HomeMy WebLinkAbout4.0 Resolution 85-42BOOK 665 f'>;fiE870
STATE OF COLORADO ) �p_,;,ordeti afi I (• (*c-. o'clock_ - -MAR `j 1,.., J.c,,�
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) ;'<s�,p*ion No°' ALSDIt1;1i_D�iED ALSDORF, RECORDER
GARFIELD COUNTY, COLORADO
At a regular .meeting of the Board of County Commissioners
for Garfield County, Colorado, held in the Commissioners' Meeting Room,
Garfield County Courthouse in Glenwood Springs on Monday , thel8th
day of March A.D. 1985, there were present:
County of Garfield
Rnh Ri eharclsnn
Larry Schmueser
Flaven J. Cerise
Steve Zwick
Mildred Alsdorf
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney, Asst.
, Cleric of the Board
When the following proceedings, among otners were had and done, to -wit:
RESOLUTION NO. 85-42
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR NATURAL RESOURCE EXTRACTION AND ASSOCIATED FACILITIES BY
EASTSIDE COAL COMPANY, INC.
WHEREAS, the Board of County Commissioners of Garfield County,
Colorado, has received an application from Eastside Coal Company, Inc.,
for natural resource extraction and associated facilities described tract
of land:
Section 24 and the S 1/2 NW 1/4, N 1/2 SW 1/4 Section 19, T5S, R91W
of the btn Principal Meridian
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Board conducted a public nearing on the 4th day of
February, 1985, upon tne question of whether the above-described Special
Use permit should be granted or denied, at which hearing tne public and
interested persons were given the opportunity to express their opinions
regarding the issuance of said Special Use permit; and,
WHEREAS, the Board on the basis of substantial competent evidence
produced at tne aforementioned hearing, has made the following
determination of fact:
1. That proper publication and public notice was provided as
required by la. tor the nearing before the Board of County
. Commissioners.
2. The Public Hearing before the Board of County Commissioners was
extensive and complete; tnat all pertinent facts, matters and
issues were submitted and tnat all interested parties were heard
at the meeting.
3. That the proposed special use conforms to Section 5.03 concerning
tne Approval or Disapproval of a.Petition for a Special Use, of
the Garfield County Zoning Resolution.
4. Tnat tne proposed land use will be compatible with existing and
permitted land uses in all directions.
5. Tnat for the above stated and other reasons, tne proposed zoning
is in tne pest interest of tne health, safety, morals,
convenience, order, prosperity and welfare of tne citizens of
Garfield County.
GOOK 665 pAcE8 1
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado that the Special Use permit be and 'Hereby is
authorized permitting the use of tne above described tract of land for
natural resources extraction and associated facilities upon tne following
specific conditions:
1. All written proposals of the applicant shall be considered
conditions of approval, unless specified otherwise by the Board
of County Commissioners.
2 That any Special Use permits issued shall be valid for a period
of five (5) years or until production levels exceed 200,000 tons
per year or until monthly average daily truck trips exceed 40
round trip, truck trips; whichever comes first.
3. That prior to the issuance of any Special Use permits, the
applicant shall obtain and submit to the Planning Department
copies of all permits from other applicable governmental
entities.
4. That the applicant and/or his contract hauler shall be subject to
the following conditions related to public safety:
a) All loaded trucks will be covered or binder solution will be
applied to the loads;
b) The applicant will coordinate with the RE -2 School District
to insure that truck traffic will not oppose bus traffic and that
a plan of operation for hauling be approved by the RE -2 School
District;
c) All trucks shall be equipped with operative jake brakes;
d) All safety requirements of the Colorado Department of
Transportation snail be implemented;
e) Drivers convicted of a moving violation while driving coal
trucks, resulting in an accident, shall be permanently terminated
from employment; additionally, any driver convicted of a moving
violation wnile driving coal trucks, resulting in four (4) points
or more being assessed against the drivers license, shall be
permanently terminated from employment;
f) Truck traffic will oe limited to hours between 7:00 a.rn. and
5:00 p.m., Monday tnru Friday, and, further, that hauling may
occur on an emergency basis three (3) times per quarter on a
Saturday between 7:00 a.m. and 5:00 p.m., with notice being given
to the Planning Department, 24 hours in advance.
5. That the coal truck haul route be CR 237 to CR 233 to CR 227 to
J. S. Hignway 6 & 24. Furtner, that a pavement tnicKness design
study oe provided by tne applicant for this route and that the
applicant enter into an agreement for tne maintenance and/or
improvement of the roads in question, based on_ the study and
acceptable to tne Board of County Commissioners.
6. Tnat all building permits, environmental Health permits and sign
permits as required by County regulations be obtained prior to
construction or need.
BOOK € 6) ?AGE872
7. That the applicant submit a monitoring report, on a quarterly
oasis, to the Planning Department wnicn includes the following
information:
a) Number of moving violation citations and accidents issued to
or involving Eastside Coal drivers while hauling coal, if any.
b) Number of. deer killed by Eastside Coal truck drivers, if any.
c) Number of loads of coal hauled per day on a monthly average.
d) The amount of coal presently stockpiled at the mine site.
e) The amount of coal snipped.
f) The number of employees, oy place of residence and length of
residence.
Dated this 18th day of March , A.D. 85 .
ATTEST: GARFIELD.COUNTY BOARD. OF COMMISSIONERS
GARFIELD�COU , COLORADO
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Clerk of the/Board', Deputy Cha man.
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote:
Bob Richardson Aye
Larry Schmueser Aye
Flaven J. Cerise Aye
STATE OF COLORADO
County of Garfield
1, , County Clerk and ex -officio Clerk
of the Board of County Commissioners in and for the County and State
aforesaid do hereby certify that the annexed and foregoing Order is truly,
copied from the Records of the Proceedings of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS Vint EOF, I have hereunto set my hand and affixed the seal
of said County, ac Glenwood Springs, this day of , A.D.
19
of the Board of County Commissioners.
County Clerk and ex -officio Clerk