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0 2.05.5 <br />RECEPTION#: 814198, o4/1r/2007 at <br />08 :4e :05 AM, t OF a, R $21.00 <br />ANN EDWNS, DELTA COUNTY, CO <br />CLERK AND RECORDER <br />DELTA CONY, COLORADO <br />PLANNING AND COMMUNITY DEVELOPMENT <br />)UNTY COURM4WSE + 501 PALWWR STREMT • SUITE 227 + DELTA • COLORADO • 6141 &1764 <br />wvaw.daltaooufity.com oianninn(8ldeltacountyy.cam <br />PHDNE: (970) 674 - 211p t#x (970} Alt - 2Sit6 <br />THI S AGREEMf =NT Is Issued pursuant to Delhi County Regulation for Specific <br />Development, effective January 8, 2007. adopted by Re90fUtlOr► 2oaT -R-uOi on January 8, 2007. <br />Applicant: Bowie Resouros, LLC <br />P.O. Box 483 <br />1855 Bowie Rood <br />Paon"aa, CO 81428 <br />D+i iapmo t: Coal Mine Disposal Idle <br />Application No.: SD O"14 <br />Landowner: Bowia Resources, LLC <br />RepM Ontativs: Bill Beat <br />Matters and F,,v'r mt& Considarod tw,thl; : <br />• This application kir a Specific Development Agte0=111 for a Coal We Waste Disposal Pile to <br />be located on private Property foc� within a portion of the NE1 14 and SE1 14 of Section 15 and a <br />portion of the NW i/7 of Section 14, Township 13 South, hangs 97' WW of the e W= <br />Meridian, *he Wcation In between mile markers 13 and 1d of HTUWW i33 east of the Town of <br />Poonia, CO., in DeFta County, Colorado. The ;applicalion was pmsenmd to the Board of County <br />Commissionefa on March 12, 2007, stwhich time the Board raoLlVed writion comments from <br />Deft County residents, Planning Commission. and Pinta County Staff. The Board has also <br />considered a" findings and recornmendollons of the Planning Staff and other documents which <br />have been submlttart to this Board by both goes in oppositidn and tfae in favor of this <br />development. <br />Le Pte- <br />The Boetd MVL-WW Mi5 application at its regular rtr Wng Qn March '12,2007, after due ncuce, <br />at which time the Applicant Umtifed cDrmrrfmg its position. The Board took the application and <br />testimony under aWternent. <br />FindirrQs <br />The Board adapt, the iindlrrgs of the Planning Staff as set fortis on ExAibit A, attached hereto <br />and by this reference made a part heraat. <br />The Board further &x6 chat the proposed development is not irwumpatibte with the <br />nelghbortrood, assuming that the r6mmmendatiorrs of the PlannkV Stuff adapted as condemns <br />for approval of the application arerornpliad with by the Applicant. <br />The Board further fxKts that although the proposed develop ml results in significant Mtsntial <br />Impact to'tlx neighborhood, including such negative imparts as increased: traffic, etc., M96 <br />impacts can be substantially rtrit'tgatD4 by oomp(lance with ft conditions set forth bolow. <br />PRA 2 2.05 -90- 02/10 <br />