Laserfiche WebLink
Findings and Resolution <br /> Stroh Pit Special Revie-*N- <br /> Page 9 <br /> 5. In the event the applicant fails to comply with any conditions of approval or <br /> otherwise fails to use the property consistent with the approved Special Review, applicant agrees <br /> that in addition to all other remedies available to County. County may withhold building pen-nits. <br /> issue a written notice to applicant to appear and show cause why the Special Review approval <br /> should not be revoked, and/or bring a court action for enforcement of the terms of the Special <br /> Review. All remedies are cumulative and the County's election to use one shall not preclude use <br /> of another. In the event County must retain legal counsel and'or pursue a court action to enforce <br /> the terms of this Special Review approval, applicant agrees to pay all expenses incurred by <br /> County including,but not limited to, reasonable attorney's fees. <br /> 6. County may conduct periodic inspections of the property and reviews of the status <br /> of the Special Review as appropriate to monitor and enforce the tenns of the Special Review <br /> approval. <br /> 7. This Findings and Resolution shall be a servitude running with the Property. <br /> Those owners of the Property or any portion of the Property who obtain title subsequent to the <br /> date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, <br /> and persons holding under applicants shall comply with the terms and conditions of the Special <br /> Review approval. <br /> S. The applicant shall pay the Transportation Capital Expansion Fees (TCEF) within <br /> 120 days folloN�,ing the date on which this Findings and Resolution is recorded. <br /> 9. Operation hours shall be limited to the hours of 7am-5pm Monday through Friday. <br /> Hauling may occur additionally on Saturday from 7am-5pm <br /> 10. An access pen-nit including all required improvements shall be obtained from <br /> CDOT. All improvements shall be constructed and approved prior to any hauling from the site. <br /> 11. All mining and reclamation shall be completed no later than 7 years from the first <br /> material hauled from the site. Applicant shall provide written notice of this event to the County. <br /> 12. Prior to mining of the Nest Pit, berms shall be constructed adjacent to the active <br /> mining area. Prior to mining of the East Pit, berms shall be constructed adjacent to the active <br /> mining area. A grass or other cover shall be installed upon completion of any berm and <br /> maintained throughout the life of the Special Review Use. As the residential development to the <br /> east of the mining property becomes occupied. the County may require construction of additional <br /> berms in this area for dust and noise mitigation. if the noise levels exceed allowable levels. In the <br /> event noise from haul trucks entering and exiting the processing plant area exceeds allowable <br /> levels, the County make require construction of additional beans along the access road. <br /> 13. The applicant must have a construction permit issued by the Air Pollution Control <br /> Division prior to starting construction of the berms. <br /> 9 <br />