HomeMy WebLinkAbout3.0 Resolution 2010-11Receptionti: 782664
03/02/2010 10:25+13 AM Jean Alberico
1 of 5 Ren Fee:$0.00 Doc F..: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, April 21, 2008, there were present:
John Martin
Commissioner Chairman
T an'y McCown
, Commissioner
Tresi Hount
Commissioner
Don DeFord
County Attorney
Jean Alberico
Clerk of the Board
Ed Green
County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2010-11
A RESOLUTION CONCERNED WITH THE APPROVAL OF A CONDITIONAL USE
PERMIT APPLICATION FOR EXTRACTION AND MATERIAL HANDLING OF
NATURAL RESOURCES FOR THE CIRCLE DOT QUARRY CONSTRUCTION
MATERIALS MINE OPERATED BY MARATHON OIL COMPANY ON LAND
OWNED BY BERRY PETROLEUM
PareeIID: 2169-011-00-027
RECITALS
1. The Board of County Commissioners of Garfield County, Colorado, received an application
from Marathon Oil Company for a Conditional Use Permit ("CUP") for Extraction and
Material Handling of Natural Resources for a gravel / construction materials extraction
operation on land owned by Berry Petroleum Company.
2. The use, known as the Circle Dote Quarry, is to take place on a 10 -acre site on a 334 -acre
property owned by Berry Petroleum which is more specifically located 17 miles northwest of
Parachute is more specifically located approximately 9 miles up Garden Gulch Road off of
CR 215 in the E''/2 of Lot 23 and the West %2 of Lot 24, Section 1, Township 6 South, Range
97 West, 6th PM, Garfield County and legally described in Exhibit A (attached).
3. Extraction and Material Handling of Natural Resources is listed as a Conditional Use in the
Resource Lands (Gentle Slopes Lower Valley Floor zone district) in the Garfield County
Zoning Resolution of 1978, as amended.
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03/02/2010 10.25 13 AM Jean Alberico
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4. The Board of County Commissioners held a public hearing on April 21, 2008 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.
5. The Board on the basis of substantial competent evidence produced at the aforementioned
hearing, has made the following determination of fact as listed below:
a. Proper posting and public notice was provided as required for the public hearing
before the Board of County Commissioners.
b. The public hearing 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.
c. The above stated and other reasons, the propoged conditional 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.
d. The application has met Sections 5:03, 5:03:07, 5:03.08 and 9:00 of the Garfield
County Zoning Resolution of 1978, 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. The Conditional Use Permit is approved for Extraction and Material Handling of Natural
Resources for the Circle Dote Quarry to be operated by Marathon Oil Company on land owned
by Berry Petroleum Company with all of the following specific conditions:
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 and no work can begin at the site until the Applicant
has provided the County with an approval from the Division of Minerals and Geology.
3. The Applicant shall provide a copy of the reclamation bond that has been approved and held
by the DRMS prior to the issuance of a Conditional Use Permit.
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03/0212010 10:25:13 RM Jean Rlbarico
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12. The Applicant shall provide photo documentation of the pre -disturbance of the site in order
to compare to the post disturbance. This information shall be provided to the County prior to
the issuance of the Conditional Use Permit.
13. That no activity shall occur at the site until all of these conditions have been met.
�Dated this day of Max 4k , A.D. 20110 .
`�
ATTEST: (� GARFIELD COUNTY BOARD OF
r ...�a�a =ah .nMMTSSIONERS. GARFIELD COUNTY,
of the Board
Upon motion duly made and seconded the foreing Resolutio was adopted the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN Aye
COMMISSIONER LARRY L. MCCOWN Aye
COMMISSIONER TRESI HOUPT Aye
STATE OF COLORADO )
)ss
County of Garfield )
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.D. 20_.
County Clerk and ex -officio Clerk of the Board of County Commissioners
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03/02/2010 10:25:13 PN Jean Alberico
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Exhibit A Legal Description
Parcel 216901100027
SECT,TWN,RNG:1-6-97 DESC: LOTS 10, 11, 12,15,17,18,19,22,23 AND 24 OF SEC 1
PRE:R290108 BK:1863 PG:0987 RECPT:711208 BK:1863 PG:0984 RECPT:711207 BK:1863
PG:0981 RECPT:711206 BK: 1853 PG:367 RECPT:709024 BK:0946 PG:0588 BK:0946
PG:0590 BK:066
B07147
CiR LRDOTQUARRY
CORDILIERAN COWLJANNCESERVICFS,'NC
GRANDJUNCION, COLORADO