_GENERAL DOCUMENTS - C1981017 (179)

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Jim Holden Page 2 protect the public from the adverse effects of mining and to as- sure procedures to allow for public participation in the develop- ment and enforcement of standards which apply to mine sites. 55 34-33-102 , C.R. S. ( 1988 ) . There is no question that the reclamation of the Mid-Continent site is for the benefit of the public. The funds from the liquidation plan are earmarked for reclama- tion. These funds are therefore to be used for the public's ben- efit . They come to the Division because of the Division's statu- tory role regarding reclamation of mine sites. Accordingly, these f undo; are public fund;: . See also n 24-101 -102 ( 1) , c. } . : ( 1 ')"i i) . Con:;#'(:ue•nt f y the Procurement Code ' s requlre- mcnts, including bidainy rcyuir _i;i, nts, :gee q 2.1-103-201 , C. R . : must be satisfied when the liquidation funds are dis- bursed to pay for reclamation work . In addition to the Procurement Code provisions, the General As- sembly contemplated in the Colorado Surface Coal Mining Reclama- tion tact that , at this stage of the matter , the Division have control of the funds and of the reclamation of the site, includ- ing being the procuring party to reclamation contracts . The Gen- eral Assembly has given the Mined land Reclamation Board and the Division full power and authority to enforce the coal act. See §q 34 -13-104 and 105 , C. R . S. ( 1988) . The act is to en- sure that reclamation of mine sites is accumplished. Once a per- mit is revoked and the performance bond is forfeited, the act given - u�IoAy of recl ... it . n `. ur, ! P :7i5ion . C'. P. `' . ( 10 • ) . •; h nql r-quire that th,• lii •.• i : ic_,n deposit ,1:1 in! .•l,,araty reclamation ac- count and that the Divisp,n un— th.•_:- : inds for reclamation. See 2 CCP 0V-2 , Rule 3 . 04 . : (4 ) ; s"n also Colo. Const. Art. V, � 3 3 ; N i"- l o i ( l ) , Thus, despite the fact that Mid-Con` inent Resources is still legally liable for any deficiency in the bond proceeds to cover full r - lmmntion, se- e.r, . , . CC Rules 3 . 02 . 1 (4 ) , 302 . 3 , anu . U i . .' { •; ) , "t .,te law establishes the neces- sity for the Division itself to enter contracts to obtain recla- mation services and to meet _Mate procurement and expenditure laws . Therefore, the Division in in the process of preparing in- vitations to bid .and wi l l -W—' (`contracts in accordance with pro- curement laws .