HomeMy WebLinkAbout3.0 Resolution 2008-29~~c~f!~A'3i·r'U4~ · w.rifl'~WWl.I•~.~·~ 11111 (
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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, June 19, 2006, there were present:
=Jo~hn--=-M=artin-=·=------------'' Commissioner Chairman
=L=any~M=c=C ..... own=-----------J' Commissioner
-=-T ..... re,..;si"-'H ..... o=u .... p"'"t __________ _,,Commissioner
.... D __ o=n ..... D""'"e __ Fo .... r ..... d __________ _,, County Attorney
=M_il=dr=e=d:...:.Al=sd=o=rf._ ________ _,~ Clerk of the Board
=E=d-=G=-re=e=n~-----------' County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2008-29
A RESOLUTION CONCERNED WITH THE APPROVAL OF A CONDITIONAL USE
PERMIT APPLICATION FOR EXTRACTION AND MATERIAL HANDLING OF
NATURAL RESOURCES FOR THE NORTH CLEAR CREEK CONSTRUCTION
MATERIALS MINE ON A PROPERTY OWNED BY CHEVRON SHALE OIL
COMPANY, A DIVISION OF CHEVRON USA, INC.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from CHEVRON SHALE OIL COl\fi> ANY, A DIVISION OF
CHEVRON USA, INC. for a Conditional Use Permit ("CUP") for Extraction and Material
Handling of Natural Resources for a gravel I construction materials extraction operation; and
WHEREAS, the use is to take place on a property owned by CHEVRON SHALE OIL
COMP ANY, A DIVISION OF CHEVRON USA, INC. which is more specifically located on an
8-acrc site approximately % miles beyond the end of CR 211 on the east side of a private road within
a 115,000 acre property in the SWSW V. of Section 4 and the NENW V. of Section 36 in Townships
5 and 6 South of Range 89 West;
WHEREAS, Extraction and Material Handling of Natural Resources is listed as a
Conditional Use in the Resource Lands Gentle Slopes Lower Valley Floor zone district; and
WHEREAS, on May 15
\ 2006, the Board of County Commissioners did not refer the
application to the Garfield County Planning Commission for a recommendation; a.µd
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WHEREAS, the Board of County Commissioners held a public hearing on June 19, 2006
upon the question of whether the above described CUP should be granted or denied, at which hearing
the public and interested persons were given the opportunity to express their opinions concerning the
approval of said use; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact as listed below:
1. Proper posting and public notice was provided as required for the public hearing before
the Board of County Commissioners.
2. The public bearing 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 detennined
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 Sections 5:03, 5:03:07, 5:03.08 and9:00 of the Garfield County
Zoning Resolution of 1978, as amended .
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that Conditional Use Permit is approved for CHEVRON SHALE Oll.
COMPANY, A DIVISION OF CHEVRON USA, INC. for Extraction and Material Handling of
Natural Resources for a gravel I construction materials mine in the Resource Lands Gentle Slopes
Lower Valley Floor zone district with all of the following specific conditions:
1. That all representations of the Applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered conditions of
approval unless explicitly altered by the Board.
2. No Conditional Use Permit shall issue until the Applicant has provided an approval from
the Division of Minerals and Geology.
3. The Applicant shall submit a reclamation security in a form acceptable to the County
Attorney's Office of$37,800 to Garfield County for the reclamation of the disturbance prior
to the issuance of the Conditional Use Permit.
4. Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes.
5. Vibration generated The mining activity shall be so operated that the ground vibration
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inherently and recurrently generated is not perceptible, without instruments, at any point of
any boundary line of the property on which the use is located.
6. Emissions of smoke and particulate matter: The mining activity shall be so operated so as to
comply with all Federal, State and County air quality laws, regulations and standards.
7. Emission of heat, glare, radiation and fumes: The mining activity shall be so operated that it
does not emit heat, glare, radiation or fumes which substantially interfere with the existing
use of adjoining property or which constitutes a public nuisance or hazard.
8. Storage of Heavy Equipment will only be allowed subject to the following standards:
a. Storage of flammable or explosive solids or gases shall be in accordance with
accepted standards and laws and shall comply with the national, state and local fire
codes and written recommendations/comments from the appropriate local protection
district regarding compliance with the appropriate codes;
b. No materials or wastes shall be deposited upon a property in such form or manner
that they may be transferred off the property by any reasonably foreseeable natural
causes or forces;
c. Any repair and maintenance activity requiring the use of equipment that will generate
noise, odors or glare beyond the property boundaries will be conducted within a
building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri; and
d. Loading and unloading of vehicles shall be conducted on private property and may
not be conducted on any public right-of-way.
9. That the Applicant shall comply with the following requirements of the County Road and
Bridge Department:
a. Dust control should be applied to CR 204 (Clear Creek Road) from the intersection
of CR 204 (Main Roan Creek) to the end of the public road. This application will be
reapplied as needed to control the dust on the road as long as there is work being
done by Chevron; and
b. All equipment hauled to the site will abide by Garfield County Road & Bridge
Department's oversize/overweight permit system.
10. The Applicant shall submit proof that a reclamation bond has been provided to the Division
of Minerals and Geology and that a NPDES permit shall be submitted to the County prior to
the issuance of the Conditional Use Permit.
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,
ATIEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Upon motion duly made and seconded the .fore oing Resolutio
following vote:
=C...,.O=MMI==SS=I=O.:..;NE-..R'"-"C=HAIR=--~JO=HN::.=..;..z:..F.:..:. MAR'"'-=-"~TIN=-=---------'' Aye
=C-=O ..... MMI==ss .... 1=0.:..;NE=R ..... L.:.:ARR~=-=Y-=L= . .=.M=C=C ..... O.....,WN~----------->' Aye
....,CO~MMI==S.,,S=IO=NE ......... R=-=-=TRE=S=I~H=O-=UP..,_._I __________ _.. Aye
STATEOFCOLORADO )
)ss
County of Garfield )
~, County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for ~e 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 WTINESS 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
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