PERMFILE106259 - Laserfiche WebLink

Home Browse Search

Four State Aggregates LLC and Landowner Duvall Truelsen 'riic,t, Impact Permit No. 385 n„ae ~,i~rropriate balance between the protection of private property rghts, priv.ate~ p~Uf;crty valuea, and the cost effective provision of public services and facil ties. "fhe Comprehensive Plan and the Land Use Code that resulted were developed n the sprit of people working together to resolve land use issues, rattier tFi<~n tal:.;i~g hard line positions. It is this framework that must guide C:o,anty land u:;~~ de;c.isions. ll•~e property involved in this matter is unzoned per Section 3312.4 of ti~•a f•Aontczuma County Land Use Code. However, the gravel miriiny project in question is a High tmpact Development under Section 2401.4. and Section 2205.? of said Land Use Code. Therefore, a High Impact Permit is rey~air=d because the proposed change in land use exceeds traffic, noise and dust 1 hreshold Standards, Sections 2204 and 1202 of said Code. lr,e Montezuma County Board of Commissioners must render its decasion pursuant to Section 2205.5 of said Land Use Code which provides in part as fC%li!)`NS: "l3. Tt)e proposed use shall not generate any significant ;adverse iml)crcis on other property in the area and is consistent with this Code" and "t:). If the applicant fails to meet these decision criteria, the permit sl~~,ll either be approved with conditions, insuring compliance with the de~::ision criteria, or it shall be denied." Under the High Impact Permitting process, a Mitigation Plan is required including: F'tans for mitigating conditions that exceed threshold standards during its construction and operation, [and} ...For controlling, restoring, and remed anon of any impa<:ts that will continue after the construction and/or operalion .;,f I.h,e change in land use is complete." (2205.2) The Board of County Commissioners has heard and recognizes the concerns arZd issues raised by opponents of the Four States Aggrec3~3t:es, LLC; artcl I_ando~a~ner Duvall Truelsen Line Camp Permit. However, the: Commis~s~or~ believes that: any significant, adverse impact shall be mitigated and the ~,uwel ni~niny operation can co-exist in this agriculturaVresidential area based an the rc;ilowmg conditions, which in addition to the High Impact Permit application arrd ;mitigation plans submitted by the applicant, become part of the: High tmpact t=~ermit issued to Four States Aggregates, LLC and Landowner Duvall Truel.er~: 1) The permit shall be based on a five year operational perirxi starting 3t tl1e~ time a State recognized permit is issued by the St:3fe~ Mined t..eu)d Reclamation Board.