, deficient in plant nutrients, r composed of sand. gravel, shale, or stone to such an extent as to seriously inhibit plan: growl], ands such condition _ ition cannot feasibly be remedies_ chem ca' treatment, replacement of overburden, or like � � _ ` -' ".i �. atrnent, fertilization, meal r es. When e ra : - tl,. 1: _ a. . weather in- and leaching: ct such affected land, over a period of five years after commencement of reclama f a remove the chemical and physical characteristics inhibitory to rant growt t,o,, a.is ° il time within such fi', e -.ear period, the board determines that any of e cr i f a and during the rem tinder of said five-year period will be, unpl n* abfe , t such .:; cd ati ai sunder the provisions th.3 a c: � - rt :� _., r a <<; ~e p_. �.�� „_.• G: i with respect � such affected land may, wit\ approval of the board, be discharged by reclamation cf an equal number of acres of land previously mined and owned by the operator and not otherwise subject to reclamation under this article. (IV) With the approval of the board and the owner of the land to be reclaimed, an operator may substitute land previously mined and owned by the operator that is not oth- erwise subject to re _lamatio under this board and the o Tie" Oi � L: �1S article or, in the ate ^r!� ;• � with th... Cpi'0`. .,. the land, reclamation of an egttai number a acres , � of any laads previously excavated or mined but not owned by the operator if the operator has not pre- viously abandoned unreclaimed land affected by mining operations. As an alternative, the board may grant the reclamation of lesser or greater acreage if the cost of reclaiming such acreage is at least equivalent to the cost of reclaiming the original permit lands. If an area is so substituted, the operator shall submit a map of the substituted area conforming to all map requirements in this article. Upon completion of reclamation of the substituted land, the operator shall be relieved of all obligations under this article with respect to the land for which substitution has been permitted.