2013-03-22_REVISION - C1981008 (2)

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Colorado has been a primacy state since 1980 when OSM approved the Act, as well as the Rules that implement the Act. 30 C.F.R. §§ 906, 906. 10, & 906.15. Thus, the Board and Division, and not OSM, have exclusive responsibility to regulate coal mining in Colorado. B. Colorado's Mined Land Reclamation Board The Board is a seven - member, citizen board vested with "the jurisdiction and authority over all persons or property, public or private, necessary to enforce the provisions" of the Act. § 34 -33 -105. The Board is comprised of five volunteer citizens selected for their educational and professional backgrounds in agriculture, conservation, or mining; the executive director of the Department of Natural Resources, or his designee; and a member of the Colorado State Conservation Board. § 34 -32- 105(2). The Board has the responsibility to balance the protection of the human health, safety and the environment, agricultural productivity, and the need for coal as an essential source of energy. § 34 -33 -102. Relevant here, the Board is charged with holding an adjudicatory, fact - finding hearing regarding the Division's proposed permitting decision, if an adversely affected person timely requests such a hearing. § 34- 33- 119(5); Rule 2.07. The Board issues a written decision based solely upon the administrative record created during the hearing. § 34- 33- 119(5), (8). The composition of Board that affirmed approval of PR -6 included members that individually brought substantial experience in agriculture, soil conservation, water resources and hydrology, farming /husbandry practices, and the mining industry. C. Colorado's Division of Reclamation, Mining, and Safety The Division is an administrative agency within DNR empowered to carry out and administer the provisions of the Act. § 34 -33 -105. To accomplish its regulatory duties and responsibilities under the Act, the Division employs a broad range of experts in such fields as 4