HomeMy WebLinkAbout7.0 Special Use Permit' ]ll H,1t[tihlt,!ll{,Fll,illl,Hltl*lfFftr'lilrr hfl, l{l' I ll ll I
Receotion#'. '150622
@6117t?0@A 01:46:29 PI'l Jean Fllerico---. -;-;i'1-F;; FiiiSdtloo iioc-Fet,o.00 GnRFIELD couNrY c0
SPECIAL USE PERfiNIT
for
North Bank Holdings, LLC,
Gypsum Ranch Co., LLC,
and Jim and Jean SnYder
(Parcel lD: 2'177 -122-00-51 5; 2177 42$0G30 1 ;
2177 -132-00-300; and 2177 -1 41 -OO-121\
ln accordance with and pursuant to the provisions of the Garfield County Zoning
Resolution of 1978, as amended, and Resolution #2008:ZS of the Board of
County Commissioners of Garfield County, State of Colorado, hereby authorizes, by
Special Use Permil, the following activity:
Ertraction, Storage, Processrng, and
Material Handling of Natural Reso urces
for a "Gravel Ertraction Operation" in the
Agricuttural / lndustrial (A0 zone district
The Special Use Permit is issued subject to the conditions set forth in the above-
mentioned resolution, and shall be valid only during compliance with such
conditions and other applicable provisions of the Garfield County Zoning Resolution,
Subdivision Regulations, Building Code, and other regulations of the Board of
County Commissioners of Garfield County, Colorado.
ATTEST:GARFIELD
ffP''?'r*
isBP iaaaaoaao
tta--
-atn^S;ia.^4
?u"#$"fii{#*f:Hl H*:r,::::'d
l
STATEOFCOLORADO )
)ss
Couoty of Garfield )
At a regular meeting ofthe Board of County fsmmissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Rooq Carnia County Courthouse, in Glenwood Springp oa
Monday, May 12,2008, there were present:
JohnMartin ' Commissioner Chairman
f^uttYfrt"Co*" ' Commissioner
Tresi HouPt ' Commissioner
Don DeFord ' CountY AttomeY
f*o atU"ti* ' Clerk of the Board
Ed Green ' CountY Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO.2008-73
A RESOLUTION CONCERI\TED WTI.H THE APPROVAL OF A SPECIAL USE
PERIUIT lrrr,rclrroN FOR EIilRACTION, PROCESSING' STORAGE AI{D
MATERHLHANI}IJNGoFNATI]RALREsoI]RCEsFoRAPRoPERTYowhIEI)
BY NORTE BATTKHOLDINGS, LLC'
GYPSI.]MRANCECo.'LLC,JIMA}IDJEAFIShTYDER
Parcel rD's : 2 I 77-1 2 240-5 t 5 ; 2 I 77- I 2 140-3 0 I ; 2 I 77-1 3 240-3 00
Arrd 2177-11140-121
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an alrplication from North Bank H;Hings ,I-LC,C4rps,m Ranch co', LLC md Jim md Jem
Snyder for a speciar Use permit (..sup,) ror rxtraction, Storage, processing;.and lvlderial Handling
of Nafi,al Resources for a Gravel Extraction operdion in the Agdcultural / Industrial (Ar) zone
disnicq and
WEEREAS, on Januar5r 211 2008, the Board of Cormty Qsmmissioners refened the
application to the Garfield cormt5r Planning commission for a recommendation in a public hearing;
and
wmREAS, the Garfield Cognty p[anning Commission opened the public hearing on
f "Ar-r.i n* ,ZWi and continued the hearing to Uarcn 26fr-, 2008, upon the question ofrryhether the
above described sUp should be granted or a*i"a, at which heaing the public a$ interested persons
were given the opportrmity to express their opinions concerning the approval of said special use
I
r lll ]ffi ttfi lul, Hl {, !{ r, H L l'I1': llt f ll+t' llil, I i4 l{l,l I I I I
Reception*: 749988
@6tG,612O@A @1:12:12 PA Jean Alberico2 ol 7 Rec Fee:$@.00 Doc Fee:0.00 GFRFIELD C0UNTY C0
permiq and
WHEREAS, on March Tf,2cfi8, the Garfield County planning Commission voted to
recommend eprovai to the Board of County commissiorers upon the qr.restion ofu/hetberthe above
described SUP; and
Wp,REAS, the Board of County Commissioners held apublic hearing." U"f l?i , 2008
upon the question of whether the above alscrmea SUP should be granted or d€nie4 at which hearing
the pubtic and interestedpersonswere giventhe opportunityto expresstheir opinions concerningthe
approval of said speciat use permiq md
WHEREAS, the Board on the basis of zubstantial competent evidence produced at the
aforeme,ntioned hearing, has made the following determindion of fac't as listd below:
t. proper posting and public notice was provided as required forthe public hearing before
the Board of Cormty Commissioners'
Z. The pgblic hearing before the Board of County Commissioners wns extensive and
*-f,1"t", ttr^t all pertinent facts, matters andissueswere submittedandthatall interested
parties were heard at that meeting'
3. The above stated and other reasons, the pnoposed special use permit has been det€'mined
to be in the b€st iffsrest of the health, safety, morals, convenience, ord€tr, prosperity and
welfre of the citizens of Garfield County'
4. TheapplicationhasmettherequirementsofSpecialUse(Sections5:03,5:03:07,5:O3'08
ana gidf) the Garfield Cormty Zoning Resohrtion of 1978, as amended-
NOW TEEREFORE, BE IT RESOLYED by the Board of county commissioners of Garfield
County, Colorado, tUi Sp""iA Use Permit is ryproved forNorth Bmk Holdings, IT.C, Gypsum
Ranch Co., r I .g and Jim and Jean Snyder for F.xnacdon, Storage, Processing; md N{dedal Hmdling
of Natural Resources for a Gravel E)ffaction operation in the Agdcultuml / Industrial (Ar) zone
distict with all of the following specffic conditions:
That all rgeressilations oftheApplican! eitherintestimonyorthe submitt€d application
materials,-shall be considered *oditio* of ryproval unless specifically altercd by the
Boad of CountY Commissioners.
A well pemit mtrst be obtained from the Division of Water Resources prior to exposing
greater than 40 aore feet of grormdurder on the site'
The Aprplicant shatl provide a mapped invelrtory of noxious weeds on the site' This map
shall [-su6mi6ed prior to issuance of the Special Use Permit-
l.
3.
?u"H}i"f;ii.y,",if.: Hl H,HT,TJ* '*
m c I I I I I
4. The gravel pit hogrs of operation will be 7:00 a-m. to 8:00 p.m, Monday tbrougfu S*urday
withcrushing, digging andheavyhauling allowed from 7:00 amto 6:00pm allowingfor
artminisnative andmaintenance activities to take plre rmtil 8:00 pm- No operations shall
take place on Sgnday. Overbrnden/topsoil removal may only occur Monday thrcugh
Friday betweenthe hours of 8 am- and 5 p'm-
5. All operational activities including, but not limited to employee parking, fuel storage,
sanitation facilities and equipment storage shall be limitedinlocationto that areawhichis
withintheMineBormdryasidenffied onthe siteplanand isbeingactivelymined atthe
time. It is gnderstood that these operational activities will occur within each phase as it is
being mined and therefore will be not be in a fixed location for the life ofthe use-
6. In any mining pbase, the mined slope length will be bactfilled at a minimum of 3H:lV
pnor to toPsoiling and seeding-
7 . The amount of mined slope allowed to be present that is not baclfilled at any given time is
1000 feet
g. The amormt of backfilled slope that is not topsoiled is timited to 400 feel Topsoiling is
required on all surface areas down to 5.0'below erryected water level.
g. Seeding and mulching according to the approved plan will:occur-on all topsoiled areas
each spiine (March t5-eprit 151or fall (Septe,mber 15 to November 15) no matter how
small the area is.
10. Within 6 months of completing mining in any phase, as designated on the Proposed
phasing Schedule of Mineral i*t u"tior, that completed phase must be reclaimed to
include- topsoiling, seeding, mulching sapling planting. The seeding timeframe
referenced in Condition 9 may be extended due to inclement weather.
1 1. pursuant to the revised reclamdion plan srft,rnitted to the DRMS, a revised bond shall be
calculatedto coverthe revision and secuedwithDRMs to coveritsimple,mentdionmda
copy of that bond shall be submitted to Garfield County Building and Planning-
12. All of the conditions are binding of the County permit and the State Division of
Reclamation, Mining and Safety. The Division ofReclamation, Mining and Safety can
withhold the reclamation bond if the final reclamrdion is not executed according to the
Plans'
13. The Cormry wi1 be invit€d to any bond release inspection of the State Division of
Reclamation, Mining and Safety. The County will have the oprporttrnity to de,monstrate
that any item of tne permit has not been complid with and tb* bond should not be
]ll firt HilHll,Hll,Hh,!tl,H,ffi hll{lftilHl liil lll'l ] ll I
Receot i on* : 749988
oCtodtzooe @1:12:12 Pl1 Jean Flbericqti-;i-i-F;; Fee'50.60 Doc Fee'o.oo GARFIELD couNTY c0
released.
14. The Operator rcknowledges that the Cormty bas performmce stmdads ioplace that could
lead to revocation of the Special Use P€rmit if continued violations of the permit occur
over aperiod of time-
15. The Applicant shall be required to zubmit areport annually, until such time as the release
of the reclamation bon4 of the gavel operation for staffreview- Upon review of any
deficiencies pursuant to conditions of approval or other local, state, or federal permits,
Staffmay forward the report to the County Qommissioners for full review of the Special
Use permit This report shall include GPS measurements shoum on a map showing the
current dishuhnce, *hrt "ro, have been baclfille4 ufuere topsoil stockpiles are locae4
all site stnrctures, ufrat areas have been seeded' mulched and wbat is planned for the
enzuing 12 months. This map shall be overlain on the aprproved site plan which includes
the approved phasing rea locarions, mine permit bormdary and 100' Colorado River
Setback. Copies ofannua rrports required by and submitted to other agencies including
but not limited to, the city of Rifle, will be attached to the annual report zubmitted to the
CormtY.
16. The County commits to notifiing the operator of any compliance concern and allows an
inspection with site personnei *a tn" dqsignated Cormty inspector prior to contacting any
agencry.
17. The County canrequesta site inspectionwithone calendarday's noticeto the Operator'
Full access to any part of the site will be granted- On reques! all p4erwork must be
shourn- The Cormty cannot request a large number ofinspections thd would interferc with
normal oPeration withottr Gause-
lg. A full list of all permits related to the special use shall be provided to the Comty. Any
person at any ti*"
"uo
call the following agencies directly and request an inspection if
they believe a condition ofthat agencies p€mit is being violded
CDPHE Air Quality Control 303-692-3150
CDPIIE Watff Quality Control 303'6y2-350O
US Army CorPs ofEngineers 97A'243-1199
Division of Reclamation, Mining and Safety 303'86G3567
CDOT Grand Junction offEce 970-24t-7O00
19. All mining activities shall be required to comply with the following performance
standards:
L
b.
d-
e.
(1) Vo6me of sormd generated shall comply with the standards set forth in the
dolorado R€vised Statutes at the time any new application is made.
'rlll fftI HilHfl,[ll{,!lh,!t!,Hli':l#f llh'll{Ir hfl,lfl ' I II II I
Receot i on* : 749988
rld rofl\;a 7l; i 3a I 3r'8."' F:!' e 1 Ba,^ 6EFF r ELD couNry co
(2) Vibrrdion generded: ev€ry use shall be so operated that the ground vibration
inherenfly and recurrenfly generded is not perceptible insruments, ataday
point of any bormdary line of the propefiy on which the use is located-
(3) F.missions of smoke and particulate matter: every use shall be operated so as
to comply with all Federal, State and County air quality laws, regulations and
standards.
(4) Emission of heat, glare, radiation and firmes: every use shall be so operated
that it does not emit hea! glare, radiation or firmes which substantially interfere with
the exiSing use of adjoining properly or which constitutes a public nuisance or
hazard- Flaring ofgases, aircraft waming sipnals, reflective painting of storage tanks,
or other zucn operations ufiich may be required by law as safety or air polhfrion
control measurEs shatl be exempted frs6 this provision-
(5) Storage area, salvage yar4 sanitary landfill and mineral waste disposal aeas:
(A) Storage ol flammable or explosive solids or gases shall be in
accordance with accepted standalds and laws and shall comply with the
national, state and local firc codes and written recommendations / comments
from the ap,propriate local protection district regarding compliance with the
appropriate codes;
69) At the discretion of the County Commissioners, all outdoor storage
Armti"t may be required to be enclosed by fence, landscaping or wall
adequate to conceal such facilities from adjacent propefty;
(C) No materials or wastes shall be deposited upon a property in such
form or mann€f,' that they may be transfsrred off the property by any
reasonably foreseeable mturat causes or forces;
(D) Srorage of Heavy Equipment wilt only be allowed zubject to (A) and
(C) above and the following standads:
l. The minimum lot size is five (5) acres and is not a platted
suMivision-
2. The equipment storage area is not placed any closer than 300
ft from any existing residential dwelling'
3. Deleted
4. Any repair and maintenance activity requiring the use of
equipment that will generate noise, odors or glae 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'
5. lr,ding and untoading of vehicles shall be conducted on
private prope(y and may not be conducted on any public
right-of-waY-
Cfl Any light'rng of storage area shall be pointed downward and inward to
the property center and shaded to prevent dircct reflection on adjacent
property.
llll lh ]t'tillul,llll,hl,!tl,Hlf, fillrffi :l/ilHli{ lll' I ll ll I
Receot ion$ : 749988
oatodtzoge @1:12t12 PA J€an nlEerlQq6-;;-i-F; Fiilsti.oo' iioc-Fte'0.00 GnRFIELD couNrY c0
(O Wder pollution: in a case in which potential hazards exist, it shall be
n€cesstry to install safegumds designed to comply with the Reguldions of the
Environmental Protection agency befue op€,ration of the facilities may begin- All
percolation tests or grorrnd wat€r.resource tests as mny be required by local or State
Health Officers must be met before operation of the facilities may begin-
20. The ryplicaot shall re-apply to the C;olorado De,partment ofTransportation (CDOT) for a
revised State Highway Access P€xmit
21. The applicant shall consider provision of a dry hydrant utilizing the ponds for fire
protection-
Dated thi" eM dayof Q,,-^^ - I-lD-zooif_'
U
GARFIELD COUNTY BOARD OF
COMMSSIONERS, GARFIELD COI.]NTY,
COI,ORADO
of the Board
Upon motion duly made and seconded the
following vote:
STATE OF COLORADO
County of Garfield
COMMISSIONE, R CTIAIR JOHN F. MARTIN . AYC
COmASgOXrnraBLY r. PTCCOWN ' aY"
COUhflSSIOUER rnPSr gOUrr . aY"
)
)ss
)
T . Cormty Clerk and ex-officio Clerk of the Board of
Corotyco.-irrioo"o, io *dforthe Cormty and State aforesai4 doherebycertifytbdtbe annexed
and foLgoingResolutionistnrlycopieilfromthe Records ofthe froceeaing oftheBoard ofCounty
Commissioners for said Garfield &,-ty, now in my office'
ffir*.tt-B
i spar, !. lrIiriIIJ I
aaaa.a.a
. r{!'....t:*
6
ril lfl'l ltlfi lul,lll l,!tl, ltl,l{il:!*llHt"fttl tt+t lll'l ll ll t
i'"t?qlB'fi?i,ttt-1'ai3r..'Ft!'elB6,.t8fi F,ELDcouNryco
IN WTINESS WHEREOF, I have hereunto set my hand and atrxed the s€al of said County,
at Glenwood SPrings, this
-
daY of A.D.20_.
counu clerk and exofficio clerk of the Boad of county commissioners