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representatives that they must submit a land use change application <br />• to Gunnison County to address these issues. A public hearing was <br />conducted October 4, 1991; a copy of the minutes of that hearing <br />are attached to this recommendation, and are hereby incorporated <br />into this record. No time limitation on submittal of evidence to <br />this hearing was set by the Commission. This recommendation <br />incorporates by review all submittals and testimony submitted <br />subsequent to the public hearing. <br />(Discussion of the Somerset Mine land use change permits also <br />have been scheduled agenda items at Planning Commission meetings <br />September 20, and October 18, 1991, and January 10 and 24, March <br />20, and April 3, 1992.) <br />A follow-up inspection was conducted by the MLRD December 5, <br />1991. That Coal Inspection Report noted that, though, 'Dusting of <br />the snow was noted adjacent to the state highway, but this did not <br />extend more than 10-15 feet. The roofs of houses that were more <br />than 20 feet from the highway did not appear to have dust on the <br />snow when viewed from the highway. <br />"No problems were noted. This mine is in compliance with the <br />Regulations of the Colorado Mined Land Reclamation Board and with <br />the terms of the permit." <br />Upon verbal counsel by its attorney, the Planning Commission <br />is reviewing the issues of relocation of the coal stockpiles and <br />the unpermitted use of the access road as separate permits (minutes <br />of Planning Commission meeting November 8, 1991). <br />This review and recommendation is solely of the relocation of <br />the coal stockpiles. Separate, and parallel review is occurring on <br />the reclassification of the haul road, as a Major Impact. However, <br />relocation of the stockpiles also affects the access road in that <br />some road realignment/relocation is necessary to accommodate new <br />stockpile location. Public access to the Somerset Cemetery and <br />water tank has historically been this road. At the Planning <br />Commission's April 24 meeting, the proponent indicated willingness <br />to provide continued public access and year-round road maintenance <br />for the life of the mine. <br />WITS LAND IISE POLICIES: <br />GENERAL LAND USE POLICIES: <br />1. Prevent developments requiring aigaificant expenditures of <br />public funds. <br />No conflict. There will be no public funds expended for this <br />activity. <br />2. Encourage development which will utilize existing sewer and <br />• 4 <br />