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WHEREAS, the Jefferson County Zoning Resolution, Section 13-D-5, <br />was amended on February 20, 1980 to provide that special <br />exceptions granted under this Section shall extend for the life <br />of the mine as defined by Section 34-32-103, C.R.S.; and <br />WHEREAS, testimony was heard from County staff and from the <br />applicant; and <br />WHEREAS, the Board of Adjustment continued the matter to the <br />20th day of May, 1987, for decision only, with no further <br />testimony to be received; and <br />WHEREAS, based on testimony and exhibits, the Board of <br />Adjustment makes the following findings of fact: <br />1. That the subject property was properly posted for the <br />required fifteen (15) days immediately preceding the April <br />22, 1987 hearing. <br />2. That the subject property is presently owned by the <br />Department of Energy (surface) and Marcus F. Church Estate <br />(minerals) as evidenced by documents in the file and <br />testimony of the witnesses. <br />3. That the public hearing was extensive and complete with <br />all pertinent facts, matters and issues being discussed and <br />all interested parties being heard at the hearing. <br />4. The Board of Adjustment specifically incorporates all <br />the testimony and exhibits of the hearings under the Board <br />of Adjustment Case No. M87-1. <br />5. That this application concerns 223.43 acres, more or <br />less, of land to include sand, gravel and possibly clay <br />mining that will be carried out over the life of the mine. <br />6. That the applicant has agreed to not do any clay truck <br />hauling during the peak rush hours (7:00 to 7:30 a.m. and <br />4:00 to 4:30 p.m.) for the Rocky Flats Plant on the Rocky <br />Flats (D.O.E.) access road, and that no gravel hauling <br />trucks will use this road. <br />7. That the applicant agrees to enter into an agreement <br />with the Department of Energy stating that the mining <br />2