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Home My WebLink AboutResolution 2010-271111MY'i1rF:n1"4.\IJl,W1l1'111.~~lWaf~IW~l~,M1 ~ 11111 Recapllon#: 78SS.2 85/0312818 94,39 ,oa Pl1 Jaa~ Alberloo 1 of & Ree Feer$0.0D Ooo F .. ,g 18 l>RRFJELD COUNTY CO 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 Courthouse, in Glenwood Springs on, Monday, the 5cb day of April AD. 2010, thc:rc were present: ~Jo~hn!!4-t:Martin~.,.,· L--------------· Co~ione.-Chairman AT~resi~·~H~o~up~t'---------------Commissioncr .:.::Milc="=c=-=Sam=-=.,..so=n,__ __________ _,,. Commissioner .::::D;::ebo=rah=-"'Quino=" ""'-------------·Assistant County Attorney :.:Je::=an~Al,,.,,beri="co"""'-------------· Clerk of the Board .::::Ed=Green=.:..i<i:absen==-=-tl.__ __________ • County Manager • when the following prococdings. among others were bad and done. to-wiC RESOLUTIONNO. 2010-27 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A FRESH-WATER IMPOUNDMENT ON 6.39-ACRES WITIDN A 1,130-ACRE PARCEL OF LAND OWNED BY THE RICHARD AND MARY JOL~YFAMJLY LLLP AND LOCATED ON THE soum SIDE OF' COUNTY ROAD 335 BEI:WEEN GARFIELD CREEK AND DIVIDE CREEK, GARFIELD COUNTY PARCEL NO# 2181-172-00-086AND1181-163-00-085 Recitals A. The Board of County CommissioDCIS of Garfield County, Colorado, received a request for a Land Use Change Permit to allow for constJUction and ope::mtion of a Water lmpoundment to be generally located as shown in Exhibit A • B. The Water Impoundment is on 639--acres withio a 2, 130-acre parcel of land owned by Richard and Mary Jolley Family LLLP and descn'bed in a Special Warranty Deed recorded at Reception Nwnber 486892 and as Corrected by Special Wmranfy' Deeds rcc.ordcd in Book 1558 at Page 960 and at Book 1558 et Page 962, Reception Number 645994 in the office of the Garfield County Clerk and Recorder. C. The suijcct property is contained within unincorporated Garfield County in the Rural zone district and located south of Couoty Road 335 southwest of the Town of New CastJe. D. A Water lmpouodment requires a Land Use Change Permit through a Limited Impact I IUI 1Yi1if:l1~.\rt'JL MN!".li"rf <~Nlf.1.W. ~11.\ 11111 Reception•: 7a5542 · 15/0312018 04:39:ell !>ft Jean Altie,.!co 2 of s Rec FH:$0 .00 Ooa F ••• 11 .eo lOARFIELD COUlfTY co Review in the Rural Zone District of Garfield County. E. The Board is authorized to approve. deny or approve with conditions a Land Use Change Permit pursuant to the Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened a public bearing oo the 5111 day of Aptjl. 2010 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested peisons we~ given the opportunity to express their opinions regiuding the request. H. The Board of County Commissionm; closed the public hearing on the 51h day of April, 2010 to make a final decision. I. The Board on the basis of substantial competent evidcilcc produced at the aforementioned hearing. has made the following determinations of &ct: I. That proper public notice wns provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Co.mmissionm was extensive and complete, that all pcrtioe:ut facts, mattas and issues WCfC submitted. and that all interested parties were heard at that meeting. 3. That for the above sta1ed and other reasons 1he proposed Land Use Change Pc:unit for a Water Impoundment on 6.39-acrcs within a 2,130-aae parcel in the Rural zone district is in the best interest of the health. safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield ColDlty if recommended conditions of approval are adopted. 4. That, with the adoption of reco~d conditions, the application bas adequately met the mquiremenls of the Garfield County Unified Land Use Resolution of2008, as amcoded. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield COWtty, Colorado, that: A. The forgoing Recitals are incorporated by this reference es part of the resolutioIL B. The Land Use Change Pem:iit for a Water Impoondmeot through a Limited Impact Review is hereby approved subject to compliance with the following' conditions: 1. That all representations made by the Applicant in the application and at the public 2 ________ ._.... _____________________ ··--·--... -· . -· ··-· he.aring before the Board of County Commissioners, shall be conditions of approval unless specifically altered by the Board of County Commissioners. 2. The water impoundment shall co~ply with all federal, state and local requirements including laws. permits and standards. 3. The Jolley Land Use Change Pennit permits a water impoundment for ftesh water only. No accessory uses are permitted fur this site, other than maintenance-related activities for the pond and the pipeline that connects the pond with tho pump station. In particular, no storage of equipment, vehicles or fuel is included in this approval. 4. The rcvegdation process shall be ini lialcd within 60 days if use of the fi'esh-water impoundment facility ceases. Revegetation shall meet the rcquircmems of Sections 4.06, 4.07 and 4.08 of the Garfield County Weed Management Piao (Resolution 2002-94) or the site recle.mation standards in place at the time of the use cessation. whichever is more stringent Should the property owner continue the use for agricultmal purposes after cessation of the use for Oil & Gas activities the property owner may request re1ease of the bond 5. Prior to issuance of the Land Use Change Permit the Applicant shall provide security for revegetation in the amount of $15,975 for 6.39 acres of disturbed area associated with the water impoundment ($2.SOO per acn:). 6. Prior to issuance of the Land Use Change Pennit the Applicant shall treat the noxious weeds on the site and provide tn:atmcnt records to Vegetation Management to dcb::lmine compliance with the weed management plan. 7. Prlorto issuance of the Land Use Cbailge Petmit the Applicant shall comply with mitiption measures rcoolilDlCDded in the Wildlife and Semilive Aicas Report piq>8fCd by WestWatcr Engineering and by the Colorado Division of Wildlife to avoid wtldlife entrapment in the impoundment: a. An eigbt-foot (8') feocc shall be constructed around the pond to prevent wildlife access. If gates in 1hc fence arc nccdcd for access to the pond, they shall also be eigbtfoot{8') in height b. Wildlife escape ramps shall be installed around the impoundmcnl 8. Prior to issuance of the Land Use Change Permit the Applicant shall be required to obtain a building permit fur the tcncing around the impoundmcnL 9. Prior to issuance of the Land Use Change Permit the Applicant shall be required to obtain a grading permit for the constructed water impoundment paying double the grading permit fee due to permitting of the activity after the fact. 3 . ' , . -. . . , ' -~-. ' -' ~ . . . 1111 wi1rr:rr1~.\11t~Wll twb wra:rff1"fl~ti1,1.t1 ~·~ 11111 ReceptlanU: 785542 05/113/2018 84139 ;90"" Ja.., Al ... rlco 4 of 5 Rao F .. 1$8.8111 Doa FHt 9 .llO GARFIEU> COlllTY CO .Ar). Dated this -2.__ day of--'-l'Yl.~%f=r---~· A.D. 20j_Q_. ATfEST: oftheBoard Upon motion duly made and seconded the fo~Mni~es1 following vote: BOARD OF GARFIELD =C=O~MMIS""'='-S~l=ONER."""""=-""C=-HAIR=.==J~O=HN=--F~·~MAR==~TIN==--~~-~----.a·Ayc .... c ..... OMMJ==S=S=IO,...NER:.:="'-'J"RE-====S=-1 H=O=UPT.:;..::....::.-__ . _________ • Aye =C=O=MMI===SS=l=QNER.-=--==MIKB=-=~S~AM=--=S=ON....,,_ ____ ~--~-~·Ayc STATE OF COLORADO ) )ss CountyofGmficld ) _ I. Comlty Clerk and ex-officio Clczk of the Board of County Co~ioners, in and for the County and State aforesaid, do hereby certify that the annexed mid foregoing Resolution is truly copied from the Recmds of the PrOcecding of the Board of County Commissioners for said Garfield Cowity, now in my office. IN Wl1NESS WHEREOF, I have berctmto set my band and affixed the seal of said County, at Glenwood Springs. this __ day of A.D. 20 __ • Cowity Clerk and ex-officio Clerk of the Board of County ~oners