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~v~ «-t~-~ry <br />. ~~ J~- <br />L2-CQ-C~(o <br />BEFORE THE MINED LAND RECLAMATION BOARD ~~ ~ 9Et ~ <br />STATE OF COLORADO <br />OF RECLAMATION, MINING AND SAFETY'S <br />CONSTRUCTION MATERIALS APPLICATION REGARDING PERMIT NO. M-1978-314 <br />UBJ JURISDICTION <br />KING MOUNTAIN, GRAVEL, LLC; KING MOUNTAIN SAND AND GRAVEL MINE, FILE <br />NO. M-1978-314; RECONSIDERATION OF CONVERSION APPLICATION APPROVAL <br />The Division of Reclamation, Mining and Safety ("DBMS" or "Division") by and <br />through its undersigned counsel, hereby submits this brief in opposition to Sleeping Lion Ranch, <br />LLC, d/b/a Baz-A-Ranch; ER Ranch, LLC; and Egeria Pazk, LLC's (collectively, the <br />"Objectors") Motion to Dismiss King Mountain Gravel LLC's ("King Mountain") Conversion <br />Construction Materials Application Regarding Permit No. M-1978-314 for Lack of Subject <br />Matter Jurisdiction ("Motion"). As grounds therefore, DBMS states as follows: <br />INTRODUCTION <br />'•e Objectors' Motion is premised on their assertion that holding a permit for two yeazs <br />is a jurisdictional requirement. That is, if a permit is not he]d for two years, the Objectors assert <br />that the Division and the Boazd have no jurisdiction to even consider or act on the application. <br />This assertion is wrong. Regardless of the interpretation of the two-year requirement, it is a <br />condition upon which the Division or Board may deny an application for conversion. It is not a <br />prerequisite for the Board or Division to have jurisdiction to act on the application. In addition, <br />agencies are granted broad deference in interpreting their own statutes and rules, and the Boazd <br />reasonably interpreted C.R.S. § 34-32.5-110(5) as requiring a permit to be in existence for two <br />years, not the operator to have held the permit for two yeazs prior to seeking conversion. Finally, <br />assuming for azgument's sake that the Objectors' interpretation of C.R.S. § 34-32.5-110(5) is <br />correct, the issue is now moot because King Mountain has held the 110 permit for over two <br />years. For these reasons, the Objectors' Motion should be denied, and the Boazd should conduct <br />the reconsideration hearing in January 2007. <br />FACT5 <br />The Mined Land Reclamation Boazd ("MLRB" or "Board") originally issued Pennit <br />number M-1978-314 on November 22, 1978, to Routt County, Colorado. The permit was <br />granted pursuant to C.R.S. § 34-32.5-110, which governs applications for mining operations <br />conducted on less than ten acres. These permits aze commonly referred to as "I 10 permits." On <br />June 24, 1987, the Board approved the transfer of the 110 permit to Frank W. Hewes, and on <br />September 24, 2004, a transfer from Mr. Hewes to the current permittee, King Mountain, was <br />approved. <br /> <br />