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aze loaded on the lazger vehicles. The access toad between the permit azea and the pazking lot is not <br />part of the permit azea. <br />C.R.S. § 34-32-102(8) defines mining operations to include the extraction of a mineral from its natural <br />occurrence on affected land. <br />8. C.R.S. § 34-32-102(1.5) defines affected land to include the surface of an area within the state where a <br />mining operation is being or will be conducted, which surface is disturbed as a result of such operation. <br />It also includes storage areas and areas in which tnaterials or property which result from or aze used in <br />such operations are situated. <br />9. The issue is whether this ore storage area is part of the affected land that must be regulated under <br />Petitioner's permit. <br />10. The definition of affected land is broad enough to arguably include features that are well beyond the <br />mining operation, and well beyond what the Legislature intended to be regulated by the Boazd and the <br />Division. <br />11. If the ore were stored in sacks immediately adjacent to the excavation, there would be little debate that <br />the storage azea is part of the mine. When the ore leaves the permit azea and is stored at an off-site <br />processing facility one hundred miles away from the excavation, there would be little debate that the <br />storage area is not part of the mine. <br />12. The situation at hand involves an azea that lies in the gray azea between those two obvious decisions. <br />The definition of affected land has been consistently applied to include feamres that are constructed or <br />land that has been disturbed as a result of mining. If the feature existed before the mine and will exist <br />after the mine, such as a road, then it has not been subject to regulation unless the feature has been <br />substantially altered by the mining operation. <br />13. The pazking lot in question exists independently of the mine. It was not constructed to serve the mine <br />and was not constructed by the mine. Presumably, it will exist after the [nine is gone. <br />14. The more significant question is whether the storage activity will cause a disturbance. More <br />specifically, the question is whether the ore in the sacks will generate acid leachate that could <br />contaminate the ground and surface water in the vicinity of the storage area. <br />