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HomeMy WebLinkAbout17.0 Resolution 97-701-111111-111111111111111111111111111111111_111 11111ill 511927 06/05/1997 10 38A B1026 P930 447 1 of 6 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 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 Courthouse, in Glenwood Springs on Monday , the 4th day of August A.D. 19_97 there were present: Marian Smith A h s A n t , Commissioner Chairman Larry McCown , Commissioner John Martin , Commissioner Chairman Pro -Tem Don Deford , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 97-70 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR NATURAL RESOURCE EX FRACTION FOR THE TUCKER AND FRASE PARTNERSHIP. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from the Tucker and Frase Partnership for a Special Use Permit to allow for the extraction of natural resources from the site identified in the application; and WHEREAS, Garfield County Planning Commission held a public hearing on August 14, 1996 and continued said hearing to January 8, 1997, upon the question of whether the above described Special Use permit 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 Permit; and WHEREAS, the Board held a public hearing on February 10,1997 and continued said hearing to July 28, 1997, upon the question of whether the above described Special Use Permit 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 Permit; and 11111111111111111111111111111111111111111I 1111111111111 511927 08/05/1997 10:38A B1028 P931 447 2 of 6 R 0.00 D 0.00 N 0.00 GARFIELD CLERK WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, 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 the Special Use Permit be and hereby is approved to allow for the extraction of natural resources, upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, and the forestry plan, shall be considered conditions of approval. 2. That prior to issuance of a County Special Use permit, the applicant receive a Special Use from the U.S. Forest Service for a haul route and the appropriate land use permit from the City of Rifle for watershed protection. Any additional conditions of approval attached to those permits shall be considered conditions of approval for this permit. 3. That all timber hauling on County Roads be on Monday through Friday, between the hours of 6 a.m. to 6 p.m. That any helicopter hauling will only occur between the hours of 7 a. m. to 5 p. m., Monday through Friday. 4. The haul route for timber and other overweight service vehicles will be approved by the County Road & Bridge Supervisor. Additionally, an overweight vehicle permit will be acquired for each vehicle needing such permit. 5. That the forest management practices and revegetation will be monitored for compliance with the proposed Teepee Park Forest Management plan by a consultant agreed upon by the Board of County Commissioners, City of Rifle and the applicant, and paid for by the applicant. That each tree will be marked prior to harvesting for inspection by the consultant and the Division of Wildlife, prior to harvesting. 1 111111 IIIl Ililil 11111 lif II 11111 11111 III 11111 lII I 511927 08/05/1997 10:38A B1028 P932 447 3 of 6 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 6. Approval of this application is based on the representations of the Forest Supervisor of the White River National Forest that Forest Service Road No. 824 is a legal right- of-way for the proposed Special Use permit. It is the responsibility of the applicant to obtain a declaration of the status of the road from a court with the appropriate jurisdiction 7. That prior to the issuance of a Special Use permit, the applicant submit engineered plans for the construction of intervisible turnouts on CR 317 meeting the Forest Service standards for sizing and spacing and the improvements be constructed. Additionally, the applicant will be responsible for the acquisition any additional right-of-way necessary for the placement of the turnouts, without the County's use of the power of eminent domain. Any property so acquired will be dedicated to the County. 8. That prior to the issuance of a Special Use permit, the applicant shall pay for an overlay of at least 1 '/2 inches asphalt overlay of County Road 320 from Taugenbaugh Avenue to the intersection of CR 317 and 320, that is acceptable to the Board of County Commissioners. A road bond of $100,000 will be placed with the Road and Bridge Department to be used for the repair of CR 320 and/or CR 317,due to damage attributable to the applicant's activities. The bond shall be valid for the period of time that the applicant is actively logging on their property. 9. This Special Use Permit is subject to review for compliance or noncompliance with performance requirements associated with the issuance of the permit. The applicant will be required to submit a report one year from the date of approval of a resolution of approval indicating the measures taken to comply with the performance requirements of the permit. The Board of County Commissioners will review the report in a public meeting within 30 days of receipt of the report and may determine that a public hearing is necessary to consider suspension of the permit or that conditions of approval must be met before additional activities can occur on the property. 10. All vehicles used in conjunction with logging operation must be licensed in the State of Colorado, through the Garfield County Clerk & Recorders Office. 11. The hauling of logs will be discontinued during normal times for local ranches to move cattle up or down County Road 317, when requested by a local rancher with grazing rights or property in the Beaver Creek drainage. 12. The applicant will not allow employees to drive personal vehicles to the site and will provide a crew cab for the transport of employees on and off of the site. 13. There will be no harvesting of aspen trees fora the site, with the exception of the incidental cutting of trees, approved by the inspector agreed to by the City of Rifle and the County. 1111111 111111 111111 IIIA 111111 VIII 111111111111111111111 511927 08/05/1997 10:38A B1028 P933 447 4 of 6 R 0.00 D 0.00 N 0.00 GARFIELD CLERK 14. All revegetation of the site will be done with certified weed free seed mix. 15. County Road 317 will be resurfaced to an all weather/season surface to the USFS boundary and consistent with the standards approved by U.S. Forest Service for the Forest Service access road. 16. The haul route will only be along CR 320 from the intersection of CR 320/317 to Taugenbaugh Ave. in Rifle. 17. Upon transfer of ownership of the property subject to this special use permit, the new owner(s) shall meet with the Board at a regularly scheduled meeting of the Board and published as an agenda item of the Board. 18. That prior to the issuance of the permit, the applicants enter into an agreement with the Rifle Emergency Services to provide emergency services to the site. 19. Prior to the issuance of the permit, the Fire Management Plan is filed with the Garfield County Emergency Services office and the Rifle Fire Protection District. Dated this 5th day of August , A.D. 19 97 . ATTEST: Jerk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUN ' ORADO Upon motion duly made and seconded the foregoing R olu 'o. w.. adoptee by the following vote: Commissioner Chairman Smith - Absent Commissioner Chairman Pro -Tem John F. Martin Commissioner Larry McCown , Aye( , Aye , Aye 11111111111111111111111 i111II 1111111111111 Illll 11111111 511927 08/05/1997 10:38A B1028 P934 447 5 of 6 R 0.00 D 0.00 N 0.00 GARFIELD CLERK STATE OF COLORADO ) )ss County of Garfield ) 1, , 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners 1 II1111111111111111111111111111111111111111111111111111 511927 08/05/1997 10:38A 81028 P935 447 6 of 6 R 0.00 D 0.00 N 0.00 GARFIELD CLERK EXHIBIT .\ Ail of that certain real property, together with vv,.hout warranty any and all water rights appurtenant thereto, if any, desa ::;d D.s follows: THE SOUTHWEST QUARTER (SW1/4) OF 31:THIRTEEN (13), TOWNSHIP SEVEN (7) SOUTH, RANGE NIS.: I `/ FOUR (94) WEST OF THE SIXTH PRINCIPAL MERIDIAN. THE SOUTH HALF (S1/2) OF THE SOUTH H > 31/2) OF SECTION FIFTEEN (15), TOWNSHIP SEVEN (7) SOUTH, RANG \f'f IETY-FOUR (94) WEST OF THE SIXTH PRINCIPAL MERIDIAN. PART OF DRAKE NO. 3 PART OF DRAKE NO. 4 PART OF DRAKE NO. 5 PART OF ALBERTA NO. 1 PART OF ALBERTA NO. 2 PART OF ALBERTA NO. 3 PART OF ALBERTA NO. 4 PART OF ALBERTA NO. 5 PART OF P.C. JUNIOR NO. 1 PART OF P.C. JUNIOR NO. 2 PART OF P.C. JUNIOR NO. 3 PART OF VIRGINIA NO. 1 ALICE ALICE NO. 1 ALICE NO. 2 ALICE NO. 3 LITTLE MAUD NO. 1 LITTLE MAUD NO. 3 LITTLE MAUD NO. 5 LITTLE MAUD NO. 7 LITTLE MAUD NO. 9 LITTLE MAUD NO. 11 LITTLE MAUD NO. 13 AND LITTLE MAUD NO. 15 OIL SHALE PLACER MINING CLAIMS DESIGN/ -,TED AS SURVEY NO. 20096, EMBRACING A PORTION OF SECTIONS TWENTY-FOUR AND TWENTY-FIVE AND THE UNSURVEYED FORTUN '...F TOWNSHIP SEVEN SOUTH OF RANGE NINETY-FOUR, WEST OF 1-1E SIXTH PRINCIPAL MERIDIAN, AS DESCRIBED IN UNITED STATES PATENT RECORDED DECEMBER 17, 1932 IN BOOK 164 AT PAGE 486. ALL IN THE COUNTY OF GARFIELD STATE OF COLORADO.