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;: �: �:_ �� 'o� " •6t459Q4 R10,Tc}IEFIEII`0CIC TH�° =-96 <br />NO. .2. -96 <br />FEB <br />RESOLUTION <br />A RESOLUTION AUTHORIZING MINE OPERATIONS WITHIN ONE HUNDRED FEET <br />OF BD ROAD,.27.00 ROAD AND WEST 5TH ROAD RIGHTS-OF - WAY <br />RECITALS <br />WHEREAS, WESTERN FUELS- COLORADO, LLC, conducts mining opera- <br />tions through its New Horizon Mine in the West End of Montrose <br />County, Colorado proximate to the Town of,Nucla and specifically <br />in the vicinity of BB Road, 27.00 Road and West 5th Road; and <br />WHEREAS, the Colorado, Division of Minerals and Geology, in <br />its regulations, sets forth criteria for the approval of permits <br />to conduct mining operations such as Western Fuels- Colorado <br />.conducts at the New Horizon Mine; and <br />WHEREAS, one criteria contained in the Division of Minerals <br />J and Geology's regulations is that the "proposed permit area" not <br />lie "within one hundred feet, measured horizontally, of the <br />outside right -of -way line of any public road "; and <br />WHEREAS, the Division of Minerals and Geology's regulations <br />do allow mining within one hundred feet of the public road if the <br />applicant for the permit "obtains necessary approvals of the <br />authority with jurisdiction -over the public road ", and <br />WHEREAS, in order to satisfy the Division of Minerals and <br />Geology's regulations, Western Fuels- Colorado has applied to <br />Montrose County for permission and approval to conduct mining <br />operations within one hundred feet of BB Road, 27.00 Road and <br />West 5th Road in the West find of Montrose County and proximate to <br />the Town of Nucla, Colorado; and <br />WHEREAS, several landowners affected by the mining adjacent <br />to said BB Road, 27.00 Road and West 5th Road have indicated <br />support of County approval of this Resolution; and <br />WHEREAS, the real property hereinof concern is platted upon <br />Exhibit "A" attached hereto and incorporated herein by reference; <br />and <br />` Attachment 2.05.3 25 <br />REVISED JULY 2006 Attachment 2.05.3(3) -8 -30 <br />