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government level. These issues are non -jurisdictional and should be addressed through the <br />Mesa County permitting process. <br />According to Section 34-32.5-115(4)(d) C.R.S., the Board or Office may deny an application if the <br />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 November 18, 2016, the Division provided notice of the <br />permit application to Mesa County. Mesa County has not indicated any conflict with local <br />zoning, local regulations or the Master Plan for the proposed mine operation. <br />2. Concerns regarding traffic and traffic safety. Concerns regarding road impacts to 31 <br />Road and C Road. <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 Mesa County. <br />These issues are non -jurisdictional and should be addressed through the permitting processes <br />of Mesa County. <br />The Applicant has affirmatively stated that a Special Use Permit, through Mesa County has been <br />pursued. As of the date of this rationale, the Division notes preliminary approval by Mesa <br />County Planning and scheduling before the Mesa County Commissioners for final hearing on <br />March 7, 2017. <br />3. Concerns regarding the concentration of mining operations and the cumulative <br />impacts of multiple mine operations located in close proximity to one another. <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 where ever <br />minable 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 <br />mine. Pursuant to Rule 1.4.1(10), each application is reviewed, and ultimately approved or <br />denied, based on the Applicant's ability to demonstrate the application meets the requirements <br />of the Act and Rules. Concentrations and locations of mining operations are a land use issue <br />that is under the jurisdiction of Mesa County. <br />4. Concerns regarding potential impacts on wildlife. A concrete and asphalt plant will <br />diminish wildlife habitat. <br />On November 18, 2016, the Division provided notice of the application to the Colorado Parks <br />and Wildlife. <br />Page 3 of 4 <br />