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GENERAL46384
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GENERAL46384
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Entry Properties
Last modified
8/24/2016 8:19:28 PM
Creation date
11/23/2007 2:36:23 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2001001
IBM Index Class Name
General Documents
Doc Name
Boards Answer to Boyton et al v. MLRB
From
AGO
To
MLRB & DMG
Media Type
D
Archive
No
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arbitrary or capricious, violative of constitutional rights, or <br />constitutes an abuse of discretion. <br />Administrative proceedings are accorded a presumption of regularity. Van Sickle v. <br />Boyes 797 P.2d 1267 (Colo. 1990). The burden of showing reversible error is upon the party <br />asserting the error. Anderson v. Colorado State Dept. of Personnel, 756 P.2d 969, 978 (Colo. <br />1988). The decision of the Board may not be reversed on judicial review based on a procedural <br />error unless the substantial rights of the Plaintiffs are prejudiced by the Board's en•or. Wunder v. <br />Department ofRevenue, Motor Vehicle Div., 867 P.2d 178, 181 (Colo.App. 1993). <br />II. The Mine Reclamation Permitting Process <br />Any person or entity that intends to conduct an operation to mine construction materials <br />in Colorado, including sand and/or gravel, must first apply for and obtain a reclamation permit <br />from the Board or Division of Minerals and Geology, Office of Mined Land Reclamation <br />(hereinafter Division) pursuant to § 34-32.5-109(1), C.R.S. of the Colorado Land Reclamation <br />Act for the Extraction of Construction Materials (hereinafter "Reclamation Act"). <br />Four States applied to the Division for a reclamation permit, in accordance with § 34- <br />32.5-112, C.R.S. of the Reclamation Act.3 Once Four States applied for the pertnit, it was also <br />obligated to make a copy of the application available for public inspection at the office of the <br />Boazd and the office of the County Clerk and Recorder of Montezuma County, where its <br />proposed operation would be located. § 34-32.5-112(9)(a), C.R.S. Four States was also <br />3The Reclamation Act authorizes four types of reclamation permits, depending on the size, <br />intended life of the mine and purpose of the operation or the purpose of the material to be <br />mined. § 34-32.5-110, 111, 112, 113, C.R.S. Four States sought a reclamationpermit for the <br />largest type of mining operation under § 34-32.5-112, C.R.S. <br />
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