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HomeMy WebLinkAboutR16-001 Phase VI Aggregate Extraction Gypsum Ranch Gravel Pit Commissioner P-`fk)-c:_t moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2016 - 001 APPROVAL TO PROCEED INTO PHASE VI AND TO FINALIZE AGGREGATE EXTRACTION ACTIVITIES IN PHASE I OF THE GYPSUM RANCH SAND AND GRAVEL PIT FILE NO. PR-5926 (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 from the 1997 approval in addition to granting a 10 year extension to the life of the project; and WHEREAS, the mining operation has been reviewed for conformance with the original 1997 approval five times over the previous 16 years. On March 15`h, 1999 the County approved the first Permit to Proceed for Phase I of the operation. On May 8`h 2001 the Permit to Proceed for Phase II was issued, on March 14`h, 2006 approval was granted to proceed to Phase III, on August 11, 2009 approval was granted to proceed to Phase IV, and on August 30, 2011 approval was granted to proceed to Phase V. Each time the project passed inspection without remedialion required; and WHEREAS, pursuant to condition number six of Special Use Permit ZS-00173, Oldcastle SW Group, Inc. (herein after "Applicant") did file an application with the Eagle County Department of Community Development on or about November 23, 2015 for a Permit to Proceed into Phase VI AND approval to finalize permitted aggregate extraction activities within Phase 1 of the Gypsum Sand and Gravel Pit; and 10',' ii S 0! , By:, aagie Cou ty Attorney's Office By: Hage 1 of 3 Eagl County Commissioners'Office WHEREAS, the site plan provided by the Applicant for this request (Attached as Exhibit `A') to proceed into Phase VI and to allow completion of the approved aggregate extraction activities in Phase 1 of the Gypsum Sand and Gravel Pit does identify the additional area to be mined within Phase 1 as `Phase 4B'. This designation of`Phase 4B' represents the Applicant's corporate reference to the remainder of Phase 1. All prior and current county Special Use Permit approvals reference the area the applicant refers to as `Phase 4B' as `Phase 1' and shall be referenced as such; and WHEREAS, based on the review by the Department of Community Development of the application for Permit to Proceed into Phase VI and to allow completion of the approved aggregate extraction activities in Phase I, and the Department's conclusion that the 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 the Special Use Permit (ZS-00173) remains in conformance with the requirements and approval conditions of BoCC Resolution 2008-114; 2. That the proposed special use remains compatible with existing uses in the area; 3. 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 Oldcastle SW Group, Inc., File No. ZS-00173, to proceed into Phase VI AND to allow completion of the approved aggregate extraction activities in Phase 1 of the Special Use Permit approved for the operation of the Gypsum Ranch Sand and 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, 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 5th day of January, 2016. ort r COUNTY OF EAGLE, STATE OF ( 'V COLORADO, By and Through Its * * BOARD • CO TY CO/ ISS 'iNER ATT ST: fit. •• / // • vi N BY %IL 1 /11 . Clerk.to the Board of ath andler-Henry County Commissioners Chi it anne ! •ue-ney it Ap/o J i / H. Ryan r ommissioner Commissioner V1'C L`—t seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry 44--t.t " Commissioner McQueeney $4--L. ti Commissioner Ryan This resolution passed by / vote of the Board of County Commissioners of the County of Eagle, State of Colorado Page 3 of 3 „,,,. ,,__ trim---c �I I 1 /l•� I , m * 11 I . II I • ® r I S ' ` i �i cil o II ICI ® I ;)"r,! i ' I ; ill ¢ 2' r, ! ! y5 c/” /// ''' lt,EI c/ IHII II L I ze x' s E m� l �i� j 1 I I-1 8 hill i t it . 5 9 I / t Ill? H 11 . N ,at! ! f v�I.b*,-"k i,,t' .WS � s' i l / I 't€off �E11/-11,11°'� [�i' -� z• "l, ,'� d^ r* �,, _ ,,:,,,,V)-1 t :� a /Y f� rye x a° r.w's" ate • ' �1 �x ! �1/ l a r � 1:la`s" '0 3� ',r <, '` ! 2*':* tea ' _, ..5'1,',1 °t� 1,1,;'4". :-./ "rl /%, � I 4 s+,' ,'/'?"''' i I 1 i' r'r 'wr as -r a �+Nw r �s` : / �:. I # . 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