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HomeMy WebLinkAbout1.0 Application.1 0. 1 • APPLICATION SPECIAL/CONDITIONAL USE PERMIT Date: December 15, 1994 Applicant: Western Slope Aggregates, Inc. Address of Applicant: Post Office Box 910, Carbondale, Colorado 81623 Special/Conditional Use: Permanent Highway 82 Access Legal Description: Parcel of land located in portions of Section 25 and 26,T7S, R88W of the 6th P.M. (See attached for legal description.) Practical Description (location with respect to highways, county roads, and residences): Parcel located just north of State Highway 82, across from the Ranch of Roaring Fork. (Blue Gravel Pit.) Requirements: 1. Plans and specifications for proposed use (hours of operation, number of vehicles/day, location and size of structures, etc.). 2. Existing or proposed method of sewage, source of disposal and water. Road access and other information deemed necessary to explain proposed use. 3. A vicinity map drawn to scale depicting the subject property, location, and use of building and structures on adjacent lots. 4. An impact statement on the proposed use where required by Sections 5.03-5.03.12 of Zoning Regulations. 5. A copy of Assessor's map showing property; and a listing of all adjoining property owners of said properly. 6. A base fee of $ 525.00 shall be charged for each application and shall be submitted with the application, additional charges may be imposed if county review costs exceed the base fee. 7. Attach a copy of proof of ownership for your property (deed, title insurance). If public notice is required, notice provided by the Planning Department shall be sent out at least fifteen (15) days prior to hearing by return -receipt mail to all the above noted adjoining property owners. Mailing is the applicant's responsibility and proof of mailing must be presented at the hearing. Additionally, the same notice shall be published one (1) time in the official County newspaper at least fifteen (15) days prior to such hearing date. Applicant shall bear the cost of publication and be responsible for presenting the "Proof of Publication" at the hearing. The above information is correct to the best of my knowledge. WESTERN SLOPE AGGREGATES, IN . Applicant William M. Roberts, President December 15, 1994 Date Western Slope Aggregate December 22, 1994 TO: Officials and Public of Garfield County FROM: Western Slope Aggregates, Inc. RE: Special Use Permit for Permanent Highway 82 Access The purpose of this application is to modify the access route to Western Slope Aggregates, also know as the Blue Pit. Currently the access is from County, Roads 103 and 104. We would like to adddirect access to ,Highway 82 via the existing ranch road. Western Slope Aggregates, Ind: William M."Roberts ,President 5-- P.O. Box 910 • Carbondale, Colorado 81623 (303) 963-9424 Western Slope Aggregate 1 SPECIAL I ISE, PERMIT FOR PERMANENT ACCESS - IMPACT REPORT This impact report is offered as a supplement to the previously submitted special use permit application. The report responds to the subject and issues identified in Section 5.03.07 - Impact Report and Section 5.03.08 - Industrial Performance Standards. INTRODUCTION The site which is the subject of this report is presently occupied by a gravel mining and crushing operation which was perniitted in 1981 (Garfield County Resolution No. 81-384). This special use permit application requests a change in the access route to the mining site. The operational plan has been brought up to date, but the remaining aspects of the proposed operation will remain consistent with the presently in force use permit. A more detailed explanation of the proposed revisions and additions is included in the text accompanying the permit application and will not be repeated here. This report intends to describe any possible impacts of the operation and, ‘vhere appropriate, to discuss mitigation measurers. GOVERNING LAWS AND REGULATIONS The operations at the site falls under the jurisdiction of the Colorado Mined Land Reclamation Board (IvILRB) and the Colorado Department of Health. The existing MLRB operations permit for the site has been transferred into the name of Western Slope Aggregates. The pit is presently in operation under the provisions of Permit NO. M-81- 207, Revision No. SO -02. The Air Pollution Control Division of the Colorado Department of Health has issued an Emission Permit for the site, Permit No 83GA233F. SURFACE/SUB-SURFACE WATER There are no active natural streams heading on or running across the project area. The Basin Ditch and a feeder ditch cross the project and irrigates lands within the project boundary. The mining and reclamation plans incorpoi.,_. :;,visions for maintaining uninterrupted flows in these ditches. The hydrologic characteristics of the reclaimed area following mining will be very similar to those existing today in that surface drainage is now and will remain tributary to the Roaring Fork River either by surface flow or entry into the water table. S' - P.O. Box 910 • Carbondale, Colorado 81623 • (303) 963-9424 • • Plant operational water will come from the landowners water rights in the Basin Ditch. Water rights for the pit operation provided for through District Court, Water Division No. 5, Case No. 87 -CW -364. Operational water requirements will be minimized by maximum recirculation of wash water. Any surface drainage potentially contaminated in the operation area will be collected, settled, and skimmed for floating contamination prior to its release from the project area. The topographic character of the pile site directs all surface drainage for potentially disturbed areas back into the pit. EMISSIONS The proposed operations are potential sources of dust, noise and vibration. The previously discussed Emission Permit requires certain procedures and equipment to restrict the release of fugitive dust or other air pollution from the mining operation. The most intense source of dust is from vehicular traffic at the pit site and on the existing access road. The frequent application of water will control dust at the pit site. The new access road would be asphalt paved. The pit site is surrounded by considerable acreage owned by the Applicant, except east of the site where the Carbondale Landfill was located. This provides a significant buffer area over which any arrant dust may dissipate. This buffer is also significant in reducing any impacts that noise or vibration might have on adjacent properties. The apparent closest residents are located at the Ranch at Roaring Fork. The vibrations generated by the rock crusher or dozer activities are not detectable at the site boundaries. WILDLIFE The majority of the mine site has historically been in agricultural production. This proposal does not alter the area of disturbance created by the mining operation as defined by the existing special use permit. Reclamation of the site will result in slopes that will develop a climax vegetation dominated by sage and will provide quality forage for deer. The small area at the bottom of the mine site is anticipated to be returned to agricultural uses. The proposed new access will not significantly disturb the slope facing the highway beyond the scar created by the existing ranch access road. All disturbed areas remaining after construction of the proposed access will be topsoiled and re -vegetated. The upper portion of the road is incorporated into the disturbed area generated by the highway construction. • • On August 5, 1991, Mr. Rick Adams, Officer with the Division of Wildlife, was met at the site and provided with a description of the proposed modifications of the special use permit. It is anticipated that Mr. Adams will address a letter to the county with his comments regarding the application. TRAFFIC IMPACTS Presently, access to the pit site for all traffic is provided via County Roads 103 and 104. The proposed access will remove almost all pit traffic from these county roads and provide a much more direct and safer route to Highway 82 for this project. Elapsed time for truck trips will be reduced by approximately ten minutes by the proposed road with reduction in fuel consumption and exhaust emissions. The long term detrimental impacts of the truck traffic on the structural and surface conditions of the county road will also be eliminated. The 103/104 Road access would be used for deliveries to destinations north of the pit. This route would be used to keep the trucks from going down to Highway 82 from the pit then back up 103 Road past the pit. The removal of almost all truck traffic from County Roads 103 and 104 will make these roads safer for the increasing residential, agricultural, and school bus traffic. DOMESTIC WATER AND WASTEWATER The primary factor influencing water and wastewater services on the site are the number of employees located on site. The operators project a range of five (5) to ten (10) employees to be located at the pit site. The existing well and bottled drinking water will provide domestic water while wastewater will he processed by a standard individual septic disposal system. Restroom facilities will be located in the pit maintenance building, and chemical toilets will be used for pit operators and truck drivers. Wes to rn Slope Aggregate TO: Officials and Public of Garfield County FROM: Western Slope Aggregates, Inc. RE: Permanent Highway 82 Access Road •. This special use permit application represents a request for the addition of the permanent use of an existing ranch road to the existing permit issued in the name of Jean and Dee Blue and Zemlock and Sons, Inc. (Garfield County Resolution No 81-384). The general character and nature of the gravel miring operation shall remain the same as in the existing permit. Present access to the permit is via County Road 103 and 104. The new access road would utilize the existing road from the gravel pit to Highway 82. Under the present permit work hours are 7:OOam through 5:OOpm daily. Existing structures onsite presently include a scale house (200sf), maintenance shop (3600sf), and the crushing equipment. The existing methods of sewage disposal are portable chemical toilets for the gravel pit operation and (.ruck drivers and a leach field for shop personnel. Water for pit activities, including washing of material and equipment and dust suppression, is obtained from the landowners water rights in the Basin Ditch in the summer. Water rights for the pit operation are provided for through District Court, Water Division No. 5, Case No. 87 - CW -364. Water will be trucked in for winter use as needed. We currently hold an active State Highway Access Permit #393015 with the Colorado Department of Transportation to access Highway 82 from the proposed access road (see attached). The proposed permanent permit provisions offer the following benefits to the county, general public, and the applicant: I. P.O. Box 910 • Carbondale, Colorado 81623 • (303) 963-9424 • • PERMANENT ACCESS ROAD 1. Almost all truck traffic will be removed from County Roads 103 and 104. This will remove the conflicts of truck traffic with the growing residential traffic on County Road 103, increasing public safety. Conflict between school bus traffic and the existing bus stop at the 103/104 intersection would also be removed. Maintenance requirements on 103 Roads will also be reduced. The 103/104 Road access would still be used for delivers north of the pit. This route would be used to keep trucks from going down to Highway 82 from the pit then back up 103 Road past the pit. 2. The new route will reduce the trip time by ten minutes over the present access. This will save fuel and improve truck efficiency. This is of course beneficial to the applicant, but it is, in the long run, also beneficial to the public. 3. Acceleration/deceleration lane conflicts on Highway 82 at 103 Road will be eliminated. Currently the west bound accel lane is Roaring Fork Redi-Mix's decel lane. 4. The access road is currently in place. It was constructed within the Highway 82 Four Lane Project. The existing road would be widened, paved, and disturbed areas re -vegetated. IMPACTS OF THE PROPOSED REVISIONS 1. Truck traffic will he accelerating and decelerating in the vicinity of the Ranch at Roaring Fork, introducing some additional noise in the area. The impact of this noise is minimal when considered in context with the existing noise levels of Iiighway 82 traffic volumes. MINING OPERATIONAL CRITERIA 1. All mining operations will be contained within the boundaries of the site as defined by the "Meets and Bounds" description attached with this application. 2. The hours of extractive operations shall be limited to 7:OOam through 5:OOpm daily. 3. Dust conditions on the permanent access drive will be minimal due to the fact that the road way will be asphalt paved. 4: Water shall be used as a dust suppressant in the pit area and applied in a frequency and manner sufficient to mitigate any adverse impact from dust. /6 • • LEGAL DESCRIPTION The following described lands in Section 25 and 36T7S, R88W of the 6th P.M. Those portions of lots 8,9,10,15, and 16 Section 25 lying in the S 1/2 of S1/2 of Section 25 and lots 2 and 3 in Section :-4; excepting any part of the above named lots in Section 25 and 36 lying southerly of the tnoa herly ROW of State Highway 82 and excepting any part of the above named lots in Section 25 lying within the parcel of land described in the Quit Claim Deed document number 288920, book 516, page 393. Also excepting the portion of lot 16 in Section 25 lying southerly of the centerline of the Basin Ditch. 0 • L 1-1 0 ♦ • r cIt. I OJ H 0 /2- 1To Missunii 1Icil;Iil3 • o t ton PrI WU 1 1 • ►1 1 �1 i /3 Western Slope Aggregate David Zimmerman Post Office Box 115 EWards, Colorado 81632 Lanbondale Lnadfill 4646 County Road 100 Carbondale, Colorado 81623 Harold Blue 4003 County Road 100 Carbondale, CO 81623 Ranch at Roaring Fork Homeowners Association 14914 Highway 82 Carbondale, CO 81623 Clifford Cerise 0086 County Road 104 Carbondale, CO 81623 Charles Harris 0323 County Road 104 Carbondale, CO 81623 Mike Hammes 1990 Bookside Common Annapolis, Maryland 21401 Jean and Dee Blue 0406 County Road 104 Carbondale, CO 81623 ADJOINING LAND OWNERS Carbondale Land Development Corporation Post Office Box 9705 Aspen, Colorado 81612 Greg Peter 1441 Quince Avenue Boulder, Co 80302 Rob Hunter 5347 County Road 100 Carbondale, CO 81623 Ed Collum Post Office Box 703 Basalt, CO 81621 Sheldon Gross Post Office Box 1037 Carbondale, CO 81623 Glen Harris 0323 County Road 104 Carbondale, CO 81623 Chris Sommer Post Office Box 4953 ASpen, CO 81612 Robert and Mary Lanigan 13145 Vallwood Naples, Florida 33940 P.O. Box 910 • Carbondale, Colorado 81623 • (303) 963-9424 -1,t f =1- T 21 2393-26 26 - 6+ _ --2393-361-00-005-^‘ • e...rAV .. No/MP/Side: 82/14. 70/L 'tCOLRADO DEPARTMEIII OF TRANSPORTATION mirocal Jurisdiction: Garfield County STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 3216 DOT Permit No.: 393015 Permit Fee: $300.00 Date of Transmittal: 2-18-93 THE PERMITTEE; Jean M. Blue and Dee Blue 0406 County Road 102 Carbondale, CO 81623 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway,Access Code and listed attachments. Th(s permit may be revoked by the issuing , authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the fvIANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: On the north side of State Highway 82, a distance of 3696 feet east from Mile Post 14; 0406 County Road 104, Carbondale. ACCESS TO PROVIDE SERVICE TO: Western Slope Aggregates, Inc. (110 acres) and 35 acres agricultural. OTHER TERMS AND CONDITIONS: See Attached Sheets (2). MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Not Required Date Title By (X) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to Don Obert being used. The permittee shall notify in at 963-9341 , with the Colorado Department of Transportation at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have f 1 authority to accept the permit and all it's terms and conditions. T�-z---- Date 7// Permittee (X) 1 1 , .L-c.�. ., This permit is not valid until signed by a duly authorized representative of the Department. DEPARTMENT OF TRA PORTA ION , STATE OF COLORADO L Date 4-21-93 Title Administrator, By (X) (Date of issue) Access Committee o.e.,..-...c Frialnnc are nhsolete and will not be used COPY DISTRIBUTION: Required; Make copies as cessar 1 nislric,l (Orig iel) Local Mtthnnlr It r: 1110 2 Al,I licanl MICE Patrol a figineet CDOT Form #10 7/91 The following paragraph are pertinent highlights of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with alikections of the Access Code. A copy of the Highway Access Code is iivailable from your local Issuing authority (lo overnment) or the Colorado Department o nsportation (Department). Whtilis permit was Issued, the Issuing authority made its decision based in part on information submitted by the applicant, on rre - access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes In use or design not approved by the permit or the Issuing authority may cause the revocation or suspension of the permit. I Appeals 1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be brought to the Commission within 60 days of transmittal of the permit. 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the -appropriate local authority (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk and Recorder. II Construction standards and requirements X 1. The access must be under construction within one year of the permit date. However, under certain conditions a one year time extension may be granted if requested in writing prior to permit expiration. 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction. ^ opy of the permit shall be available for review at the construction site. Inspections will be made during construc!on. 3. The access construction within highway right-of-way must be completed within 45 days. 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included on the permit. The Department or issuing authority may order a halt to any unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 5. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 6. A copy of the permit shall be available for review at the construction site. If necessary; minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway, and shall not interfere with the drainage system in the right-of-way. 8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other puhlic right-of-way beyond that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and flaggers. This is also required by section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. III Changes In use and violations 1. If there are changes in the use of the access, the access permit -issuing authority must be notified of the change. A change in property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are; an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn. The issuing authority will review the original permit; it may decide it is adequate or request that you apply for a new permit. 2. All terms and conditions of the permit are binding upon all assigns, successors -in -interest and heirs. 3. When a permitted driveway is constructed or used in violation of the Access Code, the local government or Department may obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV Further Information 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a completed permit application form with the issuing authority. The issuing authority may take action only on the request for improvement. Denial does not revoke the existing access. 2. The permittee, his heirs, successors -in -interest, and assigns, of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. The Department shall maintain in unincorporated areas the highway drainage system, including those culvertrt under the access which are part of that system within the right-of-way. 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has returned the permit signed and paid any required fees. 4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or redesign the highway including any auxiliary lane. 5. Any driveway, whether constructed before, on, or after June 30, 1979, may bP required by the Department, with written concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway operation; or at the expense of the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessi for the relocation or reconstruction shall be determined by reference to the standards set forth in the Access Code. • PERMIT NO. 493015 1 Local ordinance requires•a construction permit from Garfield County. 1 Driveway shall be constructed 30 feet wide with 50 foot radii. Surfacing for driveway approach is required as follows: 12" of class 1 gravel in 2, 6" lifts; 6" of class 6 gravel in 1, 6" lifts. 2 Also 4" of eBP in 2, 2" lifts of grade E, EX, or equivalent. The asphalt cement in the HBP shall be AC 10. 3 Fill/cut slopes shall be at a 6:1 slope on the roadway and at 6:1 on the access approach. 4 It is the respor:sibility of the property owner to prevent all livestock from entering the State Highway right-of-way. Any livestock that does enter the Highway right-of-way is the responsibility c;f the property owner. 5 A new 18" CMP culvert shall be used. All culverts (side drains) installed in open ditches shall have flared end sections. 6 Highway widening for the right turd deceleration lane shall be 12 feet wide and 485 feet long, including a 270 foot taper. 7 Highway widening for the right,,tu"rn acceleration lane shall be 12 feet wide and 960 feet long, including a 270 foot taper. 8 Lanes shall be constructed as per Colorado Department of Transportation specifications, with the following material placed for final grade: 12" ABC, Class 1; 6" ABC, Class 6; and 4" of HBP, Grading E or EX place in the following lifts: 2 6" lifts class 1; 1 6" lift class 6; 2 2" lifts HBP. Shoulders along the speed change lanes shall be 4 feet wide and paved. The new pavement shall slope on the same plane as the present pavement surface. The entire roadway shall be overlaid with 1..5" of HBP. A REGISTERED PROFESSIONAL ENGINEER must provide construction, striping and signing plans to the Colorado Department of Transportation for approval 45 days prior to construction. Design plans must included but not limited to, layout of speed change lanes, utility locations, drainage present and proposed, right of way lines, traffic control devices, cross sections on 50 foot intervals and clear zone analysis. The placement of striping on the new pavement must be verified and accepted by the Colorado Department of Transportation 24 hours prior to actual striping. A traffic control plan must be prepared by an American Traffic Safety Services Association (ATSSA) certified individual or Professional Traffic Engineer, consistent with the M.U.T.C.D. and approved by the Department and local issuing authority 7 days prior to any construction within the right of way. A REGISTERED PROFESSIONAL ENGINEER must provide certification that all work was done meeting specifications. CERTIFICATION will be sent to the Colorado Department of Transportation. NOTE: Pavement design for construction may be modified upon submission of an approved design by a professional engineer. Such design shall have a Structural Number no less than 3.36. Written approval of the modified design is required before construction. 9 No drainage from this site shall enter onto the surface of the highway. All existing drainage structures shall be extended to accommodate all new construction and safety standards. 10 Contractor shall follow the applicable construction specifications set for by the Department of Transportation in the latest manual Standard Specifications for Road and Bridge Construction. The property owner is responsible for any utilities disrupted by the construction of this driveway and all expenses incurred for repair.' Any damage to any existing highway facilities shall be repaired prior to continuing other work. Compaction of sub -grade, embankments and backfill shall comply with Section 203 of the Department of Transportation Standard Specifications. The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope dow aid away from the highway at a 2% oto PERMIT NO. 393015 CONTINUED grade to ensure proper drainage control. P;11 excavations on utility lines, culverts, other trenches or tunnels shall meet the requirements of Colorado Department of Transportation, OSHA, Colorado Industrial "'omission and the Colorado Division of Mines, whichever applies. The area around the new work shall be well graded t.o drain, top soiled, fertilized, mulched and reseedd. 11 Compaction of Hot Bituminous Pavement (F,°gp) shall comply with Section 401.17 of the Department c,f Transportation Standard Specifications. If frost is 'resent in the sub -grade, no surfacing material shall be placed until all frost is gone or removed. Saw of. score asphalt to assure a straight edge for patching. 12 Work shall BEGIN AFTER 8:30 A.M. and all equipment shall be off the roadway BEFORE 3:30 P.M. each day. 11 STATE OF COLORADO County of airfield At.a K..g4l1AT ►nreting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springsn.(1. on MQay , lhe..2.l.S t day of Iit,r;.U111I)t'V A. D. 19;11 , there were present: • 1 as. ,Larry Vel.ascj.4t4:.7 Flaver4 J. Cerise Eugene Dr:i.nkhouse Earl G. Rhodes Leanne Cleland, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-384 A RESOLUTION CONCERNED WITII THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY JEAN AND DEE BLUE AND ZEMLOCK AND SONS, INC. WHEREAS, the Board of County Commissioners of Garfield County has received an application from Jean and Dee Blue and Zemlock and Sons, Inc., for a special use permit for extraction of natural resources; specifically, an open pit sand and gravel mine, on thc.following described tract of land: The following described lands in Sections 25 and 36 T•7S, R88W of the 6th P.M. Those portions of lots 8, 9, 10, 15, and 16 Section 25 lying in the Si of SI of Section 25 and lots 2 and 3 in Section 36 excepting any part of the above named lots in Sections 25 and 36 lying southerly of the northerly ROW of State Highway 82 and excepting any part of the above named lots in Section 25 lying within the parcel of land described in the Quit Claim Deed document number 288920, Book 516, Page 393. Also, excepting that portion of lot 16• in Section 25 lying southerly of the centerline of the Basin Ditch. WHEREAS, pursuant to required public notice, the Board conducted a public hearing on the 30th day of November, 1981, upon the question of whether the above described special use permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said special use permit; and WHEREAS, the Board on the basis of the evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. The proposed use is compatible with the uses existing and permitted in the district in which it is to be located, provided that.certain hereinafter contained conditions be complied with. 2. That neither the impact on traffic volume and safety or on utilities, or any other impact of the special use will be injurious to the established neighborhood or zone district in which the special use is to be located, provided that certain hereinafter contained conditions be complied with. NOW, THEREFORE, BE IT RESOLVED by the Commissioners of Garfield County, that a special use permit be and hereby is authorized permitting the use of the above described tract of land for extraction of natural resources; specifically, an open pit sand and gravel mine, upon the following specific conditions: 1. That the use of the tract of land comply with all present and future regulations of Garfield County relating to extraction of natural resources in the zone district in which the property is now or may later be located; 2. That; prior to the issuance of the authorized special use permit, the above described tract of land shall be severed from any other tract of land upon which there may exist a principal use, unless such other such principal use has been terminated at the time of the issuance of the special use permit; 3. That mining area 115, as designated in the application, shall be entirely eliminated from the approved project area, and no mining activity shall occur south of a survey line, which line is described in Exhibit "A", which is attached hereto and incorporated herein by reference. , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board IS • V1 •u e 'i�-/V8/ 4. That water shall be used as a dust suppressant in the pit area, and applied in a frequency and manner sufficient to mitigate any adverse impact from dust; 5. That the hours of extractive operations be limited from 7:00 a.m. to 5:00 p.m. daily; 6. That access to the proposed project area from Highway 82 shall be by the Crystal Springs Road (County Road 103); 7. That the applicant shall make improvements to the Crystal Springs Road (County Road 103) from its intersection with Colorado highway 82 to its intersection with Road 104, which improvements shall be paid for by the applicant and shall be to the satisfaction of the Board of County Commis- sioners upon the recommendation of the County Road Supervisor; 8. That the applicant shall make improvements to the intersection of Road 104 and County Road 103 to the satisfaction of the Board of County Commissioners upon the recommendation of the County Road Supervisor; 9. That the access route for the project shall access directly onto Road 104 instead of through the adjoining sawinij. p roperty; and that the access route shall be kept a minimum of 'GGf feet away from the adjoining property owners fence line; 10. That the applicant shall make improvements to Road 104 extending to the pitsite to bring it in compliance with County Road Specifications; specifically, that a 24 foot driving surface be created, that a chip • and seal mat surface be put in place and be adequately maintained by the applicant for the life of the project; as determined by the Board of County Commissioners, upon the recoininendation of the County Road Supervisor. ATTEST: De�iuty Clerk e2( (4 ; Lt . (--- f the Board BOARD OF COUNTY COMMISSIONERS GARF I ELD COUNTY, COLORADO 0 -t. Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye Eucjene Drinkhouse Aye Commissioners STATE OF COLORADO County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners In and for the County and State aforesaid do hereby certify that the annexed and foregoing Order Is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, nuw In my (Alice. 1114 WITNESS WIIEREOF, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners. • /9 4- 02-07 99 09:10 MOUNTAIN TOP REALTY T:303 963 3370 P:01 r • To: Garfield county Planning & Zoning Board FROM: Homeowner's of The Ranch at Roaring Fork SUBJECT: The Western Slope Aggregates request for a Special use Permit to allow permanent access to the gravel pit from Highway 82. When the original special use permit was issued to Western Slope Aggregate's predecessor for the establishment of the gravel pit operation, there were a number of concessions agreed to by the then Garfield County Commissioners to answer concerns of the homeowner's of the Ranch at Roaring Fork subdivision. By far the most valuable was that the roadway from the top of the existing bank to the fields along Highway 82 was to be used solely by Mr. Gene Blue and/or his ranch staff for agricultural purposes. In other words, allow a rancher easy access to his fields for maintenance and upkeep. Certainly, a limited amount of traffic is reasonable for all parties involved. During the summer of 1994, a special temporary permit was issued to Western Slope Aggregate for hauling operations specifically for the new four lane project being Completed by the State of Colorado. The Ranch at Roaring Fork Homeowners although not delighted with the idea were willing not to oppose the temporary permit in an effort to be a "Good Neighbor" for the Western Slope Aggregate operation. It was an educational experience: First, the loud clattering and banging created by empty trucks ascending the grade before 7:00 in the morning was more than should be expected for a preexisting residential community to put up with. Second, access to turn West onto Highway 82 is made even more dangerous. No longer are there just cars traveling in excess of 60 miles per hour going both ways, the truck traffic entering the highway with no acceleration lanes at greatly reduced rates of speed will be a very dangerous situation. Remember, there will no longer be flag persons to stop traffic while trucks enter and leave the main highway. Third, the number of cars from the Blue properties increased with the better road. No longer was it just an occasional ranch truck but passenger cars are using it as the main entrance and exit from the Ranch. This was not in compliance with the original permitted uses of the road. 02-07 99 09:11 MOUNTAIN TOP REALTY • -2- T:303 923 3370 P:02 Fourth, the number of truckloads to be hauled by Western Slope Aggregates would be ar least 10,000 per year (this estimate was given by Bill Roberts at the Casey Concrete batch plant hearing before the County Commissioners in 1994). This is a large increase over the number of loads hauled during the temporary use permit period. The additional noise, pollution, traffic congestion and incompatible with the current pastoral setting will further reduce the home values directly adjacent to this area. As county taxpayers, we realize that having a private company use and maintain it's own roads would reduce the cost of taxpayers for road maintenance on county roads 1103 & #104. However, this was also addressed by the former commissioners as they required the operator of the gravel pit to maintain those roads to county standards or to reimburse the county for any costs of repairs. Thus, the gravel pit operation even though they use county roads should not be costing Garfield County any money. We ask that the Garfield County Planning & zoning Board DENY any request by Western slope Aggregate to join Highway 82 across from the existing entrance to the ranch at Roaring Fork. As homeowners. we present this. request not to stop progress or to be vindictive to Western Slope Aggregate ( who have been good neighbors) by to protect the investments which wa have made in our homes and life styles. The Four laning of Highway 82 has already impacted our lives and property Values please protect them from further erosion. 02-07 99 09:12 MOUNTAIN TOP REALTY T:303 963 3370 P:03 • • I hereby declare that I have read the attached communication in opposition to the issuance of a Special Use permit to Western Slope Aggregates for the permanent access road existing on the Hill across from the entrance to the Ranch at Roaring Fork. I request the Board of County Commissioners of Garfield County to pux this request and act in accordance with the attached communication. 1) 2)p 3)L 4) a 5) DATE SIGNATURE ADDRESS 6) .2-'y- y -. 7) Z 4 8) 9) ,,- / AS 10)VIIr7 12) 4/17// 14) rJ .. 15)7.;(`'`/ (e/'_.::s 16) g2/1//% 5` 18)" 1411 (gt CI ):� 20) •� 4.' , 4119 ,. 1, L c:_ J r r c 00/ i CLQ ' 3 ' S 74G t_:i 00 't( c 41 L. r ,O . ("14 C5C1-?,4CW.eZ, feJZ oft e e kW-1- 02-07 SS ©S:12 MOUNTAIN TOP REALTY T:303 963 3370 P:04 i • I hereby declare that I have read the attached communication in opposition to the issuance of a Special Use permit to Western. Slope Aggregates for the permanent access road existing on the Hill across from the entrance to the Ranch at Roaring Fork. I request the Board of County Commissioners of Garfield County to PAY this request and act in accordance with the attached communication. DATE SIGNATURE ADDRESS `' 2) �- �� - '� �Cv . 1.44. t T' 3)-' f 4) r;4.- / -'i' 5) aL.- 6).24- 9s ,A14 -614,---/t ! r 7),.r r 14) 15) 16) 20) •r 7.3) O y73 i % etc'"`-, Ge-, c t>t. 4, ,Z€ 1 I hereby declare that I have read the attached communication in opposition to the issuance of a Special Use permit to Western Slope Aggregates for the permanent access road existing on the Hill across from the entrance to the Ranch at Roaring Fork. I request the Board of County Commissioners of Garfield County to DENY this request and act in accordance with the attached communication. NA ADDRESS x//77>4c6 44 _ (m /%/ e/( 2.) /6%i3/ 3z -C, -0,..a -le• .c9'ze. 03 92i<-vach „ey, , -/ ' /- s ri.We -)AC///44 A) k L- --- , b «r€ 7 0ti-7o 6 \i\krr Q cros sif C,^ C' h lfL i,2 c Dt9e (m 14) a �� . i74,/ e ypisaw 0 t, c' 4., c,„,u,..„4.42._ 47.2, ,,I,,_,„ _ ,E)a, clii‘ 20) rte