HomeMy WebLinkAbout4.0 Resolution 90-083•
"FECORDED AT
• FEC_ h tj
00
O ' c LocK 4 . M. OCT 17 1990
MILDRED ALSDORF. COUNTY CLERK,;
GARFIELD COUNTY. COLORADO
STATE OF COLORADO
)ss.
COUNTY OF GARFIELD
At a regular
790 P0E941_
meeting of the Board of County
Commissioners for Garfield County, Colorado, held at the Courthouse
in Glenwood Springs on Monday the day of , A.D., 1990,
there were present:
Marian I Smith , Commissioner Chairman
Arnold L. Mackley , Commissioner
Elmer (Buckey) Arbaney , Commissioner
Don K. DeFord , County Attorney
Mildred Alsdorf , Clerk to the Board
when the following
to -wit:
proceedings, among others were had and done,
RESOLUTION NO. 90-083
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN APPLICATION
FOR SPECIAL USE PERMITS BY NEW CASTLE ENERGY COMPANY
WHEREAS, an application has been submitted by New Castle
Energy Company for special use permits for the purpose of
constructing and operating a coal mine and associated facilities
and a coal loadout facility in substantial compliance with the
Garfield County Zoning Resolution of 1978, as amended, and under
the authority granted under Section 30-28-101, et seq., C.R.S.
1973, as amended, on property fully described legally in ATTACHMENT
A to this Resolution; and
WHEREAS, the Board of County Commissioners conducted a public
hearing as required by the Zoning Resolution of 1978, as amended,
on September 17, 1990 and continued said public hearing to October
1, 1990, in the Garfield County Courthouse, Commissioners' Meeting
Room, regarding the question of whether special use permit
applications should be granted, •and, if granted, whether any
conditions should be imposed on such special use permits, and,
during the public hearing received extensive testimony and other
evidence from the applicant and interested parties.
NOW, THEREFORE, pursuant to the foregoing provisions, be it
resolved by the Board of County Commissioners as follows:
1. The Board of County Commissioners hereby finds as
follows:
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BOOK 790 fm 942
A. The applicant has substantially complied with all
procedural and notice requirements set forth in the Garfield
County Zoning Resolution of 1978, as amended, with regard to
special use permit applications, and this proceeding is
properly before this Board;
B. That, except as hereinafter noted, the application
and all required submittals at this time are substantially
complete, and the applicant has paid the fee required by
Sections 5.03, 9.01 and 9.03 of the Garfield County Zoning
Resolution of 1978, as amended.
C. Subject to the conditions set forth below, the
applications and supporting information currently before the
Board of County Commissioners demonstrates compliance with
Sections 5.03.07 and 5.03.08 of the Garfield County Zoning
Resolution of 1978, as amended.
D. Subject to the conditions set forth below, the
information currently before the Board of County
Commissioners, taken as a whole, demonstrates compliance with
the provisions of Section 5.0 of Resolution No. 84-261.
E. Subject to the conditions set forth below, there was
substantial competent evidence presented that the proposed
land use activities, all facilities and buildings proposed in
connection with New Castle Energy Company's application are
in conformance with the uses allowed by Garfield County for
special use permits in the Coal Ridge PUD and
Agricultural/Industrial Zone District regulations.
F. Under the conditions set forth below, the health,
safety, welfare and uses of the neighborhood will be
protected.
G. That the Board must, for the purpose of analyzing
the subject application, in accordance with the applicable
provisions of the Garfield County Zoning Resolution of 1978,
specifically Sections 5.03 and 5.03.11, establish the
neighborhood which may be affected by the possible granting
of the proposed special use permits and, further, the Board
has determined that, except as otherwise noted herein, such
affected neighborhood is that area of Garfield County,
Colorado, consisting of properties within one (1) mile of the
proposed coal mine site of the applicant, and one-half (1/2)
mile of the proposed coal loadout facility.
H. The general character of the affected neighborhood
of the tract proposed to be subject to the special use permit
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Bonk 790 rtrE943
is agricultural, residential, highway and railroad. The
subject property at the coal mine site is presently zoned, in
accordance with Section 4.00 of the Garfield County Zoning
Resolution of 1978, as amended. Properties zoned, pursuant
to Section 4.00 are classified as Planned Unit Development.
The subject property of the coal train loadout is zoned in
accordance with Section 3.01 of the Garfield County Zoning
Resolution of 1978, as amended. Properties zoned pursuant to
Section 3.01 are classified as Agricultural/Industrial. The
industrial extractive operation proposed by the applicant for
the subject parcels is not a use by right within the zone
classifications and is a special use in the Coal Ridge Planned
Unit Development Zone and the Agricultural/Industrial Zone.
Competent evidence was presented at the public hearings that
the subject property of the applicant was previously permitted
for a coal mine and associated facilities and rail loadout
facilities. Such previously permitted activities were allowed
under different circumstances and significantly lower levels
of activity and/or different locations.
2. The Board of County Commissioners hereby grants the
request of New Castle Energy Company for property described in
Attachment A, attached hereto, subject to the following conditions
of approval:
A. That all verbal and written representations of the
applicant shall be considered conditions of approval, unless
specified otherwise by the Board of County Commissioners.
B. The permit shall be limited to five (5) years from
date of approval - use beyond the expiration date shall
require the resubmittal of an application consistent with
Sections 5.03.07 and 5.03.08 of the Garfield County Zoning
Resolution of 1978, as amended. Any cessation of mining
activity for a period of more than one year shall be
considered an invalidation of all land use permits and any
resumption of mining activity shall require a new special use
permit application.
C. The only loadout approved by this application is the
facility, located at the property described on Attachment A,
Pages 2 and 3. The maximum storage allowed at said facility
will be 10,000 tons, with piles properly treated to prevent
the disbursement of dust beyond property lines.
D. That coal hauling shall only occur between the hours
of 6:00 a.m. to 10 p.m., Monday through Friday; and no trips
on holidays, and no travel during the same time that the RE -
2 school bus is travelling County Road 335 shall be permitted.
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BlinK 790 P,..CE94,1
No coal trucks shall use jake brakes between the hours of 8:00
p.m. and 10:00 p.m. at the New Castle I-70 Interchange or on
County Road 335. All coal trucks shall be equipped with
staged jake brakes.
E. All buildings shall be painted desert tan with roofs
covered with an enamelled non -reflective paint surface.
F. All activities and facilities must occur on or be
located in a manner consistent with the locations as
illustrated on the site plan noted as Exhibit AN of the public
hearing.
G. Landscaping shall be sufficient to mitigate the
impact produced by site disturbance and the construction of
mine facilities. All landscaping shall be adaptable to soil
and climatic conditions, able to withstand disease and pests
common to this area. Trees shall have an average caliper of
two and one-half inches (2 1/2") measured one foot (1') from
ground level. No tree shall be less than two inches (2") in
caliper. No conifer shall be less than six ft. (6') in
height. All planted areas shall have a working irrigation
system that has sufficient quantities of water available to
maintain the plant materials. Any tree that dies shall be
replaced as soon as practical depending on the season of the
year, but in any case within six (6) months, by a tree of the
same size.
Further, that no later than May 1, 1991, the
applicant shall initiate the planting of trees along the
eastern and northern periphery of the site. All plantings
shall be completed by July 31, 1991.
Further, pursuant to Resolution No. 84-261, the
Board reserves the right to require an increase in the number
of trees by a factor of 200%, the type and size of trees
planted, if it is deemed by the Board that the landscaping
planted is inadequate to mitigate the impact of the mining
operation.
Prior to the issuance of any special use permit, the
Board will require security to guarantee the completion and
maintenance of all landscaping in the amount of Twenty -Five
Thousand Dollars ($25,000.00) for the life of the permit.
H. The applicant shall rebuild County Road 335 by the
addition of a minimum of two inches of 3/4" base material and
four inches of asphaltic pavement from the entrance of the
mine to intersection with the I-70 Interchange. Additionally,
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• BOOK 790 ?GCE 945
the road improvements shall result in a 24 ft. (24') wide
driving surface, with a 6 ft. (6') wide, two inch (2") thick
asphaltic surfaced shoulders with ditches 3 ft. (3') wide and
1 ft. deep; and a 150 ft. long and 10 ft. wide (150' x 10')
paved deceleration lane at the entrance to the mine. The
asphaltic surface from the mine entrance to the intersection
of County Road 335 and I-70 Interchange shall be striped in
a manner to delineate driving lanes and shoulders. The
remainder of County Road 335 will be chip and sealed to the
first intersection within the Riverbend Subdivision. The road
construction shall comply with the additional recommendations
of the Road and Bridge Supervisor as noted in his
recommendations to the Board and the guard rail recommended
in the Traffic Impact Analysis labeled Exhibit C-2 at the
public hearing.
All on site roads to and including the parking lot,
the coal truck loading facility and administration/processing
facilities shall be paved. All other internal roads and lay
down areas shall be treated with a dust retardant on an as
needed basis to be determined by the Board.
That the applicant be required to complete all road
improvements by June 1, 1991 and that prior to issuance of any
special use permits, the applicant shall provide Garfield
County with security in the amount of Five Hundred Thousand
Dollars ($500,000.00) to guarantee the completion of the off-
site road improvements. Such security shall be in a form
acceptable to the Board of County Commissioners and may
include a bond, letter of credit or cash. Additionally, based
upon the representations of the applicant at the public
hearing, Garfield County, at its election, may require that
such security be received from financially secure third
parties unrelated to this applicant.
I. That all outside storage shall be fenced and sight
obscured in compliance with Resolution No. 84-261 - storage
shall include, but not be limited to coal, coal waste, heavy
equipment, mine supplies. All outside storage of coal and
coal refuse shall be treated to prevent the emanation of dust
from the site.
J. That copies of all other permits from other
governmental agencies required for the proposed special uses
be submitted to the Planning Department prior to issuance of
any county special use permits. Further that the applicant
shall comply with all State and Federal regulations.
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BnoK 790 NGE9416
K. That the proposed extraction activity be limited to
no more than 1,000,000 tons per year.
L. The applicant shall comply with all State noise
standards. The applicant, at its own expense, shall have a
noise analysis performed by a qualified acoustical engineer
approved by the Board of County Commissioners every three (3)
months to demonstrate continued compliance with the State
noise standards. Five (5) copies of the report shall be
submitted to the Board for review. All noise generating
facilities shall be adequately screened to prevent violation
of the standards set forth in State Law. The mine ventilation
fan shall be state of the art equipment and shall have a
physical barrier built to minimize noise projections to the
north and east of the site in a manner consistent with the
evidence presented at the public hearing.
M. Prior to issuance of any building permits, an
approved Sewage Disposal Site Application and Discharge permit
from the Colorado Department of Health, Water Quality Control
Commission be presented. Prior to installation of the sewage
disposal system, portable toilets shall be on site during any
construction activity.
N. That all permanent buildings on the site shall
conform with the 1988 Uniform Building Code standards required
for the type of structure. Temporary structures may be placed
on the site during construction activities for six (6) months
provided there are approved water and sanitation facilities
available. All structures will require building permits from
the Garfield County Building Department.
0. The applicant shall have 180 days from the date of
approval of this resolution to comply with all conditions of
approval for initiating mine activity. Further, the applicant
shall have 120 days from the issuance of any special use
permit to initiate construction or use of said permit.
P. That all lighting on site, be the minimum necessary
to meet Federal standards for mine safety, and that all
lighting be focused inward toward the mine site.
Q. All fuel storage shall comply with all current State
and Federal standards.
DATED this
ATTEST:
ri
•
• a(1nk 7'90 NGF 94'!
day of October, 1990.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
I A 0 . . r �L,. By /
_ //id.,0t.-
rU
erk to the Board/ Chairman
1 '
Upon motion duly made and seconded the foregoing Resolution
was adopted,by the following vote:
( M O°
p'iarian I. Smith
Arnold L. Mackley
Elmer (Buckey) Arbaney
STATE OF COLORADO
COUNTY OF GARFIELD
Commissioners
ss.
Aye
Aye
Aye
I, Mildred Alsdorf, 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 Proceedings 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.D. 19
County Clerk and ex -officio Clerk of
the Board of County Commissioners
7
• * BOOK 790 PICE94,3
Legal Description - Mine Area
A parcel of land beginning at the Section corner found in place at
the southeast corner of Section 34, T5S, R9OW, 6 P.M., County of
Garfield,. Colorado, thence westerly along the south section line
of Section 34, T5S, R9OW, 6 P.M., being a bearing of N89°45'28" W,
for a distance of 1980 feet to the northeast corner of lot A, which
is also the northeast corner of Section 6, T6S, R9OW, 6 P.M., thence
due south along the east section line of said Section. 6, for a
distance of 2550 feet to a point on the east -west centerline of said
Section 6. Thence westerly along said centerline on a bearing of
N89°49'44" W, for a distance of 2655.78 feet to the center of said
Section 6. Thence continuing westerly along said centerline on a
bearing of N89°49'44" W, for a distance of 2655.78 feet to a point
on the west section line of Section 6. Thence due north for a
distance of 1532 feet to a point on the centerline of the Colorado
River. Thence northeasterly along the centerline of the Colorado
River, on a bearing of N63°45'00" E, for a distance of 460 feet,
thence on a bearing N56°35'00" E, for a distance of 345 feet along
the River centerline, thence on a bearing of N50°35'00" E for a
distance of 690 feet along River centerline,.thence on a. bearing of
N53°18'00" E, for a distance of 312.48 feet, thence easterly along
the north section line of Section 6, on a bearing of S89°45'28" E,
for a distance of 3827.44 feet.
ATTACHMENT A - PAGE 1
•BOOK 790 PAGE949
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