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Home My WebLink About7.0 Resolution 2009-97.pdf■Ill 11'11'..1, 11111 Reaept ianti : 780029 oifC417U,O i 16 36 AM Sean 4lb'r -ico 1 of 5 ltec Fee.$0 DO Doc Fee.0.00 GnRF1ELD 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, Monday, the 7th day of December A.D. 2009, there were present: John Martin , Commissioner Chainnan Tr si Haupt , Commissioner Mike Samson , Commissioner Deborah Quinn , Assistant County Attorney Jean Alberico , Clerk of the Board Ed Green i<absent} , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2409 -17 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN AMENDMENT TO A. SPECIAL USE PERMIT FOR A PARCEL OF LAND OWNED BY THE BUREAU OF LAND MANAGEMENT AND MINE CLAIMS OWNED BY CAL X MINERALS, I..LC, LOCATED NORTH OF THE CITY OF GLENWOOD SPRINGS, GARFIELD COUNTY PARCEL NO# 2119- 352 -00 -957 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request to amend conditions of approval related to a 16.3 -acre site within a 1,595 -acre parcel that is subject to a Special Use Permit for Extraction and Processing of Natural Resources for operation of a limestone quarry. The Board conditioned the approval of the activity and memorialized the decision in Resolution No. 82 -222. B. The extraction activity is located in the SE'/; of Section 36, Township 5 South, Range 89 West of the 6h P.M., Garfield County. C. The subject property is contained within the Public Lands zone district which required a Special Use Permit for such activity and use. D. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit to amend an existing Special Use Permit pursuant to the Unified land Use 1 11111411. ,1I��I'i E!. �IW1i. '1t 11111 Receptianl: 780029 DlIUcif2otO !1.16:36 AM Jean Filberica 2 of 6 Rec.' Fee. $0.00 Doc cee -o. 70 GflWTELP COUNTY CO Resolution of 2008, as amended. E. The Board of County Commissioners opened a public hearing on the 16th day of November, 2009 upon the question of whether an amendment to the Special Use Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the amendment. F. The Board of County Commissioners closed the public hearing on the 7th day of Decernber, 2009 to make a final decision. G. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: I. Proper posting and public notice were 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 above stated and other reasons, the proposed amendment to the Special Use Permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Article IV, Section 4 -107, Amendment of a Major Impact or Limited Impact Permit Approval, of the Unified land Use Resolution of 2008, as amended. RESOLUTION NOW THEREFORE, BE 11' 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. The Land Use Change Permit to Amend the Special Use Permit approved by Resolution No. 82 -222 for Extraction and Processing for a limestone quarry on 16.3 -acres north of the City of Glenwood Springs, Garfield County is hereby approved subject to compliance with. Resolution No 82 -222 and amending the conditions of that Resolution as follows: 1. All proposals of the applicant shall be considered conditions of approval unless started otherwise by the Board; 2 11111AnsMitaW1611114biltilaillnifilkirliWill1111 Reception #: 78O029 01104!2!0 1': :16:3[ AM Jean Alberich of _r• Pec Fee:$D.Ou Out FaP:O 00 GARFIELC COUNTY CO 2. The # -speeial use every s nths ce ; or >rit rovisio ns -of Erection- 9.03.05 of the Garfield p _ The applicant's compliance with the conditions of this resolution and any Land Use Change Permit issued pursuant hereto shall be monitored through the Board's review. The Board may request a public review of the operation at its discretion. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Land Use Change Permit; 3— T eat the use of QUet-of-land shall comply with all present and future regulations of mater- be located; That the use of the tract of land shall comply with all general, extraction, and processing regulations of Garfield County Unified Land Use Resolution of 2008, as amended. 4. That within one year of the date of this resolution the special use permit authorized hereunder shall be issued to the applicant, in the absence of which the grant of authority to the applicant shall automatically be rescinded; 5. That prior to the issuance of the subject special use permit, the applicant shall obtain and submit to the Garfield County Planning Department copies of its permits from all other government entities; 6. The applicant shall substantially comply with conditions imposed by permits issued by other governmental entities. Compliance shall be determined solely by any issuing government agency and the County shall not consider the qucstion of non - compliance under this condition until a violation is determined to have occurred by such agency. The applicant shall advise the County of any determination of violation within ten (10) days of the time it is advised of such violation. The Board shall consider such violation upon reasonable notice to the applicant. In the event the Board determines that any such violation adversely affects the health, safety or welfare of the population of Garfield County or of the uses within the zone district, the Board may require that the permitted operation be brought into compliance within a specified period, and the permit may be suspended or revoked if the operation is not brought into compliance within the period allowed. 3 Mil Af'.% F5RIVANV Recept i ontt : 780029 01:ial;tL10 ii 15-36 Am Jean PLberioo G of s Rep Fee:$0 -00 Loa Fee.0.00 G9ii!"1LL6 COUNTY CO 7. The applicant shall maintain mining and processing hours, exclusive of truck hauling, from 7:00 a.m. to 5 :00 p.m. Monday through Friday, and shall not mine or process on Saturday or Sunday; and the month of operation, exclusive of truck hauling, shall be from April 1 5th through December 15th of each year. 8. The applicant shall be responsible for maintaining the haul road frotn its quarry site to the paved portion of its haul route. Said maintenance shall expressly include dust suppression measures. The method to be used (whether by watering, chemical dust suppressants, or some other surfacing materials, ie. limechips), shall be satisfactory to Garfield County and applicable representatives of the United States Government. °l- sited --te monthly image; -for-tr ed materials: That the Applicant and its contractors shall be limited to 20 trips per day for transportation of quarried materials. e .. 10. That the -- app!lieant- shall -1 lirr ted tv ti r year from -the ate —That the applicant shall be limited to the extraction of 100,000 tons per year from the site. The I3OCC will conduct a review at a public hearing at applicant's request no sooner than one year from the issuance of the permit to determine whether an increase in production to 200,000 tons per year is appropriate. 1 1 _ Prior to issuance of a Land Use Change Permit for the amendments to the Special Use Permit, the applicant shall submit a Road Maintenance Plan for Transfer Trail to the Building and Planning Department for review and comment. Dated this y day of Juvl-m-a" , A.D. 20 10 . ATTEST: rk of the Board GARFIELD COUNTY BOARD OF COMMI. IO> SRS, GARFIELD COIN ] . CO S RADO Upon motion duly made and seconded the following vote: adopted by the 4 Bill ri MPIIfMA WIPICIgl'l ilIU l' r O 'f NIl I RecepLion4: 78002, oimmizoin 1Tr16•:15 PM ,}ear, A!berin a n' S RE, F.3e • $0 00 Dnc Fee • 0 00 0 P('lET 0 COUNTY CO COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER TRESI HOUPT , Nay COMMISSIONER MIKE SAMSON , Aye STATE OF COLORADO County of Garfield )ss ) 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 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 5