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WHEREAS, the Board held a public hearing concerning said application on March 11, 2008, <br />at which time comments and evidence were considered, including all materials contained as part of the <br />application and which were in the county's file concerning the application; and <br />WHEREAS, it was found that the change of condition of the Conditional Use Permit is <br />appropriate; <br />NOW THEREFORE, BE IT RESOLVED by the Board that: <br />1. The Board did make the following findings with respect to the application for a Conditional Use <br />Permit as follows: <br />a) The procedural requirements of 8.2 of the Fremont County Zoning Resolution have been met. <br />b) The location of the proposed use is compatible with other land uses in the area and does not <br />place an undue burden on existing transportation, utilities, and service facilities in the vicinity, <br />except as otherwise noted in these findings. <br />c) The site is of sufficient size to accommodate-the proposed use together with all- yards, open <br />spaces, walls and fences, parking and loading facilities, landscaping and such other provisions <br />_ ..-. _ . _ w required by this resolution.. <br />°d)" -Tbe site will be"serve'dty- streetrand roads-oft snffcient capacity to- carry.the-taffic-generated, <br />by the proposed use, and the proposed use will . not. result in undue traffic. congestion- or traffic <br />hazards. _ <br />e) The proposed use, if it complies with all conditions on which this approval is made contingent, <br />will not adversely affect other property in the vicinity or the general health, safety and welfare <br />of the inhabitants of the county, and will not cause significant air, water, noise or other <br />pollution. <br />2. A Conditional Use Permit shall be issued contingent on the acceptance and observance by the <br />Applicant of the following specified conditions: <br />A. The term of the Conditional Use Permit shall be through May 14, 2017 for completion of <br />reclamation of the site only. <br />B. The Department shall review the permit annually to determine compliance with the conditions <br />of the permit and forward it to the Board for their review as required by regulations. <br />C. Applicants shall conform to all plans, drawings and representations submitted with or <br />contained within the application except as- may be inconsistent with the other provisions of the <br />permit. <br />D. Applicants shall comply with all laws and regulations of the County of Fremont, its agencies or <br />departments, the State of Colorado, its agencies or departments, and the United States of <br />CUP 98-3 Energy Fuels Coal, Inc. (Southfield Mine) Change of Condition Resolution No. 24, Series of 2008 - Page 2 of 4