2006-12-04_REVISION - M1978314 (2)

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• as a whole. See Motion at 3. That violates the bedrock principle that a statute must be interpreted as a whole to give "`consistent, harmonious and sensible effect to all its parts."' Bd. of Countv Commis v. Costilla Countv Conservancy Dist., 88 P.3d 1188, 1192 (Colo. 2004) (quoting People v. Luther, 58 P.3d 1013, 1015 (Colo. 2002)). Section 110(5)(a) must be construed in context to determine legislative intent. Tidwell v. City and County of Denver, 83 P.3d 75, 83 (Colo. 2003). The Board must examine the impacts of alternative constructions and presume that the legislature intended a just and reasonable result. Anderson v. Lonemont Toyota, Inc., 102 P.3d 323, 327 (Colo. 2004); Luther, 58 P.3d at 1015 ("the correct meaning of a statute" is ascertained by looking at the "legislative history, prior law, the consequences of a given construction, and the goal of the statutory scheme."). Here, the Objectors' argument utterly fails when - as Colorado law requires -the Act is read as a whole, and Section 110(5)(a) is interpreted in context to give effect to the Legislature's permitting scheme for construction materials mining. The Act provides two primary avenues to obtain authorization for gravel mining.3 First, for small mines that are less than ten acres and that have "limited impact" there is the "expedited" Section 110 permitting process. Colo. Rev. Stat. § 34-32.5-110. It provides "simplified and reduced procedures and requirements" concerning publication, notice, written objections, petitions and supporting documents. Id. § 34-32.5-110(4). The expedited and simplified Section 110 procedures enable a miner to locate a small mine on the ground faster and with less review than a big mine. • Second, for mines bigger than ten acres, the Section 112 permitting process is more rigorous than the Section 110 small mine process. Colo. Rev. Stat. §§ 34-32.5-112, 115(2). The statutory requirements listed for Section 112 applicants are nearly twice as long as those for Section 110 applicants. Applicants must provide afull-blown "reclamation plan" rather than the list of reclamation "measures" required of Section 110 applicants. Id. §§ 34-32.5-110(1)(a)(IX), 112(1)(b)(II). The Section 112 applicant must identify the mining "timetable" for "stages of the mining operation," the "reclamation schedule," and provide a full "survey" and detailed map that identifies "topography," soil types, "vegetation cover," and other matters. Id. § 34-32.5- 112(2)(d). Section 110 applications are processed faster, and subjected to less public review, than Section 112 applications. The Section 112 process enables the Office of Mined Land Reclamation to determine whether the operator has the ability, experience, and financial stability to effectively manage a large mine before the applicant starts to mine. The Act thus provides two avenues to gravel mining: the quick and expedited Section 110 process for small mines, and for big mines, the more searching and time intensive review and analysis under Section 112. What if the recipient of a new Section 110 Permit wants to expand? The Legislature enacted Section 110(5)(a) of the Act to cover the newly-minted Section 110 miner. It provides: • 'The Act provides a third class of limited purpose "special permits" to mine materials for highway, road, and utility construction within a "short period of time." Colo. Rev. Stat. § 34-32.5-111.