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2. Encourage needed residential development. <br />• Not applicable. <br />3. Encourage residential development near existing residential <br />areas. <br />Not applicable. <br />4. Prevent subjecting residential use to undue noise, duet, <br />fumes, et.al. <br />Possible conflict. As cited above, failure to adhere to <br />conditions outlined by the proponent in 'Mitigation Procedures", <br />and in this and other permits will allow elements of the operation <br />to adversely affect nearby residential areas. The intent of this <br />relocation is, in fact, a mitigation in itself. <br />FINDINGS: <br />1. The Gunnison County Land Use Resolution states as policy <br />that permitted land uses must not substantially conflict with the <br />policies, guidelines and specifications of Article 2 of the <br />Resolution. The Commission finds that permits issued and <br />regulations imposed by regulatory agencies other than Gunnison <br />County, may assist in mitigating those conflicts, and so cause a <br />land use to be in compliance with the County's Resolution. <br />• 2. The Colorado Mined Land Reclamation Board determined that <br />mine operations need not cease because it found no evidence that <br />coal hauling activity created an imminent danger to health or <br />safety of the public. The Planning Commission has considered and <br />evaluated this determination, but does not rely on it exclusively, <br />or to the exclusion of other evidence. <br />3. The Commission finds that in order for this permit to <br />remain valid, Somerset Mining Co. must remain in compliance with <br />the MLRD coal mining and reclamation permit, with the CDH air <br />emissions permit, and with any and/or other applicable permits. <br />4. Gunnison County has historically required extraction <br />operations to secure a County land use change permit or permit <br />amendment when the Mined Land Reclamation Division required that a <br />new MLRD permit be obtained, or a technical revision be <br />accomplished for an existing permit. Operation of the Somerset <br />Mine commenced before the adoption of the Gunnison County Land Use <br />Resolution (May 16, 1977). Relocation of the coal stockpiles, <br />however, alters that layout of the operation as it existed in 1977, <br />and as defined in the plan approved by the County in 1990. This <br />change, then, requires this present County permit review process. <br />. 5. The Commission finds that relocation of coal stockpile <br />8 <br />