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Home My WebLink About4.0 Resolution 78-7012E $OI,UTIC .., i`, • 2Y_7 f';II .I:iil.,`i, Application was made by C F & 1 Steel Corp- oration (hereafter "Y ppl i dint") , on February 2, 1977, ' for a special use permit for purposes of construction and operation of a lime:tone quarry and related facilities on the property described in said application, all in accordance with Section 7.03 of the Garfield County Zoning Resolution; and WHEREAS, The Board of County Commissioners of Garfield County, Colorado on May 1.5, 1978, approved the impact- state- ment and supplemental information in connection therewith submitted by the applicant as required under Section 4.03.07 of said zoning resolution and received the report and recom- mendations of the Garfield County Building Official in respect to such application on May. 22, 1978, as required by Section 7.03.03 of said zoning resolution; and WHEREAS, The Board of County Commissioners on June 20, 1978, held a public hearing upon such application which he„ -in `..... recessed and continuPd to June 28, 1978 for presentation of further testimony and other evidence, and which hearing was duly advertised and held in accordance with the requirements of Section 7.03.04 of said zoning resolution; and WHEREAS, The Board of County Commissioners of Garfield County, Colorado has considered said application and impact statement; the report and recommendations of the Garfield County Building Official, and the testimony and other evidence presented at said public hearing and based thereon, said Board of County Commissioners sioners hereby makes the following findings in respect to such application, to wit: 1. That all procedural requirements and notice re- quirements set forth in the Garfield Comity Zoning Resolution in respect to special use permit zEpplications have been mat and this proceeding is properly before this board. 2. That said application and impact statement are complete in all respects, in accordance with the: provisions and requirements of Section 4.03.07 and Section 7.03.01 of said resolution, and that •the applicant has paid the required fee in the sum of $500.0G 3. That the proposed use and all buildings and structures in connection therewith are in compliance with all applicable zoning, subdivision, building, health and sanitation regulations except; for approval as a special use, as required by Section 7.03.03. 4. That the proposed operation of said use as described in said application and impact statement complies with the requirements of Section 4.03.07 of said resolution and will not have a significant adverse effect upon the matters enumerated in Section 4.03.07(1)(a)(b) and (c), (2) and (3) of said zoning resolution provided the following conditions, restrictions and requirements are imposed, met and fulfilled in connection with the initiation and continuation of such use and the operations proposed to be conducted thereunder, to wit: a. That prior to commencement of operations evidence sufficient and satisfactory to the Board of County Com- missioners of Garfield County, Colorado be furnished by the applicant to show legal ownership and actual avail- ability of at least 0.50 cubic feet of water per second of time decreed and available for use in applicant's industrial operations on the site. b. That a baseline water quality study be performed on both Deep Creek and Twenty Pound Tick Cave flows to establish existing water quality. Such study shall include the taking and analysis of samples at appropri- ate intervals over a period of not less than one year prior to commencement of any extraction operations or any excavations upon the site. Subsequent to commencement of quarrying and extraction operations, water samples shall be taken from said flows at regular intervals as required by the Board of County Commissioners and analyzed to determine any deterioration in water quality. All water sampling and analysis shall be done by an independent testing laboratory suitable to The Hoard of County Commissioners and shall be done at the sole expense of the applicant. Any deterioration in water quality of either of these flows shall result in an immediate suspension of the permit and all operations thereunder until such time as remedial measures can he taken to assure that the initial water quality of the flows shall be. maintained. c. That applicant, prior to commencing operations unc]e.r such permit, shall obtain all permits and ap- provals required by state and federal law and agencies. d. That any evidence of damage to or destruction of existing cave structures or formations shall result in an immediate suspension of the permit and al]. operations thereunder until appropriate remedial measures are taken to assure that rio additional damage or destruction of cave structures or formations will result from operations under the permit. but that without each of the foregoing restrictions, con-. ditions, and requirements being imposed and complied with, the proposed use and operation would not be in compliance with said Section 4.03.07 and would have a -significant adverse impact upon those matters enumerated in Section 4.03.07(1) (a)(b) and (c), (2) and (3), and that the -imposi- tion of such conditions, restrictions and requirements is necessary to protect the health, safety and welfare of the population and the existing uses of the neighborhood. 5. That there exists sufficient physical separation in terms of distance between the proposed use and existing uses iri the neighborhood and the proposed use will not have a significant adverse impact upon such existing uses and the established character of the neighborhood in which the proposed use is located, provided that the following con- ditions and restrictions are imposed and observed, to wit: a. That all quarrying and extraction operations be confined to the 80 acre tract of land described in the application and the map appearing therein. b. That the crushing plant and attendant operations be confined to the 25 acre tract described in the ap- plication and the map appearing therein. c. That the fines dump and attendant operations be confined to the 25 acre tract of land described in the application and the map appearing therein.. d. That all waste rock disposal and attendant opera- tions be conducted upon the 50 acre tract of land described in the application and the map appearing therein. e. That all of the foregoing tracts of land be surveyed by the applicant and property corners monumrented to assure compliance with these conditions. f. That the total amount of limestone to he extracted, processed and removed from the site under the permit shal] not exceed 350,000 tons in any one calendar year and that production reports shall bo furnished to The Board of County Commissioners upon request. g. That the balance of the land described in said application, consisting of approximately 2].01 acres of patented land to whjch the applicant shall own fee title at the time of issuance of the special use permit, which land is described in the application in Section 1V, thereof, shall be used for no purpose other than livestock grazing and will he maintained in essentially the same state as it presently exists during the entire term of any special use permit granted pursuant to such application, and which land consists also of approximately 2,009 acres of unpatented mining claims which shall be owned by the -applicant at the time of issuance of any such permit and that applicant shall not undertake any kind of development or use of such unpatented claims during t]ie term of any .such special use permit, except to perform minimum required annual assessment work. But that unless the foregoing conditions and restrictions are imposed and observed, sufficient physical separation will not exist and the proposed use will have a significant adverse effect upon the existing recreational and other uses in the neighborhood and upon the established character of the neighborhood. 6. That the route proposed for access to the said site of such quarrying operations, as described in said application is adequately designed to accommodate the traffic volume generated by the proposed use and to provide safe, convenient access for the use, provided that all extracted materials and product are removed from the property by means of the aerial tramway described in the application and impact statement and that the principal means of transpor- tation of all persons employed in the proposed operations to and from Eagle County Road No. 301 (Colorado River Road) to and from the site of such operations shall be by bus or similar crass transit vehicles to minimize the impact of the increased volume of traffic upon the proposed access route, but that without the imposition and observation of such restrictions and conditions, the proposed access route would be insufficient to accommodate the increased volume of traffic and an unsafe condition would exist. 7. That all representations and statements contained in the application, the impact statainent and testimonial and other evidence presOnted by the applicant at said hearing, describing the nature, manner and extent of the proposed operation and use, except 'there such representations and statements conflict with any of the findings herein, are essential to assure the protection of the public health, safety and welfare and must be incorporated into the conditions of approval of any special use permit issued pursuant to such application and that such operations must be conducted as represented in said application, impact statement and evidence presented, except as modified by this resolution. NOW THEREFORE, BE IT RESOLVED DY THE BOARD OF COUNTY COM1.ITSSIONERS OF GARFIELD COUNTY, COLORADO, that said appli- cation for special use permit be and it hereby is approved, which permit shall be for a term of 50 years from the date of issuance thereof and provided that there shall be expressly incorporated into such permit each of the provisions, con- ditions and restrictions set forth in paragraphs numbered 1 - through 7 above and BE IT FURTHER RESOLVED, that upon the violation of or failure to comply with any of the aforemen- tioned provisions, restriction or conditions, such permit shall forthwith expire and terminate and all operations thereunder cease, with the exception of any operations required under site rehabilitation requirements which may be imposed by any state or federal agency, AND BE IT FURTHER RESOLVED that no such permit shall issue unless and until applicant shall covenant and agree to comply with each provision, condition and restriction set forth herein and therein. THE BOARD OF COUNTY COMMISSIONERS OP GARFFI1i,D COUNTY, COLORADO By:< t l' .4,.r C_ ' .-.- -lia_iiin_ '; 6 : � Commiss:ian5_r Commissioner , I Attest: ds._(C,.(a. Cc/)- to the Board