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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF APPLICATION • Administrative Review • Development in 100 -Year Floodplain City: Carbondale State: CO Zip Code: 81623 • Limited Impact Review • Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment City: State: Zip Code: • Amendments to an Approved LUCP ❑ LIR ❑MIR ❑ SUP • Rezoning ❑ Zone District ❑ PUD ❑ PUD Amendment PROJECT NAME AND LOCATION • Minor Temporary Housing Facility • Administrative Interpretation Physical/Street Address: 86 County Road 104, Carbondale, CO 81623 • 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) INVOL� ;D PARTIES Owner/Applicant Name: Clifford Cerise Ranch Company, LLLP Phone: ( ) Mailing Address: 86 County Road City: Carbondale State: 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 Section: 25 Township: 7 Range: 88 LOTS 4(5.90AC), 12(29.04AC). IN SEC 26 - LOTS 8(5.23A), 9(39.45A), Legal Description: 10(30.76A), ALL LYING N. OF ST. HON 82 & E OF A BOUNDARY LINE DESC. IN 79195. ALSO LOT 13 SEC. 25 LYING NLY OF ST. HWY 82 CONT. Rural Zone District: 109.55 Property Size (acres): • • 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 -00R 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 corr ct d accurate to the blast of my knowledge. 2t(4- Signature of Pro y Owner Date OFFICIAL USE ONLY File Number: - Fee Paid: $ April 21, 2014 • Oldcastle° Materials SOUTHWEST GROUP, INC. Kathy Eastley Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 ,o«oik 2 FOUR CORNERS MATERIALS 4gr UNITED COMPANIES EaTELLURIDE GRAVEL WAYCOR MATERIALS RE: Request for Extension to Resolution 2011-44 Dear Kathy, 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 Grand Junction, CO 81502 PH: 970-243-4900 Fax: 970-991-6610 liglaitillfiLIOILIIR ®I 11' Reception#: 789579 08105(2010 11:42:07 AM Jean Alberioo t of 1 Reo Fee:$11 00 Doc Fee:0.0D GARFIELD COUNTY CO STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-°172, the undersigned executes this Statement of Authority on behalf of Clif(ordCedseRaodiCompany a LimifedLlabilliyLimited Pamtership (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Clifford Cerise Ranch Company, L.L.L.P. and is formed under the laws of Colorado The mailing address for the Entity is 86 County Road 104, Carbondale, C0 81623-9604 • The naive and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Robert S. Cerise, Toni S. Cerise, and Michael B. Cerise, General Partners The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: None (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this,5Q, day of AU4t '" , 2010. Signature: Name (typed or printed: - S:- errrim, Tre-Ca Geese end Michael B. Cerhse Title (if any) : eeneralpnrtners STATE OF Wanda )SS. COUNTY OF Garfield The foregoing instrument was acknowledged before me this day of , 20J by-RomaBeerise,To$-C.0miesandMichael B.Cedse , on behalf of Clifford Cerise Ranch Company , a UmnedLiab 1011Reparmerehlp 05/09 Witness my ha / It Ca— (Notary Public) • • From: Michael Cerise 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://www.crystalspringsbuilders.net/ 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, I 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 Otdcastle 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 keastley@garfield-county.corn mm rrr Itr) Y7yi Oniony') filer 111 i'• wr iiia ir'uh JI r'i7it'i8 ■I II I Reception#: 848371 04/21/2014 02:01'43 PM Jean Alberico 1 of 1 Pec Fee $11 00 Doc ree 0 00 GORF COUNTY CO • NNW Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Oldcastle SW Group, Inc. , a Colorado (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Oldcastle SW Group, Inc. and is formed under the laws of the State of Colorado The mailing address for the Entity is P.O. Box 3609, Grand Junction, CO 81502 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Peter J. Siegmund, Vice President The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 1711 day of April , 2014 Signature: Name (printed): Peter4 Siegmun Title (if any): Vice President STATE OF Colorado ) )SS. COUNTY OF Mesa ) The foregoing instrument was acknowledged before me this 17t1-1 day of April , 2014 by Peter J. Siegmund, Vice President , on behalf of Oldcastle SW Group, Inc a Colorado Corporation Witness my hand and official seal. My commission expires: y 0/5 (CSate) 4 GENEVIEVE M. BLECHA NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19914003259 My Commission Expires April 4, 2015 [SEAL] (Notary Public) • VIII VA HIC1AN 11111 Reoept on#: 886858 08/1$/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 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 Conunissioners 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, MIPA 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 corner of State Highway 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. Page 1 of 10 iturillIMENINV51:101.441 kftlittrillf Ili, 111111 R.ceptaon#: 80E658 08/16/2011 05:35:18 AM Jean Alberioo 2 of 28 Rao Fee:$0.00 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. L 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 five (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 nil D+` nIfiNi416'i illit VINMAINI IYIi'QiW111411111 08l16f20 1 09;35 lee A Jean Alberioo 3 of 28 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 (11)(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 NA igefe 1101 Reception#: 808658 08/1612011 09:35:19 RM Jean Rlberlco 4 of 28 Rec Fee:$0.00 Doe Fee:0.00 GARFIELD 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 um in pnyarplilay hilifW,ML"t}N'k 1111( Reception#: 806658 88!18/2011 09:36:18 AM Jean Alherioo B of 28 Rea Fee:$0.00 Doo Fee:0.0C 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 11111I '♦� �I 1'�t� +rli�u�prc KNOWN 1111 Reception#: 806658 88/16/2011 09:36:18 AM Jean A1berica 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 Army 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 shall 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 0011 r1tAi'lwlairilai,li111 WV ti14RM 1111 Reception#: 806658 08/16!2011 09:36:18 AM Jean A1beriao 7 of 28 Rea Feec$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 arealocations, 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 X111 ttl�i PMMIMViC VPi 'trust 11111 Reception#: 806658 08/16/2011 09:35:18 AM Joan Alberioo 8 of 28 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY GO 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 siteshall 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 minimise 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 Nil IA 11.1M110 FAL V11! ll I Reception$! 806658 08116/2011 09:35:18 AM Jean Alberioo 9 of 28 Rec 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; D. 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 ttday of , A.D. 20 I ! . ATTEST: GARFIELD. COUNTY BOARD OF COUNTY COMMISSIONERS, ,COLORADO k of the Board of County #Ir airman Upon motion duly made and seconded the fore following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY ted by the , Aye , Aye , Aye Page 9 of 10 1111 /111! Reception#: 806658 38/18/2011 09:35:18 AM Jean Alberico 10 of 28 Rep Fee:$0,00 Doo Fee:0.00 GARFIELD COUNTY CO i 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 ONI M9'LM'1& 11111 COUNTY CO w t LB g .06 _ Q5 raii '00 71 m8 Mw -. el' o 8 0.010. s L tri IIrcsw Voyibou *Rio wra% situ. 1910 Ado Od **Ammo* gni, witoN 91`8 Exhibit A 0 MUM Page 1 of 13 4.111011ipplclQ :_::-3131111111111111 ---------1A.r. 1111 — - - — — .dm00iK 4 mi,- faillsoon q .4q.11W 1 m1111=mums • ammo imams ausanance • nYYmT4.zwWopMao ^wavemrr CERISE MINE SITE PLAN A16WoscetAla1 enoWMc anula6e1711a1aNan* IM35711ALFOFSEa9:999910,A9939w7Saunt MOM xar Sm11 awNcaetIIERawCOWRY OFruwel,gsonEffoa adno GIME PEAP911110199y IERM,09919,09,11179: &W MIONE. utraaaoniuwailatm.110.6190mr trwar VICIPIRIABOPIMINIMNIFORACIENAINOrwrm® SNI R1NC6Mm a a WIND_ ,Nitetriffe CO MUM; 110112low ■11. rimmudermagato. =gm ArAarMI =RCS 111111 • .0112111Mattem Lux. >i.6M p®ylAfgq a1111gOQr 11:41111F411M aaowllO�lam) 1A smug ono INVI . 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DBSI>8iIG1 AY '.tc,M .......i.,:.1W+5^ a� PAMci, a $ i' -EaJU MININCaSEQUEN .t (PRE -ammo Ej a SW.. lel® :Y:9W� �,•..i .,,,, �m+�fw"erm ow.1114111}01”*PMerlILWPIRCCUM II1 RMSCallIY 1110Vp .ncram�rkh VIII 1114111 'I I IK IMNGPl'Cc MPS aI 1n Reception#: 809658 08/18/2011 09.36:18 AM Jean AIDerico 14 of 28 Reo Fee:$0.00 Doc Fee:0.20 GARFIELD COUNTY CO 1 i i i J14'°IihUll !fJJ1:IJJIJIIVJPLiI 411.1 k If .1 C • - ".piQOa rirarai+rnf + g,. _ axwi .o+q. 1 1 a UMMVAIrt amen mitttoiefara e REFtAlif 10.111 ,. maspinou mow.. MINING SEQUENCE 2 FrIASEt PAINING) ,111„0 S4Qdt➢1,1714, nmemra:cery'- "MI'®iTAtBF�M 1 f monita.m.u....-sintaszormayamarthirstrOrrrciunivunacht.soannsowarr.....evarri.wawo_ Reception#: 806658 08116/2011 09.25:18 AM Jean Alberioo 15 of 28 Rec Fee:$0.60 Doo Foo:0,00 GARFIELD COUNTY CO Cis 1! 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MINING) amt. neseatqa.• 1.•11= 11.1240m ire TETRA TECH. weseleaaouian 101111.1med1t-Csaafr lot.C.100*1 .F.INCV-.1.7/C.4.2,11MCM11 I VIIIIIIIMICIM1.4=1,1131.11PFIDWADEEITRIERCINIEVIAIFflR.lE1�Tt�-nuUwc.�r.. 1 z z 0 co 0m c m 0 m 0o 3 { 3 LER= MUM CITE MAY MINING SEQUENCE 8 {FINAL RECLAMATSON CONTOURS) VOTO MIMEO 11+30 fmu. tAntae Term TECH Mill.YCM131. Wtl IF IAIFIEFMP61372.8M1 in 'p�2� • --Jo U r >.1— 2 0 U 2 QgiO —1 nrP9 '51 4g 0 g E0 —*mm3 _BOP 5.--,e�'11'0NN 0173 o 11Isa re 1 14VQJ1a■ES3.a1. V.CLInp/Zi149®IfJLQ11RR1■p1L2nyppVXfIRIR11H111CC1MYWip'NJ .I1 OLl IMM YV1•t13 11 x 1 avid a adage mai ear lauTv 6010 110160 m1ZSMIVE RNL C1 OS8.8BCTCON6 R. •1.11,X1 iam Yasallene TEMA •ICH m1■RalaLwI IIM1a.timanm•161yY....n.1mEspairinapp@cannerlYrecrsmi7YNtOeo .00NO.t. . v n !j AO Iki , li iii ■Iilo-�.:.; oiraNsi c imier PLANT SITEMIf3 STRUCWIE ELVATIO$$ wwnl ep� PI InPIC .ma.....wrer enmm wry ma Ma/1029: TN. IWROIERI9ab.C6VEEMorAoraLosPlA tiEDUltral 0 m N . • a hg $ 11 11 UN pp fill as agG L m in r 2 0 0, 0 T• m r 2 1 A: MEM f %; A SrA" �. ---- fir. A, rr ki%) %P r0%0 ° rP ti k Ni ••• rm _ Wiz. _ - - ,slicebowG 0 0 000000 !IMMO UNCIMINegr0 1 A®oER®Tlxc 4an8OCURRY.e9WN199 oNn 9000M19A sr CERA MME • LANDSCAPE PLAN te:zslar I* 13012611. 40111.0112/11 TETRA TECH waa.agalaISL • m t )Allima91A 1111 111111111ilirlllitt1.10,1+101114101111114, 111111 Receptlen0 : 806658 08/16/2011 09:35:18 PM Jean Alberico 24 of 286 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°43119" 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°Q1'12"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 I of 3 1111Iy ileiromitPn 14191V1414I0iI CPi 11 III Receptlerr#: 806658 08/16/2011 09:35:18 AM Jean Aiberico 25 of 28 Rev 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 FEET; THENCE S12°52'50"W, A DISTANCE OF 23.42 FEET; THENCE S14°30'48"W, A DISTANCE OF 49.93 FEET; THENCE S11°1 I'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°0731 "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 Elm COVANINLIfialiirigbilaUltili 11111 Reception#• 806858 08/18/2011 08:38:18 AM Jean Alberioo 28 of 28 Rec Fee:E0.00 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'S5"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°57154"E, A DISTANCE OF 45.73 FEET; THENCE N80°27'40'E, A DISTANCE OF 128.18 FEET; THENCE S 14°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 FEET; THENCE S80°31'31 "E, A DISTANCE OF _682.89 FEET; THENCE N09°5298"E, A DISTANCE OF 9.94 FEET; THENCE S80°30'49"E, A DISTANCE OF 8.52 FEET; THENCE N00°0726"E, A DISTANCE OF 1900.02 PEET; THENCE S74°14'09"W, A DISTANCE OF 529.50 FEET TO THE POINT OF BEGINNING; CONTAINING 2,852,372 SQUARE FEET, OR 65.48 ACRES, MORE OR LESS. • PREPARED FOR AND ON.BEHALF OF LAFARGE WEST, INC. TIMOTHY W. KURTZ Page 3 of 3 110 MI eliMriIlg1hlln 11/4111401Srlirlifil In 11111 Reception#: 806658 08/16/2011 09:35:18 AM Jean A1b®rico 27 of 28 Rao Fee:$0.00 Doc 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, 6Th 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, 6TH P.M. TOGETHER. WITH ALL THAT CERTAIN PROPERTY LYING SOUTH OF A LINE STTUA'TFD 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 wrrEEN 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 LEIS 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, 1973 IN 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 RIO M. PII4+PTIPV Uirtipill41416C1411 II' k 1I (! I Reception#: 806658 08/16!2011 09:35:18 AM Jean Alberioo 28 of 28 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO • • 1111 r phliViiihN1.1I01I44C V NIt I0iI. 'i 11111 Receptson#: 829946 07/03/2012 10:41:36 RM 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 Gorgev , 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-54 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 6TH P.M., GARFIELD COUNTY PARCEL NO. 2393-253-00-1 58 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 18th day of June, 2012 upon the 1 3 . • 1IIIInf+hiiVAII UiNNILIM1441651110 1111 Reception#: 820946 07/03/2012 10:41:36 AM Jean Rlberico 2 of 3 Rep 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. Dated this day of k`1 --t , A.D. 20 1 . ATTEST: GARFIELD TY BOARD OF COMMISSII RS GARFIELD COUNTY 2 11111yY ik Rild i sf2Mrlil ,lel I �Cl�ii 'Y%ITIVP1,0111 11111 3946 07 of 3Rec Fee:$0300aM Doc,Fee:0,00 GARFIELD COUNTY CO • Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3 111111 Mt 11 111 Reception#: 837727 07/09/2013 12:42:23 PM Jean Alberico 1 of 3 Rec Fee:$O.OD 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 10th 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 Attorney Clerk of the Board when the following proceedings, among others were hadr�and done, to -wit: RESOLUTION NO. ,../0 id- `/o 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 6TH 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 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 hri'a,IN 11111 Reception33: 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 111111n100,11144N00741111011e0101111111 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 d day of ATTEST: _LGYt,. m 1ivIc of the Board , A.D. 20 /3 GARFIELD COUNTY BOARD OF COMM ISS ONE' S, GARFIELD LINTY. RAD 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