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<br />MASSEY SEMENOFF STERN 8a SCHWARZ~ P.C. <br />Ms. Pam Acre <br />Mr. Bill Schenderlein <br />May 10, 2000 <br />Page 2 <br />conform with Boulder County Zoning Resolution requirements for issuance of a Special Use <br />Permit for open mining in a Forestry Zoning District.[ <br />In 1988, House Bill 162 amended the Colorado Mined Land Reclamation Ac[, including <br />the provisions cited so prominently in Pinnacle's May 2 comment. Chap. 249, §§ 1 to 18, Colo. <br />Sess. Laws 1200-1215, 1988. More specifically, both Sections 34-32.5-109(6) and 34-32.5- <br />115(4) were amended so as remove those provisions of the statute that affirmatively precluded <br />the Boazd from granting a mined land reclamation permit that violated local land use authorities. <br />This approach was also codified by the General Assembly in Senate Bill 95-156, which <br />became law in 1995 and established the "Colorado Land Reclamation Act for the Extraction of <br />Construction Materials" (34-32.5-101, C.R.S. e_t se .; see also Sections 34-32.5-109(3) and 34- <br />32.5-115(4), C.R.S.). The construction materials statute and regulations make it the operator's <br />responsibility to obtain all necessary local land use approvals, a process in which, I understand, <br />Mobile Premix is currently engaged. Should the timing of this eventual approval lag behind the <br />Board's action for some reason, the Board certainly could condition the commencement of <br />operations on the Tanabe property upon the issuance of the underlying local land use approval. <br />Pinnacle's May 2, 2000 comment clearly misrepresents the state of the law. Not only <br />does the comment cite an old case decided on law that had been amended even before the case <br />was decided, but it neglects the fact that sand and gravel mining operations are actually subject <br />to a different statute and implementing regulations than those Pinnacle cites. These facts will not <br />be lost on the Board should it choose to consider the comment. <br />Please call me if [can be of further assistance. <br />Very truly yours, <br />MASSEY SEMENOF'F STERN & SCHWARZ, P.C. <br />~wZ <br />Jeffrey W. Schwarz <br />To that end, the case is most often cited for the proposition that neither the zoning authority of local <br />govemment, nor the Board's mined land reclamation authorities, conFlict with the State Land Board's authority to <br />administer public lands granted by the federal govemment to the State of Colorado for [he benefit of Colorado <br />public schools. <br />