2012-05-14_PERMIT FILE - M2012024

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RECEPTION #: 657910, 04/16/2012 at 03:06:52 PM, 1 OF 7, R $41.00 ANN EDDINS, DELTA COUNTY, CO CLERK AND RECORDER DELTA COUNTY, COLORADO PLANNING AND COMMUNITY DEVELOPMENT COUNTY COURTHOUSE • 501 PALMER STREET • SUITE 227 • DELTA • COLORADO • 81416 -1764 www.deltacounty.corn Dlannina deltacountv.com PHONE: (970) 874 -2110 fax (970- 874 -2500 THIS AGREEMENT is issued pursuant to Delta County Regulation for Specific Development, effective July 1, 2009, adopted by Resolution 2009 -R -055, and as amended effective January 1, 2012, pursuant to Resolution 2011 -R -054. Applicant: Brian Mason, Manager for Garnet Mesa Investments, LLC Development: Warren Gravel Pit Application No.: SD 12 -001 Matters and Evidence Considered by the Board: This application for a Specific Development Agreement to operate a Gravel Pit located in Delta County in the NW %4 of Section 9, Township 15 South, Range 95 West, of the 6 Principal Meridian with a physical location north of the intersection of Homestead Road and 1800 Road, Delta, CO., was presented to the Board of County Commissioners on March 5, 2012, at which time the Board received comments from Delta County Staff, the applicant and an adjacent gravel pit operator. Legal Matters: The Board reviewed this application at a regular meeting on March 5, 2012, after due notice, at which time the Applicant testified concerning their position. The Board took the application and testimony under advisement due to information presented by an adjacent gravel pit operator at the meeting. The Board then rendered a decision at the regular meeting scheduled on March 19, 2012. Findings: The Board adopts the findings of the Planning Staff, as set forth on Exhibit A, attached hereto and by this reference made a part hereof. The Board further finds that the proposed development is not incompatible with the neighborhood, assuming that the recommendations of the Planning Staff and Planning Commission, adopted as conditions for approval of the application, are complied with by the Applicant. The Board further finds that although the proposed development results in significant potential impact to the neighborhood, including such negative impacts as dust, noise and traffic, etc., those impacts can be substantially mitigated by compliance with the conditions set forth below. Decision: For the foregoing reasons, the application SD 12 -001 shall be and hereby is conditionally approved, so long as the Applicant agrees to comply and actually complies with the conditions below. 1