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Affected lands include, but shall not be limited to, private <br />ways, roads (except those roads excluded by this <br />subsection (1); .... "Affected land" does not include ... <br />off-site roads that were constructed for purposes <br />unrelated to the proposed operation, were in existence <br />before a permit application was filed with the office, and <br />will not be substantially upgraded to support the <br />operation. <br />(emphasis added). <br />As a result of the proposed mining operation, the Applicant is required to <br />significantly widen State Highway 119 between the Sanitation District's treatment <br />facility and the property to be mined. The work includes the construction of left <br />and right turn lanes to serve the heavy truck traffic that will carry the mine's <br />production. Agency Record p. 987 at ¶¶ 34 and 35 (R. 987 at ¶¶ 34 and 35). <br />State Highway 119 is being "substantially upgraded to support the <br />operation" of the quarry. The Applicant suggests that the construction and addition <br />of left and right turn lanes to an existing two lane highway are not substantial <br />upgrades. However, the addition of the left and right turn lanes will double the <br />size of State Highway 119 at the plant and proposed quarry entrance. The District <br />believes this is a "substantial upgrade." But for the mining operation and the <br />requirement to apply for a highway access permit, the turn lanes would not be <br />constructed. Therefore, the required turn lanes fall within the definition of <br />"affected land" at § 34-32.5-103(1), C.R.S. <br />4 <br />