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Fax:3038663558 Jan 20 '99 12:49 P.07 <br /> o1/19/99 19,33 W 3037962777 KWS FICA & WILL C�1j0051D11 <br /> Ate=AlMbakar v Boar of Co tY Commissioners of El Pasd Coon- 652 P.2d, 1050,. <br /> 1055 (Colo. 1992). <br /> In CaMSand& Gravel, Division of C&MReady Mx Concrete Co, of Boulder V. Board of <br /> County Commissioners of Boulder County,673 P.2d, 1013 (Colo. App. 1983),the court discussed <br /> the question of the extent to which a county could regulate a gravel mining operation. There,the <br /> gravel mining operation was governed by the Colorado Mined Land Reclatnatioa,Act,C.R.S. § 34- <br /> 32-101,et seq. which is similar in many ways to the Colorado Surface Coal Mining Reclamation <br /> Act which govems reclamation in Coal Basin- In C&MSand& Gravel,the Court stated that the <br /> County Commissioners have a legitimate interest in regulating the actual use of the land but the <br /> Commission was l rr=mpted from setting performance standards for the reclamation activities. For <br /> example, the Court cited C.R.S. § 34-32-116 that sets forth specific standards for such things as <br /> grading,cousnuction of earthen dams,proper handling of acid Forming or toxic materials,proper <br /> disposal of refuse,revegetation,use of top soil for revegetation,xninimi2ation of disturbance to the <br /> hydrologic balance, protection from slides, stabilization of surface areas, fue and access roads <br /> through reclaimed areas and slope stability. 673 P.2d at 1017. Likewise,the Colorado Surface Coal <br /> Miming Raclamation Act speaks to the identical reclamation.issues. See,e.g.C-R.S. §34-33-121, <br /> (b) dealing with sealing of portals,etc., (d)dealing with,disposal of mine wastes and tailings and <br /> ensuring water quality, (e) designing and constructing mine waste piles, (f) regrading mid. <br /> revegetation, (i)minimizing disturbance to hydrologic balance,0)incorporating the standards set <br /> forth in 34-33-120 for issues not specifically addressed in subsection 121. <br /> 4 <br />