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HomeMy WebLinkAbout2.0 Staff Report & AttachementPROJECT NAME O[^INER PLANNER LOCAT i ON SITE DATA t^lATER/SEI1lER PROPOSED ROADS ADJACENT ZONING RELATIONSHIP TO THE COMPREHENSIVE PLAN: Page 1 PROJECT INFORMATION. AND COMMENTS Flatiron Paving Company - Clark Pit T & T Associates Rindahl and Associates \ nile east of Parachute north of County Road 300 and west of the Colorado River. The proposai affects approximately 10 acres of meanderplain (island) in the Colorado River. Bottled drinking water and portable chemical toilets will be provided on site for employees. Access from the mine site to the job site will be by private haul road (private easement) across Battlement Company Ltd.property to the state highway right-of-way where processingwill take p1ace. Approx'imately 60 one-way vehicle tripsper day will be generated by this proposal. North: A/R/RD South: A/R/RDEast: PUD (Battlement Mesa)West: Town of Parachute The proposed site falls within the flood plain by the County Comprehensive Plan. The site is Urban Area of Influence and on the east by the PROJECT DESCRIPTION of the Colorado River as delineated bordered on the west by Parachute's Battlement Mesa PUD. The site will be mined for gravel under an MLRB 111 Special 0peration permit. Thematerial is contracted for the State Highway Department construction of I-70 in theParachute area. The mining wi'11 progreis fiom southwest to northeast on site,with all materials being transported to the specifjc job site for processing. Mining will proceed in one phase to last 30-120 days, dependjng on the consiructionprogress of the highway. Approximately 50,000 cu. yds. of materjal will be removed.A 100 foot setback will be maintained iround the property. Total acreage of thesetback areas is approximate'ly 5.5 acres. The mine site will include just tess than10 acres. The applicant has appfied for an NPDES permit to dewater the site while minjng. The Army Corps of Engineers will issue a perm'it for the necessary channel crossin6s. Reclamation will take place within 12 months of the completion of project activit'ies(see Division of Wildlife recommendations, below). MAJOR ISSUES AND CONCERNS 1. This proposal has requested a "fast-track" review because it represents acontract with the State Highway Department for constructjon of I-70 throughthe Parachute Area. The proposal also indicated a very short (30-120 wor[ingday) time frame. 2. The Town of Parachute has some concerns in regard to the project (see memo,attached ) . PREVIOUS HISTORY The applicant was told by the Board that this proposal, due to its importance'in theconstruction of I-70 through parachute, would be fast-tracked if_ no problems arose. However, the Town of Parachute and representatives of Battlement Mesa raised someconcerns at the public hearing before the Board on April 19, 1982. Therefore, the Board continued the publjc hearing unti'l May 17,1982 so that the Planning Comm'issioncould review the project. Page 2 At the May 12, lgB'Z Planning Commission meeting, the applicant requested.that the proposal -be tahrled unt'il fuither negot'iations could take place with adioining I a ndowners . REV IEI^IING AGENCY COMMEI'ITS: 1. Town of Parachute: As per their previous memo, the Town of Parachute is still request'ing denial of this proposal. No resolution of concerns in regard to the municipal waterintake system has been made. The town has indicated that no engi neeri ng i nf orma t'i on has been s ubmi tted to them. ( See prev'ious memo on page 3) Z. Bureau of Land Management: No obiectjons (see letter on page 4) 3. Djvision of |lJ'ildlife: see letter on page 5 and 6 and the B reconrnended con di ti ons . 4. Army Corps of Eng'ineers: 'in a phone conversation with Bill Herring' the Corps has indjcated tnit they will sign off on the permit for a channel crossing' with condjtions. The condiiions of [heir permit shall'include D0l'l condjtions (see above) and addit'ional comments aS per Army Corps requirements. OTHER COMMENTS: 1. Phil G'illiam: opposed to proposal (see memo on page 7) Z. Exxon: prev'iorriV had indicated optiosition to ti're-proposal (see memo on Page 8) STAFF RECOMMENDATION: Staff,s recommendat'ion for the previous meeting had been for approval wjth certain conditions. This reconrnendation was based on the understanding that the applicant wii wort<ing with adjoining owners to satisfy their concerns; and more specifically' *i11., tf'. T6wn of paiacrrut6 in regard to potlntial effects on the municipal water intake system. However, since the last meeting, it has been represented to staff by the Town of Para- chute that lit;e, if no, progiess has been made wjth the Town on the water sys tem 'impacts . For these rea$ons, staff is withholding their previous recommendation and suggests that this appf icaiion be cont'inued again unt'il some engineering data is presented to the Town, Exxon water engineers, ind the Planning Department for review of pot.ntiul rrizardous to privite and mun'icipal urater and wastelater fac'ilities in the area. GARFIELD trtrUNTY PLANNING DEPARTMENT GLENWOOO SPRINGS, COLtrRADO Bl 501 Page 3 PHtrNE 945-AZ1Z2O'I 4 BLAKE AVENUE MEMO T0: Garfield County Board of Commissioners FR0M: Temy L. Bowman DATE: April 19, L982 SUBJECT: Concerns of the Town of Parachute in regard to Flatiron Paving Special Use Permit Application via a phone conversation with Ralph Freedman, April 16, l9B2- Dewatering of the pit may djsturb the Town's water intake structure downstream. There remains a question in regard to clear ownership of the property involved (T & T Associates, Horowitz, Town, BLM, etc.) The town is concerned with the dust, noise, etc., wh'ich w'ill be generated by the proposal. The proposal has indicated a time limit of 30 - L20 days. However, several adjoining owners have been told that the proposed m'ining will continue over a two-year period. This length of t'ime is not acceptable from the Town's point of view. At the t'ime of permitting of the Koe-Flatiron application, the Town was told that that pit would supply sufficjent product for the I-70 construct'ion through town. The Town of Parachute questions whether the product from the present proposal will in fact be utilized for in-town construction or for other I-70 construction areas. 1. 2. 3. L 5. Page 4 ax IN R,EPLY REFER TO 1786 7 -762 MANAGEMENT Resource Area 1009 Col orado 81602 Apri"l 2, tgBZ United States Department of the Interior BUREAU OF LAND Gl enwood Springs P.0" Box Glenwood Springs, Ms. Terry Bowman Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, C0. 8160i Dear Ms" Bowman: This.is in_regard to the Flatiron paving Company / Clark pit special usepermit appl'ication. pn9.of our-primary concerns along the river is the protection of Bald Eaglehab'itat. As you are aware, many gravel quamies exist or w'ill soon be d6ve-loped because of oil shale mining"and related population .*punrion. Theaccumulation of gravel. quarries and other devejopments wilj'adversely affectBald Eagles and their habitat which is protected'by federal iaw. As you processthis application and others like it, you may want 1o consider some minimalmitigation which could include two he]pfu1 items. The first would be to notallow mining between December 1 and March 15 each year. The second would beto require Cottonwood plantings, particularly along the river, as part of therecl amation requi rements Ide have reviewed our records and federal lands or lands which aredetermine ownership. I can forsee no direct impacts to pub'lic lands and, thus have no objectionsto the proposal. i appreciate the opportunity to ieview irre-speclai use permitappl icaiion. the subject pit does not appear to involvecurrently being reviewed by this office to S i ncerely, 't\q.\t-'rx;-:\ Al fre\ll. Wrisht Area Manager Pase 5 €X 'b STATI C Ca-.' .:... Rlch.s'd D. L,;mm. G..'er-or DEPARTVENT OF NATURAL RESOURCES DIVISION OF WILDLIFE \rack R. 6rleb, Dlrector 6060 Broadway Denver, colorado eO216 (eZs-rrez) 526 Pirle Street Glernncod Springs, @ 81601 April 7, L982 lfr. bdney Vqcods AEIqr' CorP of Ergineers 2784 Cross:oads Bhni. eard Jr:nction, C0 81501 RE: Clark Pit River Gossing - Flatiron Pavi.:rg Co. Dear bdney: F1r36n discrrssion w'ith Platiron Paving Ccrrpany at tlre lGrch 29, L982 neeting at )Dur office, it is my r:nderstardjlg that Flatjron wiIL c::oss tLre overflcnu ctrannel usiJ:Ig tr,vo railroad flatcars to access thsj-r protrnsed gnavel operation. The follo,.rhg corrfitions have been discussed witJ: rlatiron Pavilg and should be rnade cond.itions of ttre general perrnit: - f, it, The crossing should be constn:cted dr.rring lcn^r florr,rls. E<isting 1)t- " material onstricting the clrannel should be pulIed bacJ< prior' to crcnstruction. H;,-,.jlm nu@ A 100 foot Unfl-iStuLbd setlcaci<. will separate ttre river and over- flovs ctrannel f:sn the pit. Cottonvood trees will be p::otected by ttre operation in cooperation with tte Division of Wildlife. DOW will nrark trees to be saved wittr a representative frcrn Flati-ron (no'te - ccnpleted 4-5-82). Q, (A,.., An island with trees shculd be left in tJ:e east lnrEion of tLre ,n'- pit. If this is not possiJcle a peninsula with trees should be&) ilit. ^rl\^t' ef rrregrular bttffrs and shorelines should be created during rniruing L-&' and reclarnation. CP.UC' . /^C. , An area 150 foot in lensth sto@ at 5:l- strould be left on the C\* fl{j south side of t}re pit. o: *'f (\2.) Cottonwcod trees should be planted folloring rnining. DEPARTMENT oF NATURAL RESoUBcES, Monle Pascoe, Executive Director. WILDLIFE COMMISSION, DONAId FETNANdEZ, ChAiTMAN James Smith. Vice Chairman o Rrchard Divelbiss, Secretary . Jean K. Tool, Member ' James C. Kennedy, Member Michael Higbee, Member . Sam Caudill, Member o Wilbur Bedden, Member gnEgo ftr. r.jut6r ' Page 2 April 7, l-9B2 Page 6 no objection Qz Hi, :H*:-:?^T%?Ty*?"r rsnrved and resresetated follorring cessation of rniling. If these cord,itions are included in ttre general pernLit the Division to this project. ,4v*"/r,*-/ ,Q Michael R. C,rode Wildlife Biologist MRG:ctt xc: J. Ieslie P. Will Tenqy Bosnan - C,arfiel-d 6unty Planning DetrlE*- File (2) Clark Pit - Elatir"on Paving *l *u"., I,ioods i.Question of ownership T&TAssociates, etc. DISCUSSION I^lITH PHIL GILLIAM ON APRIL 15, L9B2 of the'island. (John Horowitz, U.S. Gov ) 2. 0pposed to operation on the island; has been told they wjll mi two years. He is less opposed if 30.-120 days. Page 7 GARFIELD trtrUNTY PLANNINE DEPARTMENT GLENWtrtrD SPRTNEiS, trBLtrRADO Al6Ol 2OI4 BLAKE AVENUE u.E.Iq&aI_!_!-u. T0: Garfield County Board of Commissioners FROM: Temy L. Bowman DATE: April 19, 1982 SUBJECT: Concerns of Exxon, adjoining owner, 'in regard to Flatiron Paving Special Use Permit as discussed with Gary Johnson, Exxon Attorney, on April 16, 1982. Exxon didn't receive notice, so they would ask the Commission not to proceed due to a technical defect in the procedures. There is a question of ownership of the property involved. There is a question in regard to the adequacy of access propos for the project. Exxon has concerns in regard to their water intake structures downstream and the impact of the project on the facility. 1. 4. 2. 3. Page B oNE 943-4212 n GARFIELD COUNTY BOARD OF COMMISSIONERS April 19, 1982 Special Use Permit: T & T Associates/11:15 A.M. Public Hearing for a Fl atiron Pavi ng. Request for an oPen of Parachute, north Colorado River. 2:00 P.M . Referral to aPPl icat'ion PUD. Appl icant: / / .: pit sand and gravel mine % m'ile east of CountY Road :00 and west of the the Planning Conrmission: Special Use Perm'it ioi a sA- ui'it camper park in the Appletree Tal bo tt _4, -L' iJ PROJECT NAME OWN ER PLANNER LOCAT I ON S]TE DATA I^JAT ER/ S EWER PROPOSED ROADS ADJACENT ZONING PROJECT INFOR!,1ATIOI'I AND COMMENTS Flatjron Pavinq Comnany - Clark Pit T & T Associates Rindahl and Associates % mile east of Parachute and west of the Colorado north of Count-Y Road 300 R i ver. The proposal affects apnroximately 10 acres of meander plain (island) in the Colorado River. Bottled drjnkjnq water and portable chemjcal toilets will be provi'ded on s'ite for employees. Access from the m'ine site to the iob sjte r^rill ne by private haul road (private easement ) across Battlement bompany Ltd. pronerty to the state h'ighway right-of-way where processing will take place. Approximately 60 one-way veh'icle trips per day will be qenerated by this proposal. l,lorth: A/R/RD of the Colorado River as delineated bordered on the west b.y Parachute's Battlement Mesa PUD. South: East: Wes t: RFLATIONSHIP TO THE CO''lPREHENSIVE A/R/RD PUD (Battlement Mesa) Town of Parachute PLAN: The proposed s'ite falls within the flood p1a'in by the County Cornprehensive Plan. The sjte js Urban Area of Influence and on the east by the PRUJECT DESCRIPTION The s.ite will be mtned for gravel under an MLRB 111 Special 0perat'ion permit. The materral .is contracted for lhe state Highway Denartment construction of I-70 in the parachute area. The min'ing will progreis from Southwest to northeast on s'ite, with all materials being tiansporteO-to the specjfic iob site for processing. yining will proceed in 6ne phaie to last 30-i20 days, depending on the construct'ion prog.6r. of tne highway. Approximately 50,000 cu. yds. of material will be removed- A iOO foot setback"w'ili be maintained lround the pronerty. Total acreage of the setback areas is approximately 5.5 acres. The mine site rvill include iust less than 10 acres. The applicant has applied for an NPDES permit to dewater the site while mining. The nrmy bbrps of Eng'ineers wil I issue a perm'it for the necessary channel cross'inqs. Reclamation u,jll take place wjthin 12 months of the completjon of nroiect actjvitjes (see D'ivision of l,lildlrfe recommendat jons ' below). MAJOR ISSUEs AND CONCERNS 1. Th'is proposa'l has requested a "fast-track" review because it reoresents a contract with the State Highway Departnrent for construction of I-70 through the Parachute Area. The proposal also indicated a very short (30-120 workjng day) time frame. ?. The Town of Parachute has some concerns in regard to the proiect, which wjll be'identifjed in their forthcoming letter. The Board shall have a listing of their concerns by time of the public hearing. SUMMARY There are no w'ildlife concerns for this proposal. The appficant shall abide by all :local, state and federal requirements for noise, water and air pollutants.- The proposal doesn't require access vja a county road. Processing w'i11 take.place off-iite. All federal and state agencies jnvolved have agreed to issue permits (with conditions). There is another operating p'it in the immed'iate vicinity. All land use concerns appear to be addressed, although the Town of Parachute mav mention issues of whjch the staff is not presently aware- Reviewing Agency Comments : Town of Parachute-letter forthcoming 3ei me.rY\o Bureau of Land Management-no objections (see attached letter) Division of Wfldlife -see attached letter and B recommended conditions Army Corps of Engineers-in phone conversat'ion wjth B'ill Herring on April 5, 1982, Army Corps of Engineers has'indicated that they will issue a permit for a channel crossing, with conditjons. The conditjons of their permit w'ill include Div'ision of hl'ildlife recommendations and addit'ional conditions, as per Army Corps requirements. Phil Gilliam-phone call opposinq proposal on Aprjl 15, 79BZ (see attached memo) 6xxon - phcrnc. c-at\ e Cr*i \oY.r.sor.., Ld.t r - See trrt€al.o FI NDINGS I 'is appl icatjon i s complete. The appf icant has g'iven notice to adiojning public, as per the County Zoning Requlations. The proposal the County Comprehens'ive Pl an. andowners and the i s compatj bl e wi th RECOMMENDATION Staff's reconmendation is for approval wirth the foliowing conditions: 1. All proposals of the applicant shall be considered conditjons of approval unless stated otherwise by the Board; The special use permit approval is Iim'ited so1e1y for the benefit of the State H'ighway Department contract No. l-70-1 (56) 75 for I-70 constructjon, spec'ified in the application as 30-120 working days. At the completion of this specified contract work, the special use permit shall expjre; Mining operations shall be lim'ited from 7:00 A.M. to 6 P.M., 6 days per week, excl udi ng Sundays; The applicant shall reclaim the site to Division of l^lildlife standards (items 1-B on DOI^I letter); The applicant shall provide the Planning Department with a copy of their approved Mined Land Reclamation Board (MLRB) perm'it for extractive operations prior to 'issuance of the Speci a1 Use Permit; 6. The applicant shall provide the Planning Department w'ith a copy of their Army Corps of Eng'ineers permit prior to issuance of the Special Use Permit; The Board may also wish to consider add'itional condit'ions as per the request of the Town of Parachute. 2. 3. 4. q ADDENDUM TO STAFF REVIEl^J FOR GARFIELD COUNTY BOARD OF COMIIISSiONERS-APRIL 19, I98Z The cornments for the T & T Associates/Flatiron Pavjng Special Use Permit were written early so as to include in the Board's agenda-oacket, .Since that time, staff has releived several phone calls and comments from adioinino owners opposing the proposal. Also, staff indicated in the "findings"section that this apolicant had provided proper notification to al I adioining owners.. i istea for al 1 special use permit appl icants). (rnis is a routine finding that is Again, due to the tjme lag between developing the staff review and the time of the attent'ion that,'indeed, proper notjfication has Therefore, staff wishes to withhold fjnal recommendatjon untjl any problems may be addressed, and until all jnterested part'ies have an opportunity to comment' hearing, it has come to our not been accompf ished.