Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 05.05.2014May 5, 2014 - Board of County Commissioners Request to Extend Approval for the Cerise Gravel Pit Exhibit Letter (A to Z) Exhibit A Garfield County 2013 Land Use and Development Code, as amended B Letter of Request dated April 21, 2014 from Peter Siegmund, Oldcastle SW Group C Resolution 2011-44 D Resolution 2012-54 E Resolution 2013-40 F Staff Memo G Draft Resolution H I J K L M N i� lftove -fr)<>Troveek'}eA^agticl (vc-7 iLo 3-0 April 21, 2014 • Oldcastle Materials SOUTHWEST GROUP, INC. Kathy Eastley Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 • FOUR FOUR CORNERS MATERIALS MI TELLURIDE GRAVEL RE: Request for Extension to Resolution 2011-44 Dear Kathy, mno 111 EXHIBIT iplfftor WAYCOR MATERIALS The attached Land Use Change Application Form is a request for a time extension to meet the requirements of the Cerise Pit that was approved under Garfield County Resolution 2011-44. Lafarge received approval of the Cerise Pit in 2011 and subsequently has received one year extensions per Resolution 2012-54 and Resolution 2013-40. In July 2013, Oldcastle/United Companies acquired the assets of Lafarge in Glenwood Springs, Carbondale and other parts of the western slope. This acquisition included the Cerise Pit. Considering the extent of the conditions of approval for Resolution 2011-44 and Oldcastle/United not being part of the approval process, we are trying to get our arms around this project so it can be as successful of a project that was presented during approval. This request is being made to allow us sufficient time to make that happen on this project. Thank you and please let me know if there is anything else you need from me. Since Peter J. S"iegmun Vice President Oldcastle SW Group, Inc. 2273 River Road PO Box 3609 nd ,Junction, CO 81502 PH: 970-243-4900 Fax: 970-991-6610 • • Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION • Administrative Review • Development in 100 -Year Floodplain City: Carbondalestate; CO Zip Code: 81623 • Limited Impact Review • Development in 100 -Year Floodplain Variance Representative (Authorization Required) Name: Phone: ( ) • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP ❑ LIR ❑MIR ❑ SUP ■ Rezoning PROJECT NAME AND LOCATION ❑ Zone District ❑ PUD ■ PUD Amendment • Minor Temporary Housing Facility ■ Administrative Interpretation Legal Description: Section: 25 Township: 7 Range: 88 LOTS 4(5.90AC), 12(29.04AC). IN SEC 26 - LOTS 8(5.23A), 9(39.45A), 10(30.76A), • Vacation of a County Road/Public ROW ■ Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest ■ Comprehensive Plan Amendment ❑ Major ❑ Minor ■ Accommodation Pursuant to Fair Housing Act ■ Pipeline Development • Variance Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Clifford Cerise Ranch Company, LLLP Phone: ( ) Mailing Address: 86 County Road City: Carbondalestate; CO Zip Code: 81623 E-mail: Representative (Authorization Required) Name: Phone: ( ) Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Cerise Mine Assessor's Parcel Number: 2393 _ 253 _ 00 _ 158 Physical/Street Address: 86 County Road 104, Carbondale, CO 81623 Legal Description: Section: 25 Township: 7 Range: 88 LOTS 4(5.90AC), 12(29.04AC). IN SEC 26 - LOTS 8(5.23A), 9(39.45A), 10(30.76A), ALL LYING N. OF ST. HWY 82 & E OF A BOUNDARY LINE DESC. IN 79/95. ALSO LOT 13 SEC. 25 LYING NLY OF ST. HWY 82 CONT. Zone District: Rural Property Size (acres): 109.55 • • PROJECT DESCRIPTION Existing Use: Approved Resolution 2011-44 Proposed Use (From Use Table 3-403): Description of Project: An extension of two years to complete the submittal, review, and approval of a Major Impact Amendment to the existing approved Resolution 2011-44. REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. J� Signature of Property Owner 4-(2tf 14- Datel OFFICIAL USE ONLY File Number: - Fee Paid: $ illi ruzifirmiktmi Iortismi rlpi• m1l X111 r Reception#: 789579 OR/05/2010 11:42:07 AM Jean Albertoo 1 of 1 Reo Fee:$11 00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY • Pursuant to C.R.S. §38-30-•172, the undersigned executes this Statement of Authority on behalf of Ciifl6tdceti&eRatld Campany a Limited Liability Limited Pamtership (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Clifford Cerise Ranch Company, L.L.L.P. and is formed under the laws of Calmat The mailing address for the Entity is 86 County Road 104, Carbondale, CO 81823-9604 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Robert S. Cerise, Toni S. Cerise, and Michael B. Cerise, Genera! Partners The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: None (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED thisj3gg day of '/ 1.5f , 2010. Signature: Name (typed or printed: - & eofise. CegF& Iep end Memel B. Cedse Title (if any) : General Partners STATE OF Colorado ) SS. COUNTY OF Gartteld The foregoing instrument was acknowledged before me thisa day of rnx�1i.15� , 20L by -sett embe. Temis,e6ogewidMiamia.cense , on behalf of Clifford Cerise Ranch Company , a LimitedLiabHityLImlte<fPartnerehip 05/09 Witness my he __ .. ,cial seal. //vt. (Notary Public) • From: Michael Cense To: Kathy A. Eastlev Subject: RE: Cerise Gravel Pit Date: Monday, April 21, 2014 1:08:30 PM Hi Kathy, Old Castle/United Companies is authorized to act on the behalf of Clifford Cerise Ranch Company for the Cerise Gravel Pit. Please copy me on correspondence. Thank you Michael Cerise Crystal Springs Builders, Inc. Carbondale Colorado http: /w vv .cry From: Kathy A. Eastley [mailto:keastley@garfield-county.com] Sent: Monday, April 21, 2014 12:21 PM To: mike@csbldr.net Subject: Cerise Gravel Pit Good afternoon Mike, 1 have been in contact with Pete Sigmund from United Companies/Oldcastle SW Group and he had you sign a request to extend the time period of approval for the gravel pit. I need contact from you, a letter or reply email, that Oldcastle SW Group/United Company is authorized to act on behalf of Clifford Cerise Ranch Company regarding the gravel pit. Thanks Mike. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastleyGgarfield-county corn. ■III Rr''1M1�ti'rlii r'' ' i 'i III I'll' WEIli i6 ,ll r'gn'* ■I 111 Reception#: 848371 0a/21/2014 02 01 43 P1 Jean Alberico 1 of 1 RFC FaP $11 00 Doc Fee 0 00 GRRF COUNTY CO 1 MNIPF Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Oldcastle SW Group, Inc. a Colorado (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Oldcastle SW Group, Inc. and is formed under the laws of the State of Colorado The mailing address for the Entity is P.O. Box 3609, Grand Junction, CO 81502 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Peter J. Siegmund, Vice President The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 1701 day of April Signature: Name (printed): Peterr. Siegmun Title (if any): Vice President 2014 STATE OF Colorado )SS. COUNTY OF Mesa The foregoing instrument was acknowledged before me this 17thday of April , 2014 by Peter J. Siegmund, Vice President on behalf of Oldcastle Sw Group, Inc a Colorado Corporation Witness my hand and official seal. My commission expires:. )/! f ' 10/5 ' •.� ([fate) (Notary Public) GENEVIEVE M. BLECHA NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19914003259 My Commission Expires Apra 4, 2015 [SEAL] dill FaieIL14IW4AUR VISI AulitOk 11111 Reception#: 806658 09/16/2011 09:35:18 AM Jean Alberico 1 of 28 Reo Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield EXHIBIT 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 Tuesday, the 5th day of July, A.D. 2011, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky Commissioner Andrew Gorgey , County Attorney Carey Gagnon , Assistant County Attorney Jean Alberico , Clerk of the Board of County Commissioners Ed Green.(absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2011- 44 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT, MLPA 6545, FOR EXTRACTION OF NATURAL RESOURCES (SAND & GRAVEL) KNOWN AS THE "CERISE MINE" PARCEL NO. 2393-253-00-158 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application from Clifford Cerise Ranch Company, LLLP (the "Applicant') .for a Land Use Change Permit for Extraction of Natural Resources (Sand and Gravel) as shown in the Mining, Reclamation, and Landscape Plans attached as Exhibit A. B. The 65.48 acre site, depicted and described in Exhibits A, page 1 of 13, and B respectively, is located at the northeast comer of State 1{ighway 82 and Crystal Spring Creek Road (County Road 103) and is approximately two (2) miles northeast of Carbondale, Colorado in Section 25, Township 7 South, Range 88 West of the 6th PM, Garfield County and within property owned by Clifford Cerise Ranch Company, LLLP. C. The 65.48 acre site is described in the application documents and located within the parcel described in the attached Exhibit C and incorporated by this reference. Pagel of 10 • 1111 Chili 11111.1*1%1 1ff lil['PAW RN 11111 Roception#: 808858 08/16l2011 09:35:18 AM Jean Rlberioo 2 of 28 Roc Fee10.00 Doc Fee:0.00 GARFIELD COUNTY CO D. The subject property is located within the Rural zone district and a Land Use Change Permit for Extraction of Natural Resources requires approval through a Major Impact Review Process conducted by Garfield County. E. The Board of County Commissioners is authorized to approve, approve with conditions, or deny a Land Use Change Permit for "Extraction of Natural Resources" pursuant to Sections 1-301 and 4-106 of the Garfield County Unified Land Use Resolution of 2008, as amended. F. The Garfield County Planning Commission opened a public hearing on April 13, 2011. upon the question of whether the Land Use Change Permit application for Extraction of Natural Resources should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Garfield County Planning Commission closed the public hearing on April 13, 2011 and forwarded a recommendation of approval with conditions to the Board of County Commissioners. H. On May 31, 2011 a site visit was conducted to review the proposed mining operation. This public meeting was attended by Garfield County Staff, Board of County Commissioners, and members of the public. I. The Board of County Commissioners opened a public hearing on the June 13, 2011 upon the question of whether the Land Use Change Permit application for Extraction of Natural Resources should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. J. The Board of County Commissioners continued the public hearing on -June 13, 2011 to July 5, 2011 to allow County Staff to research frve (5) topics including: 1) Noise Standards; 2) Air Quality Standards; 3) Cumulative Impact Requirements; 4) Blue Pit Conditions of Approval; and 5) the number of existing permanent and temporary asphalt batch plants in Garfield County. K. On July 5, 2011, the Board of County Commissioners opened the continued public hearing to hear the requested information from Garfield County Staff and determine whether the Extraction of Natural Resources Application should be approved, approved with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Application; L. The Board of County Commissioners closed the public hearing on July 5, 2011 to make a final decision. Page 2 of 10 1111 14111111,1VAIVORIN511.11 Vir rN'iI iriRilr 8e18J201o1n*: 9:35 le PPI Jean Rlberiao 3 of 29 Ree Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO M. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That the proper public notice was provided as required for the hearings before the Planning Commission and Board of County Commissioners. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at those meetings. 3. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, can be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008, as amended. 5. The 3:1 slopes are an appropriate deviation as per Section 7-840 (}1)(1)(b)(3) of the Unified Land Use Resolution of 2008, as amended. 6. The modification of Dryland Vegetation standards are an appropriate deviation as per Section 7-840 (H)(2)(b)(1)(a) of the Unified Land Use Resolution of 2008, as amended, and that the modifications blend with the surrounding area and provide for futurere-use of the site. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. 4. All equipment and structures associated with this permit shall be painted with non -reflective paint in neutral colors to reduce glare and mitigate any visual impacts. Page 3 of 10 VIII IY�� Pr?, firrIlleLlithri NUN N /III I Reception#: 806658 08116/2011 09:35;18 RM Jean Rlberloo 4 of 20 Rao Fee:$0.00 Doo Fee:0.00 GRRFIELD COUNTY CO 5. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 6. The Applicant shall install all signage as specified in Gene Coppola's Traffic Study including: 1) stop sign (R1-1) placed on the access road approach to County Road 103; and 2) two truck warning signs (W8-6) on the County Road 103 approach to the site access road. The Applicant shall also install 10 mile per hour speed limit signs on the access road and the haul roads within the site. 7. All vehicles using County Road 103 to access the Cerise Mine shall abide by Garfield County's oversize/overweight system: All vehicles requiring oversize/overweight permits shall be obtained from the Garfield County Road and Bridge Department. 8. Prior to the issuance of Land Use Change Permit, the Applicant shall obtain a Driveway Access Permit from the Garfield County Road and Bridge Department. A copy of this permit shall be submitted to the Garfield County Planning Department. 9. Prior to the issuance of a Land Use Change Permit, the Applicant shall conduct a geotechnical investigation of County Road 103 and based on this analysis, provide a pavement section design to the Garfield County Planning Department for review. The portion of County Road 103 that is to be analyzed commences 200 feet north of the Cerise Mine's access road to State Highway 82 and this portion of road shall be reconstructed to the proposed engineered design. 10. Prior to the issuance of a Land Use Change Permit, the Applicant shall enter into an agreement with the County pursuant to the Garfield County Road and Right -of -Way Use Regulations regarding the improvement of County Road 103. 11. Prior to the issuance of a Land Use Change Permit, the Applicant shall obtain the appropriate State Highway Access Permit from Colorado Department of Transportation. All conditions of the access permit shall be conditions of this permit. 12. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide Garfield County Planning Department with an APEN Permit from Colorado Department of Public Health and Environment for the entire mining site. 13. The reclamation plan of the site shall include using hydro -seeding with hydro -mulching and tackifier for all slopes greater than 5:1 as required by Section 7-840 of the Unified Land Use Resolution of 2008, as amended. 14. The gravel pit shall be allowed to operate Monday through Saturday from 7:00 a.m. to 8:00 p.m. with crushing, digging and heavy hauling only occurring between 7:00 a.m. to 5:00 p.m. Monday through Friday; heavy hauling from 7:00 a.m. to 5:00 p.m. on Saturday; and Page 4 of 10 VIII II 'i111.1ii'MPLOY 1111 Reception#: 806658 08/18/2011 03:36:18 AM Jean Aloerie° 3 of 28 Rec Fee:$0.00 Dec Fee:0.00 GARFIELD COUNTY Co crushing and digging from 8:00 a.m. to 5:00 p.m. on Saturday. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. 15. All noise generated from the operation shall not exceed the maximum permissible limits set forth in C.R.S. § 25-12-103, except that noise shall not exceed 80 dB(A) during construction. The adjacent land uses for purposes of determining the maximum permissible noise levels that may radiate from the site depicted in Exhibit A, page 1 of 13, are measured 25 feet from the site boundary. The adjacent land uses to the subject site are: residential to the north; industrial to the east and west; and, light industrial to the south as shown in Exhibit D. 16. The Applicant shall implement the following noise mitigation standards: A. The two berms shown on the "Mining Sheets" must be constructed early in the project. The northern berm must be approximately 50 feet tall and the western berm is approximately 17 feet tall; B. While constructing these berms, earth moving equipment such as scrappers cannot operate for more than 15 minutes in any one hour while within approximately 100 feet of the permit boundary; C. Place a silencer on the dust collector blower that is situated on top of the concrete batch plant (or build a sound absorbing barrier around it); D. Equip the electrical generators (gen-sets) with commercial grade silencers or better (at least 20 dB(A) of insertion loss); E. Use white noise back up alarms on all Lafarge mobile equipment. Backing up by contractor vehicles not outfitted with these alarms should be minimized; F. Conduct all construction activities during the daytime (7:00 am to 5:00 pm); and, G. Conduct all noise -producing activities associated with operations during the daytime (7:00 am to 5:00 pm). 17. Garfield County can request a site inspection with 24 hour's notice to the operator or property owner. Full access to any part of the site will be granted. On request, all paperwork must be shown. 18. A full list of all other permits shall be provided to Garfield County within 24 hours of its request. Any person at any time can call the following agencies directly and request an inspection if he or she believes a condition of that agency's permit is being violated. A. Colorado Department of Public Health- Air Quality Control 303-692-3150 Page 5 of 10 1111 I 'ikWAW'I MIA Nit (MOM lig 11111 Reception#: 866658 08/16/2011 09:35:18 AM Jean Alba co 6 of 28 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO B. Colorado Department of Public Health - Water Quality Control 303-692-3500 C. US Anny Corps of Engineers 970-243-1199 D. Division of Reclamation, Mining and Safety 303-866-3567 E. Colorado Department of Transportation, Grand Junction office 970-248-7000 19. The property owner and operator acknowledge that Garfield County has the following performance standards, and failure to comply with such standards could lead to revocation of the Land Use Change Permit: A. All fabrication, service and repair operations shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping; B. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right-of-way; C. All industrial wastes shall be disposed of in a manner consistent with statutes and requirements of Colorado Department of Public Health and Environment; D. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property; and, E. Every use shall be operated so that it does not emit, heat, glare, radiation, dust, or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures shalt be exempted from this provision. 20. The Garfield County Planning Department shall be invited to any bond release inspection of the State Division of Reclamation, Mining and Safety. The County will have the opportunity to demonstrate that any item of the permit has not been complied with and that bond should not be released. 21. The reclamation bond that shall be held by the State Division of Reclamation, Mining and Safety shall be for the reclamation plan approved by the Board of County Commissioners. No Land Use Change Permit shall be issued until proof of the bond is in place. 22. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide a cost estimate for the irrigation system to the Garfield County Planning Department for review. Page 6of10 SIU r.6 Pr) A Via& .11111 IWC fW lit 1114 11111 Reeeption#: 806858 08!16/2011 09:36;18 AM Jean Aiberiao 7 of 28 Roo Fee;$0.00 Don Fee:0.00 GARFIELD COUNTY CO The State Division of Reclamation, Mining and Safety financial security bond shall be updated to reflect this cost and a copy of the revised bond submitted to the Garfield County Planning Department. 23. All of the conditions of the Garfield County permit and the State Division of Reclamation, Mining and Safety are binding. The State Division of Reclamation, Mining and Safety can withhold the reclamation bond if the final reclamation is not executed according to the plans. 24. The Applicant shall be required to submit a report annually of the gravel operation for Garfield County Planning Staff review, until such time as the release of the reclamation bond. Upon review of any deficiencies pursuant to conditions of approval or other local, state, or federal permits, Staff may forward the report to the Board of County Commissioners for full review of the Major Impact Review Permit. This report shall include GPS measurements shown on a map showing the current disturbance, what areas have been backfilled, where topsoil stockpiles are located, all site structures, what areas have been seeded, mulched and what is planned for the ensuing 12 months. This map shall be overlain on the approved site plan which includes the approved phasing area Locations, and mine permit boundary. Copies of annual reports required by and submitted to other agencies will be attached to the annual report submitted to the Garfield County Planning Department. 25. The Applicant shall provide a copy of the applicable 404 permit to the Garfield County Planning Department prior to the issuance of a Land Use Change Permit. 26. The Applicant shall meet all applicable Colorado Department of Public Health regulations for a non -transient, non -community water system when the number of individuals using the potable water well is more than 24. 27. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit copies of all equipment relocation notices to the Garfield County Planning Department. 28. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide the Garfield County Planning Department a will serve letter from Qwest. 29. Prior to the issuance of a Land Use Change Permit an Emergency Preparedness Plan shall be submitted to the Garfield County Planning Department for review. 30. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit to the Garfield Planning Department a final Stormwater Management Plan. 31. Prior to the issuance of a Land Use Change Permit, the Applicant shall drill the two permanent permitted wells (Permit Numbers 74795-F and 74796-F) and provide the results demonstrating quantity and quality of both wells to the Garfield County Planning Department for their review. Page 7 of 10 1111 11.1.41W1711/21411. MOWS( MIRAN II 11 1 Reception*: $08658 08/16/2011 09:35:18 AM Jean Alborioo 8 of 28 Rec Fee:$0,00 Doo Fee:0.00 GARFIELD COUNTY CO 32. After drilling the permanent water wells, as described in Condition 31, the water system design for the office/scale house shall be evaluated and any modifications to the proposed design shall be submitted to the Garfield County Planning Department for review. This task shall occur prior to the issuance of Land Use Change Permit. 33. Prior to the issuance of a Land Use Change Permit, the Applicant shall have the two wells installed as Monitoring Hole Notice 40396 (TW -1 and TW -2) permitted as monitoring wells, and provide Garfield County Planning Department with the new permits. 34. The Applicant shall contact Bill Blakeslee, Water Commissioner, when development of the Cerise Mine impacts Crystal Spring Creek. 35. The site, shall have wildlife proof dumpsters. 36. The Applicant shall implement the following Best Management Practices to ensure air quality impacts are minimized.. A. _ Exposed areas will be vegetated or stabilized to limit wind erosion; B. Frequent watering by water trucks of gravel as it is removed and transported; C. Use of a conveyor system rather than trucks to transport the material on-site; D. Install, operate, and maintain water spray bars within the conveyor system and all crushing and screening equipment; E. Limit drop heights of gravel for conveyor loading, transfer points, screening, and crushing; F. Limit on-site vehicle speeds to 10 mph; G. Treat frequently travelled on-site roadways with stabilizers or suppressants and watering to minimize re -entrainment of dust from road surfaces, and pave the entrance road to the weigh station; H. Minimize dust from loaded haul trucks by covering and/or watering material as necessary; and, I. Construction of berms and/or mine walls to serve as wind breaks. 37. All trucks operating in the gravel mining operation (including third -party trucks not operated by the .property owner or operator, shall be subject to the following: Page 8 of 10 IlliKP'ANAD E I t INti I'4!IN`i 111 Reception#• 808858 08/18/2011 09:38:18 AM Jean Alberioo 9 of 28 Roc Fae:$0.00 Doc Fae:0.00 GARFIELD COUNTY CO A. All trucks shall have and maintain stock muffler systems that are performing to original manufacturer's specifications. This can be determined and verified by simple visual and auditory inspection of the truck; B. All trucks ascending or descending the haul route shall not exceed speeds of 10 mph; C. All trucks descending the access road on-site and County Road 103 approaching State Highway 82 shall not use engine Jake Brakes to decelerate; 11 All truck drivers, independent or employed by the Applicant shall be briefed on the conditions above and shall agree to operate within the requirements of these stipulations; and, E. The Applicant shall set up a. series of progressive consequences for drivers that fail to comply with the above conditions; after three violations any trucker shall be prohibited from entering the pit for a time period of not less than one year. 38. The mining of the Cerise Mine shall not start until the Powers Pit has been closed. 39. An asphalt batch plant shall not be allowed within the property unless approved by Garfield County pursuant to an application for "substantial modification" of the Land Use Change Permit as that process is defined by the Garfield County Unified Land Use Resolution of 2008, as amended, or pursuant to a separate application for a Land Use Change Permit. Dated this (s 4day of , A.D. 20 1( . A"1•LST: ,R -eve. %l k of the Board of County Co GARFIELD. COUNTY ARFIE COUNTY BOARD OF COMMISSIONERS, ,COLORADO VW MN airman Upon motion duly made and seconded the fore ;Ding R • ion was ad following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY ted by the , Aye , Aye , Aye Page 9 of 10 1111 !A EglttriPl INIlll 4iKhW4AWKaII r 11 III Reception$: 806558 08!1812011 09:35:18 RM Jean Alberico 10 of 28 Rep Fee -$0.00 Doo Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) [, , 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. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners Page 10 of 10 • 1111 TSI‘IISl!l 11M1LI' NG I 1�19'LIN III11 Reception#: 806658 08/18/2011 09:35:18 RM Jean Rlbertoo 11 of 28 Rep Fee:$0.00 Doc Foo.0.00 GR IELD COUNTY CO e dad dad ya de a ddy da i �i�aaaa A �i���h 11 Il i it kp Ep �11 111111111' II A jonombulthill MiliMpooll ; fa J1 i 1 1 1 i1 1 1 0 1 1 1 0W001140 WmmuMW litillatif IN 1111! RFIELD COUNTY CO Exhibit A tva{a= r.P f>R • `�� _'+. �' �r t�irr`�`"«�csog� V:•.. a•r �.. .ri..W 1Y`�1AtMal.•� ":c Te 1V.Vh. rir tprJ[ti 5 tiyV.w riiw/ r ..rs.w JM+Jyr. ri NMf>1r 1aF.Wa.•r..1�r:-.M>•Tai.+.+•_. YVW .✓` t �l��ra!'rr C'�Vrrt. 4 /n1 ,y�i► �rt�+. �y�y�� ot M nry1 1�fr rJitt aiJzror sY fl fP ',1•7414-.1* tw4 ff . Klfe w! C ! Mi c ! rr.,�� r.te.y.. ��J'V: r if .YI S. _' •K, .r Po. Lig r. Oary ptt rt• V S'O,YW. ,. ON+ IJ IYi!r?I tell MlllTr '�W� : O.+f lY[ ii• •�. i4.iiN1�:3a' aov roam .r ff. R !M. ;� rbcs 7.: ar +yam +aN:W b. 41CY. ow Am.*Mr "�i A" 4_1 "4". ibl+igik' .04.-r 1•1Wi . ar LMITAII 1,7 7E • "-a•••••i •1•tl 1s• b{s.._c e:• Iy .!er • ▪ Jr r.r rRr re MC.t row • fILZ t�`ww:.Iifl�ii" cf OWiIJ 0 ae, a *47 CI, • n t --.ref ,tae J¢r,t oro n z' a r•041,0rrls iMewr fro, r.+40 anp .tri IJPr !'/AA, Q :ova attr en roe 1.4 I& retvrr ,-.t a•r•z •'- 4- •.1V M74 •2.4.41 oM• [.R lr.. :0111a, 041f.f. zos.3JwlN.LJ ir.ya OVW X • Jars .roe CS. Ms or :Lry . y .%rrw,--oto . Jn. - e • a Page 2 of 13 earis1I;- 4Masir . •I .nay wooer late a yT. ditafi a7 ,far V. ,-•�1 — '._. it • f a!l 9x 81 ACRES' I t• 1 1 i .1F7'4r ,467:9`,V I..1i D TITI.J' r" tttf1.lnr- N 1 :nor r•cr.-a--.ars ••.•4,44 le c aty• ARM,p--4 izet¢'r.ie G.ti.•.,rbrtlsry .t'W,>.. pa, ./.1,31•1. -If mmw-eaaa 4R�. Xf liter v gsrP4�..$, r :'Sra./tl•�y �,u Arr «:iail.&rt "s7L'1• r•I.., Jeff'. W wrMn ale ♦::v> u a 61I.t R /ft rt47 C1t.Ear��I,rrlYw-L•ae FM PAU .017.01774aF xl r,ln!yy �¢'trn 'a. ariaH$. ae g Y`i+y0is%� w it •,I• TS +.•X /y4 y:�- �yc' p,,11�'r�4agz- p�rtidi=, .pS}°rr' e:+`eY'wT."u+ex1•� ziPaiMr.I '@1rR �.: i'rst'�'i r.,{{ee �� tw.z y• .ort � ..M M1•1. h.ar•p 4r Lia' •... �'k.. • N{-aF�F't r .•,4.4, defircarpte +rrg�a • �w:°5"M...,y44i'my�.. r•t,rYV,la Air8iw.retly:e+e,v.t1M+r x 7n -i: 40 YH"aJ.g1bia1rRYo119. WWela i.z ULaa.-f.c at�a�•OOa.Y/rUPAgeqrsAVVwY1Vpm�sifa.�Ar.s..i}rs¢r ar-07 .A,i1. . cort JC'•rsia a!C11.4 &DOWNhie lZPIE'SLw y varix :.ar! k.HQ :54 NM{ rNS Ob me Cl4!I)Ift ti Ffwx9 as eras • 1 illtil./.11.04.901,1011.11341.10X111tifilMili41Mf VrillflYmpres • Lara, 1; IN1111111' 111111rd firldeill'hi hW Irill marl nrs su iii Reception0: 808656 c= 08116/2011 09:35:18 AM J bori 13 of 28 Rao Fee:$0.00 Doo1e:0.00 GARFIELD COUNTY CO z 6) 0 m rn 0 rn Is ••• 11; -••••••••• ••• .0 • .,, . .• 3'4 . iR -, t t ....... . -•••••••-----zi---••••---••••ji•Vk Hj • • .• ; :rraa. 011:1111.23ti • • r . . Ammo. WWI ? MOT, • • 54 .1121121151. KIINING.-SEQUENIPEI .(PRE-tellhl0ttqf4litep F. 9b•!?.ICIYI mW -4ffiIYImaCctc- 'tS 1,1LL RCIECO.MlPIMOT C.necemrcrickc 1111 v w'i rilE11,i"r i i tr renfa rc mi im HI Reception#: 806658 06/18/2011 09:35:1B nm Jean Albs 14 of 28 Reo Fee:$0.00 Doc Fee:0.5 GRRFIELD COUNTY CO S6W➢i'fllii^ • itttentiazow.....,...nntammioanaariecinizzograt000ftrachEnstculn.A.T. .70700,7007._ 111rireirlO9,ill 41%101 10111110012infik 11 111 ReceptionN: 80665 08/16/2011 09:25:19 RE ,ean Rlberioo 15 of 2B Rec Fee $�.� Doo Foo:0.00 GARFIELD COUNTY CO z rn 0 ,m 1 11 2 . - a 11 th i .A04...i.ow.. g .-06...p,.. R . .. . . . • , . • UNA011101,110 0.011:10,301175001010,0 Ca1100Z Gjr..."10.774 mitimpAalpENcei tPf-lAs'E MINING) DA 00100011100 • 07 1 LIM "MOW 2 0404 MO= MN F '4; -NsWoWillice=g, ' 4040,404NUmM • C0Mb 7000007417U0=7./700117 • a -00- :r - a 0, m z mss rg-tYff •f • 1/1945111111.222 WRICCUPANKOSIMIN Tot 4,GeAeR4610m0. . - 67n s& l as It GIbMOFOIL[ m�P - YAM ME Y+Fl4bP.201I ACNINGSEQI iCE 4 (PHASEMING) NG). 1 11.100 V9WIM SUN 2 ri•IiIY gam® A. TETRA TECH ...vasY.tnten ,m2410ee1.1.:ue9s Iffier.. 144 1067316 mam r.crs rn*64.0,1m,acvruauimetawmw r , a • V 2 awaiana 16160-1,0 . MININ{fl QOENCE'5 {PHASEWARTIAL 1 RI3.'L M 11ON) 111...161' IMMO MRS IYY Ina FSI TETRA TECH 1,06111126220. - at. amirmiat ,011112622: nnaonm.onr 4 r zF 0 d te 4D Iffs ae am 0 0 k [ 21 COCM ire.0coma emu v_ Q;z VAN ycOw 11. p1 a P4 or •mmatmonzaim-riemanizmiikRoimwmmir,Mimmsamemumwpmeime sammir-somet.r.amM. S. m ner-•zo• fp•••••110 fsb 00 IAA', rf.datdt.r.50+:1,:abliti$22z0-.25,22tirtii; ' WING -Pieneit,..#040- 1. a . 4 1 1 .CEMSEWIE • b.41NiNG. SECOEttrE T 04,ASE.4BMINING) -rosn mamma. POIT'IMPPINg w. . 2 TEMA TECH. wermaxmliao • ItIESLlientIthIeW 11,014S,.10=01.4= 1 11,1.911ror92 n41/ 4t1741m31 3m...n316Fnncacwsswm111" awu crura v .uxtuMcxi • li Q 1 A z z 0) m 0 m n rn 00 ECERCEFWIE ir G11E F101 ---_ Mi MININGSE�UENCES i—�- (FINAL ReaAMATION I==fir CONTOURS) MINIUM�— O Y QB mm, mega On -ill *INN naPV'Zi s tutOom:maws,RIZISI YMIt•IIII �Om14fA6f1ie IELQURfM103,Q3TLSmvNOM.utla1.gete. ttumeedtsue cmGEntue BTPLIO CROS&SECTIONS 1 Nll - 7. . = MIN w TETRA TECH rmandew,emtry mwn1.00s, rav a nx•cnrranoi mutat imnn A 8 O U w t 11=1•OYRiNY.IemIU3o•=a 0A1RCGIYRYIY1•7C61117YOIRMO.NOINEIYCYf. • • • owirt.'._1 II 'JO 111 • II 1310 i l.. fl►.fJ� �� �I �.i N ; , i — t" jr,:=1*"©i�ii�H U�1 PLANT 6IT8.AND - • — w*.—t- 'a a.rm,nacion d11311011 $1RIlC79.iti£ E1)=4A77 • • • G 00¢® LDW•O Sri Y Gto -114, PIN o • NITON 9NO011OSI:UUTI. 111•imkfmt-ORS E \'a mpollop irp Pi i 10910 v.f a k u s 6 I ; g e' 60266:. ag ee c L t ,gi p.i.f�._, "�i i • .'.-,-.-.i.i .�. - � ,� _44 !f�17n-,'�li�'�•_ �-�. �a�=rte �. ��= ��s' -� .�% .. . 010 0� `4h'91 ;Aft,: 1,4-1,17.7%,„ " .4() `r iriwra f1) tierti ce,Vi t)(i) tido e)o t1-0 ( r&l or�fliv; Wye 1;(4) Y'F o () �� 7/YI1111EYigT.INC Om6Y[04MIT.110Id1AV CEPoBEMNE LANDSCAPE PLAN• TS 901109•100 TETRA TECH 1111111.1111.001 m90.1ia1 iEL Mali .n� 1111IIYP"it�14�Kd�t��I�tI��'�I�ihGiJln��'PI�III'�k �f 111 Reception#' 806658 08/16/2011 09:36:18 pM Jean Alberico 24 of 2B Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit B Legal Description of Subject Site THAT PORTION OF THE WEST HALF OF SECTION 25 AND THAT PORTION OF THE EAST HALF OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD.COUNTY, STATE OF COLORADO, BEING MORE PARTICULRLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: SO4°09'58"W, ALONG A LINE BETWEEN THE EAST QUARTER CORNER OF SAID SECTION 26 AND THE WITNESS CORNER FOR THE SOUTHWEST CORNER OF SAID SECTION 25 AS SHOWN ON THE ALTA/ACSM LAND TITLE SURVEY PREPARED BY D H SURVEYS, INC. OF GRAND JUNCTION, COLORADO, JOB No. 1194-10-01, DATED MAY 2010. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 26; THENCE SO4°09'58"W, ALONG SAID BASIS OF BEARING LINE, A DISTANCE OF 343.70 FEET TO THE POINT OF BEGINNING; THENCE S78°36'47"W, A DISTANCE OF 386.66 FEET; THENCE S63°10'09"W, A DISTANCE OF 149.12 FEET; THENCE N89°05'31 "W, A DISTANCE OF 95.62 FEET; THENCE N57° 10'32"W, A DISTANCE OF 306.27 FEET; THENCE N48°43'19"W, A DISTANCE OF 79.01 FEET; THENCE S46°48'15"W, A DISTANCE OF 251.17 FEET; THENCE S48°43' 19" E, A DISTANCE OF 273.34 FEET; THENCE S16°20'52"W, A DISTANCE OF 17.06 FEET; THENCE S42°43'54"W, A DISTANCE OF 78.77 FEET; THENCE S81°23'50"W, A DISTANCE OF 30.14 FEET; THENCE N89°01'12':W, A DISTANCE OF 71.27 FEET; THENCE S89°42'11"W, A DISTANCE OF 56.56 FEET; THENCE S35°42'10"W, A DISTANCE OF 51.95 FEET; Page 1 of 3 VIII KIVAIIKIAINIA0190141rVICNICIlli III ill Reception#: 806658 08/16!2011 09:35:1B AM Jean PIberieo 25 of 28 R¢° Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO THENCE S34°40'21 "W, A DISTANCE OF 66.58 FEET; THENCE S33°46'23"W, A DISTANCE OF 29.27 FEFT; THENCE S12°52'50"W, A DISTANCE OF 23.42 FEET; THENCE S 14°30'48"W, A DISTANCE OF 49.93 FEET; THENCE S11°11'23"W, A DISTANCE OF 34.80 FEET; THENCE S 11 °26'51 "W, A DISTANCE OF 14.45 FEET; THENCE S16°49'34'W, A DISTANCE OF 53.94 FEET; THENCE S20°04'38"W, A DISTANCE OF 42.81 FEET; THENCE S32° 18' 15 "W, A DISTANCE OF 17.46 FEET; THENCE S40°23'33"W, A DISTANCE OF 30.04 FEET; THENCE S48°43'46"W, A DISTANCE OF 49.00 FEET; THENCE S55°36'21 "W, A DISTANCE OF 38.82 FEET; THENCE S66°32'54"W, A DISTANCE OF 56.96 FEET; THENCE S67°14'40"W, A DISTANCE OF 43.60 FEET; THENCE S54°25'07"W, A DISTANCE OF 79.11 FEET; THENCE S49°23'36"W, A DISTANCE OF 25.08 FEET; THENCE S26°35'50"W, A DISTANCE OF 199.91 FEET; THENCE S29°07'31 "W, A DISTANCE OF 150.07 FEET; THENCE S25°34'23"W, A DISTANCE OF 40.88 FEET; THENCE S68°32'45"E, A DISTANCE OF 196.06 FEET; THENCE S69°22'36"E, A DISTANCE OF 117.78 FEET; THENCE S82°52'23"E, A DISTANCE OF 13.86 FEET; THENCE N79°23'59"E, A DISTANCE OF 19.36 FEET; Page 2 of 3 •IYI itermtmatmospoi 11I11 Reception#: 806658 08/16/2011 08:86:18 AM Jean Alberioo 28 of 28 Rec Fee:30.00 Doc Fee:0.00 GARFIELD COUNTY CO THENCE N76°24'30"E, A DISTANCE OF 55.66 FEET; THENCE N73°05'42"E, A DISTANCE OF 52.41 FEET; THENCE N63°54'55"E, A DISTANCE OF 29.65 FEET; THENCE N47°36'11 "E, A DISTANCE OF 46.23 FEET; THENCE N35°43'31 "E, A DISTANCE OF 74.82 FEET; THENCE N36°5754'B, A DISTANCE OF 45.73 FEET; THENCE N80°27'40 "E, A DISTANCE OF 128.18 FEET; THENCE S14°20'39"W, A DISTANCE OF 353.33 FEET; THENCE S76°26'09"E, A DISTANCE OF 155.94 FEET; THENCE N80°05'55"E, A DISTANCE OF 11220 FEET; THENCE S77°49'41"E, A DISTANCE OF 687.90 FENT; THENCE S80°31'31 "E, A DISTANCE OF 682.89 FEET; THENCE N09°52'08"E, A DISTANCE OF 9.94 FEET; THENCE S80°30'49"E, A DISTANCE OF 8.52 FEET; THENCE N00°07'26'B, A DISTANCE OF 1900.02 FEET; THENCE S74°14'09"W, A DISTANCE OF 529.50 FEET TO THE POINT OF BEGINNING; CONTAINING 2,852,372 SQUARE PEET, OR 65.48 ACRES, MORE OR LESS. PREPARED FOR AND ON BEHALF OF LAFARGE WEST, INC. TIMOTHY W. KURTZ Page 3 of3 1111 A74 C0i711K 111113 (10PC1TI MI'1L 11 If 1 Reception#: 806658 08/16/2011 03:35:18 RM Jean Albar'S�_ 27 of 28 Rao Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO Exhibit C Legal Description for Subject Parcel - 97.81 AC THAT PORTION OF LOT 13 LYING NORTH OF STATE HIGHWAY NO. 82 IN SECTION 25, TOWNSHIP 7 SOUTH, RANGE 88' WEST, 61.8 P.M. LESS AND EXCEPT THAT PORTION OF LAND CLAIMED BY THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO BY. RULE AND ORDER RECORDED AUGUST 5, 1993 IN BOOK 871 AT PAGE 404 AS RECEPTION NO. 450847. LOTS 4 AND 12 IN SECTION 25, TOWNSHIP 7 SOUTH, RANGE 88 WEST, 61H P.M. TOGETHER WITH ALL THAT CERTAIN PROPERTY LYING SOUTH OF A LINE SITUATED IN SECTION 25, TOWNSHIP 7 SOUTH, RANGE 88 WEST AS MORE FULLY DESCRIBED IN DEEDS AND AGREEMENT RECORDED AUGUST 27, 1992 IN BOOK 840 AT PAGE 330 AS RECEPTION NO. 438400. LESS AND EXCEPT ALL THAT CERTAIN PROPERTY LYING NORTH OF A LINE SITUATED IN SECTION 25, TOWNSHIP 7 SOUTH, RANGE 88 WEST AS MORE FULLY DESCRIBED IN DEEDS AND AGREEMENT RECORDED AUGUST 27, 1992 IN BOOK 840 AT PAGE 330 AS RECEPTION NO. 438400. LESS AND EXCEPT ANY PORTION OF THE SUBJECT PROPERTY WHICH LIES WITHIN THE RIGHT-OF-WAY FOR COUNTY ROAD 104. LESS AND EXCEPT THAT PORTION OF LAND CLAIMED BY THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO BY RULE AND ORDER RECORDED AUGUST 5, 1993 IN BOOK 871 AT PAGE 404 AS RECEPTION NO. 450847. LOTS 7, 8, 9 AND 10 IN SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST, 6TH P.M. LESS AND EXCEPT A TRACT OF LAND CONVEYED TO DAVID S. JAMES BY DEED DATED NOVEMBER 5, 1907 RECORDED AS DOCUMENT NO. 37532 IN BOOK 79 AT PAGE 95 OF THE GARFIELD COUNTY RECORDS. LESS AND EXCEPT A TRACT OF LAND CONVEYED TO ANTHONY PINGS BY DEED DATED FEBRUARY 3, 1917 RECORDED AS DOCUMENT NO. 57960 IN BOOK .100 AT PAGE 608 OF THE GARFIELD COUNTY RECORDS. LESS AND EXCEPT A TRACT OF LAND CONVEYED TO THE BAILEY FAMILY INVESTMENT COMPANY, L.L.L.P. BY DEED DA EEO JULY 29, 1997 RECORDED AUGUST 6, 1997 AS RECEPTION NO. 511996. LESS AND EXCEPT A TRACT OF LAND CONVEYED TO STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO BY DEED RECORDED FEBRUARY 7, 1974 IN BOOK 455 AT PAGE 451 AS RECEPTION NO. 261734. LESS AND EXCEPT THE TRACTS OF LAND CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, RECORDED JUNE 14,1973IN BOOK 446 AT PAGE 8 AS RECEPTION NO. 258755. LESS AND EXCEPT ANY. PORTION OF THE SUBJECT PROPERTY WHICH LIES WITHIN THE RIGHT-OF-WAY FOR COUNTY ROAD 103. LESS AND EXCEPT THAT PORTION OF LAND CLAIMED BY THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO BY RULE AND ORDER RECORDED AUGUST 5, 1993 IN BOOK 871 AT PAGE 404 AS RECEPTION NO. 450847. Page 1 of 1 11111411in MOR14111111.01:114111411 IN 11111 Reccption#: 806658 08/18/2011 09:25:18 AM Jean Alberioo 28 of 28 Reo Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO TA; 1111 K KIWIMAIN 1INCAMICINIt hilil ili 1I II I Reception#: 820946 07,0312012 10:41:36 AM Jean Alberico 1 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD 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 Administration Building in Glenwood Springs on Monday, the 18th of June A.D. 2012, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovskv , Commissioner Andrew Gorget' , County Manager Carey Gagnon , Acting County Attorney Jean Alberico , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. Roo -S4 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN ONE YEAR EXTENSION TO COMPLETE THE CONDITIONS OF APPROVAL FOR THE EXTRACTION OF NATURAL RESOURCES (SAND AND GRAVEL), ON A 65.48 ACRE PROPERTY OWNED BY CLIFFORD CERISE RANCH COMPANY, LLLP LOCATED ON THE NORTHEAST CORNER OF STATE HIGHWAY 82 AND COUNTY ROAD 103, IN SECTIONS 25 & 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6T0 P.M., GARFIELD COUNTY PARCEL NO. 2393-253-00-158 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for an one year time extension to complete the conditions of approval for the extraction of natural resources (sand and gravel) known as the Cerise Mine and as further described in Resolution 2011-44, recorded at Reception No.806658. B. The Cerise Mine is located within a 97.81 acre parcel of land owned by Clifford Cerise Ranch Company, LLLP. C. The subject property is located within unincorporated Garfield County in Rural zone district, approximately 2 miles northeast of the Town of Carbondale, CO. D. During the regular public meeting the Board on the le day of June, 2012 upon the 1 5 1111 x.611:111 li h JF JICVglifilitli 1114 11III • Receptionit: 820946 07/03/2012 10:41:36 AM Jean A14erico 2 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO question of whether an one year extension to complete the conditions of approval for the Cerise Mine should be approved, approved with conditions, or denied, during which meeting the public and interested persons were given the opportunity to express their opinions regarding the request. E. The Board on the basis of substantial competent evidence produced at the aforementioned meeting, has made the following determinations of fact: 1. That proper public notice was provided as required for the meeting before the Board of County Commissioners. 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 Applicant has demonstrated that the one year time extension to complete the conditions of approval is necessary because original conditions of approval cannot be met within the existing timeframe and Applicant is working to complete the conditions of approval. 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 the resolution. B. A one year extension, to and including July 5, 2013, to complete the conditions of approval for the Cerise Mine is hereby approved. �GQ Dated thisdos day of kJ--t.A_Lca_ , A.D. 20 1 . ATTEST: GARFIELD COMMIS SI COUNTY TY BOARD OF GARFIELD C erk of the Board 2 11111 VIt ,,j�. ��I l� '1> NIB Reception#: 820946 07/03/2012 10:41:36 PM Jean g1berieo 3 of 3 Rec Fee:$0.00 Doe Fee:0,00 GARFIELD COUNTY CO • Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO County of Garfield )ss , Aye , Aye , Aye 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. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3 11i-1'1 P litaL'ii fit litiliM14111illfi 1111 Reception 837727 07i0912013 12.42:23 PM Jean Alberico 1 of 3 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD 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 Administration Building in Glenwood Springs on Monday, the 10`h day of June A.D. 2013, there were present: John Martin Mike Samson Tom Jankovsky Andrew Gorgey Frank Hutfless Jean Alberico , Commissioner Chairman , Commissioner , Commissioner , County Manager , County Attomey , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. .)/0Id- go A RESOLUTION CONCERNED WITH THE APPROVAL OF AN ONE YEAR EXTENSION TO COMPLETE THE CONDITIONS OF APPROVAL FOR THE EXTRACTION OF NATURAL RESOURCES (SAND AND GRAVEL), ON A 97.81 ACRE PROPERTY OWNED BY CLIFFORD CERISE RANCH COMPANY, LLLP LOCATED ON THE NORTHEAST CORNER OF STATE HIGHWAY 82 AND COUNTY ROAD 103, IN SECTIONS 25 & 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6T11P.M., GARFIELD COUNTY PARCEL NO. 2393-253-00-158 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for an one year time extension to complete the conditions of approval for the extraction of natural resources (sand and gravel) known as the Cerise Mine and as further described in Resolution 2011-44, recorded at Reception No. 806658. B. The Board previously approved a request for an one year time extension to complete the conditions of approval for the extraction of natural resources (sand and gravel) known as the Cerise Mine in 2012 and this action was memorialized in Resolution 2012-54, recorded at Reception No. 820946. C. The Cerise Mine is located within a 97.81 acre parcel of land owned by Clifford Cerise Ranch Company, LLLP. 1 1111 IK��I�Dir PAT �l�l�i "Ia�+J��I��l 11 III Reception3i: 837727 07/09/2013 12:42:23 PM Jean Rlberico 2 of 3 Rec Fee.$0.00 Doc Fee:0.00 GARFIELD COUNTY CO D. The subject property is located within unincorporated Garfield County in Rural zone district, approximately two miles northeast of the Town of Carbondale, CO. E. During the regular public meeting the Board on the 10t1i day of June, 2013 upon the question of whether an one year extension to complete the conditions of approval for the Cerise Mine should be approved, approved with conditions, or denied, during which meeting the public and interested persons were given the opportunity to express their opinions regarding the request. F. The Board on the basis of substantial competent evidence produced at the aforementioned meeting, has made the following determinations of fact: 1. That proper public notice was provided as required for the meeting before the Board of County Commissioners. 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 Applicant has demonstrated that the one year time extension to complete the conditions of approval is necessary because original conditions of approval cannot be met within the existing timeframe and Applicant is working to complete the conditions of approval. 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 the resolution. B. A one year extension, to and including July 5, 2014, to complete the conditions of approval for the Cerise Mine is hereby approved. 2 in F 0,11).11ALIA147.717Pliriit III 111 Reception#: 837727 07/09/2013 12:42:23 PM Jean Alberico 3 of 3 Rec Fee -$0.00 Doc Fee 0.00 GARFIELD COUNTY CO Dated this g ATTEST: day of , A.D. 20 73 GARFIELD COUNTY BOARD OF COMM ISS ONE' S, GARFIELD LINTY- RAD CIS` of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss 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 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. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3 • BOCC 5/5/2014 KE PROJECT INFORMATION REQUEST Two -Year Extension — Cerise Gravel Pit PROPERTY OWNER Cerise Ranch Co., L.L.L.P. OPERATOR/LESSEE Oldcastle SW Group, Inc. REPRESENTATIVE Peter Siegmund LOCATION Northeast corner of CR 103 and SH 82 near the Town of Carbondale I. BACKGROUND The Board of County Commissioners (the Board) conditionally approved a request for "Extraction of a Natural Resources" to allow for a gravel operation to occur on 65.48 - acres of a 77.28 -acre property. The approval was granted on July 5, 2011 and memorialized in Resolution 2011-44, Exhibit C. The Unified Land Use Resolution of 2008, as amended was in effect at the time and required satisfaction of conditions within one-year of approval. A request for extension of the approval was considered by the Board on June 18, 2012 and Resolution 2012-54, Exhibit D, granted a one-year extension, until July 5, 2013. A second request for extension of the approval was considered by the Board on June 10, 2013 and Resolution 2013-40, Exhibit E, extended the approval until July 5, 2014. An application to amend the approval granted in Resolution 2011-44 was received by Community Development on March 3, 2014 and is currently pending in the review process therefore the Applicant has requested a third extension of the timeframe to allow for sufficient time to complete the amendment process. II. AUTHORITY The Board has the authority to grant extensions pursuant to Section 4-101 I. of the 2013 Land Use and Development Code, as amended (LUDC) which states: I. Extension of Conditional Approval. It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the expiration of a conditional approval, however, the Applicant may request an extension of the expiration date as follows: 1. Supporting Documentation. Application shall be made to the decision maker that issued the original approval and shall include a written explanation of the reasons 1 • • why the conditions have not been met and the estimated timeframe in which the conditions will be met or completed. 2. First Extension. a. Extensions of 1 year may be granted for all conditional Land Use Change approvals, and Subdivision or Conservation Subdivision Preliminary Plan approvals. b. Exemptions and Final Plat approvals may be extended by a period of 90 days. 3. Additional Extensions. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the decision maker that issued the original approval, prior to the expiration of the current approval. 4. New Application Required. If an Applicant fails to timely request an extension as set forth in section 4-101.1., the approval will be void and the Applicant must submit a new application for the desired Land Use Change or division of land approval notwithstanding the foregoing, the BOCC may grant an extension of an otherwise expired approval upon a finding by the BOCC that the failure to file for an extension was due to extenuating circumstances and that it benefits the public interest to grant the extension. IV. STAFF RECOMMENDATION Staff recommends that the Board grant a third extension, for two years, to the conditional approval contained in Resolution No. 2011-44 for the Cerise Gravel Pit. The approval shall expire if the conditions are not met on or prior to July 5, 2016. 2 • • STATE OF COLORADO ) )ss County of Garfield ) EXHIBIT a 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 5th day of May, 2014, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Frank Hutfless , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board Andrew Gorgey , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH A THIRD EXTENSION OF APPROVAL FOR THE CERISE GRAVEL PIT, TO ALLOW FOR AN ADDITIONAL TWO-YEAR PERIOD TO SATISFY CONDITIONS OF APPROVAL IN RESOLUTION 2011-44. THE SITE IS OWNED BY CLIFFORD CERISE RANCH CO., L.L.L.P. AND LOCATED AT THE INTERSECTION OF CR 103 AND SH 82, NORTHEAST OF THE TOWN OF CARBONDALE, GARFIELD COUNTY PARCEL NO.: 2393-253-00-158 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On the STH day of May, 2014, the Board opened a public meeting upon the question of whether to grant a two-year extension to satisfy the conditions of approval for a Major Impact Review approved on July 5, 2011. 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 closed the public meeting on the 5th day of May, 2014, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. D. The Major Impact Review for "Extraction of Natural Resources" for the Cerise • • Gravel Pit was conditionally approved on July 5, 2011 under Resolution No. 2011-44 for real property described in the document recorded at Reception Number 348555 in the records of the Clerk and Recorder, Garfield County, Colorado. E. In accordance with the Garfield County Unified Land Use Resolution of 2008, as amended, 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. In accordance with the Garfield County Unified 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 5th, 2012. This request was approved by the Board and memorialized in Resolution 2012-54. G. In accordance with the Garfield County Unified Land Use Resolution of 2008, as amended, the Applicant filed a second request to extend the deadline to satisfy conditions of approval for one year, to July 5th, 2013. This request was approved by the Board and memorialized in Resolution 2013-4054. H. In accordance with the 2013 Land Use and Development Code, as amended the Applicant filed a third request to extend the deadline to satisfy conditions of approval for a period of two years, to July 5th, 2016. 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 the Major Impact Review was made consistent with the requirements of the Garfield County 2013 Land Use and Development Code, 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 2013 Land Use and Development Code, 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 two-year extension for the Applicants to satisfy the conditions of approval contained in Resolution 2011-44. Dated this • • day of , A.D. 2014, 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: John Martin Mike Samson Tom Jankovsky STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 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. 2014 County Clerk and ex -officio Clerk of the Board of County Commissioners