HomeMy WebLinkAbout9.0 Resolution 2012-67.pdf1111 ~.~.~:ri1M,MI, Ill·~ 11\!,~~WI~~~I·U ~·IIIII I
Recaption#: 822437
~9107/2012 10:24:B0 ~M Jean Alberico
1 of 7 Rae Fee:$Q.00 Doc Fe8:0.00 GARFIELD COUNTY CO
STATEOFCOLORADO )
)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, July 16, 2012, there were present:
...,Jo>!!hn""-'M:""art""i"'n __ £!A..,b,se..,n,_t _________ , Commissioner Chairman
"'Mik"'""'e"--"'Sams...,,.o,.,n~-------------> Commissioner
-"'T""omill..:!J""ank"""o'-"v_,sk"-'y'---------------~· Commissioner
""'C,.ar..,e~y_,G,a,.gn,o""n"------------~· Acting County Attorney
,_,Je""an~AI"'be"""'-n""·c"'o---"'A""b""se .. n.._t _________ , Clerk ofthe Board
..,An=dr..,e"'w'-'G"'o""r""ge"-yL_ __________ ~, County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. Jb i~-b 1
A RESOLUTION OF APPROVAL FOR AN AMENDMENT TO A SPECIAL USE
PERMIT FOR 'EXTRACTION, PROCESSING, STORAGE AND MATERIAL
HANDLING OF NATURAL RESOURCES' FOR THE NORTH BANK GRAVEL PIT
LOCATED 2.2 MILES EAST OF THE CITY OF RIFLE ON PROPERTY OWNED BY
NORTH BANK HOLDINGS, LLC
GYPSUM RANCH CO., LLC, .llM AND JEAN SNYDER
Parcel /D's: 2177-122-00-515; 2177-124-00-301; 2177-132-00-300
And 2177-141-00-121
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (the Board)
received a request to amend an existing Land Use Change Permit (Special Use Permit) that
allows for operation of the North Bank Gravel Pit. The Applicant requested amendment of the
Permit to extend their phasing plan from 2016 to 2022 due to the economic downturn in
construction and Oil & Gas activity.
B. The subject parcel is located in unincorporated Garfield County within the Rural zone
district. Access to the site is from State Highway 6, across the existing railroad corridor. The
North Bank Holdings, LLC site is described in a General Warranty Deed recorded at Reception
Number 635887.
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C. A Special Use Permit for "Extraction, Processing, Storage and Material Handling"
was approved and memorialized in Resolution 2008-73 and a Special Use Permit recorded at
Reception 750622.
D. The Board is authorized to approve, deny or approve with conditions an Amendment
to a Land Use Change Permit pursuant to the Unified Land Use Resolution of2008, as amended.
E. The Garfield County Planning Commission opened a public hearing on the 11th day of
April, 2012 upon the question of whether the above described amendment should be
recommended for approval, approval with conditions, or denial, at which hearing the public and
interested persons were give the opportunity to express their opinion regarding the request.
F. The Garfield County Planning Commission closed the public hearing on the 11th day
of April, 2012 at which time the Commission voted unanimously to recommend approval, with
conditions, of the requested amendment.
G. The Board opened a public hearing on the 16th day of July, 2012 fot consideration of
whether the above described amendment 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 request.
H. The Board of County Commissioners closed the public hearing on the 161h day of July,
2012 to make a fmal decision.
I. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. The hearing 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. That for the above stated and other reasons the proposed amendment to the
Special Use Permit for North Bank Gravel Pit is in the best interest of the health,
safety, convenience, order, prosperity and welfare of the citizens of Garfield County
if recommended conditions of approval are adopted.
4. That, with upon compliance with conditions of approval, the application is
generally compliant with the 2030 Comprehensive Plan, as amended.
5. That, upon compliance with the conditions of approval, the application has
adequately met the requirements of the Garfield County Unified Land Use Resolution
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of2008, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorpomted by this reference as part of the resolution.
B. This resolution replaces and supersedes in its entirety all previous land use permits
regarding the 'Extraction, Storage, Processing, and Material Handling of a Natural
Resource' for the North Bank Gravel Pit including, but not limited to, Resolution 2008-
73.
C. The amended Land Use Change Permit for the North Bank Gravel Pit, extending the
permit timeframe from 2016 to 2022, is hereby approved subject to compliance with the
following conditions:
1. That all representations of the Applicant, either in testimony or the submitted
application materials, shall be considered conditions of approval unless specifically
altered by the Board of County Commissioners.
2. A well permit must be obtained from the Division of Water Resources prior to
exposing greater than 40 acre feet of groundwater on the site.
3. The Applicant shall provide a mapped inventory of noxious weeds on the site. This
map shall be submitted prior to issuance of the Special Use Permit.
4. The gravel pit hours of operation will be 7:00 a.m. to 8:00 p.m. Monday through
Saturday with crushing, digging, and heavy hauling allowed from 7:00am to 6:00pm
allowing for administrative and maintenance activities to take place until 8:00 p.m.
No operations shall take place on Sunday. Overburden/topsoil removal. may only
occur Monday through Friday between the hours of 8 a.m. and 5 p.m.
5. All operational activities including, but not limited to employee parking, fuel storage,
sanitation facilities and equipment storage shall be limited in location to that area
which is within the Mine Boundary as identified on the site plan and is being actively
mined at the time.
It is understood that these opemtional activities will occur within
each phase as it is being mined and therefore will be not be in a fixed location for the
life of the use.
6. In any mining phase, the mined slope length will be backfilled at a minimum of
3H:l V prior to topsoiling and seeding.
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7. The amount of mined slope allowed to be present that is not backfilled at any given
time is 1000 feet.
8. The amount of backfilled slope that is not topsoiled is limited to 400 feet. Topsoiling
is required on all surface areas down to 5.0' below expected water level.
9. Seeding and mulching according to the approved plan will occur on all topsoiled
areas each spring (March 15-April IS) or fall (September 15 to November 15) no
matter how small the area is.
10. Within 6 months of completing mining in any phase, as designated on the Proposed
Phasing Schedule of Mineral Extraction, that completed phase must be reclaimed to
include topsoiling, seeding, mulching, sapling planting. The seeding timeframe
referenced in Condition 9 may be extended due to inclement weather.
11. Pursuant to the revised reclamation plan submitted to the DRMS, a revised bond shall
be calculated to cover the revision and secured with DRMS to cover its
implementation and a copy of that bond shall be submitted to Garfield County
Building and Planning.
12. All of the conditions are binding of the County permit and the State Division of
Reclamation, Mining and Safety. The Division of Reclamation, Mining and Safety
can withhold the reclamation bond if the final reclamation is not executed according
to the plans.
13. The County will 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.
14. The Operator acknowledges that the County has performance standards in place that
could lead to revocation of the Special Use Permit if continued violations of the
permit occur over a period of time.
15. The Applicant shall be required to submit a report annually, until such time as the
release of the reclamation bond, of the gravel operation for staff review. Upon review
of any deficiencies pursuant to conditions of approval or other local, state, or federal
permits, Staff may forward the report to the County Commissioners for full review of
the Special Use Permit. This report shall include GPS measurements shown on a map
showing the current disturbance, what areas have been backfilled, where topsoil
stockpiles are located, all site structures, what areas have been seeded, mulched and
what is planned for the ensuing 12 months. This map shall be overlain on the
approved site plan which includes the approved phasing area locations, mine permit
boundary and 100' Colorado River Setback. Copies of annual reports required by
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and submitted to other agencies including, but not limited to, the City of Rifle, will be
attached to the annual report submitted to the County.
16. The County commits to notifying the operator of any compliance concern and allows
an inspection with site personnel and the designated County inspector prior to
contacting any agency.
17. The County can request a site inspection with one calendar day's notice to the
Operator. Full access to any part of the site will be granted. On request, all paperwork
mnst be shown. The County cannot request a large number of inspections that would
interfere with nonnal operation without cause.
18. A full list of all permits related to the special use shall be provided to the County.
Any person at any time can call the following agencies directly and request an
inspection if they believe a condition of that agencies pennit is being violated.
a. CDPHE Air Quality Control303-692-3150
b. CDPHE Water Quality Control 303-692-3500
c. US Anny Corps of Engineers 970-243-1199
d. Division of Reclamation, Mining and Safety 303-866-3567
e. CDOT Grand Junction office 970-248-7000
19. All mining activities shall be required to comply with the following performance
standards:
(I) Volume of sound generated shall comply with the standards set forth in
the Colorado Revised Statutes at the time any new application is made.
(2) Vibration generated: every use shall be so operated that the ground
vibration inherently and recurrently generated is not perceptible, without
instruments, at any point of any boundary line of the property on which the use is
located.
(3) Emissions of smoke and particulate matter: every nse shall be operated so
as to comply with all Federal, State and County air quality laws, regulations and
standards.
( 4) Emission of heat, glare, radiation and fumes: every use shall be so
operated that it does not emit heat, glare, radiation 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 signals, reflective painting
of storage tanks, or other such operations which may be required by law as safety
or air pollution control measures shall be exempted from this provision.
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal
areas:
(A) Storage of flammable or explosive solids or gases shall be in
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accordance with accepted standards and laws and shall comply with the
national, state and local fire codes and written recommendations I
comments from the appropriate local protection district regarding
compliance with the appropriate codes;
(B) At the discretion of the County Commissioners, all outdoor storage
facilities may be required to be enclosed by fence, landscaping or wall
adequate to conceal such facilities from adjacent property;
(C) No materials or wastes shall be deposited upon a property in such
form or manner that they may be transferred off the property by any
reasonably foreseeable natural causes or forces;
(D) Storage of Heavy Equipment will only be allowed subject to (A)
and (C) above and the following standards:
I. The minimum lot size is five (5) acres and is not a platted
subdivision.
2. The equipment storage area is not placed any closer than
300 ft. from any existing residential dwelling.
3. Deleted
4. Any repair and maintenance activity requiring the use of
equipment that will generate noise, odors or glare beyond
the property boundaries will be conducted within a building
or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri.
5. Loading and unloading of vehicles shall be conducted on
private property and may not be conducted on any public
right-of-way.
(F) Any lighting of storage area shall be pointed downward and inward
to the property center and shaded to prevent direct reflection on adjacent
property.
(6) Water pollution: in a case in which potential hazards exist, it shall be
necessary to install safeguards designed to comply with the Regulations of the
Environmental Protection Agency before operation of the facilities may begin.
All percolation tests or ground water resource tests as may be required by local or
State Health Officers must be met before operation of the facilities may begin.
20. The applicant shall re-apply to the Colorado Department of Transportation (CDOT)
for a revised State Highway Access Permit.
21. The applicant shall consider provision of a dry hydrant utilizing the ponds for fire
protection.
22. The Phasing Plan for the remaining 63 acres of the mining area shall be completed in
September 2022 and occur in the progression and timeframe as stipulated in the
Revised Phasing Plan.
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I ~ (], .... .J. Dated this ___,l.P,__ __ day of ~ , A.D. 20 I 'L
ATTEST: BOARD OF
GARFIELD
Upon motion duly made and seconded the fore ·
following vote:
.,C""O"'M-=MI'=:'S':'-SI:"O'O-NE="'R'-'C"'HAIR'=~J"'O""HN~F._,._,M""AR~T,_,IN"-'-----------' Absent
~C~O~MMI~~SS~I~O~N~ER~MI~KE~~SAM~~S~O~N _____________________ ,Aye
~C""O~M~M~I~SS~I~O~N~ER~T""O~M~J~ANK~~OuV~S~K~Y ______ ~-----------'Aye
STATEOFCOLORADO )
)ss
County of Garfield )
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 ofthe Board of County Commissioners
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