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<br />ARNULll K J'O i{'l'L: !{ <br />t1r. David Steelton <br />bray 8, 1981 <br />Page Six <br />reyuirerr~el)ts clearly coreternplate local government approval <br />before the state can issue a mining permit. <br />Tl,e Non-Coal Act reyuires that the granting of a <br />permit shall be based upon local government approval: <br />The board shall not grant a permit <br />for a new Joinin5 operation if tlee opera- <br />tor's reclamation plan for an area is <br />inco»siste)et with an adopted plan by any <br />county, cit} and county, city or town <br />ur)less a prior declaration of intent to <br />cteanye or waive the prohibition is ob- <br />tained by the applicant from the affected <br />guverr,mel,t subdivision. CRS 34-32-109 <br />(emphasis added). <br />Regulation 9.1 under tlee IJon-Coal Act provides that local <br />governr.,ent approval wust be obtained before a state n'~ining <br />pe rn,it can be issued. <br />The Coal Act- likewise reyuires tieat proposed mines <br />be consistent with local land use controls. The Act re- <br />yuires tleat permit approval be based on "a complete per)nit <br />application, including a reclamation plan." One of the <br />requirements of the reclamation plan as stated in CRS 34- <br />33-111 is: <br />Lach reclamation plan submitted as <br />part of a l~ern~it application pursuant to <br />this article shall include, in the degree <br />of detail necessary to demonstrate that <br />reclamation required by this article can <br />be accomplished, a statement of: <br />. (h) The consideration which has <br />