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nRxc,r.n x r~orzl•r::rz t8r. llavid Shelton May 8, 1981 Page Five land use plan. CRS 34-33-114(2)(d) prohibits t},e granting of a permit which will conflict with a designation of unsuitability. 'Ptre Division should defer its decision pending outcome of the county's Petition. CRS 34-33- 126(4) provides that areas under a permit issued by the Uivisior, are nut sub3ect to designation of unsuitability. Thus if the Division were to approve I7estern Fuels' appli- cation before the county has acted, the county would be deprived of its remedies under CkS 34-33-126. The Petition for Unsuitability will be rendered moot if adequate mitigating measures are included in plans for the Deserado Mine. Unless the Division defers its decision, it will force the county to press its Petition, whereas if the Uivision wittrholds its decision, it will allow an opportunity for the county to advise the Division on rnitiyatiny measures wtrictr will bring plans for the mine into conformity with the county master plan, The Colorado legislative surface: miuiny clearly requires decision until the County has a Surface Cual t•;ininy Reclamation Colorado Mined Land 1eclamation ioine curnplianue witn local land scheme for regulating tl,e Division to defer its ~teci. [3ot1, the Colorado Act (Coal Act) and the Act (t7on-Coal Act) require use plans.*/ Their */ `ihe predecessor to these statutes was the Colorado open h;ininy keclamation Act of 1973, which provided, at CRS 34-32-1U9 t}rat ". the department shall not grant a permit ir, violation of city, town, county, or city and county zonirry arrd subdivision reyuiremerrts." The Uivision interpreted this wording as requiring local government approval before the Uivision could issue a mining permit. All al~plicatrts for such permits were required to subr~tit a letter from the local yovernrnent specifying conformance with existing zoning. There is no indication in the new surfacu raining laws that they were meant to disrupt this established and rational order of reviewing proposals for resource. extraction.