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Home My WebLink About6.0 Resolution 2008-861111 ~1'ri.~r.~1J:1M1U~!,l"'Lfd~ll'r\i'Mli'~,~li-1'~~·~ 11111 Reception~: 752000 07/10/2008 09.25:03 AM Jean Alberico 1 of 5 Ree Fee SO.DO Doe Fee.0.00 G~RFIELD COUNTY CO STATEOFCOLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, June 16, 2008, there were present: ~Jo~hn=M=art=in~-----------• Commissioner Chairman .,L,..anycu..,.,M.,c,,,C,,o"-wn'-"------------'' Commissioner ~T~re~·s~i ~H~o=u .. pt~-----------• Commissioner (Absent) =D~o=n~D~e=F~o=rd~----------~ County Attorney "'Jean""""'-Al=ben=· co""----------' Clerk of the Board =E=d~Gr=e=en~------------' County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2008-86 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR EXTRACTION, PROCESSING, STORAGE AND MATERIAL HANDLING OF NATURAL RESOURCES FOR A PROPERTY OWNED BY BLACK DIAMOND MINERALS, LLC Parcel !D's: 2453-061-00-005 AND 2405-261-00-073 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Black Diamond Minerals, LLC for a Special Use Permit ("SUP") for Extraction, Storage, Processing, and Material Handling of Natural Resources for a Shale Borrow Pit on approximately .66 acres specifically located in the SE l'.i of the SW l'.i of Section 25, Township 7 South, Range 94 West of the 6"' PM in the Agricultural I Residential I Rural Density (ARRD) zone district; and WHEREAS, on May 12"', 2008, the Board of County Commissioners did not refer the application to the Garfield County Planning Commission for a recommendation in a public hearing; and WHEREAS, the Board of County Commissioners held a public hearing on June 16"', 2008 upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and 1 1111 Wi.~~r.1~J,'1"'1l ,l\lf,~,l.W,rfW"'1\.:l'lll ,lo\o/~~·~ 11111 Reception~: 752000 07/1012008 09:25:03 AM Jean RlberJco 2 of 5 Rec Fee:$0.00 Ooc Fee:0.00 GARFIELD COUNTY CO WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: I. Proper posting and public notice was provided as required for the public hearing before the Board of County Commissioners. 2. The public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit is approved for Black Diamond Minerals, LLC for Extraction, Storage, Processing, and Material Handling ofNatural Resources for a Shale Borrow Pit specifically located on approximately .66 acres in the SEY. of the SW Y. of Section 25, Township 7 South, Range 94 West of the PM located in the Agricultural I Residential I Rural Density (ARRD) zone district with all of the following specific conditions: 1. That all representations of the Applicant, either in testimony or the submitted application materials, shall be considered conditions of approval unless specifically altered by the Board of County Commissioners. 2. Prior to activity occurring on the site, the Applicant shall provide a copy of the approved permits from the following agencies and shall remain in effect for the life of this permit: a. City of Rifle Watershed Permit; b. DRMS I JO Permit; c. Stormwater Management Plan and Discharge Permit. 3. The Shale Borrow Pit hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Saturday. 4. Prior to activity on the site, security shall be provided consistent with recommendations of County Vegetation and in accordance with the County Attorney's requirements. S. All of the conditions are binding of the County permit and the State Division of Reclamation, 2 1111 ~'1'~1o !lli~IPJ,'1HIU""l,till/•.~',1,jf.tii'il:r11~ I+/'~·~ 11111 Reception~: 7~2000 07/10/2008 09:25:03 AM Jean Alberico 3 of 5 Rec Fee:S0.00 Doc fee:0.()0 GRRFIELD COUNTY CO Mining and Safety (ORMS). DRMS can withhold the reclamation bond ifthe final reclamation is not executed according to the plans. 6. If a bond is required by DRMS, County will be invited to any bond release inspection and will have the opportunity to demonstrate that any item of the permit has not been complied with and that bond should not be released. 7. The Operator acknowledges that the County has performance standards in place that could lead to revocation of the Special Use Permit ifcontinued violations of the permit occur over a period of time. 8. The Applicant shall be required to submit a report annually, until such time as the release of the reclamation bond by the County, of the borrow pit operation for staff review. Upon review of any deficiencies pursuant to conditions of approval or other local, state, or federal pennits, Staff may forward the report to the County Commissioners for full review of the Special Use Permit. Copies of annual reports required by and submitted to other agencies including, but not limited to, the City of Rifle, will be attached to the annual report submitted to the County. 9. The County commits to notifying the operator of any compliance concern and allows an inspection "~th site personnel and the designated County inspector prior to contacting any agency. I 0. The County can request a site inspection with one calendar day's notice to the Operator. Full access to any part of the site will be granted. On request, all paperwork must be shown. The County cannot request a large number of inspections that would interfere with normal operation without cause. 11. All mining activities shall be required to comply with the following performance standards: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this 3 1111 Wi.llli~11J:1'4il,M/1,~,~~1~~1t\,\lr1'{~,~ 11111 Reception#: 7~2000 07/1~/2008 09:25,03 AM Jean Alber1co 4 of S Reo Fee;$0.00 Doc Fee:0.00 GARFIELD COUNTY CO provision (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A) Storage offlammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations I comments from the appropriate local protection district regarding compliance with the appropriate codes; (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: I. The minimum Jot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment ihat will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of8 a.m. to 6 p.m., Mon.-Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres in size. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. 4 1111 ~ ~~lfJ,'1tolil ,~1,~ ,lil'\~lr.llrt'J'~'lll1~ I+."• ~'il 11111 Reception~: 752000 07/10/2008 09:25:03 AM Je~n Alberico s of 5 Rec Fee:$a_OO Doc Fee,0.00 G~RFIELD COUNTY CO D edthi 7fi-d f j ' • c..-at s ay o _,,,.j_t,='-"-=·'6+----• A.D. 20~. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO fthe Board Cha· Upon motion duly made and seconded the following vote: was adopted y the ""C""O""MM"""'l"'SS"'I°"O""N""E,,R__,C"'"HAIR"""'~JO"'HN""'-'-.._F,_.. MAR~..,T...,IN,.,_ ________ , Aye ,,,C"'O"'MMI...,.. ... S""SJ.,.O"-'N"'E"'R'-'L"'ARR""""Y~L.,_._.,M.,CaCaO,_,WNC!..!.:!. _________ , Aye ,,C""O"'M_..M,.,I""S"'SJ.,,,O"'N""E"'R'--'T'-"RE,.,',,,,s'"'I H,...O"-U""P,_T.__ ________ , Absent STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , A.O. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 5 1111 W..Ki.V'il.MILN!!,N!!.1-U(.Wrolll:~ IM~·~ II Ill Reception#: 754010 08/13/2008 12:36•13 PM Je<in Rlberieo 1 of 1 Rec Fee:$0.00 Doc Fee:0.00 GPiRFI~LD COUNTY CO SPECIAL USE PERMIT for Black Diamond Minerals, LLC (Parcel ID: 2453-061-00-005; and 2405-261-00-073) In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2008 -86 of the Board of County Commissioners of Garfield County, state of Colorado, hereby authorizes, by Special Use Permit, the fo8owing activity: Extraction, Storage, Processing, and Material Handling of Natural Resources for a "Shale Borrow Pit" in the Agricultural I Residential I Rural Density (ARRD) zone district The Special Use Permit is issued subject to the conditions set forth in the above- mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTEST: GARFIELD COUNTY BOARD OF COMMI 10 GARFIELD COUNTY C 0