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
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Administrative Review
•
Development in 100 -Year Floodplain
City: Carbondale State: CO Zip Code: 81623
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Limited Impact Review
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Development in 100 -Year Floodplain Variance
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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
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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
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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
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•
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)
•
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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.
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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.
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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.
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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
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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
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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.
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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.
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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:
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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
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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