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LEAVEN WORTH & LOCHHEAD, P.C. <br />a ~ <br />Don DeFord, Esq. <br />Page 5 <br />February 15, 1991 <br />Given these facts, it is the position of Eastside Coal that: (1) All mining operations on <br />the Eldridge property have been operating legally under the Garfield County 'toning Resolulic+n <br />as apre-existing non-conforming use. The level oC production allowable on this basis is 70(10 <br />tons per year, since this is the level to which the County has acquiesced in the use of the <br />property. Eastside Coal Company would agree that the mine cannot operate at any greater levels <br />of operation without a special use permit. (2} A special use permit allowing any expanded levels <br />of operation has never issued, since the terms of Resolution No. 85-42, concerning a road <br />agreement have not yet been satisfied. However, th;it Resolution remains in fill force and effect <br />(there being no time deadlines attached to it), and a special use permit can still issue office a road <br />agreement has been finalized. <br />At this point in time, Eastside Coal has not yet determined whether it will seek the <br />issuance of a special use permit pursuant to Resolution No. 85-42, whether it will apply for a <br />new special use permit pursuant to the existing regulations, or whether it will apply for a new <br />special use permit under the new regulations proposed to be adopted by the County. It is tl~e <br />intent of this letter to set forth sufficient factual documentation for the County to confirm that <br />for existing levels of coal production (up to 7000 tons per year), mining operations on the <br />Eldridge property constitute a valid pre-existing non-conforming use, and shat such operations <br />may continue without any further land use approvals from the County: This positii~n is fully <br />consistent with the previous position of the County concerning the valid pre-existing non- <br />conCorminguse of the property with the express terms of Resolution No. 85-42 and wish relevant <br />law. <br />I would be pleased to provide you with further documentation concerning the history of <br />mining operations on the Eldridge property. I would also be pleased to discuss with you or <br />provide you with a letter setting forth the legal basis of our position. Please give me a call to <br />discuss this in more detail. <br />Very truly yours, <br />LEAVENWORTH & LOCFIHEAD, P.C. <br />~~ <br />Ja yes S. hhead <br />1SL:rln <br />Enclosures <br />cc: Stephen Self <br />o[ruann.a~.r <br />