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- ~-= o~ ra~oR~[~, ccwrrrr of MCNTROSS <br />f, qq r ~~ ~ ~. '?~EJ,iT 3:54 GCLOCILP~,~ 1-30-96 <br />BOON, ~7 L•.~V6b[ i ..,, ~ '_ ~:~PTIO~ 614F83 RUTH E HEATH, f~COfiL~W <br />NO. 02.E -96 <br />• <br />FCd ~ f F.:,, <br />RESOLUTION <br />A RESOLUTION AUTHORIZING MINE OPERATIONS WITHIN ONE HUNDRED FEET <br />OF BB ROAD, 27.00 ROAD AND WEST 5TH ROAD RIGHTS-OF-WAY <br />RECITALS <br />WHEREAS, WESTERN FUELS-COLORADO, LLC, conducts mining opera- <br />tions through its New Horizon Mine in the West End of Montrose <br />County, Colorado proximate to the Town of Nucla and specifically <br />in the vicinity of BB Road, 27.00 Road and West 5th Road; and <br />WHEREAS, the Colorado Division of Minerals and Geology, in <br />its regulations, sets forth criteria for the approval of permits <br />to conduct mining operations such as Western Fuels-Colorado <br />conducts at the New Horizon Mine; and <br />• WHEREAS, one criteria contained in the Division of Minerals <br />and Geology's regulations is that the "proposed permit area" not <br />lie "within one hundred feet, measured horizontally, of the <br />outside right-of-way line of any public road"; and <br />WHEREAS, the Division of Minerals and Geology's regulations <br />do allow mining within one hundred feet of the public road if the <br />applicant for the permit "obtains necessary approvals of the <br />authority with jurisdiction over the public road", and <br />WHEREAS, in order to satisfy the Division of Minerals and <br />Geology's regulations, western Fuels-Colorado has applied to <br />Montrose County for permission and approval to conduct mining <br />operations within one hundred feet of BB Road, 27.00 Road and <br />West 5th Road in the West End of Montrose County and proximate to <br />the Town of Nucla, Colorado; and <br />WHEREAS, several landowners affected by the mining adjacent <br />to said BB Road, 27.00 Road and West 5th Road have indicated <br />support of County approval of this Resolution; and <br />WHEREAS, the real property hereinof concern is platted upon <br />Exhibit "A" attached hereto and incorporated herein by reference; <br />and <br />1 <br />