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installs the slurry wall). See March 11, 2005 Draft Agreement to Facilitate the Development of a Water Storage Facility in Cell #1 at Bromley Lakes, n/k/a Mitchell Lakes ("Draft Agreement"), attached hereto as Exhibit B. In addition, the Petitioner has substantially completed certain elements of the reclamation plan, including rough grading of final slopes and rough drainage in Cel] #1, the removal of overburden spoils piles above existing ground levels and the placement of topsoil. Final grading for revegetation has not been completed, but the City will undertake final grading, reseeding and revegetation after the slurry wall is installed. As described in Exhibit B, the Petitioner intends to construct a "side channel depression" and a "depression in dike" in Cell #1 (together, the "flood control structures") as called for in the approved reclamation plan following installation by the City of the slurry wall. The design and construction of the flood control structures will be coordinated between the Petitioner and the City in consultation with the Urban Drainage and Flood Control District, which agency has approval authority over the flood control structures. 6. The Board has jurisdiction over this matter and the parties pursuant to Sections 34-32.5-104 and 34-32.5-112(7)(a) of the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5-101 et seq. C.R.S. (2004). 7. Because the City has agreed to assume certain remaining reclamation obligations for the revegetation of Cell #1 and to release the State of Colorado from liability for reclamation at the site, and because the majority of the other reclamation measures in the approved reclamation plan have been completed or will be completed by the Petitioner, it is appropriate to grant Petitioner's request for a release of the 220-acre parcel known as Ce11 #1 from the Petitioner's mined land reclamation permit. his appropriate to condition such a