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HomeMy WebLinkAboutR99-159 revocation of cole special use permit eagle rock and stoneCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 - /�5 REVOCATION OF SPECIAL USE PERMIT Cole Special Use Mr. Richard Craig d /b /a Eagle Rock and Stone FILE N0. ZS- 386 -96 WHEREAS, on June Colorado, Randy Scott approval for Cole Spe File NO. ZS- 386 -96 at Commissioners, in the described as follows: 18, 1996 the County of Eagle, State of Cole, ( "Original Applicant ") did obtain vial Use (Surface Harvesting of Moss Rock) a Public Hearing before the Board of County unincorporated area of Eagle County A parcel of land zoned Resource, Parcel Number 237704200002, 30.48 acres located at 5025 US Hwy 24 between Redcliff and Camp Hale at mile marker 157.2 on a patented mining claim known as the "Badger State Mine "; and WHEREAS, on or about March of 1999, the property was sold to Richard Craig ( "Current Owner) d /b /a Eagle Rock and Stone (hereinafter "Permittee ") to whom the Cole Special Use Permit ZS- 386-96 was transferred with said sales transaction; and WHEREAS, on August 30, 1999 before the Eagle County Board of County Commissioners (herinafter "the Board ") a Special Use "Revocation Hearing" was held, Eagle County Code Enforcement, based upon its findings, recommended revocation of the Cole Special Use Permit, and WHEREAS, the Board, considered the evidence, testimony, exhibits, "Standards" as stated under the provisions of Article 7 -110 Subdivision B of the Eagle County Land Use Regulations, and comments of Eagle County Code Enforcement, statements and concerns of the "Permittee ", and comments from all interested parties, the Board of the County of Eagle, State of Colorado, 1 U 1111111111111111111111111111111111111111111111111111111 710899 09/30/1999 01:07P 370 Sara Fisher 1 of 3 R 0.00 D 0.00 N 0.00 Eagle CO y f . ,I BASED UPON THE EVIDENCE BEFORE IT, THE BOARD FINDS AS FOLLOWS: 1. the Cole Special Use Permit was issued under the following conditions: to harvest "Moss Rock ", the area of disturbance was to consist of 4 acres, the operation was to pick rock off of the ground and soils not to be disturbed more than one foot. No subsurface extraction, only stone from existing slides will be removed." 2. Reasonable grounds exist for revocation of the Cole Special Use Permit ZS- 386 -96 as required by law under the provisions of Article VII Section 110 Subdivision B, 1 and 2, "Standards ", Eagle County Land Use Regulations. 3. The permit was issued on the basis of erroneous or misleading information or misrepresentation. 4. The terms and conditions of the Special Use Permit had been violated. TO WIT: a. The area of disturbance is major with some intrusive excavation as deep as twenty (20) to thirty (30) feet. b. Tree damage and removal was evident in several areas. C. Road cuts were made in several areas. d. Blasting of the ridge line had occurred. e. An encroachment and disruption of United States Forest Service owned land had taken place. f. An illegal movement of the property line pins had taken place. g. On April 24, 1996 The State of Colorado Division of Minerals and Geology Declaratory Order (no mining or reclamation bond) was issued under misrepresentation of fact. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Cole Special Use Permit ZS- 386 -96 to "Harvest Moss Rock" is hereby revoked. 2 THAT, revocation of this Special Use Permit is cumulative, and does not prevent the imposition of any penalty or remedy allowed by law. THAT, the Board of County Commissioners directs the Department of Environmental Health to provide a copy of this Resolution to the Permittee. THE BOARD further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the Count of Eagle, Sta of Colorado, at its regular meeting held the day of [ nunc pro tune to the (?0(j day of COUNTY OF EAGLE, STATE OF COLORADO, T By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: I * Yli H t /tet+no 1A Sara J. Fi §her Clerk to the Board o: County Commissioners Commissioner C' L/,(/jarn seconded adoption of the foregoing ResolKition. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips G ae, Commissioner James E. Johnson, Jr. ,p Commissioner Tom Stone This Resolution passed by C3 - vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3