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91 t_�= 1 F?TN.IhJ =01317r' ^0= 9-20 519 P. 02 <br /> 1 - <br /> MID-CONTINENT RESOURCES, INC. <br /> Board of County Commis March 7, 1991 <br /> Pitkin County, CO Page 4 <br /> ability to sell the property <br /> The now paragraph 28, which is adopted by Resolution #90-13 of <br /> February 36r 1991, provides as follows$ <br /> .t <br /> paragraph 399 suspension at permit for Mining operations. ° <br /> Those aspects of this Permit addressing mining and its u <br /> impacts will be considered suspended if active mining <br /> operations at the Coal Basin Mine should cease for an <br /> indefiait• period of time without specific arrangements for <br /> continuation of the full permit having been made beforehand. <br /> In the case of suspension, the County Will, at its <br /> discretion, establish prsoonditions for canOtllatioa Of the <br /> suspension. . . non-mining activities, will be allowed during <br /> the suspension, but other activities will be considered <br /> grounds for revocation of the Permit. <br /> 4 <br /> Whit• the resolution of February 26, 1991 establishes a list of <br /> conditions for this particular period during which mining activity <br /> has boon suspeended, the permit amendment presumably remains in <br /> effect and applies to unanticipated interruptions in production <br /> which may occur in the, future, and in turn leaves vague and <br /> unspecified "preconditions" for cancellation of a suspension. <br /> U <br /> ry <br /> Paragraph 23 of special Use Permit #96-139 provides that additional ' <br /> conditions may be attached to the permit which are $'reasonable" and <br /> "noceessary to protect the health .and safety of the present and <br /> future inhabitants of Pitkin County . . . .te <br /> m)%e amendment in not reasonable. As noted previouslyr - ' <br /> interruptions in coal production for indefinite periods of time <br /> have occurred on many occasions in the past, and will occur in the <br /> future at the Coal Basin Minos. it is critical to the economic <br /> viability of the operation that coal production, when interrupted, <br /> should be resumed qqu�ickly. No' operator can afford to wait for the <br /> county to set conditions and in turn deliberate on whether the <br /> conditions have been met so that the suspension can be lifted and <br /> coal production can resume!. It is not workable, Furthermore no <br /> peermi.tteee whould LN Lo4ulLud 4u uP*Vate undou Yalu& and undefined <br /> future "preconditions, " t� <br /> The amendment is not necessary to protect the health and safety of <br /> the inhabitants of Pitkin County. 'Pitkin County}s residents have <br /> thrived and prospered over the, several decades of operations in <br /> Coal Basin in which the county has made no effort to impede or <br /> place conditions and restrictions on the resumption of coal <br /> production after periods of interruption. <br />