Laserfiche WebLink
reclamation pursuant to the approved Reclamation Plan. For example, C.R.S. § 34-33-113(1), <br /> regarding performance bonds states in part, "The amount of the bond shall be sufficient to assure <br /> the completion of the reclamation plan if the work had to be performed by the board in the event of <br /> forfeiture. . ." C.R.S. § 34-33-114(2)(b), states that an application for a mining permit or revision <br /> shall not be approved unless, "The applicant has demonstrated that reclamation as required by this <br /> article can be accomplished under the reclamation plan contained in the permit application." The <br /> regulations are to the same affect. Section 3.04.1(1)(b) of the Regulations of the Colorado Mine <br /> Land Reclamation Board ("MLRB") for Coal Mining states that the board shall forfeit a <br /> performance bond if it is necessary, "in order to fulfill the requirements of the permit and the <br /> reclamation plan, to have someone other than the permitee correct or complete reclamation . . ." <br /> Further, Section 3.04.2(4) of the regulations addresses the instance when DMG is performing <br /> reclamation and states in part, "Said reclamation shall include all costs and administrative expenses <br /> associated with the conduct of reclamation activities required to complete the applicable approved <br /> reclamation plan." A copy of the relevant portions of the regulations are attached as Exhibit H. <br /> Finally, § 4.3.4 of the Liquidation Plan (Exhibit C) states in part, "Funds received by MLRB <br /> pursuant to Sections 4.3.1 and 4.3 2 of the Plan shall be expended by the MLRB pursuant to the <br /> Reclamation Plan and such reclamation schedule." Given this history, DMG simply cannot now <br /> argue that there is either no Reclamation Plan or that DMG, as the party performing reclamation, is <br /> not bound to follow it. <br /> III. STANDARD OF REVIEW <br /> DMG argues that four of MCR's claims should be dismissed for the following reasons: <br /> 1. Claims 2, 3 and 4 fail to state a claim; <br /> 2. Claims 2, 3 and 4 are barred by governmental immunity; and <br /> 4 <br />