|
20. ANNUAL REPORT
<br />An annual report, submitted annually on or before July 1st, beginning in 2003, shall be submitted to the Planning
<br />Director [hat will include the following:
<br />l . Include a copy of the report that is required to be submitted to the Division of Minerals and
<br />' Geology and Mined Land Reclamation Board.
<br />2. How the quarry is or is not ht compliance with these Conditions as adopted by the Board of
<br />County Commissioners.
<br />3. All complaints that ensued over the previous year, including results of these complaints.
<br />4,. List all notices of violations by any prevailing authority of the County or State and [he results of
<br />these violations.
<br />The Si[e Development Director shall review these Conditions and conduct a site visit [o determine that the
<br />County's Bes[ Management Practices are complied with, including proper maintenance to detention basins, vehicle
<br />tracking pads, etc. The Planning Director shall review these conditions and conduct a site visit, if,~tecessary, to
<br />make sure that the quarry is in compliance with [he conditions of this Official Development Plan. The Planning
<br />Director shall contact the appropriate state agencies for verification of statements provided in the Annual Report.
<br />21. BERM RETENTION
<br />The front berm, as described on the mining Areas Plat map, shall remain as i[ exists today in perpetuity in order to
<br />help buffer the quarry from view from points outside the quatry._
<br />22. FINANCIAL SECURITY
<br />The applicant shall voluntarily go back to [he Mined Land Reclamation Board every five (5) years, beginning this
<br />year and then every consecutive five (5) years, to have their Financial Security for reclamation reviewed and
<br />updated as necessary if the Mined Land Reclamation Board does not revisit it themselves.
<br />23. QUARRY TRAFFIC
<br />Traffic counts related to the mine (passenger cars, light trucks, multi unit trucks, single unit vehicles in excess of 30
<br />feet and other vehicles) for all accesses combined shall be restricted to 1400 movements per day. Leaving the
<br />property, then returning is considered hvo (2) counts. If traffic counts are to be greater than 1400 movements per
<br />day, a Major Plan Amendment to [his Official Development Plan will be required [o review [he impacts of
<br />additional traffic prior to the applicant applying for a new Highway Access Permit from the Colorado Department
<br />of Transportation. -
<br />During critical times when an aggregate extraction project requires [hat these traffic counts to be exceeded, the
<br />applicant shall notify the Planning Director of the reason why traffic counts are to be exceeded, the proposed traffic
<br />counts for the project, the duration [hat the traffic counts will be exceeded, and what mitigation efforts will be used
<br />to ease additional traffic congestion due to the higher traffic counts. Higher traffic counts will only be permitted
<br />for a period not to exceed twenty (20) days per year. If traffic counts are to be exceeded for more than twenty (20)
<br />days per year, an amendment to this Official Development Plan to change this Stipulation and Condition will be
<br />required.
<br />24. U.S. HWY. 6 ROAD SWEEPING MANAGEMENT PLAN _
<br />A Road Sweeping Management Plan shall be prepared and submitted that indicates how maintenance will be
<br />performed on that portion of State right-of--way that fronts [he Walstrum Quarry parcel, that is acceptable to the
<br />Planning Department. The plan shall be submitted to the Colorado Department of Transportation for review and
<br />input. This plan shall be implemented in order to keep that portion of State right-of--way clean of dust and dirt
<br />along the Walstrum Quarry parcel.
<br />25. DUST MANAGEMENT PLAN
<br />Upon the beginning of use of the Secondary Access, a Dust Management Plan shall be completed and implemented
<br />that addresses dust and sediment on the Secondary Access.
<br />26. ACCELERATION LANE
<br />An acceleration lane on U.S. Hwy. 6, for the eastern access of the staging area located on the Texaco Placer, as per
<br />the requirements of the Colorado Department of Transportation, shall be constructed by August 31, 2002.
<br />27. COUNTY, STATE, AND OTHER REGULATIONS
<br />To the extent that applicable county or other governmental rnles, regulations or codes and ordinances ox laws are
<br />more restrictive than the preceding pazagraphs, such applicable regulations shall supersede and govern at all times.
<br />28. RESTRICTIONS RUN WITH THE LAND
<br />The restrictions herein set forth are binding upon all owners and respective successors-in-interest and run with the
<br />land.
<br />29. REVISION AND/OR AMENDMENT
<br />The conditions, restrictions, stipulations, agreements and covenants herein shall not be waived, abandoned,
<br />terminated nor' amended except by unanimous written consent of the then parcel owners, and consent of the then
<br />Board of County Commissioners.
<br />30. ENFORCEMENT
<br />Incase of any violation of the provisions hereof, the Board of County Conunissioners may, in addition to other
<br />remedies a[ law, including an action for damages, have such violations enjoined or, in the case of the erection or
<br />maintenance of any building, structure or thing in violation of any of the provisions hereof, may have such
<br />building, structure, or thing removed by proper legal procedure. Inaction by the Board of County Commissioners
<br />to perfect and enforce their rights shall no[ be deemed a waiver of the right of enforcement of same, even though
<br />such inaction maybe of long duration.
<br />
|