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Section 34-32.5-103(1), C.R.S. is clear. An off-site road that is being <br />substantially upgraded to support a mining operation is within the definition of <br />"affected land." The mining statutes specifically discuss off-site roads, and the <br />legislature could have referenced government right-of--way or any other type of <br />ownership exempting property from the definition of "affected land" if it had <br />intended to do so. Such a reference is conspicuously absent. <br />Whether the Colorado Department of Transportation ("CDOT") has <br />authority or jurisdiction over the State Highway 119 is completely irrelevant. As <br />stated by the Applicant's Answer Brief, the MLRB's own rules require an <br />applicant to identify highway access permits it holds or will be seeking. See, <br />C.M.R. 6.4.13 and Applicant Br. at 17. This MLRB requirement must be intended <br />to allow a determination of which off-site roads will be "substantially upgraded." <br />The effect of the MLRB's interpretation of the statute is to remove the <br />Sanitation District's treatment facility from the purview of the statutes and the <br />mapping requirements for structures within 200 feet of the "affected lands." See, <br />§34-32.5-112(3)(e), C.R.S. <br />The MLRB "policy" is contrary to the plain language of the statute that <br />governs the agency. Therefore, it is "in excess of statutory jurisdiction, authority, <br />purposes, or limitations" and not in accordance with procedures required by law. <br />s <br />