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404624 11-12-21308 09:41 AM Page a of A <br />• under Land Use Code Section 5-11 Conditional Uses on Federal Lands and that while <br />reasonable conditions may be imposed on a "conditional" use, the application may not be <br />denied, as may occur with a discretionary "special" use. The BOCC may not through its <br />regulatory process impose any requirements, conditions, or restrictions that are in <br />conflict, or are inconsistent, with the relevant BLM contracts, permits or regulations; <br />WHEREAS, the majority of land along CR 20R is public land administered by the BLM. <br />There is very little private land located in the Big Gypsum Valley or that is served by this <br />County Road. A BLM public use area and boat launch on the Dolores River is located <br />several miles beyond the turnoff(s) to these uranium mines. In January 2008 the Planning <br />Commission approved a Special Use Permit for a proposed gravel mining operation on an <br />approximately 80 acre parcel owned by the Suckla brothers, located off of CR 20R <br />approximately 11 miles west of SH 141. The SUP for this gravel pit was approved with a <br />condition that "the applicant may haul on weekends except no hauling would be allowed <br />on weekends in April, May, or June unless there is no Dolores River releases, in which <br />case the applicant/operator may haul on weekends during those months. As a courtesy <br />staff asked and Denison Mines sent the Suckla brothers notice of this public meeting and <br />the proposed amendment regarding increasing the number of truck trips on and proposed <br />improvements to CR 20R; <br />WHEREAS, in responding to the alleged violation, in his August 15, 2008 letter Harold <br />Roberts provided information on the traffic counts on the state highways between these <br />mines and the White Mesa Uranium processing mill outside of Blanding Utah together <br />with their estimate on the percentage of their increase of truck traffic on these state <br />highways. The applicant did not provide information concerning traffic counts or the <br />percentage their trucks account for on the County Road. In a September 29, 2008 email, <br />Andie Herron of the County Road Department states that there was an average of 35 <br />vehicles per day on CR 20R from June 20 to July 23, 2007. Based on this information it <br />appears that the truck traffic associated with Denison's mining operation at the Sunday <br />Mine complex accounts for the majority of traffic on this road, except possibly during the <br />spring time when there are sufficient flows to run the Dolores River; <br />WHEREAS, since the original amendment to this Special Use Permit was filed by <br />Denison and Mines and following the Public Hearing held in Egnar on October 22, 2008 <br />County staff and representatives of Denison Mines have continued to discuss and <br />communicate concerning how best to describe the terms and conditions for the proposed <br />increased hauling activity on CR 20R. There has also been a concern establishing an <br />appropriate speed limit and signage on this County Road. Included in the BOCC packet is <br />an October 30, 2008 e-mail from Christy Woodward, Denison Mines that discusses their <br />maximum production and the number, days and hours for hauling ore from the Sunday <br />Mine Complex. Mike Horner, Road & Bridge Superintendent has provided his <br />recommendation concerning the posted speed limit for CR 20R; <br />WHEREAS, in reviewing the application Planning staff finds that this proposed <br />amendment to Resolution 2007-34, based on Denison representations in its application to <br />include the proposed improvements to CR 20R meets LUC Sections 5-11 Conditional <br />BOCC Resolution 2008-41/Page 3