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HomeMy WebLinkAbout6.0 Resolution 85-171STATE OF COLORADO County of Garfield At a re*ufar meeting _of the Board of County Commissioners forGarfie@o,he1dintheCommissioners.MeetingRoom,Garfield County Courthouse in Glenwood Springs on Mondav r the 30th day of September A.D. I985, there were Present: Robert Richardson , Larry Schmueser Flaven J. Cerlse Don DeFord Mildred Alsdorfl Commissioner Chairman Commissioner Commiss ioner County AttorneY Clerk of the Board Administratrve Assistant I I I , Roger Ludwig (absent) r When the following proceeditrgs, among others were had and done, to-wit: RESOLUTION NO. 85_171 A RESOLUTION CONCERNED I{ITH THE APPROVAL OF A SPECIAL USE PERIVIIT APPLICATION BY NEW CASTLE ENERGY CORPORATION. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from New Castle Energy Corporation for Special Use permits for extraction, storage and Iimited processing of naturil resources, industrial support facilities, water impoundments, mineral waste disposal, access routes, tne wholesale/retail sale of coal and a temporary water pump on a tract of lan<i descrioed in Exhrbit A, attached hereto: WHEREAS, pursuant to requireci public notice, the Board conducted a public hearing on the 23ro day of September, 1985, upon the guestion of ,nether the above-described special use permits should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarOj-ng the issuance of said special use permits; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementroned hearing, has made the followrng determination of fact: I. That application has been frted in accordance with Section 5.03 of the Garfield County Zoning Resolutron of 1978, dS amended; Z. proper public notice was provided as reguired by Section 9.03.04 of the Garf ield County Zoning Resolution of L97Br €ts amencied; 3. The proposed use is comPatible permitted in the district in which that certain hereinafter contained and with the uses existing and it is to be located, Providedconditions be complieo with; 4. That for the above stated and other reasons, the proposed special use permits are in the oest interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield CountY. ) )SS ) T NOW, THEREFORE, BE IT RESOLVED Dy the Board of County Commissioners of Garfield County, Colorado that the Specral Use permits be and hereby are authorized permitting the use of the above described tract of land for extraction, storage and Iimited processrng facilities of natural resources, industrial support facilities, water impoundments, mineral waste disposal, access routes, wholesale/retail sale of coal anci water pumps, upon the following conditions being met: That all verbal and written representations of the applicant shall be considered conditions of approval, unless specified otherwise by the Board of County Commissioners. I. 2. 3. That any permits issued will be valid That copies of al1 other permits from reguired for the proposed Special Planning Department prior tro issuance until July 1, l9BB. other Eovernmental agencies Uses be submitted to theof any permits. 4. That the applicant adhere to the following agreements, guidelines and timelines: A. LANDSCAPE GUIDELINES (1)Notwithstanding that construction may occur in the FalI of 1985, the mine developers shall submit the initial landscaping plan on or before March I, 1986. In tne event of any construction activity on the site, which activity wiII result in the disturbance of an area exceeding 250 sguare feet, the rnine <ievelopers sna1I suomit a lanoscapingplan for approval by the Board of County Commissionerswithin thirty (30) days of the start of construction. Copies of the proposeci landscaping plan also snalI be furnished to the President of the Riverbend Homeowners Association and a representative of the owners of private lands locateo north of the Colorado River and within one (1) mile of the mine site at the time of the submittal to the CounLY. (2) The landscaping plan shalL be drawn to a minimum scale of one inch (1") for each fifty feet (50'); and indicate Lhe sguare footage of each planting area; tabulate the sguarefootage of all landscaped areas and percentage of thedisturoed site devoted to landscaping; ioentify wrthin theplanting area the type of plants; lisL the botanical and common names of all plants with the guantity of each and their respective container size; and clearly portray theirrigation system to be utilized. (3) Landscaping shall consist of a comoination of berming, trees, shrubs and Iive ground covers with careful consideration given to eventual size anci spread, and sufficient to mitigate visual impact produced by site disturbance and the construction of mine facilities,susceptibility to disease and pests, durability and adaptability to existing soit ano climatic conditions. Trees shall an average caliper of two and one-half inches (2 L/2") measured one foot (1') from ground level. No tree shall be less than two inches (2") in caliper In addition,DllqIM !gpp Lllqll UWv lllullgp lL I LLL vq!rt/s! . lll qsvr uIvrr, conifers shall be a minimum of six feet (6') in height. Each unused area resulting from the design or layout ofparking spaces or structures shall be used for planting purposes if over 50 square feet. AI1 planted areas shall contain an irrigation system, except that all areas with natural grasses shall contain an irrigation system as needed. (4 ) Slope stabilization, erosion protection measures and broaocast seeding of grasses will occur in che Spring of I986, and approximately one-half (L/21 of tree ano shrub planting will occur in the Fa1l of 1986, and one-half (L/2) wiII occur in the Spring of LgBl. Lanciscape and irrrgation systems as required for the disturoe<l areas sha1l be completely installed and in operation on or before June I, L9B7 . (s)Landscaping and irrigation systems shall be maintained in good con<lition in accordance with tne plans approveo oy the Board. AII planted areas snall oe watered sufficiently to promote growth of all trees, shruos and ground cover plants. Planting areas shall be maintaineo in a rdeed free condition. AI1 planting shall be per iodically pruned, trimmed, edged and fertilizeci in accordance with generally accepted horticultural practices. Ali trees, shrurls and plants which have been planted and which, due to accident, damage, disease, and other cause, fail to show healthy growth, shall be replaced. Replacement piants shall conform to all standards that govern the original planting installation. B. NOISE ATTENUATION (I) The applicant shall utilize state of the art noise suppression technology to miLigate noise impacts produceci byventilation, conveyor and processing systems and eguipment used at the mine site. That the applicant agree to limitblasting activity to daytime hours if tne noise impacts tonearby residencs is determined by tile Board of County Commissioners to be greater than projected. C. COLOR OF IMPROVEMENTS 1. The applicant shall suomit a color plan for all builciingsfor approval oy the Board of County Commrssioners. Theapplicant shall consult with homeowners in Riveroend Subdivision and landowners located north of E.he ColoradoRiver and witnin a one (1) mile of the mine site afterconsultation with such owners, shall provide plywood mock-ups demonstrating four (4) colors for evaluation notlater than October 15, 1985. The mock-ups shall be eightfeet by eight feet (B' x B') . The applicant and ownersshall select tne most appropriate color (s) and shal-I suomitsame for final approval by the Board of County Commissioners. The color scheme approved srrall apply to thewa1ls and roofs of improvements constructed at the minesite. D. LTGHTING STANDARDS (1) The applicant shall meet all- applicabl-e government regulations anci standards for the lignting of the project and shall include such additional lighting as may be pruoentfor safe working conditions. Suoject to the foregoing, alllighting shalI be installed so as co minimize off-siteimpacts to the extent reasonably feasrble. By way of example and not as a limitation, Iignts illuminating areasof the project shall be directed downward and toward thesurface of the project by appropr iate reflectors. Inaddition, the developers of the mine shall not illuminatethe mine or its facilities with any cosmetic or dramaticlighting. No lighting snall be reguired on County Roao 335. E. POWDER MAGAZINES F. DUST IVIITIGATION (f) The applicant, to extent reasonably feas tire emanation of dust and otner airoor the project site. viithout Iimiting applicant agrees [o have aII loads tarps or other acceptable mectrods (1) To the extent permissible under regulations of the governmental agencies having jurrsoiction, Lhe applrcant shall locate tne powder magazines at minimum separation distances as provided by such regulations and shall relocate the westerly pow<ier magazine to a point at the minimum permissible -diltance from the easterly powder magazine, irhicn is anticipatecl as being not greater chan forty-one feet (4I'). Any temporary powoer magazines may exceed the above-referenced separation distance. 5. 6. dissemination of coal dust along truck routes' That prior to hauling any coal off-site, the proposed haul road be de!igned based upon a pavement thickness desrgn performeo by an engineer qualified to perform such a study. Further, that the Board of County Commissioners revj-ew Ene document ano require the applicant ouiiO the haul road in accordance with the "pL.ifications contained in the report prior to hauling coal. That the test mine noL exceed 9601700 tons of coal per year or an average of 54 round trip trucK trips per clay on a rnonthly oasis' further, that a1I hauiiilg activity will be limited to daylight hour s . Dated this 30r,h day of September , A.D. r9B5 . ible, shall- Prevent ne particulates from the foregoing, the of coal coverecl with to prevent. the GARFIELD COUNTY BOARD OF COIVMISSIONERS tne foregoing Resolution was Aye ATTEST: '-. --) ,/'; " .,'^\t t ,.t, , , .{ {./'./.)/{. L L/'l Cl-erk of the Boarci /' GARFIEL rman Upon motion duIY maoe and seconded adopted by the following vote: Robert Richard Larr Schmueser ,AyeAyeFlavenJ - Cerlse of the Board of County Commrssloners aforesaid do hereby certify that the annexed and truly copied from the Records of the Proceedings Commissioners for said Garfield County, now in my STATE OF COLORADO County of Garfield IN WITNESS WHEREOF', I hAVC hCTEUNtO of said County, dt Glenwood SPrings, 19 , County CIerk and ex-officio Clerk in and for the CountY and State foregoing Resolution is of the Board of CountY office. T, set my th is hand and day of affrxed the seal , A.D. Clerk and ex-officio Clerk of the Board of County Commissioners. CountY l- ) ) ) D{hibit A LEGAL DESCRIPTION De sc r ipt ion : A parcel of IanC sit.uateC in Lots 1,2,3 and 4 and the SLNWk, and S\t'rEk of Section 6 , Township 6 South, Range 90 Vlest of the Sixth Principal l'leridian, County of Garf ie1d, CoIorado. Beginning at the Northeast corner of said Section 6, T65, R9Oi^J, 6th P.I1. which is also the Northeast corner of Lot A, thence due South along the East Section line of said Section 6, for a distance of 1230.0' to a point on the East-West quarter-line of said Section 6, thence Southeasterly on a bearing of S 64o00'00" l{ for a distance of 1415.00', thence Westerly along a bearing of NB9o49'44"I{ for a i.istancc of 4038.00' to a point on the West Section line of Section 6. Thence due llorth for a distance of 440.00'to a point on the West Section line. Thence Northeasterly on a bear-i-ng of N69o 20'00"8 for a distance of 235.00'; thence along a curve on the roadway right'- of-tvay to the l,Jest and South having a central angle of 90o00'00" , a radius of 25.00'and arc length of 39.27'and of which the chord bears S24o20'00" I{ for 35.36'. Thence continuing along the roadway right-of-way along a curve to the South and East having a central angle of 90 o a radius of 25.00' and a arc length of 39.27 ' of wh.tch the chord bears South 65o40'00" E for a distance of 35.36', thence along a curve hav-ing a central angle of 24"00'00", a radius of 300.00' and arc Iength of 125.65'and of which the chord bears North 73o15'00" E for a distance of 124.75' , thence along a curve hav-i-ng a central angle of 25o30'00", a rad.i.us of 1725.00' and an arc length of -76'7 .73' of rvhich the chord bears North 74"40'00" E for a d-i.s- tance of '16l.4l', thence along a curve having a central angle of 5o00'00" a radius of 1950.00', and an arc length of 205.25t of rvhich the chori bears North B4o 30'00" E f or a d-i-stance of 205.16' , thence along a curve having a central angle of 19o00'00", a radius of 590.50' ani an arc length of 195.82'of which the chord bears South Blol5'00" E for a Cistance of 194.92' . i1' i $ :l\, .{ l:: ;r..,+ 4.t .. . .t: ''iY O ':r -.j,' Continuing along the roadway right-of-way along a curve having a central angle of 35o00'00", a radius of 180.00'and an arc length of 109.96', of which the chord bears South 47o50'00" E for a dis- tance of 108.25'. Thence departing from the roadway right-of-way along the North boundary of the parcel on a bearing of I'175o30'00" E for a distance of 665.00', thence continuing along the )lorth boundary of the parce] on a bearing of N54o00'00" E for a distance of 1827.'74', thence along the |Jorth boundary of the parcel, which is also the North line of Section 6 on a bearing of South 89"45'28" E for a distance of 1672.84' to the Northeast corner of Section 6 which is the point of beginning, to a point of true closure of the parcel.