HomeMy WebLinkAbout1.18 Enforcement and Waiver7‐1002I‐ Enforcement
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I. Enforcement.
1. The County shall not issue a Land Use Change Permit until all required local, State, and Federal
permits have been obtained and submitted to Garfield County including, but not limited to, the
municipal watershed permit, CDPHE, USACE, NPDES, Division of Water Resources (approved well
permits and plan for augmentation), etc.
[Western Slope Materials requests a waiver from the requirement outlined in SecƟon 7‐1002(I) of the
Garfield County LUDC. Several State and Federal permits cannot be applied for without condiƟonal
land use approval from Garfield County. These permits are:
‐ Colorado Div. of Water Resources Water AugmentaƟon Plan
‐ US Army Corps of Engineers Wetlands Permit
‐ Colorado Dept. of TransportaƟon Access Permit
‐ Colorado Dept. of Public Health and Environment Discharge Permit
‐ Colorado Dept. of Public Health and Environment FugiƟve Dust Permit
‐ Garfield County Flood Plain Permit
Western Slope Materials will not begin operaƟons without all applicable permits in place at the North
Hangs site.]
2. The Operator acknowledges that the County has performance standards in place that could lead to
revocation of the Land Use Change Permit if continued violations of the permit occur over a period of
time.
[Applicant acknowledges and agrees]
3. The County can request a site inspection with 1‐day notice to the Operator. The owner or Operator
must grant full access to any part of the site will be granted. On request, all paperwork must be shown.
The County cannot request a large number of inspections that would interfere with normal operation
without cause.
[Applicant acknowledges and agrees]
4. Prior to contacting the appropriate agency, the County commits to notifying the Operator of any
compliance concern identified during a site inspection.
[Applicant acknowledges and agrees]
5. Any person at any time can call any permitting agency directly and request an inspection if they
believe a condition of that agency’s permit is being violated.
[Applicant acknowledges and agrees]
6. To ensure that certain conditions of a permit are complied with, the BOCC may require a financial
performance guarantee in addition to that required by the DRMS. The required amount of such financial
performance guarantees may be increased at the discretion of the BOCC to account for inflation. The
County will not require financial guarantees that are duplicative of that required by the DRMS.
[Applicant acknowledges and agrees]
7‐1002I‐ Enforcement
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7. The County will be invited to any bond release inspection of the DRMS. The County inspector will have
the opportunity to demonstrate that any item of the permit has not been complied with and that bond
should not be released.
[Applicant acknowledges and agrees]