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Rationale for Recommendation to Approve <br />Page 13 <br />October 5, 2015 <br />The Act and Rules do not specifically address issues of zoning and land use, impacts to visually <br />appealing landscapes, hours and/or days of operation, noise and sight pollution, and quality of <br />life. Such issues are typically addressed at the local government level and not at the State <br />government level. These issues should be addressed through the Park County permitting <br />process. <br />According to Section 34-32-115(4)(c)(I) C.R.S., the Board or Office may deny an application if <br />the proposed operation is contrary to the laws or regulations of Colorado or the United States, <br />including but not limited to all federal, state, and local permits, licenses, and approvals, as <br />applicable to the specific operation. On April 14, 2015, the Division provided notice of the <br />permit application to Park County. Park County has not indicated any conflict with local zoning, <br />local regulations or the Master Plan for the proposed mine operation. <br />2. Concerns regarding the concentration of mining operations and the cumulative <br />impacts of multiple mine operations located in close proximity to one another. <br />(Erdle, Lucaks) <br />The Act and Rules do not prohibit the concentration of mining operations and their cumulative <br />impacts. Conversely, the Act and Rules anticipate mining operations will locate wherever <br />mineable resources exist. The Act and Rules provide reclamation requirements to ensure <br />affected lands are reclaimed to a beneficial use. The Act and Rules provide performance <br />standards and environmental protection requirements, which apply throughout the life of mine. <br />Pursuant to Rule 1.4.1(10), each application is reviewed, and ultimately approved or denied, <br />based on the Applicant's ability to demonstrate the application meets the requirements of the Act <br />and Rules. <br />3. Concerns regarding dust and air pollution resulting from truck traffic and <br />excavation activity. (Erdle, Lukacs, Schmidt) <br />The Act and Rules do not specifically address air quality issues. Such issues are under the <br />jurisdiction of Park County and the Air Pollution Control Division of the Colorado Department <br />of Public Health and Environment. These issues should be addressed through the permitting <br />process of Park County and the Air Pollution Control Division of the Colorado Department of <br />Public Health and Environment. <br />The Applicant has affirmatively stated that an APEN permit from the Air Pollution Control <br />Division of the Colorado Department of Public Health and Environment, addressing air pollution <br />issues, is being pursued. <br />4. Concerns regarding traffic and traffic safety. (Erdle, Schmidt) <br />The Act and Rules do not specifically address traffic, traffic safety and road impacts for roads <br />located off-site of a mining operation. Such issues are under the jurisdiction of Park County and <br />