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11/09/98 17:37 FAX 3037962777 BURNS FIGA & WILL 10005/031 <br /> There,the gravel mining was governed by the Colorado Mined Land Reclamation Act, C.R.S_ § 34- <br /> 32-101, et seq. which, in common with the Colorado Surface Coal Mining Reclamation Act, <br /> governs reclamation of mined land. In C&M Sand& Gravel, the Court concluded that the County <br /> Commissioners have a legitimate interest in regulating the actual use of the land but the Commission <br /> was pre-empted from setting performance standards for the reclamation activities_ For example,the <br /> Court cited C.R.S. § 34-32-116 which sets forth specific standards for such things as grading. <br /> construction of earthen darns,proper handling of acid forming or toxic materials,proper disposal of <br /> refuse, revegetation,use of top soil for revegetation, minimization of disturbance to the hydrologic <br /> balance,protection from slides, stabilization of surface areas, fire and access roads through reclaimed <br /> areas and slope stability. 673 P.2d at 1017. Likewise, the Colorado Surface Coal Mining <br /> Reclamation Act speaks to the identical reclamation issues. See,c.g. C.R.S. § 34-33-121,(b)dealing <br /> with sealing of portals,etc.,(d)dealing with disposal of mine wastes aid tailings and ensuring water <br /> quality, (e)designing and constructing mine waste piles,(f)establishing regrading and revegetation. <br /> (i)minimizing disturbance to hydrologic balance, 0)incorporating the standards set forth in§ 34 33- <br /> 120 for issues not specifically addressed in subsection 121. <br /> The instant case is identical to C&M Sand & Gravel. Third-party plaintiffs' claims one <br /> through four provide no opportunity for participation by the County_ Third-party plaintiffs' First <br /> Claim is for an accounting. This is strictly a demand by third-party plaintiffs for DMG to state in <br /> detail what DMG has done, how much it cost, what DMG plans to do and how much it plans to <br /> spend. This issue goes purely to the nuts and bolts of reclamation. As demonstrated above,the State <br /> has completely preempted local governments from regulating in this area_ Third-party plaintiffs' <br /> Second Claim for Relief questions DMG's use of bankruptcy fund proceeds for steep slope <br /> 4 <br />