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Penfield Tate <br />Chris Neumann <br />July 20, 2012 <br />Page 2 of 4 <br />authority, La Plata County regulates the land use impacts of mineral extraction operations. The <br />La Plata County Land Use Code (the "LPLUC ") requires that new development improve existing <br />offsite and onsite roads to a level corresponding to projected impacts. The level of <br />improvement for existing onsite and offsite roads is based on the projected impacts, which <br />corresponds to the number of proposed average daily trips. Therefore, any new development, <br />including mineral extraction operations, must ensure that existing onsite and offsite roads meet <br />the standards identified in the LPLUC. <br />The Colorado Mined Land Reclamation Act (the "MLRA ") does not expressly preempt the <br />County's land use authority. To the contrary, the MLRA expressly states that mining operators <br />are subject to proper application of local government zoning and land use regulations, which was <br />recognized by the Mined Land Reclamation Board. Therefore, the County's proper application <br />of land use regulations is not preempted by the MLRA. <br />The County recognizes that although its land use authority is not expressly preempted by the <br />MLRA, application of specific provisions could create operational conflict. The application of <br />the County's road standards does not create operational conflict with the MLRA. The County's <br />road standards do not impede the State's interests, but instead are reasonable and are harmonious <br />with the State's goal of ensuring mining access roads meet a level of service that protects the <br />health, safety and welfare of the citizens of the State. Thus, the County's road standards for <br />roads internal and external to the Project may be appropriately applied. <br />Variance Procedure, Standards, and Road Construction <br />If a project cannot meet the road standards identified in the LPLUC, the development may still <br />be approved if a variance is obtained. To obtain a variance, an applicant must meet the criteria <br />found in the LPLUC and receive approval from the Board of Adjustment. After receiving a <br />variance the applicant can seek review and approval through the County process provided for in <br />Chapter 82 of the LPLUC. <br />Wildcat may seek a variance from the road standards identified in LPLUC § 74 -91. The County <br />would support a variance to the road standards approved by DRMS if the County receives <br />written confirmation from the DRMS that it reviewed the road on the west side of the La Plata <br />4 LPLUC § 82- 161(c). <br />5 LPLUC § 74- 91(c)(6). <br />6 C.R.S. §§ 34 -32 -101, et seq. <br />C.R.S. § 34- 32- 109(6); C.R.S. § 34- 32- 115(4)(c)(I); and Colorado Mining Association v. Summit County, 199 P.3d <br />718, 729 (Colo. 2009); see also C&MSand & Gravel v. Boulder County, 673 P.2d 1013, 1017 (Colo. App. 1983). . <br />8 See LPLUC § 74-43. <br />9 See LPLUC § 66 -21 — 28. <br />{4900:1500 00012326.DOCX 3} <br />