Colorado Code § 34-33-129

Surface coal mining operations not subject to this article
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(1) The
provisions of this article shall not apply to any of the following activities:
(a) The extraction of coal by a landowner for such landowner's own noncommercial use
from land owned or leased by said landowner; and
(b) (Deleted by amendment, L. 92, p. 1895, § 5, effective May 29, 1992.)
(c) The extraction of coal as an incidental part of federal, state, or local government-
financed highway or other construction under regulations established by the board.

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