PERMFILE100381

• Permit No: M1988112
• IBM Index Class Name: Permit File
• Doc Date: 4/7/1989
• Doc Name: COLO COURT OF APPEALS 88CA0098
• Section_Exhibit Name: EXHIBIT A
• Media Type: D
• Archive: No

Plaintiffs, Alice and William Pehr, appeal from the
district court judgment affirming the administrative action of
the Colorado Mined Land Reclamation Board (the Board) in
granting the application of defendant Front Range Sand and
Gravel (Front Range) for a permit to conduct an open pit sand
and gravel mining operation on lands owned by Myrna K.
Slabaszewski and Freda L. Dreiling. Plaintiffs are owners of
land immediately adjacent to the land where the open pit mine
is to be located. The district court held that there was
sufficient evidence in the record as a whole to support the
Board's action and that plaintiffs received sufficient notice
of the administrative proceedings. Therefore, it affirmed the
Board's action. We affirm the judgment.
I.
Plaintiffs contend that Front Range's permit application
was so incomplete and otherwise deficient that the Board lacked
jurisdiction to consider it
We find no merit in this
contention.
The Colorado Mined Land Reclamation Act, §34-32-1C1, et
seq., C.R.S. (1984 Repl. Vol. 14) (the Reclamation Act),
requires a permit to he obtained from the Board for mining
operations, and the Board has been given jurisdiction and
authority necessary to enforce the provisions of the
Reclamation Act. See §34-32-105(4), C.R.S. (1984 Repl. Vol.
14). We note that one of the grounds for the Board tc+ deny a
-1-