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;~ • • <br />- ,Resolution #98- ~Q~ <br />' Page 2 <br />any specific regulation is preempted by Federal or State law. In <br />making a determination whether Federal or State law preempts <br />enforcement of these requirements, the Board of County <br />Commissioners shall be guided by the factors in this section. <br />A. The Board may require a County development permit to be <br />obtained for federally approved activities on Federal lands, <br />including unpatented mining claims, provided the purpose of the <br />review is to impose conditions for [he protection of [he public <br />health, safety, welfare and the environment. <br />B. Patented lands are to be treated as any other private <br />property and are not subject to the preemption of Federal mining <br />laws. Mining on private lands shall be subject to the use <br />limitations imposed by this Code without regard to Federal <br />preemption. <br />C. Where mineral exploration or mining activities are <br />approved by the Board of County Commissioners, reasonable <br />conditions may be imposed on such activities for the protection of <br />the public health, safety, welfare and the environment. (Ord. 95-3 <br />(part), 1995: prior Coda § 3-2403) <br />7. Applicant and the Board have been engaged in litigation since 1992, Pitkin <br />County District Court Case Civil Action 92 CV 147, and one of the issues in that litigation has <br />been the extent of the County's jurisdiction to impose conditions on the operation of mines on an <br />unpatented mining claim located on United States Forest Service property. <br />8. With respect to the environmental issues over which the County asserts <br />jurisdiction, the Pitkin County Land Use Code provides, in Section 3-250.50, Environmental <br />Protection, as follows: <br />Mineral exploration, mining, sand and gravel pits, rock crushers, <br />concrete batch plants and asphalt hot-mix plants, oil and gas <br />drilling, surface mining, open pit mining and subsurface mining <br />shall comply with the standards in this section. <br />A. Damage or nuisance resulting from noise, smoke, odor, <br />dust, vibration or erosion is prohibited. <br />B. Dust produced by mechanical operation, trucking or road <br />conditions must be controlled. <br />C. Permittees shall maintain private and public roads in a <br />reasonable dust-free condition. <br />27/ J <br />o ..e ~e a 0.00 D 0.00 N 0.00 PITKIN COUNTY CO <br />