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. '-k <br /> <br /> ,. Resolution No. 1980-iii-31(b) <br /> RESOLUTION CONCERNED WITH THE GRANTING OF A SPECIAL USE PERMIT <br /> (MINERAL EXTRACTIVE OPERATIONS/OPEN-CUT COAL MINING) TO A TRACT <br /> OF LAND IN SECTIONS 10 AND 11, TOWNSHIP 8 NORTH, RANGE 78 WEST <br /> OF THE 6TH PRINCIPAL MERIDIAN, JACKSON COUNTY, COLORADO <br /> WHEREAS, pursuant to the Jackson County Zoning Resolution, this <br /> Board has received an application for a Special Use Permit (Mineral <br /> Extractive Operations/Open-Cut Coal Paining) from Wyoming Fuel Company <br /> for~[he following described trace of Land located in Jackson County, <br /> Colorado, to-wit: <br /> SE 1/4 of the NE 1/4 of the NE 1/4 of Section L0, and the <br /> W 1/2 of the NW 1/4 of Section 11, Township 8 North, <br /> Range 78 West, of the 6th Principal Meridian, Jackson <br /> County, Colorado. <br /> WHEREAS, pursuant to proper public notice, a public hearing was <br /> held in accordance with the provisions of the Jackson County Zoning <br /> Resolution regarding said application on the 13th day of March, 1980, <br /> and, <br /> ' WHEREAS, said applicant has indicated that it will conduct its <br /> operations in accordance with applicant's Exhibits L and 1-A, as <br /> amended, submitted and introduced into evidence at the aforementioned <br /> ( public hearing, and, <br />I `. <br /> WHEREAS, this Board has determined that the granting of said <br /> Special Use Permit will have no adverse effect on the Jackson County <br /> Zoning Resolution, Jackson County Comprehensive Master Plan and/or <br /> public safety of the residents of Jackson County, provided that <br />• certain conditions are complied with, and, <br />~ <br /> I <br />WtiE REAS, this Board has de [ermined that the proposed mining <br /> operations will be located in and/or adjacent to identified critical <br /> wildlife areas as recognized by the Jackson County Zoning Resolution, <br /> and, <br /> WHEREAS, this Board has determined that [he public safety and <br /> welfare requires the termination of the Special Use Permit provided <br /> ~ herein upon cessation or failure of commercial production for a <br /> ~ period of one (1) year. <br />NOW, THEREFORE, BE IT RESOLVED, that a Special Use Permit <br />(Mineral Extractive,Operations/Open-Cut Mining) be and hereby is <br />granted For the above-described tract of land, subject to the following <br />conditions and restrictions: <br />That operations not begin under said permit until a bond <br />or other security in an amount sufficient for the State of <br />Colorado, is furnished to the State of Colorado and/or <br />the Colorado Mined Land Reclamation Board, conditioning and <br />securing the performance of all reclamation obligations as <br />required by law. <br />That vehicular traffic operating to and from the subject <br />property comply with the traffic pattern described in previous <br />Jackson County Resolution, "Resolution No. 1975-v-23". <br />Said traffic has been found to be of general public concern <br />and control over said traffic is necessary for the public <br />safety of the residents of Jackson County; consequently, <br />this Board retains the right to review said traffic pattern <br />and, if necessary, designate a different traffic pattern <br />or route pursuant to a proper public hearing. <br />. 3. That applicant shall enter into an agreement with the <br />Division of Wildlife, State of Colorado regarding the <br />procedures and steps thar will be taken to protect and <br />minimize any adverse effects of the proposed mining operations <br />on the sage grouse population and any other identified <br />critical wildlife areas which may be affected by said <br />If <br />