HomeMy WebLinkAbout1.0 BOCC Staff Report 09.05.175-Mile Ranch Gravel Pit -Extension Request -Exhibits
Applicant is Jon Mueller, Elam Co
September 5, 2017
Exhibit Exhibit Description
Number
1 Garfield County Land Use and Development Code of 2013, as
Amended
2 Garfield County Comprehensive Plan of 2030, as amended
3 Extension Request from Jon Mueller, Dated August 15, 2017
4 Follow-up email from Jon Mueller, Dated August 16, 2017
5 Staff Memorandum
6 Resolution 2009-52
7 Resolution 2010-61
8 Resolution 2011-43
9 Resolution 2012-38
10 Resolution 2013-45
11 Resolution 2015-50
12 Resolution 2016-46
13
EXHIBIT
I 3
556 Struthers Ave. •Grand Junction• Colorado• 81501 •Phone (970) 242-5370 •Fax (970) 245-7716
August 15, 2017
Garfield County Community Development
Patrick Waller, Planner
108 8th Street, #401
Glenwood Springs, CO 81601
RE: 5 -Mile Ranch Gravel Pit, Resolution Extension Request, Extenuating Circumstances
Patrick & Board of County Commissioners,
Please consider this letter a formal request for a 12-month extension for the SUP Approval for the 5-
Mile Ranch Gravel Pit (formally known as the RTZ Gravel Pit). Elam Construction (Elam) is diligently
working with various agencies, departments, divisions within the State of Colorado as well as Garfield
County. Elam has completed various conditions in order to satisfy the resolution 2009-52 prior to
commencement of operations for the 5 Mile Ranch Gravel Pit. A complete and submitted application for
Colorado Division of Reclamation, Mining and Safety (ORMS) permit was approved on September 22,
2016. The current bond held by the State is $240,629. One major item that has the process on hold in
order to satisfy all the conditions of the resolution is an approved Substitute Water Supply Plan (SWSP)
by the State Engineers Office, Division of Water Resources. This application was submitted in April of
this year. Once we have an approved SWSP we will then have the ability to expose ground water at the 5
Mile Gravel Pit locations in order to excavate the material. Until that time we are unable to satisfy
Condition 6 of the resolution prior to issuance.
This request for an extension is in the best interest of the public and surrounding community. There has
already been several hours dedicated in review and public hearings on the County's behalf as well on
Elam behalf, for this resolution. Also, with the recent change in staff assignment pertaining to this
resolution from former senior planner Ms. Eastley, who was very involved with the process of the
conditions of approval for this resolution. Elam is requesting this extension due to the extenuating
circumstance for the change in staff assignment of this resolution, as well as the outstanding SWSP
application which is under review, therefore would constitute as extenuating circumstances and kindly
request the board of county commissions of Garfield County to consider this request for an extension.
Thank you for your time and consideration.
Please do not hesitate to contact me with any questions,
Kindest Regards,
;:z..L.µ_
Jonathan Mueller
Environmental Compliance Coordinator
Patrick Waller
From:
Sent:
To:
Subject:
Jon Mueller <Jon.Mueller@kilgorecompanies.com>
Wednesday, August 16, 2017 2:27 PM
Patrick Waller
RE: 5-Mile Letter SUP Extension Request 2017 August 15
EXHIBIT
For the most part that is correct, however 8. Floodplain Permit application needs to be submitted, also 25.
Berming, Screening and Buffering Plan has not been submitted to Building and Planning, but is incorporated
into the mining and reclamation plan of the DRMS and SUP which would include conditions also part of
condition 6, 12, 13, 14 for the complete submittal to the County for the mining and reclamation plan. The
SWSP is the biggest hurdle we have right now, the other items should be fairly straight forward with the County
permitting. The strategy would be to have the floodplain and driveway permit most up-to-date prior to
establishing operations at the 5 Mile location. We would like to, and have been trying to complete (mine-out)
and totally reclaim and release the Una Pit adjacent to the 5-Mile Ranch Pit to make a complete transition
without operating in both locations.
Thank you Patrick,
Jon Mueller
Environmental Compliance Coordinator
Kilgore Companies -Colorado Companies
556 Struthers Avenue -Grand Junction, CO 81501
Main: 970.242.5370 -Direct: 970.255.2098 -Mob: 970.261.5782
From: Patrick Waller [mailto:pwaller@garfield-county.com]
Sent: Wednesday, August 16, 2017 2:10 PM
To: Jon Mueller <Jon.Mueller@kilgorecompanies.com>
Subject: RE: 5-Mile Letter SUP Extension Request 2017 August 15
This message originated from outside your organization
Hi Jon,
After looking over your letter, is Condition 6 the only condition that you have not completed?
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 gth Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwal ler@ga rfie ld-county.com
http://www .garfield-cou ntv.com /co m mun ity-development/
1
From: Jon Mueller [mailto :Jon .Mueller@kilgorecompanies.com ]
Sent: Tuesday, August 15, 2017 8:27 AM
To: Patrick Waller <pwaller@garfield -county.com >
Subject: 5-Mile Letter SUP Extension Request 2017 August 15
Good morning Patrick,
I was able to complete this letter requesting an extension the 5 Mile Ranch Gravel Pit sooner than I
anticipated.
Please feel free to give me a call if you have any questions or concerns.
I appreciate your efforts and consideration for this request.
Sincerely,
Jon Mueller
Environmental Compliance Coordinator
Kilgore Companies -Colorado Companies
556 Struthers Avenue -Grand Junction, CO 81501
Main: 970.242.5370 -Direct: 970.255.2098 -Mob: 970.261.5782
2
REQUEST
PROPERTY OWNER
REPRESENTATIVE
LOCATION
I. BACKGROUND
PROJECT INFORMATION
Extension - 5 Mile Gravel Pit
5 -Mile Ranch LLC
Jon Mueller -Elam Sand & Gravel
BOCC 9-5-17
PW
EXHIBIT
Southwest of Parachute, south of the
intersection of CR 300 and SH 6
The Board of County Commissioners conditionally approved a request for "Extraction,
Processing, Storage and Material Handling of a Natural Resource" to allow for a gravel
extraction operation to occur on a 130.5-acre portion of a 1,200-acre property. The
approval was granted at a public hearing held on Monday July 13, 2009 and memorialized
in Resolution 2009-52 (Exhibit 6). The conditions of approval adopted by the Board
include:
2. This approval shall expire if the Special Use Permit has not been issued within
one year of the date of approval of the application. The Special Use Permit shall
expire fifteen (15) years from the date of issuance. If mining operations have not
ceased and reclamation of the site has not been completed to the satisfaction of
Garfield County and the ORMS, the Applicant may request an extension of the
permit be granted by the Board of County Commissioners.
The Board approved a one-year extension to allow additional time for satisfaction of
conditions of approval until July 13, 2011, and memorialized that action in Resolution
2010-61, EXHIBIT 7.
The Board approved a one-year extension to allow additional time for satisfaction of
conditions of approval until July 13, 2012, and memorialized that action in Resolution
2011-43, EXHIBIT 8.
The Board approved a one-year extension , to allow additional time for satisfaction of
conditions of approval until July 13, 2013, and memorialized that action in Resolution
2012-38, EXHIBIT 9.
The Board approved a two-year extension to allow additional time for satisfaction of
conditions of approval until July 13, 2015, and memorialized that action in Resolution
2013-45, EXHIBIT 10.
The Board approved a one-year extension to allow additional time for satisfaction of
conditions of approval until July 13, 2016, and memorialized that action in Resolution
2015-50, EXHIBIT 11.
The Board approved a one-year extension to allow additional time for satisfaction of
conditions of approval until July 13, 2017, and memorialized that action in Resolution
2016-46, EXHIBIT 12.
The Applicant contacted staff after the July 13, 2017 deadline to request an extension. Per
the Garfield County Land Use and Development Code of 2013 as amended, the Board of
County Commissioners may grant an extension of an otherwise expired approval upon a
finding by the BOCC that the failure to file for an extension was due to extenuating
circumstances and that it benefits the public interest to grant the extension.
In the letter requesting an extension the applicant indicated that the extenuating
circumstances included staff change in the Garfield County Community Development
Department and an outstanding Substitute Water Supply Plan that has been applied for
with the Division of Water Resources (Exhibit 3). The applicant has indicated, in a follow-
up email, that they have completed some of the other conditions of approval (Exhibit 4).
II. AUTHORITY
The Board has the authority to grant extensions pursuant to Section 4-101 I. of the LUDC,
which states:
I. Extension of Conditional Approval.
It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the
expiration of a conditional approval, however, the Applicant may request an extension of
the expiration date as follows:
1. Supporting Documentation. Application shall be made to the decision maker
that issued the original approval and shall include a written explanation of
the reasons why the conditions have not been met and the estimated
timeframe in which the conditions will be met or completed.
2. First Extension.
a. Extensions of 1 year may be granted for all conditional Land Use
Change approvals, and Subdivision or Conservation Subdivision
Preliminary Plan approvals.
b. Exemptions and Final Plat approvals may be extended by a period
of 90 days.
3. Additional Extensions. Requests for longer periods of time, or additional time
extensions following the first extension, shall be made to the decision maker
that issued the original approval, prior to the expiration of the current
approval.
4. New Application Required. If an Applicant fails to timely request an
extension as set forth in section 4-101.1., the approval will be void and
the Applicant must submit a new application for the desired Land Use
2
Change or division of land approval notwithstanding the foregoing, the
BOCC may grant an extension of an otherwise expired approval upon
a finding by the BOCC that the failure to file for an extension was due
to extenuating circumstances and that it benefits the public interest to
grant the extension.
IV. BOARD OPTIONS
Considering the excerpt from the LUDC, Section 4-101.1., above, the Board has two
general options.
1. Approve the requested extension. This option would allow the applicant to continue
to work to satisfy the conditions of approval and construct the facility . As requested,
this extension would be granted through July 13, 2018.
2. Deny the requested extension . This option would mean that the approval issued
under Resolution 2009-52 would be void. If the Applicant wanted to pursue the
project they would be required to submit a new application pursuant to the Garfield
County Land Use and Development Code of 2013, as amended. An Application for
an Extraction, Gravel -Land Use Change Permit in the Rural zone district where
this property is located would be required to go through a Major Impact Review .
3
EXHIBIT
G
STA TE OF COLORADO )
)ss
County of Garfield )
At a regular meet ing of Lhe Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners ' Me et in g Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, the 13th day of July A.D. 2009, there were present:
:!..:Jo~h~n~M~art~i:.!.!n -·~------------' Corrunissioner Chairman
Mike Samson, __________ _, Commissioner
Tre s i Houpt ____ _,Commissioner
D on De fo rd • County Attorney
!2~as~si!!::e~C~o:..!..!le~n~1an~------------' Assistant County Attorney
Jean Alberico , Clerk of the Board
Ed Green (a bsent) ______ , County Manager
when the following proceedings, among others were had and done, to-wit :
RESOLUTION NO. 2009-5.2
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR "EXTRACTION, PROCESSING, STORAGE AND MATERIAL
HANDLING OF A NATURAL RESOURCE., FOR GRAVEL EXTRACTION WITHIN A
±130-ACRE LEASE AREA WHOLLY CONTAINED WITHIN A ±1,200-ACRE
PROPERTY OWNED BY SPECIALTY RESTAURANT CORPORATION AND
STOCKTON RESTAURANT CORPORATION DESCRIBED AS THE SE~ OF THE
SE1/4 SECTION 28 AND SECTION 33, TOWNSIDP 7 SOUTH, RANGE 96 WEST OF
THE 6TH P.M., GARFIELD COUNTY
PARCEL NO 'S# 240932400138,· 240932400138; 244706400057; 244706100056;
244512400010;244512300012: 244707200025; 244513100201
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a Special
Use Pennit request for a "Extraction, Processing, Storage and Material Handling of a Natural
Resource" within a property owned by Specialty Restaurant Corporation and Stockton Restaurant
Corporation, Garfield County.
B. The subject parcel is legally described in a deed recorded at Book 1226, Page 677 at
reception number 574813 with the Garfield County Clerk and Recorder and more generally
described as Five Mile Ranch, whose eastern boundary commences at the southwest intersection of
County Road 300 and State Highway 6 & 24 south of Parachute, CO in unincorporated Garfield
County.
C. The subject property is within the J\gdcultural Residential Rural Density (NR/R/D) zone
district, where such use is permitted as a Special Use .
D. The Board of County Commissioners considered the question of whether to refer the
application to the Pla1Jning Commissfon at a public meeting heJd on January 19, 2009 when the
Board referred for Planning Commission review and recommendation.
E. The Plaruling Conunission held a public hearing on the 25 th day of March, 2009 to
consider the application and dete1mine a recommendation to the Board of County Commissioners
upon the questi.on of whether the above-described SUP should be granted or denied, during which
hearing the public and interested persons were given the opportunily to express their opinions
regarding the issuance of said SUP.
F. The Board of Colllty Commission ers opened a public hearing on the l 5t day of June~ 2009
and continued the hearing until 13th of July, 2009 when the question of whether the above -described
SUP should be granted or denied was considered , and during which hearing the public interested
persons were given the opportWJity to express their opinions regarding the issuance of said SUP.
E. The Board of County Conunissioners closed the pubJic hearing on the 131h of July, 2009 to
make a decision regarding the request.
F. The Board on the basis of substantial competent evidence produced at the aforementioned
hearing, has made the following detenninations of fact:
1. Proper posting and public notice were provided as required for the meeting before the
Board of County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and
complete, that all pertiocot facts, matters and issues were submitted and that all interested
parties were heard at that meeting.
3. The above stated and other reasons, the proposed special use pennit has been
determined to be in the best interest of the health, safely, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County,
4. The application has met the requirements of the Garfield County Zoning Resolution
of 1978, as amended.
2
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RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. A Special Use Permit for a "Extraction, Processing, Storage and Material Handling of a
Natural Rcsource 11 for a gravel extraction project to be limited to a± 130 -acre lease area on a
±1 ,200-acre property, (said lease area being described in attached Exhibi t A and graphically
shown in 1he approved mining plan attached as Exhibit B), in Garfield County is hereby
approved subject to compliance with the following conditions:
1. All material representations made by the Applicant and their representatives in the
applie<ttion or during the public hearing must be adhered to as condition s of approval
unless otherwise stated by these conditions.
2. This approval shall expire if the Special Use Permit has not been issued within one
year of the date of approval of the application. The Special Use Permit shall expire
fifteen (15) years from the date of issuance. If mining operations have not ceased and
reclamat ion of the site has no t been completed to the satisfaction of Garficl<l County
and the DRMS, the Applicant may request an extension of the permit be granted by
the Board of County Commissioner.~.
3. The operation of this activity must comply with all local, state and federal
requirements.
4. Hours of Operation related to rnining activity shall be limited to 7 a.m. to 8 p.m.
Monday through Saturday with crushing, digging, and heavy hauliog allowed from
7:00 a.m. to 6 p.m. allowing for administrative and maintenance activities to talce
place until 8:00 p.m.
5. The site is required to comply with the recommendations contained in the Noise
Assessment Report prepared by EDI, Inc. as follows:
a. Noise control methods such as barriers or berms using overburden or stockpiles
may mitigate the noise emissions from stationary equipment;
b. AH equipment operated by the Applicant will be fitted w)th noise control devices
such a'l mufflers, intake silencers, baffles and screens that are equal to or better
than manufacturer's original configurations.
c. Customer's haul trucks shall not exceed the noise limits listed in CRS 25-12-107.
The Applicant or the Applicant's pit operator may monitor the noise emissions
3
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of the Customer's haul trucks and prohibit theit: access to the pit until they are in
compliance with the noise em1ssion limits.
d. All of the Applicant's mobile equipment used at the pit shall be fitted with the
"White Noise" Hackup Alanns that have been installed and adjusted to meet the
requirements set forth by the U.S. Department of Labor, Mine Safely and Health
Administration (MSHA).
6. Prior to issuance of the Special Use Permit copies of the following pennits, or
sufficient demonstration thereof, must be submitted to the Building and Planning
Department and said permits must be consistent with the approvals granted herein:
a. Well Pennits consistent with the Court Decree of Case No. 07CW88 (including
application for variance approval to the Board of Examiners for Water Well
Contracts) and satisfactory to allow for construction and on-going maintenance of
ponds associ ate d with reclamation of the site;
b. Division of Reclamation and Mine Safety 112 Permit and reclamation plan;
c. State Highway Access Penn it, unless the Board of Co unty Commissioners would
change policy and be the applicant for the State Highway Access Pe1mit;
d. Garfield County Road & Bridge driveway pe1mit;
e. The general mining Air Pollution Emission Notice (APEN);
f. The dust mitigation plan Air Pollution Emission Notice (APEN);
g. The cru shing and screening equipment (individual) Air Pollution Emission
Notice (APEN);
h. If necessary, an Air Emission Pe1mit related to mining operations that produce
greater than 70,000 tons per year; ~
f ~.. process Water and Stonnwate~ Discharge Pennits; > "SlNM p -t-c:h S \i Construction De-watering Permit. ~
Any person at any time can call the following agencies directly and request an
inspection if they believe a condition of that agencies permit is being vi .olated:
CDPHE-Air Quality Control 303-692-3150
CDPHE Water Quality Control 303-692-3500
US Army Corps of Engineers 970-243-1199
Division of Reclamation and Mine Safety 303-866~3567
Colorado Department of Transportation 970-248-7000
7. Prior to issuance of the Special Use Pennit the Applicant shall submit affidavits from
water, wastewater and waste disposal companies for service compliant with the
approvals granted herein.
8. A Floodplain Pennit is required prior to issuance of the Special Use Pennit.
9. All operational activities including, but not limited to, office space, employee
parking, fuel storage, sanitation facilities and equipment storage shall be limited in
4
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location to that area which is identified on the site plan as the Facilities Area.
10. Pursuant to the recommendation of the Colorado Division of Wildlife on-site refuse
containers must be bear-proof.
11. The site must adhere to the recommendation of their wildlife biologist as follows:
a. Lighting -excessive or nighHim~ lighting is not recommended in order to
allow big game use of the area:
b. Roads -· Minimize fencing along the road.'>· and remove old, non-functional
fences to facilitate movement and retaining walls should minimized;
c. Fences specifications and requirement for snow fencing or silt fencing;
d. Landscaping and Revegetation Since the area is used as winter range and
critical winter range , the reclamation of I he site will need to occur using
native plan species and vegetafion profiles. Revegelation should occur as
soon as possible with planting in the spring recommended due to big game
having left the area.
e. Dogs -Dogs should be under leash control.
12. In any mining phase, the mined slope length will be backfilled at a minimum of
3H: 1 V prior to topsoiling and seeding.
13. The amount of mined slope allowed to be present that is not backfilled at any given
time is 1000 feet.
14. The amount of backfilled slope that is not topsoiled is limited to 400 feet. Topsoiling
is required on all surface areas down to 5.0' below expected water level.
15. Seeding and mulching according to the approved plan will occur on all topsoiled
areas eac h spring (March J 5-April 15) or fall (September l 5 to November 15) no
matter how small the area is.
16. The mining operations shall be allowed lo progress so long as the prior phase has
been reclaimed within 6 months after commencement of the new phase of mjning
operation. If the reclamation has not commenced in six months, or if reclamation has
not been completed within 18 months, all mining operations on the property shall
stop until the reclamation I rcvegetation has occurred to the satisfaction of the
County. Completion, including but not limited to top-soiling, seeding, mulching,
sapling planting, and water filling the lake(s) shall be detennincd by the provisions
contained within the reclamation plan approved by the Board of County
Commissioners.
17. The operator will submit an annual report to the County Building and Planning
5
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Department with OPS measurements shovm on a map showing the current
disturbance, w hat areas have been backfilled, where topsoil stockpiles are located,
all site structures, what areas have been seeded, mulched ru1d what is planned for the
ensuing 12 months.
18. The County commits to notifying the operator of any compliance concern and allows
an inspection with site personnel and the designated County inspector prior to
contacting any agency.
19. The County can request a site inspection with one day's notice to the operator. Full
access to any part of the site will be gran1ed . On request, all paperwork must be
shown. The CoWlty cannot request a large number of inspections U1at would interfere
with normal operation without cause.
20. The County will be invited to any bond release inspection of the State Division of
Reclamation and Mine Safety. The County inspector will have the opportunity to
demonstrate that any item of the permit has not been complied with El!ld that the bond ,;"
should not be released.
21. The Operator acknowledges that the County has perfonnance standards in place that
could lead to revocation of the Speeial Use I>ermit if continued violations of the
permit occur over a period of time.
22. The reclamation approved by Garfield County in the Special Use Permit shall be
resubmitted to the DRMS to become the only reclamation plan (tasks I timetable) use
by both the CoWlty and DRMS. Additionally, a bond shall need to be calculated to
cover this plan and secured with ORMS to cover its implementation.
23. The Applicant shall provide locations of County listed noxious weeds on a map.
Once the inventory is provided tJ1e Applicant shall develop a weed management plan
that addresses all County-listed noxious weeds found on site. This weed
management plan shall be submitted to the County Vegetation Manager for approval
prior to the issuance of the Special Use Permit.
24. Prior to issuance of the Special Use Permit the Applicant shall submit evidence of
insurance for a minimum of $1,000,000 to cover any damages to public and private
property, and Garfield County shall be named as an additional insured.
25. A Berming, Screening and Buffering Plan shall be submitted to Building and
Planning prior to the Board of County Commissioner public hearing on this
application. This information is currently contained in various areas within the
submittal docwnentation however staff requests one document, entitled as above,
containing the related information.
6
26. The Resolution and Special Use Pennit issued for the RTZ Gravel Pit shall
supersede and replace in its entirety Resolution No. 81-227 which will in effect no
longer be valid .
Dated this 610 ~day of ~ ... AD. 2o_Qj_.
ATTEST: COUNTY BOARD OF
S, GARFIELD COUNTY,
Upon motion duly made and seconded the for going R solutio
following vote:
COMMJSSIONER CIWR JOHN F . MARTIN , Aye
COMMlSSIONER MIKE SAM.S=O=N_,__ ___________ __,Aye
COMMISSIONER TRESI HOUPT _ _, Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex-officio Clerk of the Board of
CoWlty Commissfoners, in and for the County and State aforesaid, do her eby certify that the annexed
and foregoing Resolution is truly copied from tl1e 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.O. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
7
-Oivision of Reclamation Mining & Safety
Pcrmil Applicallon
EXHIBIT A
RTZ INDUSTRIAL
SAND & GRAVEL MINING OPERATION
GARFIELD COUNTY, COLORADO
6.4.1 EXHIBIT A-Legal Description
A PARCEL OF LAND SITUA TED IN SE1/4SE1/4 OF SECTION 26 AND IN SECTION 33, TOWNSHIP 7
SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF GARFIELD , STATE
OF COLORADO ; SAID PARCEL BEING MORE PAIHICULARL Y DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33, A BLM CAP IN PLACE, THE
POINT OF BEGINNING; THENCE S00"01'55"E ALONG THE EASTERLY BOUNDARY OF SAID
SECTION 33 A DISTANCE OF 1,369.44 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY
S17"45'22."W ALONG THE WESTERLY RIGHT-OF-WAY OF UNA ROAD A DISTANCE OF 1,065.87
FEET TO A POINT IN THE CENTER OF THE COLORADO RIVER, AS DEFINED IN BOOK 602 AT
PAGE 964 OF THE GARFIELD GOUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG SAID
CENTERLINE AS DEFINED, N69°04'13'WA DISTANCE OF 1, 170.74 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S65°15'21"WA DISTANCE OF 324,97 FEET; THENCE CONTINUING
ALONG SA~D CENTERLINE S59"20'30"WA DISTANCE OF 316.71 FEET ; THENCE CONTINUING
ALONG SAID CENTERLINE S48°53'02"W A DISTANCE OF 337.31 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S20°46'48"W A DISTANCE OF 328.61 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S11 "57'01 "WA DISTANCE OF 859. 10 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S64"03'25"WA DISTANCE OF 1,512.73 FEET; THENCE LEAVING SAID
CENTERLINE N55°52'00'W A DlSTANCE OF 326.96 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD; THENCE N34"08'00"E ALONG SAID
SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 2,309.28 FEET; THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 3,080.15
FEET AND A CENTRAL ANGLE OF or4B'46", A DISTANCE OF 420.03 FEET, (CHORD BEARS
N37"12'54"E A DIST ANGE OF 419. 70 FEET) TO A POINT ON THE NORTH-SOUTH CENTERLINE OF
SAID SECTION 33; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N00°19'12"WALONG SAID
NORTH-SOUTH CENTERLINE A DISTANCE OF 73.67 FEET; THENCE LEAVING SAID CENTERLINE
AND CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 2,615.06 FEET AND A CENTRAL ANGLE OF 12°14'22", A DISTANCE OF
601.36 FEET, (CHORD BEARS N48°41'42"E A' DISTANCE OF 600.21 FEET); THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY N55"08'54"E A DISTANCE OF 98.96 FEET; THENCE CONTINUING
ALONG SAID RIGHT .. QF-WAY N55"29'00"E A DISTANCE OF 2, 142.73 FEET TO A POINT ON THE
NORTHERLY BOUNDARY OF SAID SECTION 33; THENCE CONTINUING ALONG SAID RIGHT-OF-
WAY N87"19'01"E ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 94.82 FEET; THENCE
LEAVING SAID NORTHERLY BOUNDARY AND CONTINUING ALONG SAID RIGHT-OF-WAY
N55°29'00"E A DISTANCE OF 299 .37 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID
SECTION 28; THENCE LEAVING SAID RIGHT-OF-WAY S01"57'23"EALONG SAID EASTERLY
BOUNDARY A DISTANCE OF 157 .92 FEET TO THE POINT OF BEGINNING; SAID PARCEL
CONT Al NING 130.558 ACRES, MORE OR LESS.
Oivi~lon ot Reclamation Mining & Sa(e1y
P ennit AppliC<J lion
MINE MAIN ENTRANCE
RTZMINE
LATITUDE -39°24'02"N
LONGITUDE -108° 6'17"W
DATUM-NAO 83iWGS84
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CARFIELD COUNTY ASSESSOR I
200-~24 -00-1 ~8
PROPERTY LUSE I< APPLICANT:
R1'Z INDUSUIAL lLC,
I 011 GftAND A\.'£NUF.:
GUNlfCOO SPH1fllCS. CO 6160]
PMPERTV H~E•:
5PtCIALD' RESTAURANT
CORPORATION A< STOCKTON
RtSTAUIU~T CORroRATION
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EXHIBIT B
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[OCE OF WATER su~r ~CE
OVUI H(AO P'O\\IER LIN[
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RlZ PROJECT BOJNDARY
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SHEET NO
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1111 wr. ~!n1M,i~'tf.¥4.~.L-tr.W!rll!W.l~i\~111 11111
Re~ept1on#: 769881
08/11(2010 08 :23 :19 RI'! Jean Al borlco
1 o f 3 Rec Feo 1$0 .00 Ooc Fee :0 .00 GARFI ELD CO UNTY CO
EXHIBIT
I
STATEOFCOLORADO )
)ss
Cowity of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield Cowity Plaza Building, in
Glenwood Springs on Monday, the 2nd day of August, 2010, there were present:
John Martin , Commissioner Chainnan "-'Mik=e=S=a=m=so=n---------'-------. CommiSsioner
~T=res=i~H=o=u_p~t ________________ .Commissioner
""'De.::bo=rah=-cOuint"'-=·=-1 ____________ _,, Assistant County Attorney
;::..:Je=an=-=-'AlJ=be=ri=co=----------------"'" Clerk of the Boanl
=&l=--=Green"'-"-'=-'"(ab=se=n=-t) _____________ , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTIONNO. 2010-61
A RESOLUTION CONCERNED WITH EXTENSION OF A SPECIAL USE PERMIT
FOR TIIB RTZ GRAVEL PIT, TO ALLOW FOR AN ADDITIONAL ONE-YEAR TO
SATISFY CONDIDONS OF APPROVAL. THE SITE IS OWNED BY SPECIAL TY
RESTAURANT CORPORATION AND STOCKTON RESTAURANT
CORPORATION AND LOCATED AT TIIE INTERSECTION OF CR300 AND SH 6,
SO~STOF TIIE TOWN OF PARACHUTE, GARFIELD COUNlY
PARCEL NO.'S 2409-324--00-138; 2447--064-00-057; 2447-061~00-056;
2445-124-00-010; 2445-123--00-012; 2447--072-00-025; 2445-131-00-201
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners (Board) is authoriz.ed to act
B. On 2'd day of August, 20 l 0, the Board of County Commissioners opened a
public meeting upon the question of whether to grant a one-year extension to satisfy the
conditions of approval for a Special Use Permit approved on July 13 , 2009. The Board
oonsidered whether the requested extension should be gran~ granted with conditions,
or denied at which meeting the public and interested persons were given the opportunity
to express their opinions regarding the issuance of said extension.
C. The Board of County Commissionel'S closed the public meeting on the 2nd day
of August, 2010, and acted on the basis of substantial competent evidence produced at the
aforementioned bearing.
--------··-··. ·---··· -·-'
3
1111 rt'r• J~1M,i'>iM ~Lllrrff.11\h:Hit lil.~1 111111 Rece ptiontt: 789881
08/11/2010 08:23 ;19 RM Jeah Rlberico
2 o f 3 Ra o Faa :S0 .00 Doc Fee :0 .ee GRRFlELO COUNTY CO
D. Th.e Special Use Permit for the "Extraction, P~ssing, Storage and Material
Handling of Natural Resources" for the RTZ Gravel Pit was conditionally approved on
July 13, 2009 1Dlder Resolution No. 2009·52 for real property described in the document
recorded at Reception Number 574813 in the records of the Clerk and Recorder, Garfield
Cowity, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and 1he Condition 2. of Resolution 2009-52, the approval was effective for a
period of one year, with the allowance for the applicant to request an extension of one
year to complete conditions of approval.
F. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the dead.line to satisfy conditions of
approval for one year, to July 13 lh, 2011.
Resolution
NOW, TIIEREFORE ~ BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extension of approval of a Special Use Permit was made
consistent with the requirements of the Garfield County Unified Land Use
Resolution of 2008, as amended.·
C. The public meeting before 1he Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interest~ parties were heacd at that hearing.
D. The requested extension is in compliance with the Land Use Resolution of 2008,
as amended.
E. The ~uested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
F. A motion was made to approve a one-year extension for the Applicants to satisfy
the conditions of approval contained in Resolution 2009-52.
Dated this 'f ~ day of~ , A.D. 2010.
1111 W.i.W!n1~VU"1'-lr'I' ~1,1-1~~1nl~il.WJi ·*"' 11111 Receptionn : 78988 1
0Bf11/2.0 10 09 :23:19 AM J ean Al b11rloo 3 nl 3 Roe foe ,$0 .0 0 Coo Fae :0 .00 GflRFIELO COUNTY CO
A TIEST: GARFIELD CO JN1~-ft'lltl~
COUNTY, COLORADO
Upon motion duly made and seconded the foregoing
following vote:
, GARFIELD
~J~o=hn==M=artm==·"'-~~~~~~~~~~~~~~~~~~~_.Aye
_Milc=·=·=e~S=amso===n=-~~~~~~~~~~~~~~~~~~~~Aye
_T=res==i ~H=o=up~t=--~~~~~~~~~~~~~~~~~~~___,,.Aye
STATE OF COLORADO
County of Garfield
)
)ss
)
I, County Clerk and ex-0fficio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that
1he annexed and fo regoing 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 Wl1NESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this __ day of AD. 2010
County Clerk and ex-<>fficio Cleric of the Board of County Commissioners
1111 ~~ ~:n1l'IJ.'.fti.Hi.t h'lt lrWM',ttrrM ~11~~·11111 I
Reception#: 808!157
09116/2011 119:33 :12 AM Jean FUberico .
1 of 3 Rea Fee :S0 .00 Ooo ·Fee :0.0@ GARFIELD COUNTY CO
EXHIBIT
STA TE OF COLORADO ) I B
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in.the Commissioners' Meetin:g ·Rooni, Garfield County Plaza Building, in ·
Glenwood Springs on Monday the 8th day of August, 2011, there were present:
.::.:Jo=hn==-M=artin=·=----------------'-Commission Chairman
~Milc~:2::e~S~am~s~on~-------------'' Commissioner
~T=om..,· ,_,,,J=an.k==o""'vs,.,,,k._.y _____________ , Commissioner
=D=re:::...:w""-=G=or=g=ey..__ _____________ , County Attorney
.:::::C=ar=-e'-'-v~G=a=gn=o=n,__ ________ ......,.. __ __,, Assistant County Attorney
=Je=an=-=-A=lb=er=i=co""'--------------' qerk of the Board
~TI=d~Gr=ee=n.._.(=ab=s=cnt=·.._) _ ___, _________ _,, County Manager
when the following pr?ceedings, among others were had and done, to-wit:
RESOLUTION NO. 2011-43
A RESOLUfION GONCERNED WITH THE SECOND EXTENSION OF A SPECIAL
USE PERMIT FOR THE RTZ ORA VEL PIT, TO ALLOW FOR AN ADDITIONAL
ONE-YEAR TO SATISFY CONDITIONS OF APPROVAL. THE SITE IS OWNED
BY 5-l\flLE RANCH, LLC AND IS LOCATED AT THE INTERSECTION OF CR300
AND SH 6, SOUTHWEST OF THE TOWN OF PARACHUTE,.GARFIELD COUNTY
PARCEL NO.'S 2409-324-00-138; 2447-064-00-057; 2447-061-00-056;
2445-124~00-010; 2445-123-00;.012; 2447-072-00-02$; 2445-131-00-201
Recitals ·
A Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners is authorized to act.
B. One the 8th day of August, 2011, the Board of County Commissioners . opened
a public meeting upon the question of whether to grant a second one-year extension to
satisfy the conditions of approval for a Special Use Permit approved on July 13, 2009.
The Board considered whether the requested extension should be granted, granted with
conditions, or denied at which meeting the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said ~xtension.
C. The Board of County Commissioners ciosed the public meeting on the 8th day
of August, 2011, and acted on the basis of substantial competent evidence produced at the
aforementioned hearing.
· 1111t'.i.~:n1rv,.Plt'.hawr.1~L1-.rr.~~~rrH~.*·~ 11111
ReeeptJonlt: 806667
08116/2011 09:33 :12 A~ Jean Rlber1oo
2 of 3 Ra e ~ee :$2l .00 Doc Fee:0.00 GARFIELD COUNTY CO
D. The Special Use Permit for the "Extraction, Processing, Storage and Material
Handling of Natural Res01.µ-ces" for the RTZ Grave) Pit was conditionally approved on
July 13", 2009 under Resolution No. 2009-52 for real property described in a · Special
Warrantjr Deed.recorded at Reception Number 776887 in :the records of the Clerk and
Recorder, Garfield County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
ainended, and Condition 2. of Resolution 2009-52, the approval was effective for a period
·of one year, with the allowance for the applicant to request an eKtension of one year to
complete conditions of approval.
· · F. The Board of County Commissioners ru;1d ~public meeting on August 2, 2010
· to consider a request to extend the timeftame to satisfy the conditions of approval for a
period of one year, until July 13, 2011. The approval of the one-year extension is
memorialized in Resolution 2010-61. '
F. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the · Applicant filed a request .to extend the time period to satisfy conditions of
approval for an additioD:81 one ye.ar, to July t3ih, 2012. ·
·Resolution
NOW, THEREFORE, BE . IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, t~at:
A. , The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extension of approval of a .Special Use Permit was made
~nsistent with the requirements of the Garfield County Unified Land Use
'Resolution of2008, as amended. ·
C. The public meeting before the Board of County Commissioners was extensive
and. complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing. ·
. D. The requested extension is in compliance with the Land Use Resolution of 2008,
as amended. .
E. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
F. A motion was made to approve a second. one-year extension for the Applicants to
satisfy the conditions ·of approval contained in Resolution 2009-52 until July 13.
2012.
l -s-~ f11o1~._J.. Dated this day of~ , A.D. 2011.
. -
ATTEST: GARFIELD COUNTY ,B ... ~.LI.J
COUNTY, COLORADO
Upon motion duly made
following vote:·
...:J~o!!!hn!!.. l!M!!lamn~· L.......----~~m'.!~=------------' Aye
~·Mik~·~e~S~am==so~·~n--....-------------------•Aye
_T~o=m=.:..J=ao=k=o~vsky==------~----------------''Aye
STATE OF COLORADO
County of Garfield
)
)ss
)
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 Conaty, now fumy 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. 2011
County Clerk and ex-officio Clerk of the Board of County Commissioners
1111 l'r.i.l'i'1~,'11'1'l~fW.I~' ~Err¥/l~r+Kl~«.*1 I 11111
Reception~: 818706
05/16/2012 11 :09 :14 RM Jean Albarioo 1 or a Rec Fe•:$0 .00 Doc Fee:0.00 GRRFIELD COUNTY CO EXHIBIT
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 14th day of May, 2012, there were present:
"'"'Jo=hn==-=-M=artm=·=----------~· Commission Chairman
Mike Samson Commissioner ====-=====-----------'
-=-To=m=--=-J=ank=o-'-;v=sk""'y ________ _,, CommissiOner
=Dr=e=...:cw-"--. G==or""'g=ey.L...-________ --2. County Attorney/Acting County Manager
-=C~ar ..... e..._y-'G""'"a""'g=no~n~-------~· Assistant County Attorney
_Je_an_A~lbe~r~ic_o ________ ~, Clerk of the Board
when the following proceedings, among others were had and done, to~wit:
RESOLUTION NO. 1/olJ.-3~
A RESOLUTION CONCERNED WITII GRANTING A ONE-YEAR EXTENSION TO
SATISFY CONDITIONS OF APPROVAL REQUIRED ~y TIIE SPECIAL USE
PERMIT GRANTED FOR "EXTRACTION, PROCESSING, STORAGE AND
MATERIAL HANDLING OF A NATURAL RESOURCE" FOR THE RTZ ORA VEL
PIT. THE SITE IS OWNED BY 5-MILE RANCH, LLC AND IS LOCATED AT THE
INTERSECTION OF CR300 AND SH 6, SOUTHWEST OF THE TOWN OF
PARACHUTE, GARFIELD COUNTY
PARCEL NO.'S 2409-324-00-138; 2447-064-00-057; 2447-061-00-056;
2445-124-00-010; 2445-123-00-012; 2447-072-00-025; 2445-131-00-201
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners is authorized to act.
B. On the 14th ci8.y of May, 2012, the Board of County Commissioners opened a
public meeting upon the question of whether to grant a third one-year extension to satisfy
the. conditions of approval for a Special Use Permit approved on July 13, 2009. The
Board considered whether the requested extension should be granted, granted with
conditions, or denied at which meeting the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said extension.
C. The Board ·of County Commissioners closed the public meeting on 14th day of
May, 2012, and acted on the basis of substantial ~ompetent evidence produ~ at the
aforementioned meeting.
lllllri1il'i~1~.'1MW.M1iWW l~~ll~fft'(IM*·~ 11111
Reception~: 618706
06 11 512012 11:09 :14 RM Jean Alberico 2 of 3 Rec Fee :$0 .00 Doc Fee :0 .00 GRRFIELD COUNT~ CO
. D. The Special Use Permit for the "Extraction, Processing, Storage and Material
Handling of Natural Resources" for the RTZ Gravel Pit was· conditionally approved on .
July 13, 2009 tinder Resolution No. 2009-52 for re.al property described in a Special
WatTanty Deed recorded at Reception Number 776887 in the records of the Clerk and
Recorder, Garfield County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and Condition 2. of Resolution 2009-52, the approval was effective for a period
of one year, with the allowance for the applicant to request an extension of one year to
complete conditions of approval.
F. The Board of County Commissioners held a public meeting on August 2, 2010
to consider a request to extend the time.frame to satisfy the conditions of approval for a
period of one year uritil July 13, 201 L The approval of the one-year extension is
memorialized in Resolution 20 l 0-61.
. G. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13 ti>, 2012.
H. The Board of County Commissioners held a public meeting on August 8, 2Q 11
to consider a request to extend the timeframe to satisfy the conditions of approval for a
" period of one year, until July 13, 2012. The approval of the one-year extension is
memorialized in Resolution 2011-43.
1. In accordance with the (J'arfield County Land Use Resolution of 2008, as
amended , the Applicant filed a request to extend the time period to satisfy conditions of
approval for~ additional one year, to July l31h, 2013. .
Resolution
NOW,. THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extensfon of approval of a Special Use Permit was made
consistent with the requirements of the Garfield County Unified Land Use
Resolution of2008, as amended.
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
D. The requested extension is in compliance with the Land Use Resolution of 2008,
as amended.
E. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
F. A motion was made to approve a third one-year extension for the Applicants to
satisfy the conditions of approval contained in Resolution 2009-52 until July 13,
2013.
" "± crvt. · Dated this I 4 day of ~ A.D. 2012.
ATTEST: GARF'IELD COUNTY Ileii~~lif.
COUNTY, COLORADO
Upon motion duly made and seconded the fore oing e
following vote:
STATE OF COLORADO
County of Garfield
)
)ss
)
I,' County Clerk and ex-officio Cl~rk 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 Conunissioners for said Garfield County, now in niy office . ..
IN WITNESS WHEREOF, I have hereunto set my hand and affixed th~ seal of said
County, at Glenwood Springs, this __ day of , A.D. 2012
County Clerk and ex~officio Clerk of the Board of County Commissioners
EXHIBIT
STATEOFCOLORADO ) \0
)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 15th day of July, 2013, there were present:
""Jo,.,.hn==-=M=art=i=n'-------------" Commission Chairman
=Mi=·=ke"'-=Sam=s=-=o=n=-----------~· Commissioner
_,,_T=om=.,__,,J=ank=o::...:v-=sk=cy,____ _______ _,, Commissioner
=-Fred~~J~ann=a=n~--------~· Acting County Manager
=-F=rank=~H=u=tfl=e=s=s __________ , County Attorney
"""C=ar=e:...v--=G=a=gn=o=n=----------' Assistant County Attorney
:..:Je=an=..::.A=l=be=r=ic=o __________ , Clerk of tht: Board
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. ::>.OJ 3·-L/5
A RESOLUTION CONCERNED WITH GRANTfNG A TWO-YEAR EXTENSION TO
SATISFY CONDITIONS OF APPROVAL REQUJRED BY THE SPECIAL USE
PERMIT GRANTED FOR "EXTRACTION, PROCESSING, STORAGE AND
MATERIAL HANDLING OF A NATURAL RESOURCE" FOR THE 5-MILE
GRAVEL PIT. TIIE SITE IS OWNED BY 5-MILE RANCH, LLC AND IS LOCATED
AT THE INTERSECTION OF CR 300 AND SH 6, SOUTHWEST OF TIIE TOWN OF
PARACHUlE, GARFIELD COUNTY
PARCELNO.'S 2409-324-00-138; 2447-064-00-057; 2447-061-00-056;
2445-124-00-010; 2445-123-00-012; 2447-072-00-025; 2445-131-00-201
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of Cowity Conunissioners is authorized to act.
B. On the 15th day of July, 2013, the Board of County Commissioners opened a
public meeting upon the question of whether to grant an additional one-year extension to
satisfy the conditions of approval for a Special Use Permit approved on July 13, 2009.
The Board considered whether the requested extension should be granted, granted with
conditions, or denied at which meeting the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said extension.
C. The Board of County Commissioners closed the public meeting on 15th day of
July, 2013, and acted on the basis of substantial competent evidence produced at the
aforementioned meeting .
0. The Special Use Permit for the "Extraction, Processing, Storage and Material
Handling of Natural Resources" for the RTZ Gravel Pit was conditionally approved on
July 13, 2009 under Resolution No. 2009-52 for real property described in a Special
Warranty Deed recorded at Reception Number 776887 in the records of the Clerk and
Recorder, Garfield County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and Condition 2. of Resolution 2009-52, the approval was effective for a period
of one year, with the allowance for the applicant to request an extension of one year to
complete conditions of approval.
F. The Board of County Commissioners held a public meeting on August 2, 2010
to consider a request to extend the tirneframe to satisfy the conditions of approval for a
period of one year, until July 13, 2011 . The approval of the one-year extension is
memorialized in Resolution 2010-61.
G. ln accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th 2012.
H. The Board of County Commissioners held a public meeting on August 8, 2011
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, Witil July 13, 2012. The approval of the one-year extension is
memorialized in Resolution 2011-43.
I. In accordance with the Garfield County Land Use Resolution of 2008 , as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13 th, 2 013.
J. The Board of County Commissioners held a public meeting on May 14, 2012 to
consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2013. The approval of the one-year extension is
memorialized in Resolution 2012-38.
I. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13 th, 2014.
Resolution
NOW, TIIEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
11111111'.I. ~~1~1\Mt~l.W,M'~ llfi~r:l«~lfll'~ .~·i 11111
R ecepti on~; 838003
0 7/15/2013 03:57 .54 PM Jean Alberico 3 ol 4 Rec Fee •SO 00 Doc Feec0.00 G~RF!ELD COUNTY CO
A. The forgoing Recitals are incorporated by this reference as part ofthis Resolution.
B. The request for extension of approval of a Special Use Permit was made
consistent with the requirements of the Garfield County Unified Land Use
Resolution of 2008, as amended. ·
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
D. The requested extension is in compliance with the Land Use Resolution of 2008,
as amended.
E. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
F. A motion was made to approve a fourth extension for a period of two years to
enable the Applicants sufficient time to satisfy the conditions of approval
contained in Resolution 2009-52, until July 13, 2015.
Dated this I~"'!-day o~.... , AD. 2013.
I
ATTEST: GARFIELD COUNT GARFIELD
COUNTY, COLORADO
Upon motion duly m
following vote:
~J~o=hn=-".Mart====in...__ ______________________ ,Aye
-=Mik=e=--=S=am=so .... n..___ _____________________ , Aye
_T-!.!!;om......._,J~ank=-=o~v~s~k~Y--------------------~·Aye
STATE OF COLORADO
County of Garfield
)
)ss
)
lilll 1'1\•.i. ~~1~'1'iMiJ-~ .~/1 !-fl"tl~,.~"1\'~if:lr(I ~11~ 11111
Receptiontt : 838003
07/15/2013 03 :57 :&4 PM Jean Alberico
4 oF 4 Rec Fee $0 .00 Doc r .,e :D 00 GARFIELD COUNTY CO
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.O . 2012
County Clerk and ex-officio Clerk of the Board of County Commissioners
llll l~_.,"9~l~MN\\W1t~;~~ l'1VWiitM~~fYblL~diw. 11111
Reception~: 867727
0910912015 11:17 :4C AM Jean Albe~lcD 1 of 4 Raa Fae :$0 .00 Ooo Fee10.00 GARFIELD COUNTY CO
EXHIBIT
STATE OF COLORADO )
\ I
)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 Tuesday, the gth day of September, 2015, there were present:
""'Jo..,.hn ........ M=art=.-in.__ _________ • Commission Chairman
=Milc=·=e~S~am=s=on...__ _______ ___... Commissioner
T ...... o~m .......... I=an=k~o~vs=k.,..y ________ , Commissioner
.::..:K=e-'-'vi=n.-B ... a=tc=h=el=de=r ________ ., Acting County Manager
..:.T=an=· ....;..W;;...::i=llt=·ams=---------'' Acting County Attorney
=K=el...,Iy,_~..,_..av .... e.._ _________ ,, Assistant County Attorney
:.:Je=an=.=..A=lb=e=ri=c""o _________ ,,Clerk of the Board
when the following proceedings, among others were had and done, to-wit:
RESOLUTION N0 . .12.()/.fkg;t}
A RESOLUTION CONCERNED WITH GRANTING A ONE-YEAR EXTENSION TO
SATISFY CONDITIONS OF APPROVAL REQUIRED BY THE SPECIAL USE
PERMIT GRANTED FOR "EXTRACTION, PROCESSING, STORAGE AND
MATERIAL HANDLING OF A NATURAL RESOURCE" FOR THE 5-MILE
ORA VEL PIT. THE SITE IS OWNED BY 5-Mil..E RANCH, LLC AND IS LOCATED
AT THE INTERSECTION OF CR 300 AND SH 6, SOUTHWEST OF THE TOWN OF
PARACHUTE, GARFIELD COUNTY
PARCEL NO. 'S 2409-324-00-138; 2447-064-00-057; 2447-061-00-056;
2445-124-00-010; 2445-123-00-012; 2447-072-00-025~ 2445-131-00-201
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the BoDrd of County Commissioners is authorized to act.
B. On the 81h day of September, 2015, the Board of County Commissioners
opened a public meeting upon the question of whether to grant an additional one-year
extension to satisfy the conditions of approval for a Special Use Permit approved on July
13, 2009. The Board considered w~ether the requested extension should be granted,
granted with conditions, or denied at which meeting the public and interested persons
were given the opportunity to express their opinions regarding the issuance of said
extension.
C. The Board of County Commissioners closed the public meeting on 8111 day of
September, 2015, and acted on the basis of substantial competent evidence produced at
the aforementioned meeting.
b. The Special Use Permit for the "Extraction, Processing, Storage and Material
Handling of Natural Resources" for the RTZ Gravel Pit was conditionally approved on
July 13, 2009 under Resolution No. 2009-52 for real property described in a Special
Warranty Deed recorded at Reception Number 776887 in the records of the Clerk and
Recorder, Garfield County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and Condition 2. of Resolution 2009-52, the approval was effective for a period
of one year, with the allowance for the applicant to request an extension of one year to
complete conditions of approval.
F. The Board of County Commissioners held a public meeting on August 2, 2010
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2011. The approval of the one-year extension is
memorialized in Resolution 2010-61.
G. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for nn additional one year, to July 13 111, 2012.
H. The Board of County Commissioners held a public meeting on August 8, 2011
to consider a request to extend the tirnefrarne to satisfy the conditions of approval for a
period of one year, until July 13, 2012. The approval of the one-year extension is
memorialized in Resolution 2011-43.
I. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th, 2013.
J. The Board of County Commissioners held a public meeting on May 14, 2012 to
consider a. request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2013. The approval of the one-year extension is
memorialized in Resolution 2012-38.
K. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additionaJ one year, to July 13 1h, 2014.
L. The Board of County Commissioners held a public meeting on July 15, 2013,
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year and the Board granted a two-year extension, until Ju1y 13, 2015. The
approval of lhe one-year extension is memorialized in Resolution 2013-45.
1111 fi!~.,.~\~l~., ~Ill~ llJl,1l 1il'~H+Jri&\:,~~ ·~r~ Ml•1}. 11111
Rocepl!onU: 867727
09 10912015 11:17 :44 AM Joa" Alberico
3 or 4 Rec FeetS0.00 Dec Fee:0.00 G~RFJELD COUNTY CO
M. In accordance with the Garfield County 2013 Land Use and Development
Code, as amended, the Applicant filed a request to extend the time period to satisfy
conditions of approval for an additional one year, to July 131h. 2016.
N. The Board of Counly Commissioners held a public meeting on September 8,
2015, to consider a request to extend the timeframe to satisfy the conditions of approval
for a period of one year and the Board granted a one-year extension, until July 13, 2016.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extension of approval of a Special Use Penn.it was made
consistent with the requirements of the Garfield County 2013 Land Use and
Development Code, as amended.
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
D. The requested extension is in compliance with the Garfield County 2013 Land
Use and Development Code, as amended.
E. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
F. A motion was made to approve a fifth ex.tension for a period of one year to enable
the Applicants sufficient time to satisfy the conditions of approval contained in
Resolution 2009-52, until July 13, 2016.
Dated this .fJ!!_ day of¥-, A.D. 2015.
ATTEST: GARFJELD COUNT~
COUNTY, COLORADO
1111 WJP.rl::~ll 'l~ tt•r.~·~N~~,,fl\,~~~K'&,~.11 iWi 11111
ReceptlonM: 887727
Gl9/09/2016 11:17 :44 Al'! J•an Albarlco 4 ol 4 Rao Fee:SD .DO Doc Faai0.00 GRRFIEl.D COUNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
STATE OF COLORADO
County of Garfield
)
)ss
)
11 , 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. 2015
County Clerk and ex-officio Clerk of the Board of County Commissioners
EXHIBIT
STATE OF COLORADO ) \ 2-
)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 Tuesday, the 11th day of JuJy, 2016, there were present:
=Jo=h=n~M=aru=·=..:.n __________ • Commission Chairman
=M=ik=e __ S=arns==on..._ ________ . Commissioner
T-.=om::.=--J-=ank=o-.v=sk .... y _______ _,, Commissioner
::Ke~vi:;:..:n:...:B=a=tc=b=el=d=er,__ _______ , County Manager
-=-T=ar=i-'-W"-"i=l1=iams=---------• County Attorney
.... ~=e=llv......,..C=av ..... e _________ .,.__.._ ___ , Assistant County Attorney
.,..Je ... gn......_Al=be=n=· c""-o......,Olb.......-:;_s-< .... b .... rt)...._· ___ _.. Clerk of the Board
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. Jolfo~ 4{.
A RESOLUTION CONCERNED WITH GRANTING A ONE-YEAR EXTENSION TO
SATISFY CONDITIONS OF APPROVAL REQUlRED BY THE SPECIAL USE
PERMIT GRANTED FOR "EXTRACTION, PROCESSING, STORAGE AND
MATERIAL HANDLING OF A NATURAL RESOURCE" FOR THE 5-MJLE
GRAVEL PIT. THE STIE IS OWNED BY 5-MILE RANCH, LLC'AND IS LOCATED
AT THE INTERSECTION OF CR 300 AND SH 6, SOUTHWEST OF THE TOWN OF
PARACHUTE, GARFIELD COUNTY
PARCEL NO!S 2409-324--00-138; 2447-064-00-057; 2447-061-00-056;
2445-124-00-010; 2445-123-00-012; 2447-072-00-025; 2445-131-00-201
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners is authorized to act.
B. On the 11th day of July, 2016, the Board-of County Commissioners ope.ned a
public meeting upon the question of whether to grant an additional one-year extension to
satisfy the conditions of approval for a Special Use Pemtit approved on July 13, 2009.
The Board considered whether the req·uested extension should be granted, granted with
conditions, or denied at which meeting the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said extension.
C. The Board of County Commissioners closed the public meeting on 11th day of
July, 2016, and acted on the basis of substantial competent evidence produced at the
.I
1111 WJrJ~1 rtlM:1M~ liY.H~'"IM1•!f 1"9t~ l!Di:i~.(~ i 11i 11111
Reeepllon~: 879544
07/1212016 10:91 :49 Ari Jean Alberico 2 or 4 Rec Fee 1$0 .00 Doc Fee:0.00 GARFIElO COUNTY co
aforementioned meeting.
D. The Special Use Permit for the "Extraction, Processing. Storage and Material
Handling of Natural Resources" for the RTZ Gravel Pit was conditionally approved on
July 13, 2009 under Resolution No. 2009-52 for real property described in a Special
Warranty Deed recorded at Reception Number 776887 in the records of the Clerk and
Recorder, Garfield County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and Condition 2. of Resolution 2009-52, the approval was effective for a period
of one year, with the allowance for the applicant to request an extension of one year to
complete conditions of approval.
F. The Board of County Commissioners held a public meeting on August 2, 2010
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year. until July 13, 2011. The approval of the one-year extension is
memorialized in Resolution 2010-61.
G. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 131h, 2012.
H. The Board of County Commissioners held a public meeting on August 8, 2011
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2012. The approval of the one-year extension is
memorialized in Resolution 2011-43.
I. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13 1\ 2013.
J. The Board of County Commissioners held a public meeting on May 14, 2012 to
consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2013. The approval of the one-year extension is
memorialized in Resolution 2012-38.
K. In accordance with the Garfield County 2013 Land Use and Development
Code, as amended, the Applicant filed a request to extend the time period to satisfy
conditions of approval for an additional one year, to July 13th, 2014.
L. The Board of County Commissioners held a public meeting on July 15, 2013,
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year and the Board granted a two-year extension, until July 13, 2015. The
approval of the one-year extension is memorialized in Resolution 2013-45.
M. In accordance with the 2013 Land Use and Development Code, as amended,
lll1 Pli'r.1Ulil1'l':~M1t l~\~ K'.'ll~~,1~~:A~~t~~~IL'ulw. 11111
Recep~lon~: 879544
07/12/2016 Hl-01 :49 Alt Jun Alberico 3 of 4 Rec Fee :$0.00 Dea F••:0.00 GARFIELD COUNTY ·CO
the Applicant filed a request to extend the time period to satisfy conditions of approval
for an additional one year, to July 13th, 2016.
N. The Board of County Commissioners held a public meeting on September 8,
2015, to consider a request to extend the timeframe to satisfy the conditions of approval
for a period of one year and the Board granted a one-year extension, until July 13, 2016.
0. In accordance with the 2013 Land Use and Development Code, as amended,
the Applicant filed a request to extend the time period to satisfy conditions of approval
for an additional one year, to July 13 111 , 2017.
P. The Board of County Conunissioners held a public meeting on July 11, 2016,
to consider a request to extend the timcframe to satisfy the conditions of approval for a
period of one year and the Board granted a one-year extension, until July 13, 2017.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extension of approval of a Special Use Permit was made
consistent with the requirements of the Garfield County 2013 Land Use and
Development Code, as amended.
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
D. The requested extension is in compliance with the Garfield County 2013 Land
Use and Development Code, as amended.
E. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
F. A motion was made to approve a sixth extension for a period of one year to
enable the Applicants sufficient time to satisfy the conditions of approval
contained in Resolution 2009-52, until July 13, 2017.
Dated this dayof~A.D. 2016.
Upon motion duly made and seconded the fi regoing ~;oh:ttit5i
following vote:
John Mart in ~ay
~Mi::.:.='k=e~S=a~m~s_o~n~~~~~~~~~~~~~~~~~~~~-· ay
Tom Janko vsky ay
STATE OF COLORADO
County of Garfield
)
)ss
)
It , 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 band and affixed the seal of said
County, at Glenwood Springs, this_ day of , A.D. 2016
County Clerk and ex-officio Clerk of the Board of County Commissioners