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NOW, n BEFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF <br />SAN.NffGUEL COUNTY, COLORADO, AS FOLLOWS: <br />A. Any person or persons, agents or employees of these persons must,. prior to any excavation, <br />or disturbance of any facet of a county road, right-of-way or appurtenance thereto which is <br />included on the County road system Mthin the boundaries of the County of San Miguel, comply <br />with certain restrictions as listed below: <br />1. All activities subject to the this Resolution can be commenced only upon written <br />approval of the Board of County Commissioners and/or that of the County Road <br />Superintendent or his designated representative. Should the Superintendent fail or <br />refuse to issue any permit applied for pursuant to this Resolution, the applicant for <br />same may appeal such failure or refusal to the San Nfrguel County Board of <br />Commissioners. Any such appeal shall be made in writing to the Board of County <br />Commissioners, with a copy to the County Road Superintendent, and filed with the <br />Board vxithin ten days of the failure or refusal to gran a permit. Widen ten days of <br />the receipt of an appeal, - the Board of County Commissioners shall schedule the <br />matter to be heard at a noticed public meeting of the Board, to be held within thirty <br />days of receiving the appeal. No less than five worldrg days prior to the date at <br />which the Board of County Commissioner is scheduled to consider an appeal the <br />party filing the appeal shall, be gzven written notice of the time, date, and place at <br />which the appeal will be considered, and at which, evidence may be received from <br />• applicant, County Road Superintendent, and interested members of public. <br />2. Each and every activity other than normal public use of the county roads, right-of- <br />ways and appurtenances will be considered as within the purview of this resolution. <br />Activities not considered normal public use include, but are not limited to: (1) utility <br />excavation, relocation, repair or placement of facilities, (2) private maintenance of <br />county roads, (3) filming of commercials when road conditions are altered, (4) the <br />operation of any vehicles, combination of vehicles, or equipment, upon a County road <br />which exceed the size and/or weight restrictions set forth in sections 424501 through <br />42-4-512, C.R.S., as arnended, or the operation of any hauling estimated to be in <br />excess of 3,000,000 pounds within a twelve month period beginning with the date of <br />perrrrit approval over a specified county road haul route. <br />3. Each and every activity shall be considered a separate incident, and each will require <br />bonding or the posting of other acceptable security according to the nature and scope <br />of activity and to the satisfaction of the Board of County Commissioners and/or the <br />County Road Superintendent. (See attached Schedule A - Bonding and Fees) The <br />amount- of bonding or other security matst be adequate to cover all reasonably <br />foreseeable damages as deterrrrirred by the Count}, Road Superintendent in accordance <br />with the provisions of this Resolution. <br />Page 2