2 Colo. Code Regs. § 407-4-9

Current through Register Vol. 47, No. 23, December 10, 2024

Rule 2 CCR 407-4-9 - CHANGE OF NAME - LEGAL EFFECT

Any statute enacted prior to or on August 9, 2006 changing the name of the Division of Minerals and Geology to the Division of Reclamation, Mining and Safety, shall not impair the legal status or effect of any and all permits, permit obligations, financial warranties, performance warranties, contracts, property rights and/or any other obligations or legal relationships that were entered into between any entity or individual and the Division of Minerals and Geology prior to the name change. All such obligations will remain legally binding and shall not be impaired by any such name change. Any statute enacted after August 9, 2006 changing the name of the Division of Reclamation, Mining and Safety to any other name, shall not impair the legal status or effect of any and all permits, permit obligations, financial warranties, performance warranties, contracts, property rights and/or any other obligations or legal relationships that were entered into between an entity or individual and the Division of Reclamation, Mining and Safety prior to such name change. All such obligations will remain legally binding and shall not be impaired by any such name change.

STATEMENTS OF BASIS AND PURPOSE

(1)Statement of Basis and Purpose for Rulemaking of March 22, 2019 Basis and Purpose

I.Statutory Authority

These modifications to the Rules are made pursuant to the authority granted to the Mined Land Reclamation Board in Sections 34-32-104, 34-32-105(3), 34-32-106(1)(b), 34-32-108(1), 34-32.5-104, 34-32.5-105, and 34-32.5-108, C.R.S.

The specific authority for these rules is provided in Section 34-32-108(1), C.R.S.-- "The Board may adopt and promulgate reasonable rules and regulations respecting the administration of this article and article 32.5 of this title and in conformity therewith" and Section 34-32.5-108, C.R.S.- "The board may adopt and promulgate reasonable rules respecting the administration of this article."

II.Purpose of Revising the Rules

The primary purpose of the amendments are to incorporate Senate Bill 18-184 (the new 111(1)(b) Special One-Time Excavation Operation Permit), clarify and amend certain portions of existing rules, including the size of the required posted sign, an estimated completion date for Notices of Intent to Conduct Exploration Activities, and general editorial clean up.

Regulatory Additions and Amendments:

I. Rule 111(1)(b) was added to incorporate Senate Bill 18-184 into the Rules and the statutory language was mirrored as closely as possible.

II. The definition of "Mining Operation" in Rule 1.1 was amended to match the statutory definition.

III. The definition of "Off-site" in Rule 1.1 was amended for clarity.

IV. In response to public feedback, language regarding the size of signs was added to Rule 1.6.2 in order to ensure that permit application notices are visible to the public.

V. Rule 1.10 aMENDMENT TO A PERMIT was amended to allow for electronic submittals and reduce the amount of paperwork submitted.

VI. Language was added to Rule 1.16 regarding property leases and the need for operators to notify the Office when leases that affect legal right of entry are changed.

VII. Language was added to Rule 2.8.1 to mirror the Hard Rock Rules and incorporate procedures for telephonic appearances at hearings.

VIII. In response to past issues, the Division added language to Rule 3.1.3 Time Limit and Phased Reclamation to insure timely reclamation of sites.

IX. Language was added to Rule 3.1.9 Top soiling and 3.1.10 Revegetation to provide further clarification and to mirror the Hard Rock Rules.

X. In response to public feedback, language further clarifying Rule 3.1.12 Signs and Markers was added regarding the size of signs.

XI. In response to past issues, the Division added language to Rule 5 that limits prospecting activities to 5 years unless approved by the Office or Board. In addition, documentation of the legal right to enter was added as an NOI Application requirement.

XII. Changes were made to Rule 5 to match the Hard Rock Rules.

XIII. Rule 6.3.1 eXHIBIT G - Source of Legal Right-to-Enter was edited for clarity.

XIV. Language was added to Rule 6.3.3 EXHIBIT C- Mining Plan that mirrors the statutory definition of "affected lands."

XV. Language was added to Rule 6.4.4 EXHIBIT D- Mining Plan that includes the statutory definition of "affected lands."

XVI. Rule 8.2.1 was edited to provide up-to-date contact information.

Stakeholder Involvement in the Process

The following describes the Division's effort to work with and reach out to stakeholders:

I.Extent of Agency Consultation with Operators, Consultants, Environmental Organizations, and Government Representatives

The Division utilized various methods to inform individual industry representatives, industry trade associations, environmental organizations, federal government agencies, and the general public of the proposed regulatory revisions and rule-making process. These methods included:

1. Posting a Stakeholder Process Notification Request Form on the Division's website to notify stakeholders of upcoming stakeholder meetings;

2. Posting of all proposed Rules and related documents on the Division's website;

3. Posting of all Pre-hearing and Rule-making hearing dates on the Division's website;

4. The Division hosted 2 informal stakeholder meetings in both Grand Junction (2/7/19) and Denver (2/14/19).

The Mined Land Reclamation Board adopted amendments based on stakeholder input and testimony at the scheduled rule-making hearing on May 22, 2019.

2 CCR 407-4-9

42 CR 12, June 25, 2019, effective 7/15/2019