HomeMy WebLinkAbout5.0 Resolution 91-091• •
RECORDED AT 5°s O'CLOCK P.M.
R E C # 428901
STATE OF COLORADO
COUNTY OF GARFIELD
MILDRED ALSDORF, COUNTY CLERK BOOK 816 P!GE99fl
)ss.
At a regular meeting of the Board of County
Commissioners for Garfield County, Colorado, held at the Courthouse
in Glenwood Springs on Monday the 4th day of November , A.D., 1991,
there were present:
Arnold L. Mackley
Marian I Smith
Elmer (Buckey) Arbaney_,
Don K. DeFord
Mildred Alsdorf
Commissioner Chairman
Commissioner
Commissioner
County Attorney
Clerk to the Board
when the following proceedings, among others were had and
to -wit:
RESOLUTION NO. 91-091
done,
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN APPLICATION
FOR SPECIAL USE PERMITS BY NCIG FINANCIAL, INC.
WHEREAS, an application has been submitted by NCIG Financial,
Inc. for special use permits for the purpose of constructing and
operating a coal mine and associated facilities and a coal loadout
facility, including extraction, storage and limited processing
facilities, water impoundments, mineral waste disposal, access
routes, water pumping, trucking and loading of coal in substantial
compliance with the Garfield County Zoning Resolution of 1978, as
amended, and under the authority granted under Section 30-28-101,
et seq., C.R.S. 1973, as amended, on property fully described
legally at Appendix B in the Supplemental Application for
amendments to Resolution No. 90-083; and
WHEREAS, on October 17, 1990, by Resolution No. 90-083, the
Board of County Commissioners did conditionally approve special use
permits for the purpose of constructing and operating a coal mine
and associated facilities and a coal loadout facility.
WHEREAS, the Board of County Commissioners conducted a public
hearing as required by the Zoning Resolution of 1978, as amended,
on October 28, 1991 and continued said public hearing to October
29, 1991, in the Garfield County Courthouse, Commissioners' Meeting
Room, regarding the question of whether special use permit
applications should be granted, and, if granted, whether any
conditions should be imposed on such special use permits, and,
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during the public hearing received extensive testimony and other
evidence from the applicant and interested parties.
NOW, THEREFORE, pursuant to the foregoing provisions, be it
resolved by the Board of County Commissioners as follows:
1. The Board of County Commissioners hereby finds as
follows:
A. The applicant has substantially complied with all
procedural and notice requirements set forth in the Garfield
County Zoning Resolution of 1978, as amended, with regard to
special use permit applications, and this proceeding is
properly before this Board;
B. That, except as hereinafter noted, the application
and all required submittals at this time are substantially
complete, and the applicant has paid the fee required by
Sections 5.03, 9.01 and 9.03 of the Garfield County Zoning
Resolution of 1978, as amended.
C. After review at the public hearing beginning October
28, 1991 and subject to the conditions set forth below, the
applications, supporting information and testimony before the
Board of County Commissioners demonstrates compliance with
Sections 5.03.07 and 5.03.08 of the Garfield County Zoning
Resolution of 1978, as amended.
D. Subject to the conditions set forth below, the
information currently before the Board of County
Commissioners, taken as a whole, demonstrates compliance with
the provisions of Section 5.0 of Resolution No. 84-261.
E. Under the conditions set forth below, the health,
safety, welfare and uses of the neighborhood will be
protected.
F. Subject to the conditions set forth below, there was
substantial competent evidence presented that the proposed
land use activities, all facilities and buildings proposed in
connection with NCIG Financial, Inc.'s application are in
conformance with the uses allowed by Garfield County for
special use permits in the Coal Ridge PUD and
Agricultural/Industrial Zone District regulations.
G. That the Board must, for the purpose of analyzing
the subject application, in accordance with the applicable
provisions of the Garfield County Zoning Resolution of 1978,
specifically Sections 5.03 and 5.03.11, establish the
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neighborhood which may be affected by the possible granting
of the proposed special use permits and, further, the Board
has determined that, except as otherwise noted herein, such
affected neighborhood is that area of Garfield County,
Colorado, consisting of properties within one (1) mile of the
proposed coal mine site of the applicant, and one-half (1/2)
mile of the proposed coal loadout facility.
H. The general character of the affected neighborhood
of the tract proposed to be subject to the special use permit
is agricultural, residential, highway and railroad. The
subject property at the coal mine site is presently zoned, in
accordance with Section 4.00 of the Garfield County Zoning
Resolution of 1978, as amended. Properties zoned, pursuant
to Section 4.00 are classified as Planned Unit Development.
The subject property of the coal train loadout is zoned in
accordance with Section 3.01 of the Garfield County Zoning
Resolution of 1978, as amended. Properties zoned pursuant to
Section 3.01 are classified as Agricultural/Industrial. The
industrial extractive operation proposed by the applicant for
the subject parcels is not a use by right within the zone
classifications and is a special use in the Coal Ridge Planned
Unit Development Zone and the Agricultural/Industrial Zone.
Competent evidence was presented at the public hearings that
the subject property of the applicant was previously permitted
for a coal mine and associated facilities and rail loadout
facilities. Such previously permitted activities were allowed
under different circumstances and significantly lower levels
of activity and/or different locations.
2. The Board of County Commissioners hereby grants the
request of NCIG Financial, Inc. for property described in
Attachment A, attached hereto, subject to the following conditions
of approval:
A. That all verbal and written representations of the
applicant shall be considered conditions of approval, unless
specified otherwise by the Board of County Commissioners.
B. That the proposed extraction activity be limited to
no more than 1,000,000 tons per year.
C. The applicant shall have two (2) years from the
approval of this Resolution to comply with all conditions of
approval and to have obtained the initial special use permit.
If the applicant fails to comply with all conditions of
approval and to obtain any of the special use permits
authorized by this Resolution within the foregoing specified
two (2) year time period, this Resolution, as well as
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Resolution 90-083, shall be rescinded and repealed by
operation of law. The applicant shall initiate construction
activities or establish a land use authorized by Resolution
90-083 and the issuance of a special use permit within 120
days of issuance of the special use permit for the specific
land use. The County, at its sole discretion, may issue
separate special use permits for each land use or may elect
to issue a single special use permit for all of the uses
authorized by this Resolution and Resolution No. 90-083.
D. Any special use permit authorized by this Resolution
shall be limited to five (5) years from the date of issuance
of the first special use permit. Use beyond the expiration
date shall require the resubmission and approval of an
application consistent with Sections 5.03.07 and 5.03.08 of
the Garfield County Zoning Resolution of 1978, as amended,
prior to expiration of that five (5) year time period. Once
begun, any cessation of mining activity for a period of more
than one (1) year shall be considered an invalidation of all
land use permits and any resumption of mining activity shall
require a new special use permit application.
For purposes of this Resolution, "mine activity" in
terms of cessation of mine activity, means the mining of coal
in excess of 10,000 tons per calendar year. "Mine activity"
does not mean construction of surface facilities at the mine
site nor does it mean the construction of the mine including,
but not limited to, the completion of rock tunnels, the
installation of mine ventilation equipment and other such mine
development activities.
E. In the event that litigation is initiated against
Garfield County, the Board of County Commissioners of Garfield
County, any members of the Board of County Commissioners of
Garfield County in their individual capacity, or as a Board,
any agents or employees of the foregoing, the applicant or any
other governmental entity regarding the specific provisions
of this Resolution or Resolution No. 90-083 or the process by
which either of those Resolutions were adopted, such
litigation shall suspend all time limits specified in this
Resolution until final disposition of that legal action. The
foregoing suspension of time periods shall apply only if the
subject action is initiated by a party other than those set
forth in the previous sentence. If action is initiated
against any other governmental entity, other than Garfield
County, its officers, agents or employees, concerning
permitting of the property that is the subject of this
Resolution, the time limits set forth in this Resolution shall
be suspended until final disposition of that action. An
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enforcement or regulatory action taken by a governmental
entity, including Garfield County, shall not suspend the time
limits set forth in this Resolution or Resolution No. 90-083.
If legal action has been initiated as indicated above, the
applicant may, at its own risk, request issuance of and shall
receive any land use permit authorized by this Resolution
provided all conditions of this Resolution have been
satisfied.
F. The only loadout approved by this application is the
facility, located at the property described at Appendix B in
the Supplemental Application for amendments to Resolution No.
90-083. The maximum storage allowed at said facility will be
10,000 tons, with piles properly treated to prevent the
disbursement of dust beyond property lines.
G. Coal hauling shall only occur between the hours of
7:00 a.m. to 8:00 p.m., Monday through Friday until such time
as the production of coal reaches the equivalent of 400,000
tons per year or until validated projections of coal
production demonstrate that the annual production will exceed
400,000 tons per year at which time the hours of hauling can
begin at 6:00 a.m. and end at 10:00 p.m., Monday through
Friday. No truck hauling may take place on holidays, and no
trucks shall travel on County Road 335 during the time that
the RE -2 school bus is travelling County Road 335. No coal
trucks shall use jake brakes between the hours of 8:00 p.m.
and 10:00 p.m. at the New Castle Interstate 70 interchange or
on County Road 335. All coal trucks shall be equipped with
staged jake brakes. The applicant will assess off-site
adverse noise impacts from its coal truck hauling and will
implement measures to minimize the off-site noise. For
purposes of this condition "coal hauling" includes truck
preparation and truck loading at the mine site.
H. All buildings shall be painted the current color of
the water tower on the site as of the date of this resolution
with roofs covered with an enamelled non -reflective paint
surface.
I. All activities and facilities must occur on or be
located in a manner consistent with the locations as
illustrated on the site plan noted as Figure 4 within Exhibit
C of the public hearing.
J. Landscaping shall be sufficient to mitigate the
impact produced by site disturbance and the construction of
mine facilities. All landscaping shall be adaptable to soil
and climatic conditions, able to withstand disease and pests
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common to this area. Trees shall have an average caliper of
two and one-half inches (2 1/2") measured one foot (1') from
ground level. No tree shall be less than two inches (2") in
caliper. No conifer shall be less than six ft. (6') in
height. All planted areas shall have a working irrigation
system that has sufficient quantities of water available to
maintain the plant materials. Any tree that dies shall be
replaced as soon as practical depending on the season of the
year, but in any case within six (6) months, by a tree of the
same size and type as originally specified in the landscaping
plan included as Figure 7 of Exhibit C. There shall be 700
ft. of eight ft. (8') high wooden fence located on the
property in the manner represented at the hearing.
The applicant shall initiate the planting of trees
along the eastern and northern periphery of the site as the
first phase of the landscaping. All such "first phase"
plantings shall be completed within six (6) months of issuance
of the first special use permit. Remaining landscaping shall
be completed within six (6) months of completion of facilities
as shown on Figure 4 of Exhibit C.
Further, pursuant to Resolution No. 84-261, the
Board reserves the right to require an increase in the number,
type and size of the trees proposed in the application for
special use permits approved by Resolution No. 90-083 by a
factor of 200%, if it is deemed by the Board that the
landscaping planted is inadequate to mitigate the impact of
the mining operation.
Prior to the issuance of any special use permit, the
Board will require security to guarantee the completion and
maintenance of all landscaping and fences in the amount of
Twenty -Five Thousand Dollars ($25,000.00) for the life of the
permits authorized by this resolution.
K. That all outside storage shall be fenced and sight
obscured in compliance with Resolution No. 84-261 - storage
shall include, but not be limited to coal, coal waste, heavy
equipment, mine supplies. All outside storage of coal and
coal refuse shall be treated to prevent the emanation of dust
from the site.
L. That all lighting on site, be the minimum necessary
to meet Federal standards for mine safety, and that all
lighting be focused inward toward the mine site.
M. All fuel storage shall comply with all current State
and Federal standards.
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N. The applicant shall rebuild County Road 335.
Pursuant to agreement by the applicant at the public hearing
beginning October 28, 1991, such construction shall conform
to engineered designs approved by the Road and Bridge
Supervisor. At a minimum, the road improvements shall result
in a 24 ft. (24') wide driving surface, with 6 ft. (6') wide
asphaltic surfaced shoulders, ditches and a paved deceleration
lane at the entrance to the mine site. The asphaltic surface
from the mine entrance to the intersection of County Road 335
and I-70 Interchange shall be striped in a manner to delineate
driving lanes and shoulders. The road improvements from the
I-70 Interchange to the mine site entrance shall include the
guard rail recommended in the Traffic Impact Analysis labeled
Exhibit C-2 at the public hearing conducted for the review
resulting in Garfield County Resolution 90-083.
The remainder of County Road 335 to the first
intersection within the Riverbend Subdivision will be chip and
sealed to a 24 ft. (24') width unless it can be demonstrated
to the Road and Bridge Supervisor that there is less than 24
ft. (24') of existing driving surface. The road construction
shall comply with the recommendations of a licensed
professional engineer retained on behalf of and at the expense
of the applicant. Prior to commencing any construction work
on that portion of County Road 335 lying between the mine site
entrance and the first intersection in the Riverbend
Subdivision, the applicant's engineer shall submit written
recommendations concerning the extent of that reconstruction
to the County Road and Bridge Supervisor. Such recommen-
dations shall be submitted sufficiently in advance of the
proposed construction to allow the County to participate in
that construction with additional material and labor to be
provided at its own expense.
All on-site roads to and including the parking lot,
the coal truck loading facility and administration/processing
facilities shall be paved within one (1) year of the issuance
of the first special use permit. All other internal roads and
lay down areas shall be treated with a dust retardant on an
as needed basis to be determined by the Road and Bridge
Supervisor.
The applicant shall complete all improvements to
County Road 335 prior to commencement of coal hauling with the
exception of that portion of County Road 335 between the
entrance to the mine site and the first intersection in
Riverbend Subdivision which shall be chip and sealed, as
specified above, prior to issuance of the first special use
permit. Provided further, that prior to commencement of on -
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site construction activities, County Road 335 will be widened
to subgrade width and be provided with a minimum of six and
one-half inches (6 1/2") of gravel as recommended in the
engineering reports included in Appendix F of the Supplemental
Application.
In any event, all of the improvements to County Road
335 indicated above shall be completed within twelve (12)
months of the issuance of the first special use permit, unless
specifically extended for not more than eight (8) months by
the Board of County Commissioners. Such extension shall be
granted for the sole reason of adverse weather conditions.
During the period between the completion of subgrade
constructions and prior to asphaltic paving, magnesium
chloride shall be applied on an as needed basis as directed
by the Road and Bridge Supervisor for dust suppression.
For purposes of this resolution, "on-site
construction activities" means excavation of land,
construction of buildings, placement of temporary buildings,
construction of the mine, or any other construction at the
mine site. "On-site construction activities" does not mean
land reclamation or rehabilitation.
Prior to issuance of any special use permits, the
applicant shall provide Garfield County with security to
guarantee completion of the off-site road improvements. The
amount of said security shall be equal to the amount of a bid
awarded to a contractor approved by the County. Such bid
shall be based on road construction plans previously approved
by the County Road and Bridge Supervisor. The bid referred
to above establishing the amount of security must be tendered
to the applicant by the contractor no more than sixty (60)
days prior to commencement of construction improving County
Road 335 as referenced above. Construction will be deemed to
commence on a date specifically authorized by the Road and
Bridge Supervisor, but not prior to issuance of the first
special use permit. Said security shall also include the cost
of acquisition of right-of-way, whether by purchase or by
action in eminent domain. Such security shall be in a form
acceptable to the Board of County Commissioners and may
include a bond, letter of credit or cash. Additionally, based
upon the representations of the applicant at the public
hearing for Resolution No. 90-083, Garfield County, at its
election, may require that such security be received from
financially secure third parties unrelated to this applicant.
0. That copies of all other permits from other
governmental agencies required for the proposed special uses
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be submitted to the Planning Department prior to issuance of
any county special use permits. Further that the applicant
shall comply with all State and Federal regulations.
P. The applicant shall comply with all State noise
standards. The applicant, at its own expense, shall have a
noise analysis performed by a qualified acoustical engineer
approved by the Board of County Commissioners every three (3)
months to demonstrate continued compliance with the State
noise standards. Five (5) copies of the report shall be
submitted to the Board for review. All noise generating
facilities shall be adequately screened to prevent violation
of the standards set forth in State Law. The mine ventilation
fan shall be state of the art equipment and shall have a
physical barrier built to minimize noise projections to the
north and east of the site in a manner consistent with the
evidence presented at the public hearing.
Q. Prior to issuance of any building permits, an
approved Sewage Disposal Site Application and Discharge permit
from the Colorado Department of Health, Water Quality Control
Commission be presented. Prior to installation of the sewage
disposal system, portable toilets shall be on site during any
construction activity.
R. That all permanent buildings on the site shall
conform with the 1988 Uniform Building Code standards required
for the type of structure. Temporary structures may be placed
on the site during construction activities for six (6) months
provided there are approved water and sanitation facilities
available. All structures will require building permits from
the Garfield County Building Department.
S. The applicant commits that its real property shall
only be used for activities necessary to conduct coal mining
and coal loading while it is permitted for coal mining and
coal loading, except that the applicant and its successors
shall not be precluded by this provision from the use, lease,
or sale for use of its lands for agricultural or recreational
purposes, consistent with and subject to applicable land use
requirements. While so permitted or operated by the
applicant, or its successors, this real property shall not be
used as the location of or access to an electrical power
plant. This restriction on primary and accessory land use
shall terminate upon applicant's or its successor's
termination of a coal mining operation on this real estate and
expiration and/or surrender of the special use permits and
completion of reclamation through the planting of vegetation.
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DATED this 4TH day of November, 1991.
ATTEST:
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k to the Board
BOOK 816 prfE999
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By
Chairman
Upon motion duly made and seconded the foregoing Resolution
was adopted by the following vote:
Marian I. Smith
Arnold L. Macklev
Elmer (Buckey) Arbaney
STATE OF COLORADO
COUNTY OF GARFIELD
Commissioners
ss.
Aye
Aye
Aye
I, Mildred Alsdorf, 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 Proceedings 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. 19
County Clerk and ex -officio Clerk of
the Board of County Commissioners
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