The URL can be used to link to this page

Home My WebLink AboutResolution 2009-50VIII WiP:1,111141,, I.14461l riillIClrlerliiiVIIII ' Receptiont: 771777 07/21/2009 09:02:01 AM Jean Alberico 1 of 4 Roc Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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 6th day of July 2009, there were present: John Martin Tresi Houpt Mike Samson Deborah Quinn Jean Alberico Ed Green (absent) , Commissioner Chairman , Commissioner , Commissioner , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2009-50 A RESOLUTION CONCERNED WITH THE APPROVAL OF A MAJOR IMPACT REVIEW PERMIT REQUEST A FOR SAND AND GRAVEL EXTRACTION OPERATION ON LAND LOCATED IN THE RESOURCE ZONE DISTRICT AND OWNED BY DAVID FURR, GARFIELD COUNTY PARCEL NO# 2443-114-00-003 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Major Impact Review Use Permit request for "Extraction: Natural Resources -Minerals (Not Oil and Gas)" for a 11.75 acre sand and gravel extraction operation located on CR 200 approximately 2.5 miles west of Roan Creek Road (CR 204) on a 120.1 acre parcel owned by David Furr. B. The extraction operation will be located at Section 11, Township 8 South, Range 98, Garfield County. C. The subject property is in the `Resource Lands: Gentle Slopes / Lower Valley Floor' zone district and a Land Use Change Permit for Natural Resource Extraction requires a Major Impact Review Process by Garfield County. D. The Planning Commissioners considered this application at a Public Meeting held on May 13, 2009. Through a unanimous vote the Planning Commission recommended to the Board of 1 ID! Ms irJ1'+Y,ArAtt wincliGemot1IN 1101 Receptlonll: 771777 07/21/2009 09:0201 AM Jean 9lberico 2 of 4 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO County Commissioners a conditional approval of the application. E. The Board of County Commissioners is authorized to approve, deny, or approve with conditions a Land Use Change Permit for `Extraction: Natural Resources' pursuant to Section 1-301 and 4-106 of the Garfield County Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened a public hearing on the 6th day ofJuly, 2009 upon the question of whether the above-described Major Impact Review Permit 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 Major Impact Review Permit. F. The Board of County Commissioners closed the public hearing on the 6th day ofJuly, 2009 to make a final decision. G. The Board on the basis of substantial competent evidence produced at the 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 Major Impact Review (Article IV) and associated Standards (Article VII) of the Garfield County Unified Land Use Resolution of 2008, as amended. 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 Major Impact Review Permit for "Extraction: Natural Resources — Minerals (Not Oil & Gas)" for a 11.75 acre sand and gravel extraction operation located on CR 200 approximately 2.5 miles west of Roan Creek Road (CR 204) on a 120.1 acre parcel owned by David Furr is hereby approved subject to compliance with the following conditions: 2 1111 IMIP IATMINIM IAF? I#LItRlticlNi 11111 'Reception#: 771777 07/21/2009 09:02:01 PM Jean Plberico 3 of 4 Rec Fee:$0.00 Doc Fee .0.00 GARFIELD COUNTY CO 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. Expiration of Permit. No extraction from the Furr property Pit can occur after July 1, 2010. 3. Use of Extracted Materials. Materials extracted from the pit can only be used for the re- construction of CR 204. 4. County Roads. Any damage to the County roads or County right-of-way resulting from the extraction operations must be repaired to the satisfaction of the County Engineering Department. 5. Repair of Stream Buffer. (a) County Code prohibits construction activities within 35 feet of water bodies. The excavation that has already occurred within 35 feet of Dry Fork Creek must be returned to pre-existing grades and re -vegetated. By July 2009 American Civil Contractors must provide the County Building and Planning Department with a grading and re -vegetation plan for the area within the 35 -foot stream buffer. (b) The grading and seeding of the area within the 35 -foot stream buffer must be complete by October 2009. (c) Until re -vegetation occurs within the 35 -foot stream buffer, the Contractor must install and maintain a silt fence between the stream and disturbed ground. 6. Stockpiling of Top Soil: Top soil must be removed prior to the extraction of materials and stockpiled onsite. After the extraction is completed on a portion of the site, the top soil needs to be re-applied and the site seeded. 7. Final Elevation of Pit. The final grade of the pit bottom must slope towards the outlet swale. In order to prevent the creation of a water impoundment within the pit, the final elevation of the pit floor must be at Least two foot higher than the high water elevation in the stream. DLL Dated thispl 0 day of , A.D. 20 0 9 . ATTEST: Q-CUr�. C1-1! of the Board GARFIEL COM OLO OUNTY BOARD OF S, GARFIELD COUNTY, Upon motion duly made and seconded the oregoing Resol !ton was adopt by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER TRESI HOUPT , Aye COMMISSIONER MIKE SAMSON , Aye 3 101 MellIMiPJ1Arteili t!!., Pi 11111 'Receptions{: 771777 07/21/200909:02:01 RM Jean Rlberica 4 of 4 Rao Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners (Building and Planning Dept. No. 1141R23 09) 4