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Home My WebLink About3.0 Resolution 84-262Recorded at // /0 o'clock 4. M. DEC 3 11984 Reception fVo. M1LL' ED ALED.. RF, RECORDER GARFIELD COUNTY, COLORADO QOGK Pgabilt STATE OF COLORADO ) Recorded at � 1 o'clock ;<7 IGI._ si ss Reception No.. 4' I'J71': DRED AL DORM, RECORDER GARFIELD COUNTY, COLORADO 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 Thursday , the 27th day of December A.D. 1984, there were present: County of Garfield Larry Velasquez Flaven J. Cerise Eugene "Jim" Drinkhouse Steve Zwick Mildred Alsdorf Commissioner Chairman Commissioner Commissioner County Attorney assistant Clerk of the Board ao0K 662 Fac€' 01 When the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 84-262 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY STORM KING MINES, INC. WHEREAS, the Board of County Commissioners ot Garfield County, Colorado, has received an application from Storm King Mines, Inc., for Special Use permits for extraction, storage and limited processing ot natural_resources, industrial support facilities, water impoundments, mineral waste disposal, access routes and the wholesale/retail sale of coal on -the tract of land described in'Exhibit A, attached hereto: WHEREAS, pursuant to required public notice, the Board conducted a public hearing on the 17th day of December, 1984, upon the question -of whether the above-described special use permits should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said special use permits; arid, WHEREAS, the Boardon the basis of substantial competent evidence produced at the aforementioned hearing, has made tne following determination of fact: 1. That application has been filed in accordance with Section 5.03 of the Garfield County Zoning Resolution of 1978, as amended; 2. Proper public notice was provided as required by Section 9.03.04 of the Garfield County Zoning Resolution of 1978, as amended; 3. The proposed use is compatible with the uses existing and permitted in tne district in which it is to be located, provided that certain hereinafter contained conditions be complied with; and 4. That for the above stated and other reasons, the proposed Special Use Permits are in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. Bonalf4!me7a5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado that the Special Use permits be and hereby are authorized permitting the use of the above described tract of land for extraction, storage and limited processing facilities of natural resources, industrial support facilities, water impoundments, mineral waste disposal, access routes and wnolesale/retail sale of coal, on an incremental basis, upon the following conditions being met: 1. Tnat all verbal and written representations of the applicant. shall be considered conditions of approval, unless specified otherwise by the Board of County Commissioners. 2. That any permits issued will be valid until July 1, 1988. 3. That prior to the issuance of any Special Use permits: A. The applicant will revise the Storm King Mines Fiscal Impact Assessment to reflect the current plan of operations, and that the revised Fiscal Impact Assessment will be reviewed by the affected governmental entities and a mitigation plan established that is acceptable to the Board of County Commissioners B. That the copies of all other permits from other governmental agencies required for the proposed Special Uses be submitted to the Department of Development. C. That the applicant submit a landscaping, .Lighting and color scheme plan for the facilities which minimizes visual impacts to the extent reasonably feasible for the proposed uses and is acceptable to the Board of County Commissioners. 4. That prior to the issuance of Special Use permits for extraction, storage, water impoundment and mineral waste disposal the following conditions be met: A. That the applicant agree to limit blasting activity to daytime hours if the noise impacts to nearby residents is determined by the Board of County Commissioners to be greater than projected. B. That written verification from the Division of Water Resources of a legal water source be provided to the Department of Development/Planning Division. C. That written verification from the Town of New Castle of their ability to accept the sewage effluent from the project be submitted to the Department of Development/Planning Division. 5. Tnat prior to the issuance of Special Use permits for industrial support facilities, retail/wholesale sale of coal, and the access routes, the following conditions be met: A. That the applicant agree to pay for a traffic safety analysis of the proposed haul road and that the traffic safety engineer oe hired by Garfield County. That the conclusions of the traffic safety analysis will be incorporated into the design and improvement of the haul road. That, at a minimum, the analysis study: 1. Present traffic volumes on CR 335; New Castle I-70 Interchange and St. Hwy. 6 & 24 at the interchange. BODX 662 f.a.GE1136 000 6642'4E706 2. Projected volumes tor a specified period of time. 3. Establishes limits to traffic volumes. 4. Identifies measures necessary to mitigate congestion and circulation problems. B. That the proposed haul road be designed based upon a pavement thickness design performed by an engineer qualified to perform such a study. Further, that the Board of County Commissioners review the document and require the applicant build the haul road in accordance with the specifications contained in the report. C. That based on the traffic safety analysis, a maximum number of truck trips per day be established for the hauling of coal and that a limited size of the operation be established, but in no case will the test mine exceed 500,000 tons of. coal per year or an average of 54 round trip truck trips per day on a monthly basis. Dated this a7 day of, , A.D.%/(S7`7/ ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO Cler, of the Board /' Upon motion duly made and the foregoing Resolution was adopted by the following vote: Larry VelasQuez Flaven J. Cerise Eugene "Jim" Drinkhouse STATE OF COLORADO County of Garfield ) Aye Aye Aye 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 Order 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. LEGAL DESCRIPTION Description: BODS( 662 IIGE187 Exhibit A 8113K 6 f' GE7O A parcel of land situated in Lots 1,2,3 and 4 and the S1/2NW4, and S1/2NE4 of Section 6, Township 6 South, Range 90 West of the Sixth Principal Meridian, County of Garfield, Colorado. Beginning at the Northeast corner of said Section 6, T6S, R9OW, 6th P.M. which is also the Northeast corner of Lot A, thence due South along the East Section line of said Section 6, for a distance of 1230.0' to a pointon the East-West quarter -line of said Section 6, thence Southeasterly on a bearing of S 64°00'00" W for a distance of 1475.00', thence Westerly along a bearing of N89°49'44"W for a distance of 4038.00' to a point on the West Section line of Section 6. Thence due North for a distance of 440.00' to a point on the West Section line. Thence Northeasterly on a bearing of N69°20'00"E for a distance of 235.00'; thence along a curve on the_roadway right-- of-way to the West and South having a central angle of 90°00'00" , a radius of 25.00' and arc length of 39.27' and of which the chord bears S24°20'00" W for 35.36'. Thence continuing along the roadway right-of-way along a curve to the South and East having a central angle of 90 °a radius of 25.00' and a arc length of 39.27' of which the chord bears South 65°40'00" E for a distance of 35.36', thence along a curve having a central angle of 24°00'00", a radius of 300.00' and arc length of 125.66' and of which the chord bears North 73°15'00" E for a distance of 124.-75', thence along a curve having a central angle of 25°30'00", a radius of 1725.00' and an arc length of 767.73' of which the chord bears North 74°40'00" E for a dis- tance- of 761.41', thence along a curve having a central angle of 6°00'00" a radius of 1960.00', and an arc length of 205.25' of which the chord bears North 84°30'00" E for a distance of 205.16', thence along a curve having a central angle of 19°00'00", a radius of 590.50' and an arc length of 195.82' of which the chord bears South 81°15'00" E for a distance of 194.92'. 1301( 932meXIS 13mx 6EZZ ncEt88 Continuing along the roadway right-of-way along a curve having a central angle e of 35°00'00", a radius of 180.00' and an arc length of 109.96', of which the chord bears South 47°50'00" E for a dis- tance of 108.25'. Thence departing from the roadway right-of-way along the North boundary of the parcel on a bearing of N75°30'00" E for a distance of 665.00', thence continuing along the North boundary of the parcel on a bearinc of N54°00'00" E for a distance of 1827.74', thence along the North boundary of the parcel,which is also the North line of. Section 6 on a bearing of South 89°45'28" E for a distance of 1672.84' to the Northeast corner of Section 6 which is the point of beginning, to a point of true closure of the pitrcel