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HomeMy WebLinkAboutR11-112 Gypsum Ranch Sand and Gravel Pit Phase V Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - I / A • APPROVAL TO PROCEED INTO PHASE V OF THE GYPSUM RANCH SAND AND GRAVEL PIT FILE NO. PR -3410 (Special Use Permit No. ZS- 00173) WHEREAS, On August 18, 1997, the Board of County Commissioners approved a 10- year Special Use Permit (ZS- 00003) for the Gypsum Ranch Sand and Gravel Pit; one of the conditions of approval requires review for compliance with the provisions of the Special Use Permit by the Community Development Director and subsequent resolution by the Board of County Commissioners prior to the commencement of each new phase of the project; and, WHEREAS, On August 19, 2008, the Board of County Commissioners approved a new Special Use Permit (ZS- 00173) to allow the Gypsum Ranch Sand and Gravel Pit to continue operations for an additional 10 years, until December 31, 2018. The requirement for review of the gravel extraction operations relative to the provisions of the Special Use Permit was carried forward with the approval of the 10 year extension. WHEREAS, the mining operation has been reviewed for conformance with the original 1997 approval three times over the previous 11 years. On March 15 1999 the County approved the first Permit to Proceed for Phase I of the operation. On May 8 2001 the Permit to Proceed for Phase II was issued, on March 1 4 th , 2006 approval was granted to proceed to Phase III and on August 11, 2009 approval was granted to proceed to Phase IV. Each time the pit passed without remediation required. WHEREAS, pursuant to condition number six of the requirements of Special Use Permit ZS- 00173, LaFarge West, Inc. (herein after "Applicant ") did file an application with the Eagle County Department of Community Development on or about July 20, 2011 for a Permit to Proceed into Phase V of the Gypsum Sand and Gravel Pit, located within the Resource Zone District, in the unincorporated area of Eagle County.: WHEREAS, based on the review by the Department of Community Development of the application for Permit to Proceed into Phase V, and the Department's conclusion that the Page 1 of 3 Gypsum Ranch Sand and Gravel Pit operations are in compliance with the provisions of BoCC Resolution 2008 -114, the Board of County Commissioners finds as follows: 1. That no public notification for the Board proceedings conducted on August 11, 2009 was required by law but the hearing was duly noticed in accordance with the Open Meeting Law; 2. That the Special Use Permit remains in conformance with the requirements and approval conditions of BoCC Resolution 2008 -114; 3. That the proposed special use remains compatible with existing uses in the area; 4. That for the above stated and other reasons, the Special Use Permit remains in the best interest of the health, safety, and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application of Roaring Fork Resources, File No. ZS- 00173, to proceed with Phase V of the Special Use Permit approved for the operation of a gravel pit within the Resource Zone District described herein, be approved, subject to the conditions as set forth in BoCC Resolution 2008 -114 and as additionally set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. Except as otherwise modified by this approval, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. THAT, this permit shall be subject to review as provided for Special Use Permits, by the Eagle County Land use Regulations. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. Page 2 of 3 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 30 day of August, 2011. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ii ATTEST: , 4 BY: �, / 0 ; ., .e BY: ■■ Teak J. Simonton -140.10 0 * , J • n • avney, Chairman / Clerk to the Board of County Commissioners B Peter F. Runyon, Commissi.. -r BY: A — Sara J. Fisher, ommissioner Commissioner econded adoption of the foregoing resolution. The roll having been called, the vote wa as follows: Commissioner Jon Stavney dr Commissioner Peter F. Runyon ita.. i Commissioner Sara J. Fisher /," / This Resolution passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page3of