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Steve Brown claimed that the 1988 legislative amendment to the Reclamation Act <br />"decouple[d] county land use planning from the board's [MLRB's] action" with the <br />effect that "this board doesn't have statutory jurisdiction to require the applicant to <br />apply for or obtain Gilpin County special use permits prior to approving the <br />application...." R. 3240-3241, Tr. 363:24-364:4; 364:15-19. See also R. 3275, Tr. <br />398:13-17 (statements by Assistant Attorney General Tyson Powell). This simply <br />cannot be so given the current state of the Rules. <br />Other testimony at the hearing reveals the MLRB's own confusion about the <br />current requirements of the Rules and the Reclamation Act relating to local <br />permitting and relating to the exact contents of the Application as it stood <br />submitted before the Board: <br />MR. NELLIGAN:...That local permit thing <br />bothers me, too, Ira. <br />MR. JAVERNICK: We can't enforce any <br />local regulations. <br />MR. ALT: I guess the open question is, <br />can we require them to define which -which permits <br />they're going to apply for? <br />MR. JAVERNICK: I think I heaxd testimony <br />from Steve Brown that they've done that. <br />MR. PAULIN <br />MR. NELLIGAN <br />I think so. <br />I think so, yeah. <br />zz <br />