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999 <br />Erin Johnson <br />Anorney at Lcrw, LLC <br />925 S Broadwm~, .Suite 206 <br />Cor(ez, Colorado 8132! <br />970-565-2628, 303-588-2695, F970-565-2608 <br />R~~ely~ <br />MAR 2 2 ?001 <br />Oivle/o~ n ~jpe ~ 8 Geo <br />°8Y <br />March 20, 2001 ~D~N1~`'~~ ®F <br />r U F1C <br />Division of Minerals and Geology ~~~~f ~~,~~ FILE~~C Fc~E CppY <br />701 Camino Del Rio, Room 125 MAR SI "~'oD <br />Durango, CO 81301 nr~;sr ? g ?001 od T~. L r„e ~ <br />~aa1B7;nejala J~'c roh Pra ~ n t J <br />Re: Comments re Line Camp Pit, File No. M-2001-001 aadteolagr `eSS ~al~N <br />To the Division of Minerals and Geology, <br />l am a citizen of Montezuma County and I attended the Informal Conference regarding the <br />Line Camp Pit application held in Dolores, Colorado on March 15, 2001. I registered at the <br />conference as a party and a completed party status form is attached to this submittal. I spoke on <br />several issues at the Informal Conference and wish to submit my concerns in writing. <br />My primary concern is the Division's and the MLRB's refusal to acknowledge the <br />responsibility to "...protect rnrd promote the health, .c~fely, arrdgeneral welfare of the people oflhis <br />.state, " as established in the legislative declaration of the Colorado Mined Land Reclamation Act, <br />C.R.S. 34-32-102. At the meeting, the Division's representatives contended that the Division and <br />the MLRB had no authority to address certain issues, and referenced in support of this statement a <br />memorandum issued by the Division of Minerals and Geology dated May 20, 1999. <br />The memo states that the MLRB'sjurisdiction islimited to "issues arising from the approval <br />of reclamation permit applications," and further that the only matters that the Board may consider are <br />those that pertain to whether the permit application and reclamation plan meet the requirements of <br />the Mined Land Reclamation Act. <br />While it is readily understandable that the MLRB cannot carry out the laws enforced by other <br />federal, state, or local entities, it is incorrect to expanded that interpretation and apply it in a manner <br />that disregards statutory directives. The protection of the health, safety, and welfare of the people <br />is a broad power, commonly called the "police power," used by all governmental entities to address <br />and regulate issues pertaining to the public. The legislative declaration establishes the police power <br />of the Division and MLRB withmd limilnliwr. <br />County governments in Colorado are granted police power authority to plan for and regulate <br />the use of land within their jurisdiction. Non-home rule counties in Colorado possess only those <br />powers expressly granted to it under [he state constitution. Board of County Comm 's v. Pfeifer, 190 <br />Colo. 275, 546 P.2d 946 (1976). Accordingly, the police power authority of Montezuma County has <br />the responsibility to protect the health, safety, and welfare of the people of the county. <br />