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Section 34-32.5-103(1), C.R.S., defines affected land in pertinent part as <br />follows: <br />(1) "Affected land" means the surface of the area within <br />the state where a mining operation is being or will be <br />conducted, which surface is disturbed as a result of an <br />operation. Affected lands include, but shall not be <br />limited to, private ways, roads, (except those roads <br />excluded by this subsection (1)); ... "Affected land" <br />does not include land that has been reclaimed pursuant to <br />an approved plan or otherwise, as may be approved by <br />the board, or off-site roads that were constructed for <br />purposes unrelated to the proposed operation, were in <br />existence before a permit application was filed with the <br />office, and will not be substantially upgraded to support <br />the operation. <br />C.R.S. § 34-32.5-103(1). <br />Consistent with the above. statutory definition, C.M.R. 1.1(3) defines <br />"affected land" as the land that will be disturbed as a result of the mining <br />operation. The definition does not include off-site roads that existed prior to the <br />application for a mining permit and that were constructed for purposes unrelated to <br />the proposed mining operation unless the off-site road will be "substantially <br />upgraded to support the mining operation." C.M.R. 1.1(3) (emphasis added). <br />Here, there is unrefuted evidence that the Highway Access Permit issued to <br />the Applicant by the Colorado Deparhnent of Transportation ("CDOT"), dated <br />August 23, 2005, which is part of the MMRR Quarry Application, requires the <br />26 <br />