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<br />DpRSEY & WHITNEY LLP <br />Division of Minerals and Geology <br />June lb, 2000 <br />Page 2 <br />However, other provisions of the reclamation laws also apply to any permit application. <br />Colorado Srate Bd. of land Commissioners, at 986, says that 32-]09(6) prohibits the Board from <br />granting a permit if the applicant is in violation of local law. The pazallel statute, 32.5-109(3) is <br />identical, and also prohibits the Boazd from granting a permit where the applicant is in violation <br />of Iota] law. Both Articles contain the following sentence: <br />The operator shall be responsible for assuring that the mining operation .. . <br />complies with city, town, county, or city and county land use regulations and any <br />master plan for extraction ... unless a prior declaration of intent to change or <br />waive the prohibition is obtained .. . <br />L.aFarge has not complied with the county land use regulations because it has not obtained a <br />conditional use permit or a waiver from Adams County. In this situation, the Board may rieny <br />the application under 32.5-115, and is prohibited from granting the application under 32.5-109(3) <br />by the rule of Colorado state Bd of land Commissioners. <br />Stated differently, the Boazd would not be upholding the statute's intent to "protest and <br />promote the health, safety and general welfaze of the people" by granting LaFazge's permit in <br />absence of the required conditional use permit from Adams County. <br />Therefore, the Board should exercise its authority under 32.5-115 and deny LaFarge's <br />application. <br />Thank you for your consideration of this matter. <br />Very tru , <br />Robert A. Bassett <br />cc: Pinnacle Pines LLC <br />Lafarge Corp. <br />Tuttle Applegate <br />Commerce City <br />Adams County <br />@,~as <br />Rocky Mountain Mutual Housing <br />Gary Williams Energy <br />Attorney General's Of£ce <br />