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HomeMy WebLinkAbout6.0 Resolution 84-262Recorded at / / " /0 o'clock_ / M. DE• C 3 11984 Reception No... KV11LDFILD ALED; RF, RECORDER GAR FIELD COUNTY, COLORADO STATE OF COLORADO County of Garfield ) )ss / 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 , the 27th day of December A.D. 1984, there were present: LOCK 66? rs€184 Larry Velasquez ► Flaven J. Cerise Eugene "Jim" Drinkhouse Steve Zwick Mildred Alsdorf Commissioner Chairman Commissioner Commissioner County Attorney assistant Clerk of the Board When the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 84-262 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY STORM KING MINES, INC. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Storm King Mines, Inc., for Special Use permits for extraction, storage and limited processing of natural resources, industrial support facilities, water impoundments, mineral waste disposal, access routes and the wholesale/retail sale of coal on the tract of land described in Exhibit A, attached hereto: WHEREAS, pursuant to required public notice, the Board conducted a public hearing on the 17th day of December, 1984, upon the question of whether 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 regarding the issuance of said special use permits; and, WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That application has been filed in accordance with Section 5.03 of the Garfield County Zoning Resolution of 1978, as amended; 2. Proper public notice was provided as required by Section 9.03.04 o -f the Garfield County Zoning Resolution of 1978, as amended; 3. The proposed use is compatible with the uses existing and permitted in the district in which it is to be located, provided that certain hereinafter contained conditions be complied with; and 4. That for the above stated and other reasons, the proposed Special Use Permits are 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 o, Garfield County, Colorado that the Special Use permitsbe and .hereby are authorized permitting the use of the above described tract of land for extraction, storage and limited processing facilities of natural resources, industrial support facilities, water impoundments, mineral waste disposal, access, routes and wholesale/retai L. ;sale of coal, ` onan incremental basis, upon the: followl.ng ;conditions being met: 1. That all verbal and written representations of . the applicant shall be considered conditions of approval, unless specified otherwise by the Board of County Commissioners., 2. That any permits issuedwill be valid until July 1, 1988. 3. That prior to the issuance of any Special Use permits A. The applicant will revise theStorm.King Mines Fiscal Impact Assessment to,reflect the .current .plan of operations, .and that the a revised Fiscal':' Impact. ?assessment will be . reviewed. by the affected governmental entities and a mitigation plan established that' is acceptable to the Board of County Commissioners. B. That the copies of all other permits from other governmental. agencies required for -;the ;proposed `Special' -Uses be` submitted " to the Department, of ,Development. C. That the applicant submit a landscaping, lighting -and colo.r,: scheme plan for thefaCiiitieSi which minimizes visual impacts to the extent reasonably feasible for -the proposed:: uses and is acceptable tothe Board of'County Commissioners. 4. That prior to the' issuance..of .Special Use- permits for: extraction's~.: storage, water impoundment and mineral waste disposal the following conditions. be met A. •That the applicant agree to: limit b1sting activity to • daytime hours if the 'noise impacts to nearby residents is determined by .the. Board of .:.County Commissioners to be greater than projected. B. That. written verification from the Division of Water Resources of .a legalwater'source be provided to the . Department ,of Development/PJ.anning Division C. That written verification from the Town of NewCastle:of their ability to .accept the sewage effluent:fr.om the project be submitted to: the Department -of .Development/Planning Division: 5. That prior to . the issuance of Speciale --Use permits for industrial support facilities,.:-retail/wholesale sale of coal, and the access. routes, the following conditions be 'met: A. That the applicant agree to pay for a traffic safety analysis of the proposed haul road:and that the traffic safety engineer be hired by. GarfieldCounty. That the conclusions of the traffic safety analysis will be incorporated _into the design and improvement -of the haul road.. That, at a minimum, the; analysis study: 1. Present traffic volumes on CR 335, New Castle I-70 Interchange. and St. Hwy. 6.&'24 at the interchange-. 8001( 662 rAGE186 2. Projected volumes for a specified period of time. 3. Establishes limits to traffic volumes. 4. Identifies measures necessary to mitigate congestion and circulation problems. B. That the proposed haul road be designed based upon a pavement thickness design performed by an engineer qualified to perform such a study. Further, that the Board of County Commissioners review the document and require the applicant build the haul road in accordance with the specifications contained in the report. C. That based on the traffic safety analysis, a maximum number of truck trips per day be establisned for the hauling of coal and that a limited size of the operation be established, but in no case will the test mine exceed 500,000 tons of coal per year or an average of 54 round trip truck trips per day on a monthly basis. fd 7 Dated this a% day of , A.D.( JP7/ ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO .72'/tie_iL_ a . -�� Cler of the Board -l� Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye Eugene "Jim" Drinkhouse Aye STATE OF COLORADO 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 Order 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 of the Board of County Commissioners. County Clerk and ex -officio Clerk LEGAL DESCRIPTION Description: Box 6f32? j ' Exhibit A A parcel of land situated in Lots 1,2,3 and 4 and the S1/2NW4, and S2NE4 of Section 6, Township 6 South, Range 90 West of the Sixth Principal Meridian, County of Garfield, Colorado. Beginning at the Northeast corner of said Section 6, T6S, R90W, 6th P.M. 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 64°00'00" W for a distance of 1475.00', thence Westerly along a bearing of N89°49'44"W for a distance of 4038.00' to a point on the West Section line of Section 6. Thence due North for a distance of 440.00' to a point on the West Section line. Thence Northeasterly on a bearing of N69°20'00"E for a distance of 235.00'; thence along a curve on the roadway right- of-way to the West and South having a central angle of 90°00'00" , a radius of 25.00' and arc •length of 39.27' and of which the chord bears S24°20'00" W 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 °a radius of 25.00' and a arc length of 39.27' of which the chord bears South 65°40'00" E for a distance of 35.36', thence along a curve having a central angle of 24°00'00", a radius of 300.00' and arc length of 125.66' and of which the chord bears North 73°15'00" E for a distance of 124.75', thence along a curve having a central angle of 25°30'00", a radius of 1725.00' and an arc length of 767.73' of which the chord bears North 74°40'00" E for a dis- tance of 761.41', thence along a curve having a central angle of 6°00'00" a radius of 1960.00', and an arc length of 205.25' of which the chord bears North 84°30'00" E for a distance of 205.16', thence along a curve having a central angle of 19°00'00 a radius of 590.50' and an arc length of 195.82' of which the chord bears South 81°15'00" E for a distance of 194.92'. O 61EZZ f ft88 Continuing along the roadway right-of-way along a curve having a central angle of 35°00'00", a radius of 180.00' and an arc length of 109.96', of which the chord bears South 47°50'00" 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 N75°30'00" E for a distance of 665.00', thence continuing along the North boundary •of the parcel on a bearing of N54°00'00" E for a distance of 1827.74', thence along the North 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.