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HomeMy WebLinkAbout5.0 Resolution 2009-52Reception#t: 77170 0712,!2009 03:05.2700MDoceFee�Ob�O GARFIFLO COUNTY CO 1 of 11 Rec 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 13t� day of July A.D. 2009, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tresi Hou t , Commissioner Don Deford , County Attorney Cassie Colelxaan , Assistant County Attorney Jean Alberico , Clerk of the Board Ed Green absent)--, County Manager when the following proceedings, among others were had and done, to -Wit: RESOLUTION NO. 2009 -52 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 11,200 -ACRE PROPERTY OWNED BY SPECIALTY RESTAURANT CORPORATION AND STOCKTON RESTAURANT CORPORATION DESCRIBED AS THE SE V4 OF THE SE114 SECTION 28 AND SECTION 33, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6T11 P.M., GARFIELD COUNTY PARCEL NOS-4 240932400138; 240932400138; 244706400057; 244706100056; 244512400010;244512300012; 244707200025;244513100201 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit 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 mill WIM3I'��VIRWAV& 1$;i ml IRKWh 11111 Reception #: 771780 0772f12009 09,05.27 AM Jean Rlberico 2 of 11 Rec Fee:$0.00 Doc Fee,0.00 GARFIELD COUNTY CO County Road 300 and State Highway 6 & 24 south of Parachute, CO in unincorporated Garfield County. C. The subject property is within the Agricultural Residential Rural Density (A/R/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 Planning Commission at a public meeting held on January 19, 2009 when the Board referred for Planning Commission review and recommendation. E. The Planning Commission held a public hearing on the 25t' day of March, 2009 to consider the application and determine a recommendation to the Board of County Commissioners upon the question of whether the above - described SUP should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP. F. The Board of County Commissioners opened a public hearing on the I5c day of June, 2009 and continued the hearing until 13'h 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 opportunity to express their opinions regarding the issuance of said SUP. E. The Board of County Commissioners closed the public hearing on the t3`" of July, 2009 to make a decision regarding the request. F. The Board on the basis of substantial competent evidence produced atthe aforementioned hearing, has made the following determinations 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 pertinent 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 permit has been determined to be in the best interest of the health, safety, 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 ■III Ark NINVAW IIII114 IM N,fiUIrInN 1111 ReceptJion #: 771780 0/2112009 o9:05:27 PM Jean Rlberico 3 of 11 Roo Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY 00 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 Resource" 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 Exhibit A and graphically shown in the 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 application or during the public hearing must be adhered to as conditions 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 reclamation of the site has not been completed to the satisfaction of Garfield County and the DRMS, the Applicant may request an extension of the permit be granted by the Board of County Commissioners. 3. The operation of this activity must comply with all local, state and federal requirements. 4. Hours of Operation related to mining activity shall be limited to 7 a.m. to 8 p.m. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7:00 a.m. to b p.m. allowing for administrative and maintenance activities to take 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. All equipment operated by the Applicant will be fitted with noise control devices such as 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 mill Reception #: 7717 80 07121/2009 09:05:27 Ari Jean Albcrico 4 of ii Rec Fee:$0,00 Doc Fee!0.00 GARFIELD COUNTY CO of the Customer's haul trucks and prohibit their access to the pit until they are in compliance with the noise emission limits. d. All of the Applicant's mobile equipment used at the pit shall be fitted with the "White Noise" Backup Alarms that have been installed and adjusted to meet the requirements set forth by the U.S. Department of Labor, Mine Safety and Health Administration (MSHA). 6. Prior to issuance of the Special Use Permit copies of the following permits, 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 Permits 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 associated with reclamation of the site; b. Division of Reclamation and Mine Safety 112 Permit and reclamation plan; c. State Highway Access Permit, unless the Board of County Commissioners would change policy and be the applicant for the State Highway Access Permit; d. Garfield County Road & Bridge driveway permit; e. The general mining Air Pollution Emission Notice (ADEN); f. The dust mitigation plan Air Pollution Emission Notice (APEN); g. The crushing and screening equipment (individual) Air Pollution Emission Notice (APEN); h. If necessary, an Air Emission Permit related to mining operations that produce greater than 70,000 tans per year; i. process Water and Stormwater Discharge Permits; 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 violated: 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 Permit the Applicant shall submit affidavits from water, wastewater and waste disposal companies for service compliant with the approvals granted herein. 8. A Floodplain Permit is required prior to issuance of the Special Use Permit. 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 ■III K6VINVOM All+4 WA W"I"" ""1 Reception #. 771780 07!21!2009 09:05:27 RM Jean Rlberioa 5 oT ii Reo Fee:$0.00 Doc FeB:0.00 FIELD COUNTY CO 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 night -time lighting is not recommended in order to allow big game use of the area; b. Roads — Minimize fencing along the roads 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 the site will need to occur using native plan species and vegetation profiles. Revegetation 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 topsoil ing and seeding. 13. The amount of rained 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 each spring (March 15 -April 15) or fall (September 15 to November 15) no matter how small the area is. 16. The mining operations shall be allowed to progress so long as the prior phase has been reclaimed within 6 months after commencement of the new phase of mining 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 1 revegetation 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 determined 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 mill MNAITAF011010,111amw WUMt M4 11111 Reception#: 771780 0712112009 09:05:27 Rai Jean Alberico 6 of 11 Roo Fee:So.00 Doc Fee:0.00 GGRFIELO COUNTY CO Department with GPS measurements shown on a map showing the current disturbance, w hat areas have been baekfilled, where topsoil stockpiles axe located, all site structures, what areas have been seeded, mulched and what is planned for the ensuing 12 months. 1$. 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. Pull 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. 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 and that the bond r should not be released. 21. The Operator acknowledges that the County has performance standards in place that could lead to revocation of the Special Use Permit 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 1 timetable) use by both the County and DBMS. Additionally, a bond shall need to be calculated to cover this plan and secured with DRMS to cover its implementation. 23. The Applicant shall provide locations of County listed noxious weeds on a map. Once the inventory is provided the 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 flan 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 documentation however staff requests one document, entitled as above, containing the related information. 6 141W V11iFfW1 Reception4#: 7717"0 07!21!2009 04:65:27 AM Jean Riberica 7 of 1t Rec Fee: $0.00 ooc Fee70.00 GRRFIELO COUNTY Co 26, The Resolution and Special Use Permit 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 c�O day of A.D. 20 d �. ATTEST: ���EW Cavy� GARFIELD COUNTY BOARD OF -, CO ION S, GARFIELD COUNTY, COLD DO t A l SEAL ? 4'y'- YVN of the Board C4f oRP�o Upon motion duly made and seconded the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMIISSIONER MIKE SAMSON Aye COMMISSIONER TRESI HOUPT Aye STATE OF COLORADO ) )ss County of Garfield ) by the I , County Clerk and ex- officio Clerk of the Board of County Commissioners, in and forthe 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 Gaxfield County, now in my office. I'N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex- officio Clerk of the Board of County Commissioners 7 pivision of Reclamation Mining &Safety EXHIBIT A Pefmit Application FE U :x L' Cc U0 nom-- L Q M0 C B q� C 0 rV LL 0 �o 0 1Aa© W�m MLL -^ 0 a d ry� d„0. Hir am RTZ INDUSTRIAL SAND & GRAVEL MINING OPERATION GARFIELD COUNTY, COLORADO 6.4.1 EXHIBIT A -- Legal Descri tion A PARCEL OF LAND SITUATED IN SE114SE114 OF SECTION 28 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 PARTICULARLY 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 COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG SAID CENTERLINE AS DEFINED, N69 °04'131+11 A DISTANCE OF 1,170.74 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S85015'21 "W A DISTANCE OF 324.97 FEET, THENCE CONTINUING ALONG SAID CENTERLINE S59 020'30 "W A 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 Std o 46 46 „ W A DISTANCE OF 328.61 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S11 057'01 "W A DISTANCE OF 859.10 FEET; THENCE CONTINUING ALONG SAID CENTERL{NE S64 °03'25 "W A DISTANCE OF 1,512.73 FEET; THENCE LEAVING SAID CENTERLINE N55 °52'00 "W A DISTANCE OF 326.96 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF THE UNION PACIFIC RAILROAD; THENCE N34908'00" F= 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 07 048'48 ", A DISTANCE OF 420.03 FEET, (CHORD BEARS N37 912'54 "E A DISTANCE OF 419.70 FEET) TO A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 33; THENCE CONTINUING ALONG SAID RIGHT -0F -WAY N00 °19'12 "W ALONG 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 2,815.06 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 -OF -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 019'01 "E ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 94.82 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY AND CONTINUING ALONG SAID RIGHT -OF -WAY N55 029'00 "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 057'23"E ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 157.92 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 130.558 ACRES, MORE OR LESS. 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H,l11E OaTE nrss GARFIELD COUNTY ASSESSOR ! 2109- 324 -00 -196 PROPERTY LEASE & APPLICANT: RT2 INDUSTRIAL LLC, 1011 GRAND AVENUE GLENWOOD SPRINGS. CO 81861 PROPERTY OWNER; SPECIALTY RESTAURANT CORPORATION & SCOCKTON RESTAURANT CORPORATION CPO a�aa� rtrH. QY� AREA Ipr uric urBw PH0.IECT IHY 'I.OTAL 1.5 i8 Acres RTZ PIT HOUiNUAM TOTAL AREA 40.7 Acres I0fa11.11 3 a200' OFFSET OF RTZ PIT UNDY RTZ PROJECT BOUNDARY RrZ PIT 6NDRY EXISTING WETLANI)S PERMANENT UEO MIX GRAPHIC SCALE I wanl —A �epl♦ n v O N0 �NprY�- ' Jo Ate] y6J - O P ll] rt� 4 P mpgh eo �a n m o 2' n i a �