2000-06-16_PERMIT FILE - M2000002 (5)

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I. Statutory Standard for the Board's Review of Application No. M-2000-002 Requires that the Board Approve the Application. The Board "is an administrative agency that may act only within the authorization of its organic legislation." O'Connor v. Rolfes, 899 P.2d. 277 (Colo. App. Oct. 6,1994); reh'ing denied (Nov. 3, 1994); cert. denied (July 31, 1995). The Construction Materials statute codified at Section 34-32.5-101 et se . is the source of the Boazd's authority to issue mined land permits for the mining and reclamation of sand and gravel operations in the State. As set forth in Section 34- 32.5-115(4), C.R.S., the Boazd "shall not deny a permit except in one or more" of the situations listed immediately below. None of these exist in the case being considered by the Boazd. The appropriate course of action therefore left to the Boazd is the approval, as recommended by DMG staff, of Application No. M-2000-002. More specifically, the Board is required to deny an application if: (a) it is incomplete and the performance and financial warranties have not been provided; (b) the applicant has not paid the required fee; (c) any part of the proposed mining operation, the reclamation program, or the proposed future use is contrary to the Boazd's laws or regulations; (d) the proposed mining, reclamation, or the proposed future use is contrary to the laws or regulations of Colorado or the United States, including, but not limited to all federal, state, and local permits, licenses, and approvals, as applicable to the specific operation; (e) the mining operation will adversely affect the stability of any significant, valuable, and permanent manmade structures located within two hundred (200) feet of the affected land; t (f) the mining operation will be located on various State or federal pazk, preservation or recreational lands; or (g) the proposed reclamation does not conform to the performance standards set forth in Section 34-32.5-116, C.R.S. None of the objections in this case, as discussed below, implicate the statutory conditions for permit denial where Application M-2000-002 is concerned. Therefore the Board is required, by law, to approve the application and issue the permit. The Board shall not deny a permit on this basis where there is an agreement between the operator and the persons having an interest in the structure, or where the operator demonstrates through an appropriate engineering analysis that no damage will result to the structure. Section 34-32.5-I IS(4)(e), C.R.S.