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Four State Aggregates LLC and Landowner Duvall Truelsen <br />'riic,t, Impact Permit No. 385 <br />n„ae <br />~,i~rropriate balance between the protection of private property rghts, priv.ate~ <br />p~Uf;crty valuea, and the cost effective provision of public services and facil ties. <br />"fhe Comprehensive Plan and the Land Use Code that resulted were developed <br />n the sprit of people working together to resolve land use issues, rattier tFi<~n <br />tal:.;i~g hard line positions. It is this framework that must guide C:o,anty land u:;~~ <br />de;c.isions. <br />ll•~e property involved in this matter is unzoned per Section 3312.4 of ti~•a <br />f•Aontczuma County Land Use Code. However, the gravel miriiny project in <br />question is a High tmpact Development under Section 2401.4. and Section <br />2205.? of said Land Use Code. Therefore, a High Impact Permit is rey~air=d <br />because the proposed change in land use exceeds traffic, noise and dust <br />1 hreshold Standards, Sections 2204 and 1202 of said Code. <br />lr,e Montezuma County Board of Commissioners must render its decasion <br />pursuant to Section 2205.5 of said Land Use Code which provides in part as <br />fC%li!)`NS: <br />"l3. Tt)e proposed use shall not generate any significant ;adverse iml)crcis <br />on other property in the area and is consistent with this Code" and <br />"t:). If the applicant fails to meet these decision criteria, the permit sl~~,ll <br />either be approved with conditions, insuring compliance with the de~::ision <br />criteria, or it shall be denied." <br />Under the High Impact Permitting process, a Mitigation Plan is required including: <br />F'tans for mitigating conditions that exceed threshold standards during its <br />construction and operation, [and} ...For controlling, restoring, and remed anon <br />of any impa<:ts that will continue after the construction and/or operalion .;,f I.h,e <br />change in land use is complete." (2205.2) <br />The Board of County Commissioners has heard and recognizes the concerns <br />arZd issues raised by opponents of the Four States Aggrec3~3t:es, LLC; artcl <br />I_ando~a~ner Duvall Truelsen Line Camp Permit. However, the: Commis~s~or~ <br />believes that: any significant, adverse impact shall be mitigated and the ~,uwel <br />ni~niny operation can co-exist in this agriculturaVresidential area based an the <br />rc;ilowmg conditions, which in addition to the High Impact Permit application arrd <br />;mitigation plans submitted by the applicant, become part of the: High tmpact <br />t=~ermit issued to Four States Aggregates, LLC and Landowner Duvall Truel.er~: <br />1) The permit shall be based on a five year operational perirxi starting 3t tl1e~ <br />time a State recognized permit is issued by the St:3fe~ Mined t..eu)d <br />Reclamation Board. <br />