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HomeMy WebLinkAbout6.0 Resolution 2006-83• • • 1 iuiii 11111 1111111 1111 iiiiu ilii lilt 11111 iui iui 704365 08/15/2006 10 08A B1831 P930 M ALSDORF 1 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )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 Plaza Building, in Glenwood Springs on Monday, the 5`h day of June, 2006, there were present: John Martin Larry McCown Tresi Houpt Jan Shute Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , Asst. County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2006-83 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR "EXTRACTION, PROCESSING AND MATERIAL HANDLING OF NATURAL RESOURCES" FOR THE OLDCASTLE SW INC. AND YVONNE CHAMBERS WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit (SUP) request for "Extraction, Processing and Material Handling of Natural Resources" submitted by Oldcastle SW LLC and Yvonne Chambers; and WHEREAS, the proposed use will be located on 74.533 acres of property located approximately one (1) mile east of Rifle, CO and is zoned Agricultural/Industrial (A/1), where such use is permitted as a Special Use; and WHEREAS, the proposed Special Uses are to be located on a property legally described in Attachment A attached hereto; and WHEREAS, the Board of County Commissioners opened a public hearing on the 5th day of June, 2006, upon the question of whether the above-described SUP should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the • • • 1111111 IIIII "HIE 704365 08/15/2006 10 08R 81831 P931 M ALSDORF 2 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 5th day of June, 2006 to make a final decision; and WHEREAS, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Board of County Commissioners. 1 That the public hearing before Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. The proposed Special Use Permit conforms to Sections 3.02.04, 5.03, 5.03.07 and 5.03.08 of the Garfield County Zoning Resolution of 1978, as amended. 4. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the SUP request for "Extraction, Processing, and Material Handling of Natural Resources" is approved with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. Further a copy of the approved Colorado Air Pollution Emission Permit will be submitted to the County each time a piece of equipment is moved onto the site, at least one week in advance of the move. 3. The County reserves the right to retain outside expertise, at the expense of the Applicant / operator of the facility, in order to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on or away from the site. 4. The Applicant shall submit proof that a site reclamation security as required by the Colorado Department of Minerals and Geology to ensure proper reclamation / rehabilitation of the site. 5. The Applicant shall submit a SPCC plan to the Garfield County Sheriff's office, Emergency Preparedness Commander, prior to approval of the Special Use Permit. • • 11E11E1 1111 111111 1111 111.11 1111 11111111 704365 08/15/2006 10.08A 81831 P932 M ALSDORF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 6 Prior to the issuance of a Special Use Permit, the Applicant shall submit the following items to the County Vegetation Manager for approval: A. The Applicant shall map and inventory the property for the County Listed Noxious Weeds. B. The Applicant shall provide a Weed Management Plan for the inventoried noxious weeds. Weed management should occur prior to soil disturbance. C. The Applicant shall augment the site reclamation plan by providing a plant material list and planting schedule for the reclamation. D. The Applicant shall provide a Mosquito Management Plan that will address how they intend to monitor and manage this site for mosquitoes. 7. Prior to issuance of the Special Use Permit, the applicant shall provide copies of all local government permits and state and federal government agency permits required in order to undertake mining and processing operations. Failure to comply with all permit requirements will result in the revocation of a Special Use permit issued by the County. 8. Upon completion, a copy of the final decree for the approval of a Plan for Augmentation and the approved well permits pertinent to the project, will be submitted to the Planning Department prior to the issuance of the Special Use Permit. 9. A maximum of 400 ADT will be permitted for the property. A trip being defined a the one way movement of a vehicle onto or off of the site. A truck accessing the site to pick up material and then leaving would count as two (2) trips. 10. All activities within the gravel pit will operate in compliance with the CRS § 25- 12-101, et.seq., noise standards. Should there be a complaint about excessive noise, it will be the responsibility of the applicant to provide documentation regarding the ambient noise levels and the noise levels of the activity causing the complaint, consistent with the State noise standards. Any such documentation will be presented to the Board of County Commissioners at a public hearing noticed in the form required by Section 9.03.04. The Board may amend the permit based upon the documentation submitted at the hearing to bring the activity into compliance with the State noise standards. 11. One sign, permitted in compliance with Section 5.07 of the Garfield County Zoning Resolution of 1978, as amended will be allowed on the property. 1 oniii 11111 Hill LH 111111 iiu ii1.11 11111 1111 1111 • 704365 08/15/2006 10 08R B1831 P933 M PLSDORF 4 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 12. The gravel pit hours of operation will be 6:00 a.m. to 8:00 p.m., Monday through Saturday and 8:00 a.m. to 1:00 p.m. on Sundays from March through November. The operating hours during the December through February period will be 6:00 a.m. to 6:00 p.m. Monday through Saturday. Overnight operation of an asphalt batch plant for public agency projects requiring such activity, may be allowed subject to approval of the Board of County Commissioners in a public meeting at least two weeks in advance of any proposed night time activity. The applicant shall notify all adjacent property owners of such meeting by return -receipt mail at least 10 days prior to the meeting and present the receipts at the meeting. 13. All lighting shall be downcast and inwardly directed to minimize safety conflicts with highway traffic and with airplanes using the Garfield County Airport 14. Prior to issuance of the Special Use Permit, the applicant shall provide evidence and plans assuring that the storage of all flammable or explosive substances will comply with the National Fire Code and that no flammable or explosive materials will be stored within the area subject to flooding from a 100 -year flood. All plans, studies or analyses submitted to satisfy these conditions must be acceptable to the Board of County Commissioners. 15. A list of all equipment and facilities will be provided to the County accompanied by evidence of title and other information required by law to allow proper registration and taxation of the equipment and facilities. The schedule of such property will be kept current at all times with changes reported to the County. Copies of the list(s) shall be provided to the Garfield County Clerk and Recorder and the Garfield County Assessor. 16. As noted by the Division of Wildlife the following will be conditions of approval: A The proposed mining operation will not disturb the riparian area and a buffer area of 100 feet to be established along the river. B. The reclamation plan be modified to create meandering shorelines with some shallow shelf areas to provide waterfowl and shorebirds with some additional feeding areas. Additionally, small islands in the ponds can offer nesting and resting areas for avian species. C. The reclamation plan be modified, after consulting with DOW about the appropriate methods available to eliminate the likelihood of the ponds supporting non-native fish populations 17. Compliance with all terms and conditions of approval contained in any permit issued to the applicants, their successors or assigns, by any local government, state or federal agency, shall be deemed conditions of approval of the Special Use Permit. Any violation of the conditions of any other such permit shall be deemed a violation of the terms of approval of the Special Use Permit. The applicants, their successors or assigns, shall notify the Garfield County Commissioners of any notice of violation or violation regarding the subject mining and processing • • • • 11111 1111111 1111 111111 ilii 112 III 1111 ilii iui 704365 08/15/2006 10 08A 61831 P934 M ALSDORF 5 of 6 R 0,00 D 0.00 GARFIELD COUNTY CO operations, equipment and associated permits issued by any local government or state or federal agency. The Board shall be notified within ten (10) calendar days of any violation or notice of possible violation. 18. The applicants must commence operations under the terms of the Special Use Permit within one (1) year of issuance of the Special Use Permit. The Special Use Permit will expire upon the determination by the Colorado Division of Minerals and Geology (DMG) pursuant to the provisions of the DMG permit(s) have been satisfied and that reclamation activities have been completed and the DMG Reclamation Bond released and further provided that any permanent ongoing mitigation activities are implemented. 19. Prior to the approval of the Special Use Permit the Board of County Commissioners, an easement providing access to State Highway 6 across the Colorado Rivers Edge LLC property to the benefit of the Oldcastle SW LLC and Yvonne Chambers. Additionally, verification from CDOT that the use of this access for this purpose is either within the existing access permit provisions or that a new CDOT Access Permit will be obtained. 20. Prior to issuance of the Special Use Permit, the applicant shall provide a reclamation bond in the amount of $1000/ac. in the County's name, to be held by the County. 21. The applicants agree no mining of material will occur in the areas where the mineral rights are not owned by applicants. f Dated this / T day of , A.D. 2006. A 1 "1"LST: C1 k of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIE ' COUNTY, COLO Upon motion duly made and seconded the foregoi esolu on was adopted the following vote: John Martin Larry McCown Tresi Houpt • • • I iuiii uiii 1111111 lin iiiiii uii 110111 11111 1111 H • 704365 08/15/2006 10 08A B1831 P935 M ALSDORF 6 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 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.D. 2006 County Clerk and ex -officio Clerk of the Board of County Commissioners