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Fax:3038663558 Jan 20 '99 12:50 P. 10 <br /> ol/19/99 16:34 FA% 3037202777 <br /> BURNS FICA & wII1. M008/011 <br /> example,C.R.S. §34-33-115 discusses revisions of a permit and Includes provisions for notice and <br /> hearings. T1 at statute cannot apply though because it starts with the phrase,"During the term of the <br /> permit. . :' Here,Mid-Continent's mining permit was revoked by DMG long ago. TherefaM this <br /> section cannot apply. Similarly, C.R.S. § 34-33-116 discusses technical revisions of permits but <br /> again begins with the phrase, "Tuning the term of the permit- - ." Further, any such notice and <br /> hearing requirements open to all members of the public are eompletely inconsistent with court <br /> proceedings. Those provisions deal with the functioning of an administrative agency,not the judicial <br /> branch. If the County could boat strap its way into litigating claims one through four with such an <br /> argument, any governmental agency,group or individual citizen could make the same argumeat <br /> which would result in the potential for dozens of third party defetuiants in this case. <br /> Finally,all the notice and head provisions contemplate a private piny involved in mining <br /> or reclamation activities. Isere,the State of Colorado,through);MG,is the party pe orming the <br /> recl=m ion.-T3re County is subdivision of the state,Board of County Commissioners oj'La Plata <br /> County v. BowenlEdwards Associates, Inc., 830 P.2d 1045, 1055(Colo. 1992). Thus,allowing the <br /> County to regulate reclamation would be to allow an inferior level of state government to regulate <br /> the state govesninent itself Such a result would simply mare zio sense. <br /> C. Long expired permits cannot form the basis for Pitkin County's ability to litigate <br /> claims one through four. <br /> In a last ditch attempt to manufacture a basis.for participating in claims one through four, <br /> pitWa County attaches two resolutions regardiug special use permits granted to Mid-Conthlent <br /> Resources long ago. This attempt fails for a number of reasons. The biggest problem is that the <br /> resolutions were directed toward Mid-Continent Resources,Inc. and its use of Coal Basin far coal <br /> 7 <br />