Mined Land Reclamation Board approves updated hard‑rock rules and new reclamation‑only permit

The Mined Land Reclamation Board on Feb. 18 voted to accept a package of revisions to the state’s hard‑rock and construction‑materials rules, including a newly created reclamation‑only permit (1‑10R) designed to ease regulatory burdens for small cleanup projects while preserving environmental safeguards.

The board accepted the draft rules by voice vote after a multi‑hour public hearing and staff presentation. Russ Spain of the Division of Reclamation, Mining and Safety (DRMS) described the 1‑10R permit as a "scoop and go" tool that permits removal of historic waste piles to a permitted receiving or processing facility, limits disturbance to generally five affected acres or less, prohibits on‑site processing or conversion to a mining permit, and requires legal right of entry, public notice and a financial warranty.

"The idea of the 1‑10R was to lift some of the regulatory burden and try to incentivize some of the cleanup of these historic waste piles," Spain said during the hearing, explaining that small projects previously designated as higher‑burden operations were often economically infeasible.

Why it matters: DRMS and stakeholders said the permit aims to enable cleanup of multiple small legacy waste piles in a watershed without triggering full designated‑mining‑operation requirements for each small site. Staff emphasized interagency coordination for sites in Superfund areas or locations with other federal or state involvement and added a requirement that applicants obtain written jurisdictional approval before an application will be approved.

Stakeholder support and concerns: Adam Ekman, president of the Colorado Mining Association, told the board CMA supports the final regulations and worked with DRMS during stakeholder meetings to reach consensus. "CMA supports the final regulations with those revisions," Ekman said, urging the board to adopt the package.

Board members questioned several operational details during the hearing. Staff clarified that the five‑acre limit includes newly graded access roads (preexisting roads generally do not count) and that material removed under a 1‑10R must go to a permitted receiving facility; if that facility extracts metals for sale it must hold the appropriate processing or mining permit. Staff also emphasized that the 1‑10R cannot be converted later into another permit type and does not allow activities contrary to the Clean Water Act.

Other rule changes: The package updates many definitions and procedures across Rules 1–8 to align hard‑rock rules with construction‑materials rules and to implement statutory changes in Senate Bill 54. Notable changes include adding rare‑earth elements to the definition of minerals, clarifying monitoring‑well requirements for baseline groundwater data, codifying timelines for certain technical revisions, and revising financial warranty language (eliminating some self‑bonding and restricting use of real property as financial assurance except for very large liabilities consistent with statute).

Implementation and next steps: DRMS staff said they will send the adopted package to the Secretary of State for final publication and the rules are expected to take effect about 20 days after promulgation (staff cited a target effective date of 2026‑03‑10). Staff also described plans to update application forms and the e‑permitting system to reflect the new exhibits and coordinate contact lists for agencies (EPA Region 8, CDPHE, CPW, BLM, state land board) used in required pre‑permit notifications.

The board accepted the draft rules under CRS 34‑32 and 32.5; the staff will finalize publication materials, pursue attorney‑general review as required, and implement application and e‑permitting updates over the coming weeks.