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These maps do not delineate the "affected land," nor do they identify the 200 <br />foot zone required by the statute. The MLRB action is erroneous for this reason <br />alone. <br />The MLRB's rationale for excluding the significant work on State Highway <br />119 from "affected land" is set forth in the MLRB Order. <br />The Division responded that it was Division policy to <br />consider property that is within existing government <br />rights-of--way to be outside of affected lands. The <br />acceleration and deceleration lanes are within an existing <br />Colorado Department of Transportation ("CDOT") right- <br />of-way and are subject to CDOT permit requirements. <br />R. 2679. As previously noted, there is nothing in the statutes that supports the <br />interpretation that "affected lands" do not include "existing government rights-of- <br />way." In fact, the statute is clear that existing roads that are being substantially <br />upgraded to support the mining operation are "affected lands." <br />The MLRB's Answer Brief now argues that the highway right-of--way is not <br />excluded by virtue of its status as right-of--way. Rather, it is excluded as "land that <br />has been reclaimed pursuant to an approved plan or otherwise, as may be approved <br />by the board..." (emphasis added). See, § 34-32.5-103(1), C.R.S. and Answer <br />Brief of State of Colorado Mined Land Reclamation Board at 15 (MLRB Br. at <br />15). <br /> <br />