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.. <br />..._ :: _-. :1' :i ~ ?.Dh11t[ F=.:; h19. ?1[i '~F° $~~7 <br />Fhur State Aygregates LLC and Landowner buvaN Truelsen <br />'ri+yl~ Impact Perm+t No. 385 <br />Page 2 <br />2npropriate balance between the protectioh of private property rights, private <br />prupsrty values, and the cost effective provision of public services and tacit tins. <br />-Che Comprehensive flan and the Land Use Code that r85Ulted were develnpe~i <br />in the spirit of people working together to resolve land use issues, rather than <br />taking hard line positions. {t is this framework that must guide County lane! tise <br />decisions. <br />The property involved in ibis matter is unzoned per Section 3312.1 of thg <br />Montezuma County Land Use Code. Wowever, the gravel mininy project in <br />duestion is a High tmpact Development under Section 2101.4 and SE+cfian <br />2?_05.3 of said Land Use Code. Therefore, a Nigh Impact permit is required <br />b e:;aUSP. the proposed Change in land use exceeds traffic, noise and riust , <br />~ hreshold Standards, Sections 2204 and 1202 of said Code. <br />',I~e Maniezutna County Board of Commissioners must render its d9C.isioh <br />pursuant io Section 2205.5 of said Land Use Cade which provices ih part as <br />frdiows: <br />"t3. The proposed use shall not generate any significant adverse impE c;is <br />an other property in the area and is consistent with this Code" 2nd <br />"D. If the applicant fails to meet these decision criteria, the permit sh~Jl <br />either be approved with conditions, insuring compliance with the decision <br />criteria, or it shall be denied." <br />Under the High Impact Permitting pfocess, 8 Mitigation Plan is required including: <br />°Plar,s for mlttg2ting conditions that exceed threshold standards during Its <br />construction and operation, [arid) ... Por controlling, restoring, and reined ation <br />of any impacts that will continue after the construction andlor operation of the <br />change in land use is complete." (2205.2) ' <br />~('he t3oard of County Commissioners has heard and reoagnizes th4 concerns <br />and issues raised by opponents of the Four States Aggregates, LI.C and <br />Landowner Duvall Truelsen Line Camp Permit, However, 1hE~ Commission <br />believes that any significant, adverse impact shat{ be mitigated end the !gravel <br />mining operation can cn-exist in this agricutturai/residential area based on tho <br />following conditions, which in addition to the High Impact Permit application and <br />:mitigation plans submitted by the applicant, become part of the Nigh tmpact <br />i''ercnit Issued to Four States Aggregates, LLC and Landowner Duvall Truelsen; <br />11 The permit shall be based on a five year operational period s~aHing 3t the <br />time a State recogntzed permit is issued by the State Mined Land <br />t2eclamation Board. <br /> <br />EO!-d Bl9/E50'd 05E-1 855E998E9E S37a(10E3a 1YilfIlVN 100~'i08d 511.1 EU9Z-1'0-030 <br />