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13.D.2. ADDITION To MARCH 4.2008 BCCAcENDA <br />Commissioner O'Bryan informed the Board that he had received an e-mail from <br />Bob Adair on February 29, 2008, (copy on file) which revealed that Senator Bennett had filed <br />Senate Bill 2406 relating to aggregate mining. He told how the bill prohibits local governments <br />from enacting or enforcing any ordinance, resolution, regulation, rule, policy, or other action that <br />prohibits or prevents the construction or operation of a limestone mine. He felt this would preempt <br />any local regulatory authority on mining applications, and requested the Board authorize the <br />County Attorney to draft a Resolution opposing this Bill, then bring it back to the Board for <br />discussion. <br />ON MOTION by Commissioner O'Bryan, SECONDED by <br />Chairman Bowden, the Board unanimously authorized the <br />County Attorney to draft a Resolution strongly opposing <br />Senate Bill 2406 related to aggregate mining, as <br />recommended in the memorandum of March 3, 2008. <br />Attorney Collins said the Senate Bill would preempt limestone mining but because <br />he did not think limestone is in this County he did not feel it would affect us. He indicated that the <br />first resolution that the County had passed this year was a resolution opposing State preemption <br />over mining for construction aggregate materials. The resolution resolved that local governments <br />should continue to have ultimate permitting authority over mining of construction and aggregate <br />materials, and that the Board is supposed to state preemption of aggregate mining regulations. He <br />confirmed that this was done on January 8, 2008, and revealed that the only change would be to <br />make specific reference to SB 2406, which may not apply unless there is limestone in the County. <br />33 <br />March 4, 2008 <br />