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. ~ ~ i Commission Deering stated that all data has been read and reviewed by the 5 i;ounty Commissioners. Also all data has been duplicated for th applicant, his attorney, the ot}.er side and their attorney. He furt).er stated at all briefs have 7 been read 1n detail, as well as our own staff briefs. Commissio r Deering called for the pleasure of tt,e Board, 9 Category I Final Action (#86-210) - Dillon - Willow B d Pit 11 Commissioner Brennan stated the Commissioners k.ave t.e rd much testimony in 13 favor and against granting land use approval for t2~e Willow Ben Sand Pit and have 15 received written argwnents from both attorneys as well as readin all correspondence from the public. Based on t),is testimony, subject to certain c ditions, I move 17 approval of t)~is land use for the following reasons: Mr. Dillon' application to the MLRB iMined rand Reclamation Board) indicates that the total off cted area is i9 approximately 6 acres. He and hie attorney }.ave stated that },e ould only mine one to one and a }calf acres. He would extract under 5,000 tons (sic of sand per year 21 which would be loaded onto 10 - 12 yard dtunp trucks. Equipment, which he has stated he would use consists of only one medium size front-end loader w t?i rubber tires and 2~ only one thick at a time would be on the site. He }gas agreed to no more than five ~; trips per day, operating only in daylig}~t hours from 7s30 a.m. t 6:30 p.m. - N.onday 25 t~,roug}~ Saturday. Sand will be mined only during low water wit): no equipment being stored on the site wt.en not in operation and no crushing activit He }.as agreed 27 that no permanent or temporary structures are to be located on ie property. Mr. Dillon would k.ave to obtain an Access Permit from the State High ay Department, 29 which would be tl,e only access. No activity whatever would be a lowed to take place in the River itself since this would require an Army Corps of En sneers 404 Permit. 31 Wit)i tY~e proximity of t).e neighbors, t},e noise impact will be ad ressed by use of mufflers on equipment and dust impact by graveling the access ro d. Complete revic+w 33 of t},e project will be every two years. Any approval of this pr posed sand pit operation must be conditional upon the operator's compliance wi , t},e terms and 35 conditions outlined as I }gave just stated for it to be compatibl with the surrounding area. Provisions shall be made for enforcement of t ose terms anfl 37 conditions. Should any violation occur, they will be investigat d by tk.e Staff and roferred to t},e Board of County Commissioners. Applicant will b given 10 days to 39 correct the problem. If tt.is is not done, t7~e Board of County C mmissioners will set a Public Hearing for revocation oP land use approval and the MLRB will be 41 notified immediately. County staff is to be directed to develop a written resolution setting fortk~ the Board's decision in this matter wi appropriate 43 findings consistent with tt,is motion. T},e Board will approve th s resolution one week from today. 45 Commissioner Roth added }pis comments to the motion sta inq t}.at on Sundays -~ no work would be allowed, one truck and one loader is all tl.e a ipment that will be at the site, all equipment shall be mufflered for noise control, dust control will meet with the State Board of Health and the access road will be raveled and if the gravel is dusty they will have to water 1.t. Tt,e one truck, not t exceed five loads 51 Per day, the 1 to l~ acre site to be mined is in the sandbar on a west side of the River - no working in the water, no equipment left in site when of working in the 53 sandbar. Any violation of the land use will be corrected in 10 ys and if not corrected, the matter will be set for a Public xearinq of revoca ion of the land use 55 Provisions. 3-10-87 9