2012-07-23_GENERAL DOCUMENTS - M2012028

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Office of Mined Land Reclamation Board in the Colorado Department of Natural Resources, 34- 32- 105(1) C.R.S. (2008). And that, the Board was granted authority to promulgate standards for Reclamation plans and to promulgate rules and regulation concerning Mined Land Reclamation (34- 32- 106 -108) C.R.S. (2008). The statute also established a permitting program for mining operations. 34 -34- 109 -112, C.R.S. (2008). Thus, the Board is the expert agency established by the Colorado General Assembly to promulgate mining operation permit regulations and Reclamation standards. As such, its expertise includes identifying what is or is not a Reclamation standard. Further, the Colorado Division of Reclamation, Mining, and Safety has the sole and exclusive Jurisdiction to issue a reclamation permit, and to require Reclamation standards, and to require and set a Financial Warranty. And that, no other Government Office of the State, other than the board, nor Political Subdivision of the State shall have authority to require any performance different from those set by the Board. C.R.S. 34 -32- 109(6). Under C.R.S. 34 -32- 109(6), the Colorado General Assembly has made it expressly and distinctly clear that the Mined Land Reclamation Act vests the Board with sole and exclusive authority for Reclamation Permitting, standard setting, and setting of Financial Warranty, by expressly and directly prohibiting any other State Agency and/or Political Subdivision from interfering with the actions of the MLRA Board, as follows: No governmental office of the state, other than the board, nor any political subdivisions of the state shall have the authority to issue reclamation permits pursuant to this article, to require reclamation standards different than those established in this article, or to require any performance or financial warranty of any kind for mining operations. We will proceed to the Public Hearing based upon the Board's exclusive authority. The above statute was confirmed by the expertly written Colorado Supreme Court case entitled, Colorado Mining Association v. Board of County Commissioners of Summit County, No. 07SC497, Jan. 12, 2009, wherein the Court determined the legal issues of the Mined Land Reclamation Act, including the requirements for a DMO permit as follows: "The intent of the act (MLRA) is to foster the extraction of minerals, the RECLAMATION OF MINED LAND, and the protection of human health, welfare, and the environment.". Page 7. (Emp. Add) And that, "It is declared to be the policy of this state that the extraction of minerals and RECLAMATION OF MINED LAND affected by such extraction are both necessary and proper activities. ". Page 7. "It is further declared to be the Policy of this state that both such activities (extraction of minerals and reclamation of land) should be and are compatible." Page 7 -8. (Emp. Added) MTAA LTD, Removal Permit, Page 3 of 10 pages.