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RECEPTION#20190002599, 1/16/2019 11:59:20 AM,3 of 13, <br /> Angela Myers,Clerk& Recorder,Larimer County,CO <br /> Findings and Resolution <br /> Laporte Pit Special Review <br /> Page 3 <br /> 8. Section 4.5.3 of the Land Use Code sets out the criteria by which the Board is to <br /> review and evaluate a requested special review use. The Board has weighed the evidence <br /> presented against these criteria and has found that each of the applicable Special Review <br /> Criteria have been met as follows: <br /> a. The proposed use will be compatible with existing and allowed uses in the <br /> surrounding area and be in harmony with the neighborhood. <br /> At the scale and intensity proposed for the uses and with the additional measures <br /> applicant will put in place to reduce adverse impacts,the Board finds the proposed uses <br /> to be compatible. The Larimer County Land Use Code does not preclude the potential <br /> for mining adjacent to or near residential development. The specific impact of noise and <br /> dust have been raised as concerns by area residents. Setback and distance together with a <br /> 6-foot berm as proposed will be effective measures to mitigate impacts. Applicant has <br /> addressed the impact associated with the timing of the installation/construction of the <br /> berm as well as issues of visibility from adjacent sites and the County Road, hours of <br /> operation and the use of generators to power the plant. Applicant noted that it is working <br /> directly with persons who own property contiguous to the site and is being responsive to <br /> their needs to the greatest extent feasible. The mining will be an interim use in that it will <br /> be concluded in approximately twelve years per the applicant's representations. The <br /> mining will be performed in increments of 20-25 acres to reduce impacts that could occur <br /> from opening and mining the entire area at one time. Applicant testified that all tests <br /> conducted on employees working in similar mines it operates have shown no adverse <br /> health consequences from silica dust. <br /> This proposal has generated significant public comment and input in opposition to <br /> the request. The issues raised are noise, dust, and intensity and appropriateness of the <br /> activity. Also noted by many is the proximity of the mining to the community center of <br /> LaPorte. <br /> The County has approved successful mining operations in proximity to residential <br /> areas; however, diligent operations,management and attention to impacts and community <br /> engagement are critical to create this success. Applicant presented evidence concerning <br /> its practices from other mines it has opened and completed. It showed photographs of <br /> one area previously mined and restored to open area that has proved beneficial to area <br /> residents. Here,post-completion of mining will result in reclaimed pasture land and <br /> some land with development potential. <br /> Letters from applicant(November 13, 2018) and neighbor's counsel (August 6, <br /> 2018) presented information and arguments, both factual and legal. The Board finds the <br /> applicant's letter to be persuasive. <br />