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<br />Resolution No. 1979-x-22 (b)
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<br />RESOLUTION CONCERNED WITH THE GRANTING OF A SPECIAL USE PERMIT (MINERAL
<br />EXTRACTIVE OPERATIONSJOPEN-CUT COAL MINING) TO A TRACT OF LAND IN SECTIONS
<br />7 b 18, TOWNSHIP 9 NORTH, RANGE 78 WEST OF THE SIXTH PRINCIPAL MERIDIAN, JACKSON
<br />COUNTY, COLORADO
<br />WHEREAS, pursuant to the Jackson County Zoning Resolution, this Board has
<br />received an application for a Special Use Permit (Mineral Extractive Operations/
<br />Open-Cut Coal Mining) from Flatiron Paving Company for the following described tract
<br />of land located in Jackson County, Colorado, to-wit:
<br />S'~ of the SEA of Section 7 and the N'~ of the NE's of Section 18,
<br />Township 9 North, Range 78 West, of the Sixth Principal Meridian,
<br />County of Jackson, State of Colorado, together with all necessary
<br />haul roads.
<br />WHEREAS, pursuant to proper public notice, a public hearing was held in accordance
<br />with the provisions of the Jackson County Zoning Resolution regarding said application
<br />on the 13th day of August, 1979, and
<br />WHEREAS, said applicant has indicated that it will conduct its operations in
<br />accordance with applicant's Exhibit A, as amended, submitted and introduced into
<br />evidence at the aforementioned public hearing.
<br />WHEREAS, this Board has determined that the granting of said Special Use Permit
<br />will have no adverse effect on the Jackson County Zoning Resolution, Jackson County
<br />Comprehensive Master Plan and/or the public safety of the residents of Jackson County,
<br />provided that certain conditions are complied with, and
<br />WHEREAS, said applicant has indicated through documents submitted to this Board
<br />and through testimony at public hearing that it is the applicant's intent to conduct
<br />open-cut coal mining operations onal3mited area, hereinafter referred to as the
<br />"Affected Lands", not to exceed One Hundred and Twenty (120) acres, together with
<br />all necessary haul roads within the above-described tract of land at any one point
<br />in time, and
<br />WHEREAS, this Board has determined that the proposed mining operations which
<br />would occur through said Special Use Permit would result in a substantial increase
<br />in vehicular traffic on Jackson County Roads 10 and 19, and that such increase
<br />may endanger the public safety, and
<br />WHEREAS, applicant has testified at the public hearing and has indicated at
<br />other various meetings with this Board that it intends to be responsible for any
<br />repair and/or maintenance on Jackson County Roads 10 and 19 necessitated by said
<br />increase in vehicular traffic, and
<br />WHEREAS, this Board has determined that the proposed mining operations will
<br />be located in and/or adjacent to identified critical wildlife areas as recognized
<br />by the Jackson County Zoning Resolution, and
<br />WHEREAS, applicant has testified at the public hearing and stated at other
<br />various meetings with this Board that it intends to do whatever is necessary to
<br />~r protect any identified critical wildlife areas that may be affected by said proposed
<br />~C mining operations, and reduce any risk of harm to the existing sage grouse population
<br />utilizing the Denmark strutting ground, and
<br />WHEREAS, applicant has stated that it is willing and desires to discuss various
<br />procedures regarding fronC-end financing in an effort to minimize the social and
<br />economic impact of said proposed mining operations on the Town of Walden, County of
<br />Jackson, State of Colorado, and all residents of Jackson County, and
<br />WHEREAS, this Board has determined that the public safety and welfare requires
<br />the termination of the Special Use Permit provided herein upon cessation or failure
<br />of commercial production for a period of one (1) year.
<br />NOW, THEREFORE, BE IT RESOLVED, that a Special Use Permit (Mineral Extractive
<br />Operations/Open-Cut Coal Mining) be and hereby is granted for the above-described
<br />tract of land, subject to the following conditions and restrictions:
<br />1. That operations not begin under said permit until a bond or other security
<br />in an amount sufficient for the State of Colorado, is furnished to the State of
<br />Colorado, and/or the Colorado Mined Land Reclamation Board, conditioning and securing
<br />the performance of all reclamation obligations as required by law.
<br />2. That vehicular traffic operating to and from the subject property comply
<br />with the traffic pattern described in applicant's Exhibit P:, as amended, and the
<br />testimony relating thereto presented at the public hearing. Said traffic has been
<br />found to be of general public concern and control over said traffic is necessary
<br />for the public safety of the residents of Jackson County; consequently, this Board
<br />retains the right to review said traffic pattern and, if necessary, designate a
<br />different traffic pattern or a route pursuant to a proper public hearing.
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