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HomeMy WebLinkAbout1.0 BOCC Staff Report 08.01.2011Exhibits for Board of County Commissioner Public Meeting August 1, 2011 — RTZ Gravel Pit SUP One Year Extension . M --- - cr 'x, !6' Ems, a °rs:.? 3 --*s'` �`�s.;,�,sa."`z_ `lke=� «-kias``'_"-'ems. ^" .t^,s,''�tu'ra:..,.A.�` 0Garfield County Unified Land Use Resolution11: as amended Garfield County Comprehensive Plan of 2000, as amended ©Email requestdated July 13, 2011. Staff Memorandum ©Resolution 2009-52 ®Resolution 2*111 . I- I- From: Tim Thulson To: Kathy A. Eastley; Subject: RTZ Gravel Pit Date: Wednesday, July 13, 20113:52:44 PM Kathy, Pursuant to this correspondence the undersigned as attorney for the Applicant, Specialty Restaurants Corporation and Stockton Restaurant Corporation, hereby requests that the Board of County Commissioners extend for an additional one year, the Resolution previously issued by it under Resolution No. 2009-52. At present this approval is set to expire today, July 13, 2011. Thanks Very truly yours, Timothy A. Thulson Balcomb & Green, P.C. P.O. Drawer 790 818 Colorado Ave. Glenwood Springs CO 81602 970-945-6546 970-945-8902 - Fax The information contained in this electronic. mail message is protected by the Attorney/Client and/or the Attorney/ Work Product Privileges. It is intended only for the use of the individual(s) named above. If you have received this communication in error, please immediately notify the above sender by telephone, and delete this message and any attachments. Thank you. BOCC 8/1/2011 KE PROJECT INFORMATION REQUEST Second One -Year Extension — RTZ Gravel Pit Conditional Approval granted July 13, 2009 PROPERTY OWNER 5 -Mile Ranch, LLC LESSEE RTZ Industrial, LLC Tim Thulson — Balcomb & Green, P.C. LOCATION Southwest of Parachute, south of the intersection of CR 300 and SH 6 I. BACKGROUND 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 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 DBMS, 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. II. REQUEST The conditions of approval adopted by the Board have not been satisfied therefore the Applicant has requested a second extension to allow for an additional one-year period of time, until July 13, 2012, EXHIBIT C. Pursuant to §4-103 G.8.b, of the Unified Land Use Resolution of 2008, as amended: S. Expiration of Approval. Unless otherwise provided by these Regulations or stated in action approving a land use change application, the decision to approve or conditionally approve the land use change shall be valid for a period of one year, to complete all conditions of approval. b. Impact Review (3) Major Impact Review. The Board's decision to approve or conditionally approve a land use change application by Major Impact Review shall be effective for a period of one year. Prior to expiration of the original Major Impact Review approval, the applicant may request an extension of one year to complete conditions of approval. III. 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 a second one-year extension to conditional approval granted by Resolution No. 2009-52 for the RTZ Gravel Pit. The conditional approval of the Special Use Permit shall expire if conditions of approval are not satisfied on or prior to July13, 2012. rDl�1'dl11%li�fi��1►tllll�tl��d$N M1,t�'C:U8LN14 will 07121, 09:05.27 RK Jean A9,OD GA 1 p/ 1 Rao Fep:SD 00 Don Fee:0.00 60RFIElO COUNTY CO STALE OP COLORADO ) )ss County of Garfield ) At a regular meeting of the Board ofCounty Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 13'I' day of July A.D. 2009, there were present: John Mardn Commissioner Chairman Mike Samson Commissioner Tresi Hount . Commissioner Don Deford , County Attorney Cassie Coleman , Assistant County Attorney stan Albedto . Clerk of the Board Fd Orm (absem) County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2009-52 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR "EXTRACTION, PROCESSING, STORAGE AND MATERIAL HANDLING OF A NATURAL RESOURCE" FOR GRAVEL EXTRACTION WITHIN A +130 -ACRE LEASE AREA WHOLLY CONTAINED WITHIN A *112WACRE PROPERTY OWNED BY SPECIALTY RESTAURANT CORPORATION AND STOCKTON RESTAURANT CORPORATION DESCRIBED AS THE SE'y+ OF THE SEI/4 SECTION 28 AND SECTION 33, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6m P.M., GARMLD COUNTY PARCEL NO'43# 240932400138,,240932400138; 244706400057; 244706100056; 244512400010;244512300012; 244701200025;244513100201 citais A. The Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit request for a "Extraction, Processing, Storage and Material Handling of a Natural Resource" within a property owned by Specialty Restaurant Corporation and Stockton Restaurant Corporation, Garfield County. B. The subject parcel is legally described in a deed recorded at Book 1226, Page 677 at reception number 574813 with the Garfield County Clerk and Recorder, and more generally described as Five Mile Ranch, whose eastern boundary continences at the southwest intersection of ■�uriM�'4#1M1Y�N�tr,G1+���6l6hhL14�cElldCt,IN I MINI EW MW -CO County Road 300 and State, Highway 6 & 24 south of Parachute, CO in unincorporated Garfield County. C. The subject property is within the Agricultural Residential Rural Density (AMM) zone district, where such use is permitted as a Special Use. D. The Board of County Commissioners considered the question of whether to refer the application to the Planning Commission at a public meeting held on January 19, 2009 when the Board referred for Planning Commission review and recommendation. E. The Planning Commission held a public hearing on the 25h day of Marc!], 2009 to consider the application and determine a recommendation to the Board of County Commissioners upon the question of whether the above-described SUP should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP. F. The Board of County Commissioners opeuedapublicbearingontheI'dayoUtme,2009 and continued thebearing until 130`ofJuly, 2009 whenthequestion ofwhether Ore above-described SUP should be granted or denied was considered, and during which hearing the public interested persons were given the opportunity to express their opinions regarding the issuance of said SUP. B. The Board of County Commissioners closed the public hearing on the 13" ofJuly, 2009 to make a decision regarding the request. F. The Board on the basis ofsubstautial competent evtoence proouccu al um hearing, has made the following determinations of fact: 1. proper posting and public notice were provided as required for the meeting before the Board of County Comloissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use convenience, order determined to be in the best interest of the health, safety, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements ofthe Garfield County Zoning Resolution of 1976, as amended. 2 mill N�'�PL'�Vhi�lGhhtl6t IIlI, tr+1t Nitt�ihl'A+t4dN d mill amIaeaa�u rinse mrixm eF:Dsx� as dean am m rose 3 of li Reo esx .00 Doo Fee:0.06NRFIEtA COMM CO NOW TMREFORE, BE iT RESOLVED by the Board of County Commissioners Of G"freld County; Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. A Special Use Permit for a "Extraction, PmeoWng, Storage and Material handling of a Natural Resource" for agravel extraction project to be limited to a&130 -acre lease area on a i1,200 -acre property, (said lease area being described in attached ExhibitA and graphically shown in the approved mining plan attached as Exhibit B), in Garfield County is hereby approved subject to compliance with the following conditions: 1. All material representations made by the Applicant and their representatives in the application or during the public hearing must be adhered to as conditions of approval unless otherwise stated by these conditions. 2. This approval shall expire if the Special Use Permit has not been issued within one year of the date of approval ofthe application. The Special Use Permit shall expire fifteen(IS)years f nithedateofissuance.IfminingopeMdOnshavenotceasedand reclamation of the site has not been completed to the satisfaction OfCmrfield County and the DRMS, the Applicant may request an extension of the permit be granted by the Board of County Commissioners. 3. The operation of this activity must comply with all local, state and federal requirements. A. Hours of Operation related to mining activity shall be limited to 7 km. to 9 pm. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7:00 a.m. to 6 p.m. allowing for administrative and maintenance activities to take place until 9:00 P.M. 5. The site is required to comply with the recommendations contained in the Noise Assessment Report prepared by EDI, hu;. as follows: a Noise control methods such as barriers or berms using overburden or stockpiles may mitigau the noise emissions from stationary equipment; b. All equipment operated by the Applicantwillbefitted with noise controldevices such as mufflers, intake silencers, baffles and screens that are equal to or better than manufacturer's original configurations. 0. Customer'shaultrucksshalinotexomdthenoiselimits listedinCRS25-12-107. The Applicant or the Applicant's pit operator may monitor the noise emissions lot �l �M1,'iFH1�Nb,1Mitha�6t LIW��44C1�61R illi) PseceptxaNl• rrx78 ICFI2008 Ofl:05:27 M .tan R�Derlen 4 of 11 Rea Fee: x0.0 One Fae: ,00 0RRF1£lA COLwmY W of the Customer's haul trucks and prohibit their seems 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 Planning Department and said permits must be consistent with the approvals granted berein: a. Well permits consistent with the Court Decree of Case No, 07CW88 (including application for variance approval to the Board of Examiners for Water Well Contracts) and satisfactory to allow for construction 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 Permit, unless thoBardofCountyCommissionerswould change policy and be the applicant for the State Highway Access Permit; d. Garfield County Road & Bridge driveway permit; e. The general mining Air Pollution Emission Notice (APEN); f The dust mitigation plan Air Pollution Emission Notice (APEN); g. The crushing and screening equipment (individual) Air Pollution Emission Notice (APEN); b. If necessary, an Air Emission Permit related to mining operations that produce greater than 70,000 tons per year; i. Process Water and Stormwater Discharge Permits; j, Construction De -watering Permit. Any person at any time can call the following agencies directly and request an inspection if they believe a condition of that agencies permit is being violated: CDPHE— Air Quality Control 303-692-3150 CDpHE Water Quality Control 303-692-3500 US Army Corps of Engineers 970-243-1199 Division of Reclamation and Mine Safety 303-866-3567 Colorado Department of Transportation 970-248-7000 7. priorto issuance ofthe Special Use Permit the Applicant shall submitaffidavits from water, wastewater and waste disposal companies for service compliant with the approvals 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 facilities and equipment storage shall be limited in 4 ���w�a���►Y7'ti�ai�uci��t�mlat+t�ur��1� aim $siatuzmen ee:es+zss ae.n slw�foo ieo taunt co 6 0 11 Rao F49+S0.00 Doo Fea;$.Da ae:F location to that area which is identified on the site plan as the Facilities Area. 10. Pursuant to the recommendation ofthe Colorado Division of Wildli£eon site refuse containers must be bear -Proof. 11. The site must adhere to the recommendation of their wildlife biologist as follows: a. bighting — excessive or night-time lighting is not recommended in order to allow. big game use ofthe area; b. Roads—Minimise fencing along the roads and remove old non-functional fences to facilitate movement and retaining walls should minhnked; C. Fences —specylvationsand requirementforsnowfeningorsiltfencing; d Landscaping and Revegetadon—Since the area is used as winter range and critical winter range, the reclamation of the site will need to occur using native plan specles and vegetation profiles. Revegerwan should 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 minimum of 3H:1 V prior to topsoiling and seeding. 13. The mount ofmined slope allowed to be present that is not backfilled at any given time is 1000 feet. 14. The amount ofbackfilled slope that isnottopsofied is limitedto 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 reclaimed within 6 months atter commencement of the now phase of mining operation. Tfthereclamationhasnot commencedinsix months,orifreclarradonhas not been completed within 18 months, all mining operations on the property shall stop until the reclamation / revegrWon has occurred to the satisfaction of the County. Completion, including but not limited to top -soiling, seeding, mulching, sapling planting, and water filling the lake(s) shall be determined by the provisions contained within the reclamation plan approved by the Board of County Commissioners. 17. The operator will submit an annual report to the County Building and Planning SII W11 //1111611 Ni 119 llMdrP IPA W PIM 114 loll B �771780Ra27 Js�ear0 i �F10.D COUTY CO07aERee29iEa®,MDo0 Department with GPS measurements shown on a map showing the current disturbance, what area have been backfilled, where topsoil stockpiles are located, all site stracturm,whatareas have been seeded, mulched and what is planned forthe ensuing 12 months. Ig. The County commits to notifying the operator of any compliance allows an inspection with site personnel and the designated County inspector prior to contacting any agency. 19. The County can, request a site inspection with one day's notice to the operator. Full access to any part of the site will be granted. On request, all paperwork must be shown, The County cannotrequestalargenumberof inspections do would interfere with normal operation without cause. 20. The County will be invited to any bond release inspection of the state Division of Reclamation and Mune Safety. The County inspector will have the opportunity to derrionstratethatany1tern ofthopermithas not been complied with andthattlieboad should not be released. 21. The Operator acknowledges that the County has performance standards lnplaeethat could lead to revocation of the Special Use Permit if continued violations of the permit occur over a period of time. 22. The recismtation approved by Garfield County in the Special Use Permit shall be resubmitted to the DBMS to become the only reclamation plan (tasks / timetable) use by both the County and DRMS. Additionally, a bond shall need to be calculated to cover this plan and secured with DBMS to cover its implementation. 23. The Applicant shall provide locations of County listed noxious weeds on a map. Oncetheinventory is provided the Applicant shall develop aweed managementplan that,addresses all County -listed noxious weeds found on site. This weed management plan shall be submitted to the County Vegetation Manager for approval prior to the issuance of the Special Use Permit 24. Prior to issuance of the Special Use Permit the Applicant shall submit evidence of insurance for a minimwm of $1,000,000 to cover. any damages to public and private property, and Garfield County shall be named as an additional insured. 25. A Berming, Screening and Buffering Plan shall be submitted to Building and Planning prior to the Board of County Commissioner public hearing on this application. This information is currently contained in various area within the submitted documentation however staff requests one document, entitled as above, containing the related information. 1111Ib [.�P14�►hRn�F►�MIJI,1A IW�MMNha0111 26. The Resolution and Special Use Permit issued for the RTZ Gravel Pit shall supersede and replace in its entirety Resolution No. 81-227 which will in effect no longer be valid. . Dated this AU day of A.D. 20-P.L. L. ATTEST: of the Board Upon motion duly made and seconded the following vote: M BOARD OF GARFIELDCOUNTY, STATE OF COLORADO ) )ss County of Garfield ) Aye Aye Aye by the County Clerk and ex-officlo Clerk of the Board of County Commissioners, in andfoithe County and State aforesaid, doherebyoerttfYthattheaanexed and foregoing Resolution is trulycopied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in MY office. 1N WffNESS WHEREOF,1 have hereunto set my land and affixed the seal ofsaid County, at Glenwood Springs, this , day of County Clerk and ex -officio Clerk of the Board of County Commissioners DM$im of Redamatton MWag & Safety Pemdt AppGceUOn EXHIBIT A RTZ INDUSTRIAL SAND & GRAVEL MINING OPERATION GARFIELD COUNTY, COLORADO 6.4.1 EXHIBIT A,=Le9 n1r-12ti0n A PARCEL OF LAND SITUATED IN SE114SE114 OF SECTION 28 AND IN SECTION 33, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33, A SL.M CAP 1N PLACE, THE POINT OF BEGINNING; THENCE 800001'S5"E ALONG THE EASTERLY BOUNDARY OF SAID SECTION 33 A DISTANCE OF 1,.369.44 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY S17'45'22"W ALONG THE WESTERLY RIGHT-OF-WAY OF UNA ROAD A DISTANCE OF 1,065.87 FEET TO A POINT IN THE CENTER OF THE COLORADO RIVER, AS DEFINED IN BOOK 602 AT PAGE 964 OF THE GARFIELD COUNTY 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 S851521"W A DISTANCE OF 324.97 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S69 2V30"W A DISTANCE OF 316.71 FEET; THENCE CONTINUING ALONG SAID CENTERLINE 848°53'02"W A DISTANCE OF 337.31 FEET; THENCE CONTINUING ALONG SAID CENTERLINE 820'46'48"W A DISTANCE OF 328.61 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S11"5T01"W A DISTANCE OF 869.10 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SW03'25"W A DISTANCE OF 1,512.73 FEET, THENCE LEAVING SAID CENTERLINE N55052'00"W A DISTANCE OF 326.96 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD; THENCE N34°08'00"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°4848", A DISTANCE OF 420.03 FEET, (CHORD BEARS N3701264"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 N0001712"W ALONG SAID NORTH -SOUTH CENTERLINE 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 I r1422", A DISTANCE OF 601.36 FEET, (CHORD BEARS N4e°41'42"E A'DISTANCE OF 600.21 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N55"OS'54"E A DISTANCE OF 98.95 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N6529'00"E A DISTANCE OF 2,142.73 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID SECTION 33; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY IGHT OF - WAY N87' 19'01"E ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 94.82 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY AND CONTINUING ALONG SAID RIGHT-OF-WAY N5V290WE A DISTANCE OF 299.37 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID SECTION 28; THENCE LEAVING SAID RIGHT -0F -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. ®ii Nd'+PL��Y�C�lit IM+LM6� I�ti01�Lt�hCIM4�'�L it tll Reeaplienit: 7712"7&0 D16islon of ReORMBWn FMNng&Safety 97oZIt7�Rec0fee�i S0�0B ♦MO K+0 �7oCNRFIELD COUNTY CO p. mtlAW mllon MINE MAIN ENTRANCE RTZ MINE LATITUDE - 39024'02"N . LONGITUDE -108° 8'17°W DATUM - NAD 831WG384 PHASE It mmm �fz AREA PNaPEATY IFAU kR MDU -"ML =m wawcs. 0 $160, 4 06"A rAw'om MMAATIM PROAlf.T RTZ PIT OOONOARY MY TOTAL - TOTAL ARVA 10.7 0.40 Acres Arras .. R. .. Mining Pion RRO[CA muWARr m f rw a. Aeo. �� R2 Pn WRORr �y. • own eR .n wro An i i MS/iCRE aTc-PORT H.Au EXHIBff e >_h!C0.YY • a CU.r: r;. CMRAAAOAD .. ,_ EOE[ W WA$ 91WE OYTR HEM POWFR IME � k RLEFNNIC Q20d f MW My Qmz RRO[CA muWARr ❑ R2 Pn WRORr I+e.o.. �>ei�.,j EOSia+c nEIlAKiS PEwAARO!T SEW WA OPAMC mm IwAml iFE N0. RTZ Industrial LLC 6.4.4 mpm 00/e MISILI'0 k 5388 D.Jr.!i10P IELO COUNTY CO STATE OF COLORADO } )ss County of Garfield At a regular Ming of the Board of County Commigsioners for Garfield County, Colorado, held in the Commissioners" Meeting Room, Garfield County plmBuilding, is Glenwood Springs on Monday, the tad day of August, 2019, there were present: Commissioner Chairman ,",onwoissiomr commissioner Assiut County Attomey ClerkoftheBoaad Couuaty Manager when the following proceedings, among others were bad and done, to -vat: RESOLUTION NO. 2020-61 A RESOLUTION CONCERNED WrM EXTENSION OF A SPECIAL USE PERMIT FOP TM RTL GRAVEL PTP, TO ALLOW FOR AN ADDIT10NAi.ONF-YEAR TO SATISFY CONDITIONS OF APPROVAL. THE SITE IS OWNED BY SPECIALTY RESTAURANT CORPORATION AND STOCKTON RESTAURANT CORPORATION AND LOCATED AT 7W INTEItSECTION OF CR300 AND SH SO{)'IgIWESI'OF T*M TOWN OF ARACIiUM G`ARFIELD COUNTY 6, PARCELNO.'S 2409-324.00-138; 2447464-00.057; 2447-061-00056; 2445-12400 014; 2445-123-00012;?A47A72QM5'2445-1314)0-201 A. Garfald County is a legal and political mon of the State of Colorado for which *0 DowdofC*=1Y Comassms (Birth is authorized n ad. B. On 2`,d day of August, 2010, the Board of County C`,omadWotmrs opened a public macting upon One question of whether to groat aoade yea' extension to satisfy the conditions of approval for a Special Use pen * approved om.Jaly 13, 2009. The Board considered whir the mgoretad erctenalon should be granted, guruted with OuaMon% or denied at which as eft the public and interested 110010M were gim the OPPortunity to express their opumons 18 the issumace of said exeem5ion C. The Boma ofCounly COmmissioners closed thepvblic meeft on thus 10 day of Aust, 2010, ander ted on thebob of snbstaatiah oompeDmtovtdmceproducod at itis aforementioned hearing, �NIIVWS.N�NW�At9�tlfII+R1MPt14RI/Nl�� milli ReoePllentl• &7 MI - W/f IgIq 09 22199 RR Jean RlberW 2 0/ eo Fee:S9.00 Deo Faet9.99 [mRF1EL0 CplRTY CO 1). 11M special Use Fa=h for die "Extraction, PfOcaosio& SwrW and Material Handling of Natural ResougoeC for the RTZ Cnavd Pit was anditionaity approved on July 13, 2009 under Resolution No. 2004-52 far real propeaty destaibed in the doamient re OWM at ROOM ioaNumber 574813 in *a records of the Clerk aril Reoordar' G rfield County, Colorado. E. In accordance with the Garfield Cotmty Land Use Resod On of 20081 as was eff"" for a on amended, and the Condition Z. of Resolution 2009-52,&D approval � of one period of e year, with the allowance for the applicant to ragaest an year to complete conditions of approval. F. do aeoordaaee with the Garfield Can* LOA Use Resolution of 2008, as amended, de Applicant filed a request to erdcnd the deadline to satisfy' ou"fions of approval for one year, to July 13e, 2011. NOW, TjEPJ ORB, BE IT RESOLVED by the Board of County ConwnisAonns ofOnrfield Comay,Cohnado, that: A. ThefotgoiMR,e,it&areinoorporaielbytbisroferenceaspartofduisRmhll loo. B. The request for extension of approval of a Special Use pennit was made ...,W with ills raqudr tits of the Garfield County Unified Land USO Resolution of 2008, as amended.• C. The public meting before tin Board of Coeaty Commuars was ex'snrve and oomplelt; all par&tut Uc% noso= sad tissues axre submittal: anal A in� parries were heard at 010thearin8. D. The requested extension is in compliance with the land Use Resohrtion of 2008, as amended. E. The requested extension is in due beat interest of the health, safety and welfare of due cldzens of Garfield Courdy. F. A motion was meds to approve a one-year cAmsim for We Applicob m sadsfy the conditions ofapproval ooaWwd in Resolution 2009-52. Dated rias qtt' day of-, AD - 2010- i� ���h�� U�+�Iciwl�Mi�6�i�1NM1 ff NI R 111m 08f11fR010 B8 481 RA Jean Rlborlo6 , 3 of 9 Rso F6.:80.00 Dao F66t0.0 GRRFIfl-DY ATiE3T: GARFIELD CO l 4� 01' COMMiss/+ (iARFIELD COUNTY. COLORADO" ,.••»••� I / /I m. A-m� I i SEAL , Board _d Upon motion duly made and seoonbded die foregoing hAion adopted .the following vote: Aye Jo Aye Aye � t STATE OF COLORADO ) County of Garfield ) County Clerk and ex-0ffido Clerk of the Board Of County Commissioners in and for fire County ami State aforesaid do hereLY ceatifY dmf the annexed and fowong Resd!don is truly OVW km the Records of the Pmceeditig oftM Board of County Commissionem for old Go" County, now in my ollice. Ill WITNESS y1WMRF..OF, i Lave hereunto set my hand and affixed the seal of said County, at Gknwood Springs, d As `day of A.D. 2010 County Clerkandex-officio Clerk of the Board of County Commiasionets