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Fax:3038663558 Jan 20 '99 12:49 P.08 <br /> olds/99 19:33 FAX 3037962777 BURNS FICA & WILL MOOS/Oil <br /> The hurt in C&M Sand c& Gravel ultimately allowed the cotuxty to use its zoning powers <br /> to assert some regutntion of the gravel rni7t but only because the court found that the county <br /> zoning regulations did not conflict with the state statutes and regulation, In Oborne v. Board of <br /> County Commissioners of.Douglas County, 764 P.2d 397(Colo.App. 19SS),the aouxt held that the <br /> county could not make compliance with various tecka-dcal requirements a condition to obtaining a <br /> county permit wheare the state was charged with regulaUng the same tccb nical issues. <br /> The instant case is identical to Oborne. Third Party Plaintiffs' claims one through four <br /> provide no opportunity for participation by the County. Third Party Plaintiffs'first claim is for an <br /> accounting. This is strictly a demand by Third Party Plaintiffs for DMG to state in detail what DMG <br /> has done,how much it cost,wbat DMG plans to do and how much it plans to spend. This issue goes <br /> purely to the nuts and bolts of reclamation. As demonstrated above, the state has completely <br /> pmrnpted local governments from regulating in this area. <br /> Third Party Plaintiffs'second claim for relief questions DMas use of bankrâ–ºrptcy funds for <br /> steep slope revegetation. Here,the issue is whether the reclamation plan approved by the bankruptcy <br /> court called for such steep slope revegetation and whether the techniques employed by the DMO are <br /> beneficial or simply a waste of bankruptcy funds. R,evegetation is an issue covered extensively by <br /> the FZagulations of the Colorado Mined Land Reclamation Board for Coal Mining_ Section 4.15 <br /> directly addresses the mechanics of revegetating Land that has been used for coal mining and leaves <br /> no room for county regulation. Section 4.27 of the regulations addresses operations on steep slopes. <br /> Third Party Plaintiffs'third claim for relief is for breach of contract for mvegetating certain <br /> roads within Coal Basin more than once. Again,the question is whether DMG has complied with <br /> the reclamation plan approved by the bankruptcy dourt and whether DMG is squandering money. <br /> S <br />