(1) With respect to a site ineligible for MRLOD status because of its location, gaining co-designation as Mineral Resource Land is not foreclosed, nor is the lawful operation of a surface mine if the applicant for such co-designation or use is able to comply with other development regulations found elsewhere in this title and CCC Title 31, the County’s Comprehensive Plan.

(2) Sites that are ineligible for a MRLOD because of their location but obtain a classification score of at least 100 but less than 150 per CCC 31.02.170 shall be designated as MRL.

(3) Sites that are ineligible for MRLOD status because of their location but score not less than 75 points pursuant to CCC 31.02.170 are shown to have qualities that should encourage mineral extraction and mining should be allowed at that site through issuance of a zoning CUP. The application for a zoning CUP by an applicant having a classification score between 75 and 99 shall not be denied unless the Hearing Examiner concludes there is substantial evidence in the record before the Examiner that the proposal does not meet the zoning CUP criteria found in CCC 33.27.040(1)(a), (b), (c), and (d).