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., <br />.~ - • ~ j <br />Reception H: ~,2~Da to/Time: ~ d ~7 / //•~l~~ll(J Fees: ~CJ <br />Michelle Olin, County Clerk & Recorder, Ouray Colorado Page L of 2- <br />STATE OF COLORADO ) <br />SS. <br />COUNTY OF OURAY ) <br />At a regular meeting of the Board of County Commissioners for Ouray County, Colorado, held at the <br />Courthouse in Ouray County on Monday, the 12th day of.May, A.D. 1997, there were prescnC <br />Jne Mattivi, Chairman Received <br />Alan Staehle, Commissioner <br />Frank Hodsoll, Commissioner OCT 2 6 <br />Michael Hockersmith, County Attorney ~q98 <br />Judy Wolford, Deputy <br />when the following proceedings, among others, were had and done, to-wit: ~~ODn ~~ Id ~tC6 <br />als 8 GeofopY <br />WHEREAS, the owners of the land for which the permit is requested are Richard G. Zanett and <br />Pete Klein; and <br />WHERF,AS, application was made to the Board of County Commissioners by ZMK Mine <br />Construction, Inc., for a Special Use Permit to allow a sand and gravel operation with screening, washing <br />and storage of materials on certain real property located in Ouray County, Colorado, described as the <br />NW I/4SW I/4, Section 2, Township 44, Range 8 West, N.M.P.M.; and <br />WHEREAS, the subject application has been found to be in proper form; and <br />WHEREAS, the Board hereby finds that the proposed use has existed for the past five (5) years <br />with no major complaints from the surrounding property owners; and <br />WHEREAS, the Board is desirous of approving the application, with conditions, which approval <br />is based upon the Ouray County Land Use Code. The Board finds that the proposed use is compatible with <br />existing uses in the nieghborhood and the requirements of the Ouray County Land Use Code provided that <br />the following conditions are imposed and complied with by the Applicant. <br />NOW, THEREFORE, THE SUBJECT APPLICATION FOR SPECIAL <br />USE PERMIT FOR A SAND AND GRAVEL OPERATION IS HEREBY <br />APPROVED WITH THE FOLLOWING CONDITIONS: <br />l he permit is issued to 7MK Mine Construction, Inc., Richard G. Zanett and Pete Klein. <br />2. All representations contained in the Special Use Permit application shall be conditions of <br />approval and will be complied with. <br />3. Stockpiling of a maximum of 5,000 cubic yards shall be allowed on site with no single <br />stockpile exceeding the height of 20' and extraction shall not exceed 45,000 cubic yards of material in any <br />calendar year. <br />4. 'fhe operation under this Special Use Permit shall be limited to the hours of 7:00 a.m. to <br />5:00 p.m., on normal work days, provided that the operator will not allow any trucks to go south from the <br />operation site prior to 8:00 a.m. The term "normal work days" excludes Saturdays, Sundays, and legal <br />holidays recognized by Ouray County. <br />5. At all times Ilse Applicant/Operator stroll keep in full Corce and effect all applicable state <br />and federal permits. This permit is issued subject to Applicant/Operator complying with all conditions as <br />stipulated by the Colorado Mined band Reclamation Division (CMLRD), including, but not limited to, <br />those conditions as set out in MI.RU decision letter dated March 20, 1992, regarding File No. M-91-146, <br />ZMK Gravel Pit. <br />G. If the Board determines that there has been a violation of the terms of this Special Use <br />Permit, the Applicant/Operatorwitl have 72 hours after written notice to correct said violation. Unless said <br />violation is corrected to the Board's satisfaction, operations under this Special Use Permit will be <br />suspended until the violation is corrected. <br />7. Due to the addition of a screening process, that was not allowed by the previous permit, <br />the Board shall require a 90-day review that will commence the day the applicant begins the screening <br />material. This review shall determine i(substantial noise or other objectionable influences are created <br />beyond the boundaries of the property. If substantial noise or other objectionable influences are created <br />beyond the boundaries of the properly, the Board shall require a mitigation plan to be submitted. If the <br />