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<br /> <br />developed. Since the County has neither zoned out this <br />use nor adopted rules regarding the conditions of its us <br />a use allowable as a matter of right without restriction <br />regulated by State Law. The Court has found in C&M Sand <br />v. Board of County Commissioners, 673 P.2d 1031, that ne <br />Preservation Act, C.R.S. 34-1-301 et.seq. nor the Reclam <br />C.R.S. 34-32-101 et.seq., preempted the Counties from es <br />standard criterias or rules and regulations to control m <br />extraction. However, since La Plata County has not adoo! <br />ordinance, resolution, rule or regulation other than to c <br />mineral extraction under Category One then the Reclamatic <br />applies. <br />The Reclamation Act under C.R.S. 31-32-115(4) states <br />Land Reclamation Board shall grant a permit to an ooerar <br />application complies ~.aith the requirements of the act an <br />applicable local, state and federal laws. The board sha <br />a permit except for one or more of the following reasons <br />Thereafter several reasons are set forth, but the only a <br />one for consideration by the County Commissioners in the <br />is: <br />permitted <br />it becomes <br />except as <br />and Gravel <br />.they the <br />ition Act, <br />:ablishinq <br />neral <br />:ed any <br />~1ace a <br />~n Act <br />*_hat the <br />r i f the <br />all <br />L not deny <br />olicable <br />instancy <br />(e) A mining operation that would be in violation o <br />any... County zoning or subdivision regulations coot ary to <br />any master plan for extraction adopted pursuant to C R.S. <br />34-1-304. <br />Since 39-1-309 does not apply to nonpooulous counties (i e., <br />counties with less than 65,000 people) pursuant to Hudso th v. 2oard <br />of County Commissioners, 667 P.2d 775 (1983), and since here is no <br />County zoning ordinance then the only item to look at wo ld be <br />whether or not this mining operation would be in violate n of a <br />subdivision regulation of La Plata County. <br />If this Board were to deny this application it would <br />so on the basis that the proposed mining operation would <br />violation of one of La Plata County's subdivision regula <br />order to give the Colorado Mined Land Reclamation Board <br />likewise deny the application. Since there are no subdi <br />regulations to violate, it would be arbitrary and capric <br />such approval and a denial of applicant's property witho <br />process of law, Reynolds v. City Council of Longmont, 6fl <br />(1984). <br />The applicant did not object to the procedures setfor <br />Commissioners at their February 17, 1987 hearing regardin <br />procedural rule that no cross-examination be allowed of a <br />witnesses or any other of the written documentation that <br />or to be filed subsequent to the hearing. Nonetheless it <br />applicant's position that due process requirements found <br />quasi-judicial hearings may not have been met. The apple <br />cognizant of the fact that such a cross-examination could <br />prolong a hearing in order for this Commission to come to <br />decision. Consequently, the applicant would urge the Cor <br />nave to do <br />be in <br />ions in <br />basis to <br />ision <br />pus to deny <br />t due <br />P.2d 1350 <br />th by the <br />g the <br />ny of the <br />was filed <br />is the <br />in - <br />cant is <br />unduly <br />a <br />emission to <br />4 <br />