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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number   2020-00116


CCR details

Tracking Number 2020-00116
Type of Filing Permanent Rule
Department 400 Department of Natural Resources
Agency 407 Division of Reclamation, Mining and Safety
CCR Number 2 CCR 407-2
CCR Title REGULATIONS FOR COAL MINING

Proposed rule

Notice Filed with SOS 03/03/2020
Rule ProposedRuleAttach2020-00116.pdf
Additional Information AddInfoAttach2020-00116.pdf
Statutory Authority Section 34-33-104, C.R.S., Article 4 of title 24, C.R.S., Section 34-33-105, C.R.S., Section 34-33-108, C.R.S.(the Board shall promulgate reasonable rules and regulations respecting the administration and enforcement of this article and, in conformance therewith, shall promulgate such reasonable rules and regulations pursuant to the provisions of Section 24-4-103)
Description of Subjects/Issues The Board will promulgate the new rules to make certain Board rules are more consistent, effective, and in compliance with the Surface Mining Control and Reclamation Act. Several of the rule changes are in response to 732 letters received from OSMRE under 30 CFR 732.17(c) where they have determined State rule amendments are needed to remain consistent with the Federal counterparts. Some amendments are requested to satisfy outstanding Colorado program conditions. Revegetation, topsoil and land use revisions are requested in response to Federal rule changes in 2006. Lastly, a number of editorial and administrative corrections are being requested. Topics subject to these rule changes include; Lands Unsuitable, Subsidence, Valid Existing Rights, Thick and/or Thin Overburden, Ownership and Control, Roads, Revegetation, Topsoil, and Land Use, Blasting, and Coal Exploration. The rules are being proposed to be no less effective than the Federal counterparts at 30 CFR Part 700 to end. Revisions are also being proposed to clarify existing rules and correct typographical errors.
Purpose/Objective of Rule The proposed Coal rule changes are in response to Federal 732 letters to the Colorado State Coal Program from the Office of Surface Mining Regulation and Enforcement (OSMRE). Colorado Rulemaking package, CO-040-FOR, was submitted to OSMRE October 1, 2014. OSMRE approved the final submittal on August 29, 2019, and published the decision in the Federal register. The rule changes address minor corrections and updates.
Basis And Purpose BasisAndPurposeAttachment2020-00116.pdf
Comments The Division's Statements of basis, Purpose, and Specific Statutory Authority for the Proposed Revisions to the Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal Mining is available on the Colorado Division of Reclamation , Mining and Safety website: https://colorado.gov/drms
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 04/22/2020
Hearing Time 09:00 AM
Hearing Location 1313 Sherman street, Room 318, Denver, CO 80203
Contact Name Janet Binns
Contact Title Environmental Protection Specialist III
Contact Telephone 303-866-3567 ext8107
Contact email janet.binns@state.co.us

Adopted rule

Adopted Rules AdoptedRules02020-00116.doc
Redline Redline2020-00116.pdf
Adopted Date 04/22/2020
AGO requested date 05/08/2020
Attorney General Opinion 05/12/2020
Colorado Register publication date 05/25/2020
Effective Date 07/01/2020
Inserted into CCR 07/22/2020
  
  
  
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