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considering the land use impacts of a fully-designed project that has been approved by the <br /> Division of Reclamation, Mining and Safety (the"Division") and the Mined Land Reclamation <br /> Board (the"Board"). <br /> In fact, the Summit County Development Code (the "Code") requires this approach. The Code <br /> permits mining operations in the zoning district for Peak Ranch Resource with approval of a <br /> conditional use permit. See Code § 3812.03(C). The Code further states that it is not intended to <br /> conflict with the Colorado Land Reclamation Act for the Extraction of Construction Materials <br /> (the "Act"), id. § 3812.04, and to achieve this goal it requires that applicants for county mining <br /> permits first obtain approval of a state mining permit from the Division, id. § 3812.04(B)(1)(a). <br /> More specifically, the Code requires that: <br /> All applications for mining. . .permit shall demonstrate compliance with all State and Federal <br /> regulatory schemes applicable to the proposed operation. . . . Such compliance will include: <br /> a. Permit approval from the Colorado Division of Reclamation, Mining and Safety; . . . . <br /> Id. § 3812.04(B)(1)(a) (emphasis added). <br /> This county framework is consistent with the Act. In order to respect the responsibility and <br /> authority of both the Division and Board, and the local Board of County Commissioners, and to <br /> accommodate for local land use approvals, Section 109 of the Act provides that: <br /> The once is responsible for the enforcement of reclamation permits only and has no authorit}� <br /> or duty to enforce other local, state, or federal agency permits. . . .; [and] <br /> The operator shall be responsible for assuring that the ruining operation and the post mining <br /> land use comply with city, town, county, or city and county land use regulations. . . . <br /> C.R.S. §§ 34-32.5-104&-109(3)(emphasis added). The Board's role as it relates to local land use <br /> matters is to provide notice of a mining pen-nit application to the local county: <br /> Upon receipt of an application for a reclamation permit, the board shall provide notice of <br /> such application to all counties in which proposed mining operations are located. . . . <br /> Id. § 34-32.5-109(4). The Board then issues the mining permit where it complies with the Act <br /> and is not contrary to a local ordinance: <br /> In the determination of whether the board. . . shall grant a permit to an operator, the applicant <br /> must comply with the requirements of this article . . . . The board. . . shall not deny a permit <br /> except on one or more of the,following grounds: . . . <br /> (c)Any part of'the proposed mining operation, the reclamation program, or the proposed future <br /> use is contrary to the laws of this article. <br /> (d) The proposed ruining operation, the reclamation program, or the proposed future use is <br /> contrary to the laws and regulations of this state. . . including but not limited to all. . . local <br /> permits, licenses, and approvals. . . . <br /> 2 Greg I ewk*i and Ass"intm MIA' <br />