2009-06-12_PERMIT FILE - M2009035

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"PRECEPTION #: 2484543, BK 4832 PG 505 04/15/2009 at 08:37:36 AM, 2 OF 6, R $0.00 S $0.00 Janice Rich, Mesa County, CO CLERK AND RECORDER NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS IN THE COUNTY OF MESA, STATE OF COLORADO: THAT the request for an amendment to a Conditional Use Permit is approved with the following conditions: 1. All review agency comments not in conflict with the project recommendations must be addressed prior to the commencement of the sand and gravel extraction. 2. The applicant shall adhere to all required setbacks, with the exception of the proclaimed 33 Road right-of-way located on eastern boundary of Phase One mining activities. A setback of 0' for said 33 Road right-of-way is agreed upon with approval of this conditional use permit. The applicant shall submit application to vacate the 33 Road right-of-way within six months of approval. 3. The applicant or operator will obtain and maintain all required local, state and federal permits for the operation of the project. Copies are to be submitted to the Planning Department, including copies of the following: approval and proof of the bond from the Colorado Division of Reclamation, Mining, and Safety, gravel well permits from the Division of Water Resources, approved Mesa County Floodplain permit, Discharge Permit under Regulation No. 61, Water Quality Control Commission, Section 61.3 (2)(e)(iii)(J), Air Pollution Emission Notice (APEN) from Air Pollution Control Division of CDPHE including a Control Plan for Fugitive Air Particulate Emissions which limits site emissions to 20% opacity and prohibits off-site transport of visible emissions, Application for a Construction Permit with the Air Pollution Control Division (CDPHE), Notice of Start-up to the CDHPE which provides a 30 days notice prior to commencing operations, Permit from CDHPE for crushing and screening equipment a Relocation Notice 15 days in advance of moving such equipment to the site, and Copy of payment or receipt from Mesa County of the Transportation Impact Fee (TIF). 4. An administrative review shall be completed by the Planning and Development Department one year after the initial approval of the project to determine impacts of this operation and compliance with conditions of approval. 5. Hours of operation within the mine site shall be limited to between 6:00am to 7:00pm, six days per week Monday through Saturday for crushing activities, and seven days per week for hauling. 6. All criteria in Section5.2.13 A thm R of the Mesa County Land Development Code as detailed in the project review shall be followed continuously by the applicant and operator. The applicant and the operator are also responsible for continual compliance with Section 3.8.7 of the Mesa County Development Land Code. 7. The applicant shall not deviate from the site plan and documents submitted with this application. 8. Landowners and operators of the 32.5 Road Gravel Pit shall control noxious weeds as defined by Mesa County and the State of Colorado. Prior to excavation the site shall be scouted and noxious weeds identified and mapped. Said weeds shall not be allowed to become established, go to seed, or spread to other properties. When a noxious weed is suspected or has been identified to exist on the property, the operators and/or landowner shall contact the Mesa County Division of Pest Management for information on how to effectively treat the noxious weeds. 9. One sign no larger than 2 square feet in size is allowed for this project. 10. This Conditional Use Permit is limited to five years from the date of Site Plan approval. If an extension is requested, additional TIF fees will apply. 11. The applicant is required to submit a Site Plan application to address compliance with the above conditions prior to excavation. 12. In the event that the D Road right-of-way is not vacated, the applicant shall submit a new mining plan identifying the appropriate setback to the D Road right-of-way. Page 2 of 6