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STATE OF COLORADO
County of Garfield
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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 7th of December, 2009, there were present:
John Martin
Mike Samson
Tresi Houpt
Deborah Quinn
Jean Alberico
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, Assistant County Attorney
, Clerk of the Board
(absent), County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2009-88
A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT
TO AMEND THE TEXT OF ARTICLE 7 OF THE UNIFIED LAND USE RESOLUTION
OF 2008, AS AMENDED, REOGARDIN YRO MODIFYING HE AND STANDARDS 8F II,
CTION
7-840 E, IMPATS
RECLAMATION 7 - 14
PARCEL NO# N/A
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a Text
Amendment application from Rivers Edge, LLC to Amend the Text of Article 7, of the Land Use
Resolution of 2008.
C. On October 14, 2009 the Garfield County Planning and Zoning Commission
forwarded a recommendation of approval with changes by a vote of 5-0 to the Board of County
Commissioners.
D. On December 7, 2009, the Board of County Commissioners opened a public hearing
upon the question of whether the Text Amendment should be approved,apnroveed with changes,
s,
or denied at which hearing the public and interested persons
to
express their opinions regarding the issuance of said Text Amendment.
E. The Board of County Commissioners closed the public hearing on December 7, 2009
to make a final decision.
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F. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That the hearings before the Planning Commission and Board of County
Commissioners was extensive and complete, that all pertinent facts, matters
and issues were submitted and that all interested parties were heard.
2. That the application has met the public notice and public hearing requirements
of the Garfield County Unified Land Use Resolution of 2008, as amended.
3. That the proposed text amendment can be 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 proposed text amendment is consistent with applicable standards of the
Unified Land Use Resolution of 2008, as amended, and complies with the
Garfield Count Comprehensive Plan of 2000, as amended.
5. The proposed text amendment does not conflict with State statutory provisions
regulating land use.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Garfield County Unified Land Use Resolution of 2008, and
identified as its Resolution No. 08-115, as subsequently amended by this Board, shall be and
hereby is amended as shown on U� � Iha�n ExhibUse i
t iud adopaned�on October 13th, 200ge will be 8
into the codified Garfield County
ADOPTED this I `( t'
ATTEST:
Q.-. \
of the Board
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day of /uh 1 , 2009
GARFIELD COUNTY BOARD OF
CO ! - _ ONERS, GARFIELD
CO ►' ! OLORADO
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
STATE OF COLORADO
County of Garfield
Mike Samson , Aye
Tresi Houpt , Aye
John Martin , Aye
)ss
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 thee
and foregoing Resolution is truly copied from the Records of the Proceeding of
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
County Clerk and ex -officio Clerk of the Board of County Commissioners
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EXHIBIT A
1
Text Amendment-TXPT-6010
ARTICLE VII STANDARDS
Section7-840, Additional Standards Applicable to Gravel Extraction
E. Impacts to County Road System
3. The Applicant shall submit evidence of insurance for a minimum of $1,000,000 to cover any damages
to public property, and Garfield County shall be named as an additional insured. If the applicant
demonstrates its operation will not require a Garfield County access permit this insurance shall not be
required.
4. Expected haul routes from the mine will be upgraded to withstand the additional traffic, if determined
by the traffic study or recommendation by the County Engineer, and the permittee will prevent road
damage and mitigate dust, under the supervision of the Road and Bridge Director.
H) Reclamation/Enforcement
1. Slopes (See Graphic Below)
a) Wetland Slope Areas:
1) Wetland Slopes shall be predominantly 5:1 or shallower, with at least 80% 5:1 and 20% 10:1 or
shallower. The percentage of Wetland Slope is calculated along the perimeter of the reclaimed
lakes.
2) For the purpose of this section, the Wetland Slope is defined as three (3) feet above the shoreline
and three (3) feet below the shoreline (see graphic).
3) Wetlands shall be included in the reclamation plan, for all shoreline areas.
4) An alternate plan for the shoreline area which modifies the standards above may be proposed by
an applicant to accommodate special needs for.
a) Water based recreation amenities;
b) Reducing wildlife habitat along certain sections of shoreline due to proximity to an
airport;
c) Fishing embankments; or
d) Other special needs or uses that may be proposed by the applicant.
5) Any modification of the listed standards requires the recommending or decision making body to
provide a separate finding and reason for waiving or modifying the Wetland Slope standards and
that the modifications are in conformance with the purpose statement above: to create an
aesthetically pleasing site that blends with the surrounding area, to provide for wildlife habitat
and, to provide for future re -use of the site.
b) Dryland Slope Areas:
1) Dryland Slopes shall be predominantly 5:1 with at least 85% of the slopes 5:1 or shallower.
2) For the purpose of this section, the Dryland Slope area is defined as any area above a Wetland Slope
in the post -mine land use that will predominantly be used for rangeland grazing and wildlife habitat.
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3) An alternate slope plan for the dryland area which modifies the standards above may be proposed by
an applicant to accommodate special needs when:
a) The existing terrain slope is steep (greater than 5:1) or;
b) Where there is little or no available on-site backfill material;
c) Other special needs or uses that may be proposed by the applicant.
4) Any modification of the listed standards requires the recommending or decision making body to
provide a separate finding and reason for waiving or modifying the Dryland Slope standards and that
the modifications are in conformance with the purpose statement above: to create an aesthetically
pleasing site that blends with the surrounding area, to provide for wildlife habitat and, to provide for
future re -use of the site.
General Cross Section
Reclaimed Pit Lake Areas
Cottonwood
Or Trees Planted Just
Above Weland Slop*
Original Ground
Water Level
Topsoil Replaced
Slope
(Slope Lenp/1 Varies
Depending on
Ground Water Level)
Slope
Approximate Zone
6' Wide
Wetland Slope Close Up
1
Water
Level
3
/Animal 31t1V slope
Requlredd t1n® 2tt 1V i rumor Slope
10 Vertical Feet Length Varies Depending On
Below Water Level Site CundIduns
Flt Floor
2. Vegetation
All re -vegetation efforts shall occur as part of phased reclamation.
a) Wetland Criteria:
1) All Wetland Slopes on a reclamation plan shall include re -vegetation with appropriate species shown
on a landscape plan prepared by a qualified professional consistent with Section 4-502 A,
Professional Qualifications. The plan shall;
a) Show the reclaimed wetland area to scale;
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b) Identify the species and number of plantings;
c) If required, provide for adequate irrigation;
d) Provide for adequate species diversity to enhance wildlife habitat;
e) Other site specific requirements may be identified through the public hearing process.
2) Wetland seeding shall occur immediately prior to lake filling using the following methods;
a) Seeding shall be done by drilling or by hydro -seeding methods. Broadcast seeding is not
permitted.
b) Re -vegetation of wetlands shall also include planting of trees, willows and/or shrubs.
c) Existing trees may be included in the plan if they are a minimum of 8 feet in height and 2 inches
in diameter.
d) All new tree plantings shall be accomplished immediately following lake filling and be;
i) A minimum of 8 feet in height and 2 inches in diameter.
ii) Located immediately above the Wetland Slope area.
3) Shrubs identified on the plan shall be a minimum of 5 gallon shrub containers=
a) If required, adequate irrigation shall be employed in re -vegetated areas during the life of the mine
or until re -vegetation is self-sustaining based on the advice of the qualified professional preparing
the landscape plan.
4) Any modification of the standards listed above requires the recommending or decision making body
to provide a separate finding and reason for waiving or modifying the wetland revegetation standards
and that the modifications are in conformance with the purpose statement above; to create an
aesthetically pleasing site that blends with the surrounding area; to provide for wildlife habitat and; to
provide for future re -use of the site.
b) Dryland Criteria: ro !ant
1) All dryland areas on a reclamation plan shall include re -vegetation with appropriate drylandP
species based on the written recommendation of a qualified professional consistent with Section 4-
502 A, Professional Qualifications.. The plan shall:
a) Include a mixture of grasses, forbs and shrubs.
b) Seeding methods shall either use drilling with crimp mulching or hydro -seeding.
i) Mulch shall be weed free and shall be applied at a rate of no less than 3000 pounds per acre.
ii) Hydro -seeding with hydro -mulching and tackifier shall be used on steep (greater than 5:1)
slopes. Hydro -mulching shall be a minimum rate of 2000 pounds of wood fiber per acre.
iii) If required, adequate irrigation shall be employed in re -vegetated areas during the life of the
mine or until re -vegetation is self-sustaining based on the written recommendation of a
qualified professional.
2) Any modification of the standards listed above requires the recommending or decision making body
to provide a separate finding and reason for waiving or modifying the dryland re -vegetation standards
and that the modifications are in conformance with the purpose statement above: to create an
aesthetically pleasing site that blends with the surrounding area, to provide for wildlife habitat and, to
provide for future re -use of the site.
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Section 7-840 Reclamation / Enforcement
11. 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.
12. 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 (app
well permits and plan for augmentation), etc.
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