HomeMy WebLinkAbout1.0 BOCC Staff Report 07.15.2013Exhibits for Board of County Conunissioner Public Meeting
July 15, 2013 -5-Mile Ranch Gravel Pit
A Garfield County Unified Land Use Resolution of2008, as amended
C Extension re uest dated July 1, 2013 from Ga le Lyman
D Staff Memorandum
E Resolution 2009-52
F Resolution 20 I 0-61
G Resolution 2011-43
H Resolution 2012-38
I Draft Resolution for Fourth One-Year Extension
EXHIBIT
I G
Grand Juncti on Concrete Pipe Com pa
AN EQUAL OPPORTUNITY EMPLOYER
2311 River Road • Grand Junction, Colorado 61505 • 970/245-9301 • FAX 970/243-6703
July 1, 2013
Garfield County Community Development
Kathy Eastley, Senior Planner
108 81h Street, #401
Glenwood Springs, CO 81601
RE: 5-Mlle Ranch Gravel Pit, SUP Approval Extension Request
Ms Eastley,
Please consider this letter a formal request for a 12-month extension of the SUP Approval for
the 5-Mlle Ranch Gravel Pit (formally known as the RTZ Gravel Pit). This extension should allow
Grand Junction Pipe adequate time to prepare an amendment to the mining permit, which we
discussed earlier this year. The approval for this SUP was originally approved by BOCC
Resolution No. 2009-52, along with subsequent extensions.
Please don't hesitate to contact me with any questions.
Submitted By,
r1~~~
Compliance Director
ca; Garfte!dC O;"ir;ty
Community Development Department
108 81h Street, Suite 401
Glenwood Springs, CO 81601
{970) 945-8212
www.garfleld-county.com
TYPE OF APPLICATION
D Administrative Review -----g __ -~~tl_!!ted lm£~~-E!Vi~w a fy!ajor ~~pac~~vie ~
D Amendments to an Approv ed LUCP
DUR C]MIR p SUP
D M ~or Tem_e_orary Housing F~clll!Y
D Vacation of a County Road/Public ROW
0 P)Ee l_i ne ~evelo_efl!e nt
D Comprehensive Plan Amendment
D M aj_~ D Minor
INVOLVED PARTIES
Owner I Applicant
Name: 5-Mil e Ranch LLC.
Ma lll ng Address: 8191 E. Kui ser Blvd
City: Anah eim
11
11
I
LAN£:> USE CMANGE P.ERMIJ"
APP.LICATIQN FORM
j 0-Locati on an d Extent Review
1 a Development In 100-Year-Floodplain
r fl Designatlon of Fl oo d F_l'in ~e/Floodway
! D Rezoning
D Zo ne DistrictD PUO 0 PUD Amendment
D ULUR Text Ame ndment -- -
D Appeal of Administrative Interpretation
1 D _!04_! Regu lation s ----
D Varian ce
l!I Time extension
Phone:( __ ) ______ _
state: _c_A __ Zip code: _9_2s_o_s _____ _
E-matl: _____________________________ _
Representative (Authorization Required)
Name: Grand Junction Conc rete Pipe Co Phone: (~)_2_45_-9_3_01 ___ _
Malling Address : _2_3_1 l_R_iv_e_r _Ro_n_d _____________________ _
City: Grand Junction
E-mail: gnyle.lymnn@elnmc onslru ction .c om
PROJECT NAME AND LOCATION
Project Name :
5-Mile Gra vel Pit
Assessor's Parcel Number: 2409 -324-00 -13 8 .
State: _c_o __ Zip Code: _s_1s_o_s _____ _
. -----
Physical/Street Addre ss: Intersec ti on of Hwy 6 and CR 300
! Legal Description:---------------------------
Zone Distri ct:-------------Property Size (ac r es ):-------
--
PROJECT DESCRIPTION
E1dstlng Use: _R_a"""'ng""'c-"L'-'a'"'-nd'---------------------------
Proposed Use (From Us e Table 3-50 3): _G_r_av_c_I M_in_in_g ________________ _
/ Description of Project: Grn vc l Es trn cti on and Pr ocessi ng
RE C!_UEST FOR WAIVERS
Submission Requirements
D Th e Applicant r equ es ting a W aiver of Submi ss ion Req uirement s per Sec ti on 4-20 2. Li st :
Section: Sec t ion :-------------
Section : ____________ Sec tion :-------------
Waiver of Standards
Cl The Applicant Is requ es tin g a Waiver of Standards per Se ction 4 -117. Li st:
Section: Section:-------------
Sec tion: ____________ Se ction :-------------
I have re ad the statem ents above and have provid ed th e required attac hed Inform ation which i s
correr and accur at e to the bes t of my knowl edge .
Iv--t2 ~----
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::f v A-tJ ~./JZ_ l fr1(A.M) )v~....> f 1/?k, / 6£.11'
I OFF ICIAL USE ONLY
I
Fil e Number: ____ -___ _ Fee Paid :$. ___________ _
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MEMORANDUM OF
GRAVEL LEASE
THIS MEMORANDUM Of GRAVEL LEASE is executed by 5-Mile Ro11ch, LLC, a
Colorado limited liability company, 8191 East Kaiser Boulevard, Anaheim, CA 92808 ("Lessor"),
and Elam Construction, Inc., doing business as Grand Junction Concrete Pipe Co. and as Grand
Junction Pipe & Supply Company, a Colorado Corporation, P. 0. Box 1849, Grand Junction,
Colorado 81502 ("GJP"). This Memorandum describes the essential tenns of a Gravel Lease
entered into between Lesso1· and GJP dated Janumy 19, 2012 (the "Gravel Lease").
I. The Grnvel Lease relates to the real property described on Exhibit A, attached
hereto and incorporated hernin by refe1·cnce (the "Property"). Pursuant to the Gravel Lease,
Lessor has leased tl1e Prope11y to GJP for the pmpose of extracting, hauling, processing and
stockpiling sand, gravel anrl excess overblll'den from the Prope1iy, and for the placement and use
of crnshers and ot~er equipment used in conncclion with the extracting, hauling, processing, and
stockpiling of the sai1d, gravel and excess overburden extrncted from the Property, For purposes of
the Gravel Lease, "excess overburden" is defined as all dirt, soil and similar materials overlying
the sand and gravel deposits on the Property that is not needed for the proper reclamation of the
Property. U11der the Grnvel Lease, GJP bas the exclusive right to use the Prope1iy for lhe
pu1µoses described above during the term of the Gravel Lease and any extension thereof, and
Lessor shall not lease the Prope1·ty to any third pa11ies for such purposes or otherwise use the
Property for such purposes during the term of the Gravel Lease and any extension thereof. Lessor
shall be entitled to use the Propei1y during the term of the Gravel Lease and any extension thereof
to the extent such use does not unreasonably interfere with GJ!''s operations under the Gravel
Lease.
2. The initinl term of the Grnvel Lcnse is far a pel'iod of 1hi11een (13) yeal's,
commencing on January I 9, 2012. GJP and Lessor may at their discretion mutually agree to
extend the Grnvel Lease. To extend the Gravel Lease, the Lessor and GJP must come to a
mutually acceptable agreement in writing to do so not less than thirty (30) days prior lo the encl of
the initial term.
3. The Gravel Lease contains provisions relating to permits necessnry to mine the
Property; GJP 1 s right to install buildings, equip1nent and other itnprove1nenls on the P1·operty· the
payment of royalties; the use of water and water rights; payment of taxes and utility charges;
reclamation of the Prnperty at'ter mining is completed; indemnifications and insurnnce; defaults
and remedies for defaults; and other prnvisions relating lo the parties' rights and obligations and to
lhe mining of the Prope1iy.
4. This Memorandum is execllted by the pai1ies to the Gravel Lease to give notice of
the Gravel Lease and the parties' rights and obligations nnder the Grnvel Lease. This
Memorandum doe; nol modify the terms of the Gravel Lease, and the rights and obligations of
Lessor and GJP shall be governed solely by the terms and provisions of the Grnvel Lease.
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<1s ofJr.11unry 19. 2012.
EL;li\I CONSTJ/UC1JON, INC. doi!lg
busineso ;is GRAl'il) .JU"!CTION
CONCJU::TL l'll'IO COMl'1IN\' nod :is
GRAND JI iNCTION PTPLo & S\JPl'LY CO.
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Title: (_E._(_}
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5-Mll.£ RANCH, LLC
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Denni.'=> S1alll ni; ~1 la11nger uf5-i'vlilt~ Rnnch. LLC.
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Pipe Corllpil11y mid ns Gr:111d J11ncr1on Pipe & Suppl) Co .. fl Colon1do Cai pornliu11.
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Receptlontt: 818980
06/2212012 01:00:20 P~ Jean Alberico 3 or 3 Reo Fee,$21.00 Ooc Fee:0.00 GARFIELD COUNTY CO
PROPERTY llf!8CRIPflON
GRAVBLPIT
A PARCEL OF LAND SITVATiO IN 861/48i114 OF BEOllON 28 AND IN SECTION 33,
TOWNSHIP 7 SOUTH, llANGI! 9fl WEBT OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF GARAELD. STAlE OF COl.ORADO; SAID PARCl!L BEING MORE PARTICULAR!. Y
DESCRIBED AS FOLLOWS'
COMMENCING AT1HE NORTHl!AST COIVIER OF SAID SECTION &:3, A BLM CM' IN
PLACE, TH& POINT OP BE BINNING; THENCE 800'01'15'E ALONG THE EA8Tl!RLY
BOUNDARY OF BAIO SECTION 33A DIBTANOE OP 1,189.44 FEli'll THENCE LIAVING
SAID EA8TERL V BOUNDARY a11•<11i':WW ALON«a 'IH&WESTERI. Y RIGHT.OF·WAV OF
UNA ROAD A OISTANCE OF 1,0SISJl7 FEET TO A POIN'TIN 1HE CENTER OF THE
COLORADO RIWR, AfJ DEFINED IN BOOK 802 AT PAGll 11114 OF THE G/IRflELD COUNTY
CLERKAHP R!CORDliR'S OFFICE; THENCl!ALONG 8A1D Cl!NTllllUN& AS DEFINED,
N8&'04'1S'W A DISTANCI! OP 1, 170.74 Fll!T; 'lffENCB CONTINllJNG ALONG SAID
CENTERLINE 885'115'21'W A DIBTANCI! Cl' 814.81 PEEi'; THENCE CONTINUING ALONG
SAID CENTERLINE BH'20'30'W A DIBTANOll OF318.71 Pl!&T: THENCE CONTINUING
ALONG BAll>Cl!NTl!RUNI! 848'8S'02'W A Dl!irANO! OF 337.31 PEET; THENCE
CONTINUING ALONG 8AIO CSHTERUNE B20"46'48'W A DISTANCE OF 828.81 FEET;
THENCECONTINUINGALONGBAIDCENTERLINli811'67'01'WAD1'1'ANCEOFB8&.10
FEET; THENCE CONTINUING Al.ONG BAlll OEillT&RIJNE 884'03'25'W A DISTANCE OF
1,612.73 FEET; 'lffl!NOI! LEAVING SAID OENTERUNE N&6'62WW A DISTANCE OF
328.88 FEET TO A POINTON ntE SDllTHEIU.V RIGHT..QP..WAV OF THE UNION PACIFIC
RAii.ROAD' THENCE N84'08'00"E ALONG SAID 80U1HERl.YIUGHT.OF..w1W A DISTANCE
OF 2,309.2a FEE'!'; Tlll!NOI! CONTINUINGAU:INB SAlDRIGHT-OP..WAV ALONG THE ARC
OF A CURVE TO me RIGHT HAVING A RADIUS OFS,080.16 l'El!T AND A CENTRAL
ANGLE OF 07'48118", A DISTANCE OF 420.03 Fli&!iE!i~~ HARB N37'12'B4''E A
DISTANCE OF 419.70 FEEi) TO A POINI' ON 1H! NOftltHIOUTH CENTERLINE OF BAIO
BE(lTION 83: THl!NCE CONTINUING ALONG $AID RlllHT-01'-WAY N00'18'12'W ALONG
SAID NORTH-SOI/TH CENTERLINE A DIGTANCE OF 73.'7 FEET; THl!NCE LEAVING SAID
CENTERLINE AND CONTINUING ALONG SAID RIGHT·OF.WAV Al.ONG THE ARC OP A
CURVE TO THE RIGKT HAVING A RADIUS Of' 2,816.08 Feer ANDA C&NTRAL ANGLE OF
12'14'll'', A DISTANCE OF eoua I'm, (OHOAl> BEARS Nll'•1112'E A DISTANCE OF
B00.21 FEET): THENCE CONTINUING ALONB8AID RIGHT-OF-WAY N66'08'B4'E A
DISTANCE OF SI.US FEET: THENCE CONTINUING Al.ONG SAID RIG11T.OP..WAV
N86'28'00'E A DISTANCE OF 2, 142.73 PEllTTOA POINT OH THE NORTHERLY •
BOUNDARY OF SAID l!EOTION 38; THENCE CONllNUINBAl.ONB SAID RIGHT-OF.WAY
N87'19'01"E ALONB BAID NORTHERLY BOUNDARY A DIST ANOE OF U
THENCE LEAVING SAID NORTHl!RL V BOUNDARY AND CONTINU '
RIGHT-OF.WAY Na8'21YOO"I! A DISTANCE OP 288.37 FEET TOA f!:ii:i Wii!.~
EASTERLY BOUNDARY OF 8AID 8ECTIDN23; THl!NCE l.EAVI
S01'67'2a'E ALONG BAIO l!ABTERLY BOUNDARY A DIBTAN
POINT OF BEGINNING; SAID PARO EL CONTAINING 180.668
[ EXHIBIT
A
!!
REQUEST
PROPERTY OWNER
LESSEE/OPERATOR
REPRESENTATIVE
LOCATION
I. BACKGROUND
EXEllBl ili
])
BOC
KE
PROJECT INFORMATION
Request for Extension of Approval granted July 13, 2009
5-Mile Ranch, LLC
Grand Junction Concrete Pipe Company
Gayle Lyman, Compliance Director &Ivan Geer
Southwest of Parachute, south of the intersection of CR
300 and SH 6
The Board of County Commissioners (the Board) conditionally approved a request for
"Extraction, Processing, Storage and Material Handling of a Natural Resource" to allow for
a gravel extraction operation to occur on a 130 .5-acre portion of a 1,200-acre property.
The approval was granted at a public hearing held on Monday July 13, 2009 and
memorialized in Resolution 2009-52, EXHIBIT E. The conditions of approval adopted by
the Board include:
2. This approval shall expire if the Special Use Permit has not been issued within one year of the date of approval
of the application. The Special Use Permit shall expire fifteen (15) years from the date of issuance. If mining
operations have not ceased and reclamation of the site has not been completed to the satisfaction of Garfield
County and the DRMS , the Applicant may request an extension of the permit be granted by the Board of
County Commissioners.
The Board approved a request for a one-year extension to allow additional time for
satisfaction of conditions of approval until July 13, 2011, and memorialized that action in
Resolution 2010-61, EXHIBIT F.
The Board approved a request for a one-year extension to allow additional time for
satisfaction of conditions of approval until July 13, 2012, and memorialized that action in
Resolution 2011-43, EXHIBIT G .
The Board approved a request for a one-year extension to allow additional time for
satisfaction of conditions of approval until July 13, 2013, and memorialized that action in
Resolution 2012-38, EXHIBIT H.
II. REQUEST
Conditions of approval required by the Board have not yet been satisfied therefore the
Applicant has requested a fourth extension to allow for an additional one-year period of
time to satisfy the conditions of approval, until July 13, 2014, EXHIBIT C. Pursuant to §4-
101 I. of the Unified Land Use Resolution of 2008, as amended:
I. Extension of Approval.
Prior to the expiration of a Land Use Change Permit or Division of Land approval, the
Applicant may request an extension of the expiration date as follows:
1. Application shall be made to the decision maker that issued the original
approval.
2. Extensions of 1 year may be granted for all Land Use Change Permits and
Division of Land approvals, except Final Plats, which are limited to a 90.<:fay
extension.
3. Requests for longer periods of time, or additional time extensions following
the first extension, shall be made to the BOCC prior to the expiration of the
current approval.
4. If an Applicant fails to request an extension prior to expiration of the
approval, the approval will be void and the Applicant must submit a new
application for the Land Use Change Permit or Division of Land approval.
Ill. AUTHORITY
The Board has the authority to grant an extension of one year to satisfy the conditions of
approval.
IV. STAFF RECOMMENDATION
Staff recommends that the Board grant the requested one-year extension to allow for an
additional year to complete the condition of approval required by Resolution No. 2009-52
for the 5-Mile Ranch Gravel Pit. The land use approval shall expire if conditions are not
satisfied on or prior to July 13, 2014.
2
EXHIBIT
' ~1
STA TE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Conunissioners for Garfield County, Colora~o,
held In the Com.missioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, the 1311i day of July A.O. 2009, t.here were present:
clo~hn~M~art::UUinL--------------' Commissioner Chainnan
A!.MU.iik~Q~S~aw~so~n1.-------------' Commissioner
T.Lc:re~siu.H~o'-!::u~pt~------'""'-----~• Commissioner
::.;::;D..,.on..._..,.D.,..efjo..::.o...,rd,__ ____________ , County Attorney
""Q..,.y.,.,siu:;e_,.C .... o.ule'"°'m ... an,,,__ ___________ , Assistant County Attorney
iulC..:an~Awlbg:!(..,_rico!Q<... ____________ , Clerk of the Boai:d
AotEd~G~rc ... en.._._..(a,...bs:io.:i:e"'"ntt.(..) ___________ , County Manager
when the following proceedings, among others were had and done,.to~wit:
RESOLUTION NO. 2009-52
A RESOLUTION CONCERNED w1m THE APPROVAL OF A SPECIAL USE
PERMIT FOR "~XTRACTION, PROCESSING, STORAGE AND MATERIAL
HANDLING OF A NATURAL RESOURCE•> FOR GRA 'VEL EXTRACTION WITHIN A
;i;130·ACRE LEASE AREA WHOLLY CONTAINED WITHIN A :i::l,200-ACRE
PROPERTY OWNED BY SPECIALTY RESTAURANT CORPORATION AND
STOCKTON RESTAURANT CORPORATION DESCRIBED AS THE SE~ OF THE
SElf 4 SECTION 28 AND SECTION 33, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF
THE 6™ P.M., GA~lELO COUNTY
PARCEL NO'S# 240932400138,' 240932400138,' 244706400057," 244706100056,·
24451240001 o,·244512sooo12,· 24470120002s,. 244513 J 00201
Recitals
A. The Board of CoWlty Commissioners ofGlltfield County, Colorado, received a Special
Use Pennit request for a "Extraction, Processing, Storage and Material Handling of a Natural
Resow·ce" within a property owned by Specialty Restaurant Corporation and Stockton Restau:rant
Corporation, Garfield County.
B. The subject parcel Is legally described in a. deed recorded at Book 1226, Page 677 at
reception numbel· 574813 with the Garfield County Clerk and Recorder and more generally
described as Five Mile Ranch, whoso eastern boundary commences at the southwest intersection of
I
County Road 300 and State Highway 6 & 24 south of Parachute, CO in unincorporated Garfield
County.
C. The subject property [s within the Agricultural Residential Rural Density (AIR/RID) zone
district, where such use is pennitted as a Special Use.
D. The Board of County Commiiisioners considered the question of whether to refer the
application to the Planning Commission at a publio meeting held on January 19, 2009 when the
Board referred for Planning Commission review ~d recommendation.
E. The Planning Commission held a public hearing on the 25th day of March, 2009 to
consider the application and detennine a recommendation to the Board of County Co01l11issioners
upon the question of whether the above-described SUP should be granted or denied, during which
healing the public and interested persons were given the opportunity to eKJJtesS their opinions
regarding the issuance of said SUP.
F. The Board of County Commissioners opened a public hearing on the I" day of June, 2009
end continued the hearing until 13th of July, 2009 when the question of whether the above-described
SUP should be granted or denied was considered, snd during which hearing the public interested
persons were given the opportunity to express their opinions regarding the issuance of slid SUP.
E. The Board of County ColJllllissioners closed the public h~ngon the 13"' of July, 2009to
make a decision regarding the request.
F. The Board on the basis of substantial competent evidence produced at the aforementioned
hearing, has made the following determinations of fact:
I. Proper posting and public notice were provided as required for the meeting before the
Board of Cowity Commissioners.
2. The meeting before the Board of County Commissioners was e>ttensi ve and
complete, that all pertinent facts, matters and issues were submitted end that al_l interested
parties were heard at that meeting.
3. The above stated and other reasons, the proposed special use pennit has been
determined to be in the best interest of the health, safbty, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. Tue application bas met the requirements of the Garfield County Zoning Resolution
of 1978, as amended.
2
RESOLUTION
NOW THEREFORE, BE IT RFSOL VED by tbe Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. A Special Use Penni! for a "Extraction, Processing, Storage and Material Handling ofa
Natural Resource" for a gravel extraction project to be limited to a ±130-acre lease area on a
±1,200-acre property, (said lease area being described in attached Exhibit A and graphically
shown in the approved mining plan attached as Exhibit B), in Garfield County is hereby
approvOd subject to compliance with the following conditions:
I. All material repi:esentations made by lhe Applicant and their representatives in the
application or during the public hearing must be adhered lo as conditions of approval
unless otherwise stated by these conditions.
2. This approval shall expire if the Special Use Penni! has not been issued within one
year of the date of approval of the applicotion. The Special Use Permit shall expire
fifteen ( 15) years from the date ofissuance. If mining operations have not ceased and
reclamation of the site has not been completed to the satisfaction of Garfield CoWJty
and the DRMS, the Applicant may request an extension of the pennit be granted by
. the Board of County Commissioners.
3. The operation of this activity must comply with all local, slate and federal
. requirements.
4. Hours of Operation related to mining activity shall be limited to 7 iLm. to 8 p.m.
Monday through Saturday with crushing, digging, and heavy hauling allowed from
7:00 o.m. to 6 p.m. allowing for administrative and maintenance activities to take
place until 8:00 p.m.
5. The site ls required to comply with the recommendations contained in the Noise
Assessment Report prepared by EDI, Inc. !IS follows:
a. Noise control methods such !IS barriers or benns using overburden or stockpiles
may mitigate the noise emissions from stationary equipment;
b. All equipment operated by the Applicant will be fitted with noise control devices
such as mufflers, intake silencers, baffles and screens that are equal to or better
than Jl\llllufacturer's original configurations.
c. Customer's haul trucks shall not exceed the noise limits listed in CRS 25-12-107.
The Applicant or the Applicant's pit operator may monitor the noise emissions
3
of the Customer's haul trucks and prohibit their access 'to the pit until they are in
compliance with the noise emission limits.
d. All of the Applicant's mobile equipment used at the pit shall be fitted with the
"White Noise" Backup Alarms that have been installed and adjusted to meet the
requirements set forth by the U.S. Department of Labor, Mine Safety and Health
Administration (MSHA).
6. Prior to issuance of the Special Use Permit copies of the following permits, or
sufficient demonstration thereof, must be submitted to the Building and Planni11g
Department and said pennits must be consistent with the approvals granted herein:
a. Well Peanits consistent with the Court Decree of Case No. 07CW88 (including
application for variance approval to the Board of Examineis for Water Well
Contracts) and satisfactory to allow for constnlction and on-going maintenance of
ponds associated with reclamation ·of the site;
b. Division of Reclamation and Mine Safety 112 Permit and reclamation plan;
c. State Highway Access Pennit, unlesstheBoardofCountyCommissionerswould
change policy and be the applicant for the State Highway Access Permit;
d. Garfield County Road & Bridge driveway permit;
e. The general mining Air Pollutton Emission Notice (APBN);
f. The dust mitigation plan Air Pollution Emission Notice (APEN);
g. The crusbing and screening equipment (individual) Air Pollution Emission
Notice (APEN);
h. If necessary, an Air Emission Peimit related to mining operations that produce
greater than 70,000 tons per year;
i. Process Water and Stonnwater Discharge Permits;
j. Construction De-watering Permit.
Any person at any time C8l1 call the following agencies directly and request an
inspection if they believe a condition of that agencies pennit is being vi.olated:
CDPHE -Air Quality Control 303-692-3150
CDPHE Water Quality Control 303-692-3500
US .Amly Co!J>S of Engineers 970-243-1199
Division of Reclamation and Mine Safety 303-866-3567
Colorado Department of Transportation 970-248· 7000
7. Prior to issuance of the Special Use Permitthe Applicant shall submit affidavils from
water, wastewater and waste disposal companies for service compliant with the
approw.ls granted herein.
8. A Floodplain Permit is required prior to issuance of the Special Use Permit.
9. All operational activities including, but not limited to, office space, employee
parking, fuel storage, sanitation fa~ilities and equipment storage shall be limited in
4
location to that area which is identified on the site plan as the Facilities Area.
10. Pursuant to the recommendation of the Colorado Division of Wildlife on-site refuse
containers must be bear-proof. ·
11. The site must adhere to the recommendation of their wildlife biologist as follows:
a Lighting-excessive or night-time lighting is not recommended In order to
allow.big game use of the area;
b. Roads -Minimize fencing along the roadr and remove old, nonfunctional
fences to facilitate movement and retaining walls should minimized;
c. Fences -specifications and requirement for snow fencing or silt fencing;
d. Landscaping and Revegetation -Since the area is used as winter range and
critical winter range, the reclamation of the site will need lo occur using
native plan species and vegetation profiles, RevegefC1tion sh'oUJd occur as
· soon as possible with planting in the spring recommended due to big game
· having left the area.
e. Dogs -Dogs should be under leash control.
12. In any mining phase, the mined slope length will be backfilled at a minim.um of
3H: IV prior to topsoiling and seeding.
13. The amount of mined slope allowed to be present that is not backfilled al any given
time is 1000 feet.
14. The amount of backfilled slope that is nottopsoiled is limited to 400 feet: Topsoiling
is required on all surface areas down to 5.0' below expected water level.
15. Seeding and mulching according to the approved plan will occur on all topsoiled
areas each spring (March 15-April 15) or fall (September 15 to November 15) no
matter ·how small the area is.
16. The mining operations shall be allowed to progress so long as the prior phase has
been reelaimed within 6 months after commencement of the new phase of mining
operation. If the reclamation has not commenced in slK months, or if reclamation has
not been completed within 18 months, all mining operations on the property shall
stop until the reclamation I revegetation has occurred to the satisfaction of the
Counly. Completion, including but not limited to top-soiling, seeding, mulching,
sapling planting, and water filling the IBke(s) shall be determined by the provisions
contained within the recfomation plan approved by the Board of County
Conunissioners.
17. The operator will submit an annual report to lhe County Building and Planning
5
Department with OPS m~surements shown on a map snowing the cucrent
disturbance, what areas have been backfilled, where topsoil stockpiles are located,
all site structures, wh.at areas have been seeded, mulched and what is planned for the
ensuing 12 months.
18. The County conunits to notifying the operator of any compliance concern and allows
an inspection with site personnel and the designated Cowtty inspector prior to
contacting any age~cy.
19. The Cowtty can request a site inspection with one day's notice to the operator. Full
access to any part of the site wlll be granted. On request, all paperwork must be
shown. The County cannot request a large number of inspections that would interfere
with noanal operation without cause.
20. Tbe Counfy wlU be invited to any bond release inspection of the Stllte Division of
Reclamation and Mine Safety. The County inspector will have the opportwtity to
demonstrate !hat any item of the pennithasnot been complied with and that the bond. ,.
should not be released.
21. The Operator acknowledges that the County has performance standards in place that
could lead to revocation of the Special Use Penni! if continued violations of the
pennit occur over a period of time.
22. The reclamation approved by Garfield County in the Special Use Permit shall be
resubmitted to the ORMS to become the only rcclamationplan(tasks/timetllble) use
by both the County and ORMS. Addilionally, a bond shall need to be cal au lated to
cover this plan and secured wilh DRMS to cover its implementation.
23. The Applicant Shall provide locations of County listed noxious weeds on a map.
Once the inventory is provided the Applicant shall develop a weed management plan
that addresses all County-listed noxious weeds found on siCe. This weed
·management plan shall be submitted to the County' Vegetation Managerfor approval
prior to the issuance of the Special Use Permit.
24, Prior to Issuance of the Special Use Permit the Applicant slntll submit evidence of
insurance for a minimum of$! ,OOO,OOO to coveF a,ny damages to public and private
property, and Garfield Couoty shall be named as an additional insured.
25. A Berming. Screening and Buffering Plan shall be submitted to Building and
Planning prior to the Board of County Commissioner public hearing on this
application. This information is currently contained in various areas within the
submittal documentation however staff requests one document, entitled as above,
containing the related infonnation.
6
26. The Resolution and Special Use Pennit issued for the RTZ Gravel Pit shall
supersede and replace in its entirety Resolution No. 81-227 which will in effi:ct no
longer be valid.
~ .
Dated this :;Jo day of_~-=-'-'-'-+---~· A.O. 20.Q.L.
ATTEST: COUNTY BOARD OF
, GARFIELD COUNTY,
' .
Upon motion duly made and seconded the for going R
following vote:
,.CO,.MMI=,,,s,,,,s,.,JO ... NE&,_,._,C,,.,HAIR......,"'J"'O,.,HN,..,_.F ..... M=..AR.,TIN~..,,_ _______ ,, Aye
=C=O=MMI=S=S=IO=N=ER~M1K='f"E~S-A_M=S=O~N~---------~• Aye ,.CO"'M....,Ml.,,S><>S~IO=N.,,,ER.,.,,_mE~=S~I~H""O,,.U~PT,._ ______ . ____ ,, Aye
STATECIFCOLORADO )
)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 1U111exed ·
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.O. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
7
= iii
Olv1iian of Reclamallon Mining & Safety
Pennlf Applicellon
EXHIBIT A
RTZ INDUSTRIAL
SAND & GRAVEL MINING OPERATION
GARFIELD COUNTY, COLORADO
6.4.1 EXHl!31T A -Leaal Descrlotlon
A PARCEL OF LAND SITUATED IN SE1/4SE1/4 OF SECTION 28 ANO IN SECTION 33, TOWNSHIP 7
SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE
OF COLORADO; SAID PARCEL BEING MORE PAIHICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33, A BLM CAP IN PLACE, THE
POINT OF BEGINNING; THENCE S00'01'56''E ALONG THE EASTERLY BOUNDARY OF SAID
SECTION 33 A DISTANCE OF 1,369.44 FEET; TtlENCE LEAVING SAID EASTERLY BOUNDARY
S17'45'22'W ALONG THE WESTERLY RIGHT-OF-WAY OF UNA ROAD A DISTANCE OF 1,065.67
FEET TO A POINT IN THE CENTER OF THE COLORADO RIVER, AS DEFINED IN BOOK 602 AT
PAGE 964 OF THE GARFIELD <;:OUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG SAID
CENTERLINE AS DEFINED, N69'04'13'W A DISTANCE OF 1, 170.74 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S85"16'21'W A DISTANCE OF 324.97 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S59'20'3D"W A DISTANCE OF 316.71 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S48'63'02'WA DISTANCE OF 337.31 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S2D'46'4B"W A DISTANCE OF 326.61 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S11"57'01'WAOISTANCE OF 869.10 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S64"03'25'W A DISTANCE OF 1,512. 73 FEET; THENCE LEAVING SAi D
CENTERLINE N55'52'00'W A DISTANCE OF 326,96 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF·WAY OF THE UNION PACIFIC RAILROAD; THENCE N34.0B'OO''E ALONG SAID
SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 2,309.28 FEET; THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 3,080. 15
FEET AND A CENTRAL ANGLE OF 07"48'48", A DISTANCE OF 420.03 FEET, (CHORD BEARS
N37'12'54"E A DISTANCE OF 419.70 FEET) TO A POINT ON THE NORTH·SOUTH CENTERLINE OF
SAID SECTION 33; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N00"19'12"W ALONG SAID
NORTH·SOUTH CENTERLINE A DISTANCE OF 73.67 FEET; THENCE LEAVING SAID CENTERLINE
AND CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 2,815.06 FEET AND A CENTRAL ANGLE OF 12"14'22", A DISTANCE OF
601.36 FEET, (CHORD BEARS N48'41'42"E ADISTANCE OF 600.21 FEET}; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY N55'08'54"E A DISTANCE OF 96.96 FEET; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY N55'29'00"E A DISTANCE OF 2, 142.73 FEET TO A POINT ON THE
NORTHERLY BOUNDARY OF SAIO SECTION 33; THENCE CONTINUING ALONG SAID RIGHT-OF-
WAY N87'19'01"E ALONG SAID NORTHERLY BOUNDARY A OISTANCE OF 94.82 FEET; THENCE
LEAVING SAID NORTHERLY BOUNDARY AND CONTINUING ALONG SAID RIGHT-OF-WAY
N55'29'00'E A DISTANCE OF 299.37 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID
SECTION 26; THENCE LEAVING SAID RIGHT-OF-WAY S01'57'23"E ALONG SAID EASTERLY
BOUNDARY A DISTANCE OF 157.92 FEET TO THE POINT OF BEGINNING; SAID PARCEL
CONTAINING 130.558 ACRES, MORE OR LESS.
Division of Reclame!iofl Mlnlns & ~fety
P•""'' Applloallon
MINE MAIN ENTRANCE
RTZMINE
LATITUDE -39"24'02"N
LONGITUDE -108° 6'17'W
DATUM -NAD 83/WGS84
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f
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2+11t-H+~ov-1ae
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EXHIBIT B
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wo' Ol'P!t1 or IUZ PIT 81M>l'
RU PROJECT DOUMD#JlY
llll l'IT flfMY
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.Kf.'.E'.T NO.
6.4.4
EXHIBIT
iE
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
ColoJ'lldo. held in the Commissioners' Meeting Room. Oarfleld County Plaza BuildlDg, in
Olenwood Springs on Monday, the 2nd day of August, 2010, there were present:
...,Jo_hn....,M ........ amn .. ·..__ _____ _._ ______ ,, Commissioner Chairman
iwMik...,' '31:.e.MISRlrl-!!n~n..__ ____________ _.,. commiSsioner
~T.CS~i~H=ou~p~t~~~-----~----''Commissioner
cD=ebo ..... rah......_~QuiM=·....._ ___________ , Assistant County Attorney
,...,Je=an....,Al~be...,ri""co..__ ___________ _,,. Clerk of the Board
.... Ed-Grecn~-'ab=-se .... n_n.__ ____________ .,county Manager
when the following proceedings, among others were had and done. to-wit:
RESOLUnONNO. 2010-61
A RESOLUTION CONCERNED Wini EXTENSION OF A SPECIAL USE PERMIT
FOR nm RTZ ORA VBL PIT, TO ALLOW FOR AN ADDITIONAL ONE· YEAR TO
SATISFY CONDmONS OF APPROVAL. THB SITE IS OWNED BY SPECIALTY
RESTAURANT CORPORATION AND STOCKTON RESTAURANT
CORPORATION AND LOCATBD AT TI1E JNTHR.SECTION OF CR.300 AND SH.6,
SOUTflWEST'OF THE TOWN OF PARACHUTE, GARFIELD COUNTY
PARCEL NO.'S 2409-324-00-138; 2447-064-00·057; 2447-061 -00-056;
2445-124-00--010; 2445-123..()()..012; 2447--072-00--025; 2445-131 ·00.201
Recitals
A. Garfield County: is a legal and political subdivi&io~ of the State of Colorado for
which the Board of County Commissioners (Bo8ld) is auillorized to act.
8. On 2~ day of August, 2010~ the · Boal'd of County CommJssioners opened a
public meeting upon the question of whether to grant a one-year extension to satisfy the
conditions of approval for s Special Use Permit approved on July 13, 2009. The Board
con."lidered whether the requested extension should be granted, granted with conditioDs,
or denied at which meeting the public and interested persons weie given the opportunity
to express their opinions regarding the issuance of said eKtension.
C. The Board of County Commissioners closed the public meeting on the 211d day
of August, 2010, and acted on the basia of snbstaodal competent evidence produced at the
aforementioned hearing.
-------...... .,_ .. _ ....... -·-··. . .. , ............. .
D. ~ Special Use Permit for IOO ''F.xlraction, P{OCCssing, Stoxage and Material
Handling of Natunll Resounies" for the RTZ Gravel Pit was eonditionally approved on
July 13, 2009 wider Resolution No. 2009-52 for real property described in the doannent
recorded at Reception Number S748i3 in the recoxds of1he Clerk and Recorder, Oarfield
County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and the Condition 2. of Resolution 2009-52, the approval was effilctive for a
period of one year, with the allowance for the applicant to request an mrtension of one
year to complete conditions of approval.
F. In acoordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the deadline to satisfy conditions of
approval for one year, to July 131
\ 2011. .
Rewlution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colotado, that
A The forgoing Recitals are incoiporaled by !his referenee as part of this Resolution.
B. The request for ex!eJJ3ion of approval of a Special . Use . Pennit was lll8de
CQQBistent with the requirements of the Oarfield County Unified Land Use
Resolution of2008, as amended.·
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent 1lllits, matters and issues were submitted; and all
~parties were hemd at !bat hearing.
D. Tho requested extension Is in compliance with the Land Use Resolution of 2008,
as amended.
E. The requested eKtension ls in the best interest of the health, sa&ty and welfare of
the citii.ens of Garfield County.
F. A motion was made to approve a one-~ar eK1ension for the Applicants to satisfy
the conditions of approval contained in Resolution 2009-52.
Datedthis qf!. dayof~ ,AD.2010.
A'ITEST; GARFIBLD COUNnis
COUN1Y,COLORADO
Upon motion duly made and seconded lhc foregoing
followiug vote: ·
~J~o~bn=Martin~~·~~~~~~~~~~~~~~~~~~~·Aye
~M~·&~~~sam....,~~n"-~~~~~~~~~~~~~~~~~~·Aye
~T;~lJ!s.....,IH~oyp,_,t.__~~-,-----~--~~~-~~~·Aye
STATE OF COLORADO )
)~
County of Garfield )
I, County Clerk and ex-officio Clerlt of the Board of
County Commissioners in and for 1he County and State aforesaid do hen:by certify that
the llDlle)red and furegoing Resolution is truly copied fiom the Recottls of the Proceeding
of the Boan! of Coimty Commissioners for said Garfield County, now in my office.
IN WITNESS WHERF.QF, I have here1D1to set my blliid and llfi'ixed the seal of said
. County, at Glenwood Springs, tbis __ day of A.D. 2010
County Clerk and ex-officio Cletk of the Board of County CommissiODe111
. .. .. . ..... . . . . ···---·~·· .......
EXHIBIT
... . · · lfi~t!tt,~~,i~~!r'U.,,lftrM'~tlrAIW/~~·i 11111
9/11J/2 11 9133112 111'1 Jean Albariao
l <;r
· Of S eo ee1$0,00 Doo'Fee:0 .00 GARFie:D COLM'ITV CO
STA TE OF COLORADO )
)ss·
County of Garfield )
At a regwai meeting of the Boai:d of Cowity Commissioners for Garfield County, ·
·Colorado, held in,'the Commissioners' Meetlng ·Room, Garfield ~oiwty Plaza Building, in·
· Olenwo9d Springs on Monday, the 8.lb da.y of August, 2011, there were present:
auJ0"41bD1111.·...i.M1111artLUinll4....:. ____________ .~ Commission Cbainnan
a1iMf.,...ku:e.-S.am ... All.Xo.,.,n ____________ ,, Coinmissioner ·
· "'"'To,..m..._J""'@l!k......,,o .... vs...,fsI.,.__ ___________ , Commissioner
. · .. n ... ro .... w_o .. o_rg...,ey,.__ ______________ , Co'lllltY Attomey
...,C..,ar""'eyL-'O=iasn=ounl-o. _______ ___,, __ _,. Assistant County Attorney
.. Je..,,an .... A ..... l:i:s:b=er...,ico....._ ________ ~---'' qerk of the Board
·-=E=d_..,Ot=e=en...,,(i,=ab_.s=en=tl.___..--_______ _,. County Manager
when the following .proceedings, among otliers were had arid done, towwit: . '
RESOLUTIONNO. 2011-tt3
A RESOLUTION PONCERNED WITH THE SECOND BXTEN~ION OF A SPECIAL
USE PERMIT FOR THE RTZ ORA VEL PIT, TO ALLOW FOR AN ADDITIONAL
ONE-YEAR TO SATISFY CO,NDITIONS OF APPRQV AL. TfIB SITE IS OWNED
BY s~wtE RANCH, 'LLC AND IS LOCATED AT nm INTERSECTION OF CR300
AND SH 6, SOUTHWEST OF nIB TOWN OF PARACHUTE,.OARF~LI) COUNTY
PARCEL NO!S 2409-324-00 -138; 2447-064-00-057; 2447-061·00·056;
. 2445 .. 1~00-oro; 2445.123.00 ~012; 2441.01.2-00-025; 2445 .. 131.00-201
Recitals ·
. Ai Garfield County is a legal and political subdlvJslon of the State of Colorado for
which the Board of County Com.missioners is authorized· to aot. · · · · ·
. B. ~e the 8th day of August, 2011 1.the Board o'fCouuty Comniissio®rs .opened
a publfo meeting upon tht1 qul;lstion of whether to grant a second one .. year extension to .
s'atisfy the co~ditions· of appt'()val for a ~peolal Use Permit approved on July 13, 2009.
The Boatd oo!lBidered wl~ether the requested extension should be granted, granted with
conditions, or denied at which meeting the public and interested .persons were given the
opportunity to express their opinio~s regarding the issuance of satd ~xtenslon.
C. The Board of.County Commissioners ciosed the public meeting on the gth day
of August~ 2011, and acted on the basis .of subsl'ant.i.al competent ovidence ·produced at the
aforementloned hea~g. ·
D. The Special Use Pennit for the "Extraction, Processing, Storage and Material
Handling of Natural Resol!fces" for the RTZ Gravel Pit wa• conditionally approved on
July. 13; 2009 under Resolution No. 2009-Si fur real property descn'bed in a Special
Wammtjr Deed.recorded at Reception Number 776887 in .. the records of the Clerk and
Recorder, Garfield County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, ·as
ainendcd, and Condition 2. of· Resolution 2009-S2, the approval wai; effiictive fur a period
·of one year, with the allowance fur the applicant to request an ~ion of one year .to
complete conditions of approval.
· F. The Board of Connty Comrniufone.rs htild I\ public meetlog on August 2, 2010
· to consi\fer a request to extend the timefuune to satisfy thtl conditions of approval for a .
period. of one year, until July 13, 2011. The approval of the one-year extension is
memorialized inResolution 2010-61. · ·
F. In accordance witb the Garfield Couoty Land Use Resolution of 2008, ao
amended, the ·Applicant filed a request .to extend the time period to saJisfy conditions of
approval for an additiolllll one year, to July 13 111, 2012; · · .
··Resolution
NOW, THEREFORE, BE. IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
A. . The forgoing ReciQ!Js are incorporated by tliis reference as part of this Resolution.
B. The n:qul'St for extension of approval of a . Special Use Permit was niade
~istent with the· requirements of the OllJ'field County. Ullifiod Land Use
·Resolution of2008, as amended.
C. The publio meetfug before the Board of County Commissioners was extensive
and-complete; all pertinent fkcts, matters aiid issues were submitted; and all
interested parties were heard at that hearing. ·
D. The requested extension is in compliance with the Land Use Resolution of 2008,
asamCnded.
E. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County. · ·
F. A motion was made to appro\re a SCCllnd one-year extension fur th,e Applicants to
satisfy the conditions of approval contained in Resolution 2009·S2 until July 13,
2012. '
't!o A
Dated this /S' dayofW.•t·•-1-.A.D.2011.
A'ITEST: GARFIELD COUNTY JJ
COUNTY, COLORADO
Upon motion duly made
following vote:· ·
MMUSS~IEIRS, OARFIELD
~~M~artin~·!!----~~lilss!~--------~Aye
~M.,...~~e~Swama@~·n.._~~~~~~~~~~~~~~~~~-''Aye
_T~o=m~~~""=®=o~v!!ky......_··~~~~~~~~~~~~~~~~~-•Aye
STATE OF COLORADO
Co1JD1y of Garfield
)
)ss .
)
I, County Clerk and ex-officio Clerk of the Board of
Co1JD1y Cqmmissioncrs in and for the County and State aforesaid do hereby certify that
tlie W11111Xed and furegoing Resolution is truly copied from the Recordll of the Proceeding
of the Board ofColJD1y CommissioneIS fur said Garfield County, now fumy offiee.
IN WITNESS WHEREOF, I have hereunto set my hand awl affixed the seal of said
Co1JD1y, at. Glenwood Springs, this __ day of A.O. 2011
County Clerk and ex-officio Clerk of the Board of Cowty Commissioners
EXHIBIT
I H llll l'l"i1i l'i~1~.'11\1l~ rw.l~f k'ICr.¥11TlrtKl-t~ *'' 11111 R•eept1on#: 818796 06/15/2012 11 113 :14 ~ Jean Rlbtr1oo 1 of 3 Reo Fea :$0 .00 Ooo Fee 10 ,00 GARFIELD COUNTY CO
STATEOFCOLORADO )
)ss
County of Garfield ) · .
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Conunissioners' Meeting Room; Garfield Cowity Plaza Building, in
Glenwood Springs on Monday, the 14th day of May, 2012, there were present:
...,Jo=hn~M=amn~· ..._ _______ ___.. Commission Chairrilan
=Mik=· =e ...... ·s...,am.....,,,so=n=-----------'' Commissioner
~To~m ......... Jank= ___ ov~s=k...,y _______ _,, Commissioner
_Dr~e~w~G~o_r_ge_,y ________ ....,...,. County Attorney/Acting County Manager
~C~ar .... e..._y "'""G .... ag,.._n=o=n _______ ____,. Assistant County Attorney
""'Je=an=·"'"'Al=b=e .... ri.,..co.__ ________ , Clerk of the Board
when the following proceedings, among others were had and done, to-wit :
RESOLlITION NO. ~DIJ. ~ 3i
. .
A RESOLUTION CONCERNED WITH GRANTING A ONEM YEAR EXTENSION TO
SATISFY CONDITIONS OF APPROVAL REQUIRED ~y TIIB SPECIAL USE
PERMIT GRANTED FOR "EXTRACTION, PROCESSING, STORAGE AND
MATERIAL HANDLING OF A NATURAL RESOURCE" FOR THE RTZ ORA VEL
PIT. THE SITE IS OWNED BY 5-MILE RANCH, LLC ANO IS LOCATED AT THE
INTERSECTION OF CR300 AND SH 6, SOUTHWEST OF THE TOWN OF
PARACHUTE , GARFIELD COUNTY
PARCEL NO.'S 2409-324-00-138; 2447-064-00-057; 2447-061-00-056;
2445-124-00-010; 2445-123-00-012; 244 7-072-00-025; 2445-131-00-201
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners is authorized to act. ·
B. On the 14th day of May, 2012, the Board Qf County Commissioners opened a ·
public meeting upon the question of whether to grant a third one-year extension to satisfy
the . conditions of approval for a Special Us~ Permit approved on July 13, 2009. The
Board considered whether the requested extension should be granted, granted with
conditions, or denied at which meeting the public and interested persons were given the
opportunity to express their opinions reg~ding the issuance of said extension.
C. The Board ·of County Commissioners closed the public meeting on 14th day of
May, 2012, and acted on the basis of substantial competent evidence produ~d at the
aforementioned meeting. · ' ·
1111 Afl'.i.ll,N:111if~.1Ur1"'61 !tilrWllfl'Nll(IPlf.~·l II m
Reception": 8187118
05110/2012 f1;G3:14 ~~ Jean Altwl~JCO 2 er 8 Reo Fea:$0.D0 Doo Fee:0.00 GARFIELD CO\XllTV CO
. D. The Special Use Permit for the "Extraction, Processing, Storage and Material
Handling of Natural Resources" fur the RTZ Gravel Pit was· conditionally approved on .
July 13; 2009 iinder Resolution No. 2009-52 for real property described in a Special
Warranty Deed recorded at Reception Number 776887 in the records of the Clerk and
Recorder, Garfield County, Colorado.
E. In accord1111ce with the Garfield County Land Use Resolution of 2008, as
amended, and Condition 2. of Resolution 2009-52, the approval was effective for a period
of one year, with the allowance for the applicant to request an extension of one year to
complete conditions of approval.
F. The Board of County Commissioners held a public meeting on August 2, 2010
to consider a request to extend the timeframe to satisfy the conditions of approval for. a
period of one yeai:, witil July 13, 2011. The approval of the one-year extension is
memorialized in Resolution 2010-61.
G. In accordanee with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time perlod to satisfy conditions of
approval for an additional one year, to July 13th, 2012.
H. The Board of County Commissioners held a public meeting on August 8, 2Q 11
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2012. The approval of the one-year extension is
memorialized in Resolution 2011-43.
I. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for~ additional one year, to July 13th, 2013. .
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 this Resolution.
B. The request for extension of approval of a Special Use Permit was made
consistent with the requirements of the Garfield County Unified Land Use
Resolution of 2008, as amended.
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
1111W..11.11"','Hll,~.lh'IL~lllilt.M"ttll.~·i 11111
Re~~~ionH: 81870& .
0511512012 11103~1400 RM0 JeF•M R0 l~s,r~oRFIEtD COUNTY CO
3 of 3 Rec Fee:S111. "' oo ee: ·"' _,
D. The requested extension is in compliance with the Land Use Resolution of 2008,
as amended.
E. The requested extension is in the best interest of the health, safety and welfare of
the cilizens of Garfield County.
F. A motion was made to approve a third one-year extension for the Applicants to
satisfy the conditions of approval contained in Resolution 2009-52 until July 13,
2013.
-14.
Dated this /4 -day of '1'Yl ~ A.D. 2012.
ATTEST; GARFIBLD COUNTY
COUNTY, COLORADO
k of the Board
Upon motion duly made and seconded the fore oing
followlng vote;
STATE OF COLORADO )
)ss
County of Garfield )
y the
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 fi:oin 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. 2012
. County Clerk and ex-officio Clerk of the Board of County Commissioners
EXHIBIT
I
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 Plaza Building, in
Glenwood Springs on Monday, the 15th day of July, 2013, there were present:
John Martin Commission Chairman ~~~~--------____.
_M~ik~e~S~a~m~s~on~ _______ ____., Commissioner
~T~om~J~ank~o~vs~k..._y ________ , Commissioner
=D=re:....:.w.:....G=or=g=-ey,__ ________ , County Manager
'°"'Fr=a=nk==H=ut=fl=e=ss=-----------' County Attorney
=C=ar=e.._y-=G=a...,gn=o=n'-----------• Assistant County Attorney
""'Je=an=-"-A-.lb;;...;e=ri=c"""o _________ , Clerk of the Board
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO . ----
A RESOLUTION CONCERNED WITH GRANTING A ONE-YEAR EXTENSION TO
SATISFY CONDITIONS OF APPROVAL REQUIRED BY THE SPECIAL USE
PERMIT GRANTED FOR "EXTRACTION , PROCESSING, STORAGE AND
MATERIAL HANDLING OF A NATURAL RESOURCE" FOR TI-IE 5-MILE
GRAVEL PIT. THE SITE IS OWNED BY 5-MILE RANCH, LLC AND IS LOCATED
AT THE INTERSECTION OF CR 300 AND SH 6, SOUTHWEST OF THE TOWN OF
PARACHUTE, GARFIELD COUNTY
PARCEL NO.'S 2409-324-00-138 ; 2447-064-00-057; 2447-061-00-056;
2445-124-00-01 O; 2445 -123 -00-012; 2447-072-00 -025; 2445-131-00-201
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners is authorized to act.
B. On the 151h day of July, 2013, the Board of County Commissioners opened a
public meeting upon the question of whether to grant a third one -year extension to satisfy
the conditions of approval for a Special Use Permit approved on July 13, 2009. The
Board considered whether the requested extension should be granted, granted with
conditions , or denied at which meeting the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said extension.
C. The Board of County Commissioners closed the public meeting on 15th day of
July, 2013, and acted on the basis of substantial competent evidence produced at the
I .........
aforementioned meeting.
D. The Special Use Permit for the "Extraction, Processing, Storage and Material
Handling of Natural Resources" for the RTZ Gravel Pit was conditionally approved on
July 13, 2009 under Resolution No. 2009-52 for real property described in a Special
Warranty Deed recorded at Reception Number 776887 in the records of the Clerk and
Recorder, Garfield County, Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and Condition 2. of Resolution 2009-52, the approval was effective for a period
of one year, with the allowance for the applicant to request an extension of one year to
complete conditions of approval.
F. The Board of County Commissioners held a public meeting on August 2, 2010
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2011. The approval of the one-year extension is
memorialized in Resolution 2010-61.
G. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th, 2012.
H. The Board of County Commissioners held a public meeting on August 8, 2011
to consider a reqllest to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2012. The approval of the one-year extension is
memorialized in Resolution 2011-43.
I. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July 13th, 2013.
J. The Board of County Commissioners held a public meeting on May 14, 2012 to
consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year, until July 13, 2013. The approval of the one-year extension is
memorialized in Resolution 2012-38.
I. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, the Applicant filed a request to extend the time period to satisfy conditions of
approval for an additional one year, to July l31h, 2014.
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 this Resolution.
B. The request for extension of approval of a Special Use Permit was made
consistent with the requirements of the Garfield County Unified Land Use
Resolution of 2008, as amended.
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
D. The requested extension is in compliance with the Land Use Resolution of 2008,
as amended.
E. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
F. A motion was made to approve a fourth one-year extension for the Applicants to
satisfy the conditions of approval contained in Resolution 2009-52 until July 13,
2014.
Dated this day of , A.D. 2013. --~ ~---·
ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Clerk of the Board Date Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
_J~o2hn..,_,M'"""'art~i~n~---------------------'Aye/Nay
~M=i=ke~S=am~so=n~--------------------~•Aye/Nay
_T~om~J=ank~o~v=sk~v~--------------------'Aye/Nay
STATE OF COLORADO
County of Garfield
)
)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
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. 2012
County Clerk and ex-officio Clerk of the Board of County Commissioners