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Resolution H98- ~ • <br />Page 6 <br />jurisdiction, shall consider these standards along with any subsequent statutory or case law in <br />resolving issues of jurisdiction. <br />The parties agree that any challenge to conditions imposed by the County under this <br />permit or modification, other than a challenge to jurisdiction, will be addressed under the "abuse <br />of discretion" standard of C.R.C.P. 106 (a)(4). 'To the extent not provided for in this agreement <br />or under C.R.C.P. 106 (a)(4), the provisions of the Colorado Uniform Arbitration Act, C.R.S. §§ <br />13-22-201, et. seq. shall apply. The record must be certified within thirty (30) days of the initial <br />demand for arbitration, unless an extension is obtained for good cause shown. It is the parties' <br />contemplation [o complete the arbitration process as soon as practicable. The parties <br />contemplate that the arbitrator shall issue a written decision and award concerning the challenge <br />to the Permit and/or modification thereto shortly after all the briefs have been filed. The <br />:;rbitrator may, but is not required [o, hold an oral argument in his or her discretion. <br />The Applicant and the County agree that all attorney's fees, costs and arbitrator fees of <br />this alternative dispute resolution process will be borne by the losing party to [he process. In the <br />event that the challenging party only obtains part, but not all, of the requested relief from the <br />process, the arbitrator will decide on the apportionment of the attorney :ees, costs and arbitrator <br />fees of the arbitration. Judicial enforcement and appeals from the award and decision will be <br />made under the Colorado Uniform Arbitration Act. <br />NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County <br />Commissioners that it hereby converts the five-year special review permit granted in 93-70 to a <br />long-term permit for a duration of twenty-five (25) years subject to annual reviews and subject to <br />the following conditions: <br />CONDITIONS <br />I. This special review permit does not cover prospecting or surface mining <br />operations on Site 2 of [he White Banks mining claim. <br />2. This special review permit approves an operating plan for Site 1 of the White <br />Banks mining claim, based upon representations by Applicant relating to those operations as of <br />the date of his application, through the end of the 2022 operating season. The mining operation <br />shall be subject to an annual review for compliance with conditions of this Permit, as contained <br />within this Resolution, and for any additional conditions which may be required as a result of <br />changes in the operation or other information determined as a result of the annual review. The <br />first annual review before the Pitkin County Board of County Commissioners shall occur no <br />later than one year from the date of the public hearing at which this resolution was adopted, and <br />annually thereafter, at a time and place to be determined, through the end of the 2022 operating <br />season. As required by Land Use Code Section 4-60.40F, the annual review shall take place at a <br />duly noticed public hearing. As required by Land Use Code Section 4-60.40E, Applicant shall <br />submit his statement of compliance with conditions of the permit to the planning director during <br />October, but no later than Octob . ~ 1, of each year. <br />5 S LVI <br />8 of 14 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO <br />