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~r <br />• III III'lllll~'lllll • <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS <br />OF PITKIN COUNTY, COLORADO GRANTING A SPECIAL REVIEW PERMIT FOR <br />THI: WHITE BANKS ALABASTER MINE <br />RESOLUTION #98-~ <br />RECIT.~LS <br />1. Robert Congdon, hereinafter "Applicant," previously applied to the Boazd of <br />County Commissioners of Pitkin County, Colorado ("Board") and received a special review <br />approval in Resolution 93-70, to quarry and remove dimensional stone, including alabaster and <br />mazble, from the White Banks Alabaster Mine, on unpatented mining claims located within the <br />boundaries of the White River National Forest. Site 1 and Site 2 of such claims are described in <br />Exhibit A, attached and incorporated by this reference. <br />2. As required by the Pitkin County Land Use Code, Section 3-210.10E.4.b., and 4- <br />60.40C, prior to the expiration of the five-year permit granted by Resolution 93-70, the Applicant <br />submitted a supplemental land use application to convert the short-term permit to a long-term <br />permit for a duration of 25 yeazs. <br />3. In accordance with Section 3-210.10E.4.b., the application is subject to the <br />procedure in Section 4-60. Section 4-60.40D requires two duly noticed public hearings, the first <br />before t a Boazd of County Commissioners to determine whether a new application is necessary, <br />then a second duly-noticed public hearing before the Boazd of County Commissioners,to <br />consider the long-term permit. <br />4. Under the provisions of Section 4-60.40C, the procedures in Section 4-60.40 and <br />the standazds in Section 3-250.110 apply to the conversion of a short-term permit to a long-term <br />permit. <br />•, <br />5. Section 3-250.110, Conversion of Initial, Short-term Permit to Long-..,gym Permit, <br />provides as follows: <br />The Boazd shall consider the degree to which the permittee has <br />complied with all of the terms and special conditions of the initial, <br />short-term permit, citizen comments and changing conditions <br />which may affect the exploration or mining operation. <br />6. Pitkin County asserts that mineral exploration and mining is generally governed <br />by the provisions of Section 3-250 of the Pitkin County Land Use Code, which includes the <br />following with respect to federal and state preemption, in Section 3-250.30: <br />The standards in this section and the requireme:+~ ~ of 4-60.40 and <br />5-130 shall apply to any and all mineral exploration and mining <br />activities on all lands within the County, except to the extent that <br />+~.~.w~ <br />