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HomeMy WebLinkAbout1.0 Applicationr=, Crand Junction Pipe & Supply 2tt6E l-70 llusiness l,oop . l1O. llox ltl49 Granrl Junction, Colorado 8I5{12 970-2{3--1604 . Fax 97tt-211-6622 LOCATION EXISTING LAND USE SURROUNDING LAND USE MINING ACTIVITIES CRUSHING & STOCKPILE ACTIVITIES 2 HAUL ROAD 2 PETROLEUM STORAGE 2 WATER INFORMATION 3 LIFE OF MINING AREA 3 RECLAMATION 3 WEED CONTROL 3 SITE PLAN MAP, Sheet 1 SITE DETAIL, Sheet 2 GENERAL HAUL ROUTE ALTERNATIVES MAP In an urbanized sociely it is sometimes forgofien thd the &raction of minerals is one of the three basic sources of the credion of new weahh. Development of mineral resoutces is a non-infldionary osset thd previously wasn't part of the economy. Mineral products provide the basis upon which dher business and public agencies in thefinal analysis depend Manufaduring, agricultural,trade, and semice segment of the communiTy are dependent upon the development of new earth tesources (Unknown) THOMAS A. LOGUE LAND DEVELOPMENT 537 F RUITWOOD DRIVE GRAND JUNCTION COLORADO 81 CONSULTANT 5 0 4 97 0-43 4-821 crJ NARRATIVE STATEMENT PECIAL USE PERMIT AMENDMENT FOR: UNA GRAVEL PIT GRRTIETP COUNTY, COLORADO February, 2004 EXIST!NG ACTIVITIES PROPOSED LAND USE EVALUATION OF REQUEST Mix T^rll-E r?r -l ' (iVNl tiU,yau'*fr"t7a The Una Gravel Pit was permitted by Garfield County and the Qologado Division of Minerals and Ceoi6fiTurrng th'e 1980's. Most of thd sand and $idvel resource previously iehoveO from-Ine site was use in the c'iffi-struction of lnterstate 70. Grand Junction Pipe and Supply Company of Grand Junction is the current operElor of tne UG Gravel Pit. The site consists of 223.13 acres 4.5 miles southwest of Parachute, southeast of the intersection of US Highway 6 and 24 and County Road 300 in Garfleld County. This request is to amend the current Garfield County Special Use Permit to allow for the establishment of a portable hot mix asphalt plant on the property. This narrative statement is presented in three parts. Part A is intended to describe the existing mining operations in relationship to the site's assets and constraints. The proposed amendment for the establishment of a portable hot mix asphalt plant and its operation is discussed in Part B. Part C responds to impacts contained with section 5.03.07 and 5.03.08 of the Garfield County Zoning Resolution. The Una Gravel Pit can be successfulfr because it meets all of the minimum criteria required for a hot mix asphalt plant operation: o Availability of the Site o Quality and Quantity of the Gravel Resource o Strong Demand for the Resource o Location of the Site in Respect to the Demand o ExcellentAccessibility o Availability of Other Services (Particularly Water) The following are justification for granting the amendment to the Special Use Permit for the Una Gravel Pit: / A demand exists, and will continue to exist, in Garfield County for asphalt paving products as demonstrated with the on-going building and development activi$ in the area. Coupled with the maintenance of the existing public infrastructure found in the vicinity. / Un-mined aggregate resources are on the property. { / Located in an established sand and gravelmining district. y' t The applicant has demonstrated the ability to comply with all governmental regulations affecting other sand and gravel facilities they own. r' Asphalt production activates conducted on the site will not be visible from the existing dwellings in the area. / The request meets, or exceeds the minimum criteria for operating a asphalt production facility as established in the Garfield County Zoning Resolution. & SUMMARY LOCATION - The site consists of 223.13 acres 4.5 miles southwest of Parachute, southeast of the intersection of US Highway 6 and 24 and County Road 300 in Garfield County. The site is mainly located in part of the north half of Section 34, Township 7 South, Range 98 West of the Sixth Principal Meridian. EXISTING LAND USE - The site is irregular in shape and is 4,250 feet in length north/south, and 3,580 feet at its widest easUwest point. The primary present use is a sand and gravel pit. Ground cover ranges between non-existent to natural grasses, forbs, and shrubs. There is some evidence that the cultivation of irrigated crops is occurring on the site. The main channel of the Colorado River forms the properties southerly boundary. The topography of most of the site "flat" and generally slopes to the river at a rate of one percent. EXISTING ZONING - Review of the Garfield County Zoning Map, reveals that all of the subject property is zoned ARRD (Agricultural/Residential/Rural Density). SURROUNDING LAND USE - The surrounding land uses in the vicinity of the sglject property. are considered to be_low'_U!ens!!f. Predominant use adjoining the site is: r31gg lq1d. Other ffioeEGlEEo-"properties_celglEllng of grazinq and pasture lanQ, some withpropert!eg_consis!!loerties consisti uses consists c habitat adjacent to the nearby uses River drainage. All of the property surrounding the subject MINING ACTIVITIES - The Site Plan Map included at the end of Part B depicts the proposed permit boundary, mining areas, site features, and the location of other uses ancillary to the operation. Operations will be limited to the hours of 6:00 A.M. to 7:00 P.M. and will occur intermittently throughout any given year depending upon public demand for the resource. Most of the existing 223.13 acre permit boundary is identified for use as sand and gravel extraction. Mining will be conducted in phases. Each of the mining phases will include a staging area where following activities may occur: . Processedmaterialstockpiling. Portable scaleo Recycled materials stockpilingo Office and lab trailer parkingo Portable fuel storageo Equipment parking and maintenanceo Tool storagee Portable toilet Sub-surface investigations within the mining area revealed the nature of the aggregate deposit. The average 25 fool thick sand and gravel layer is a river deposit overlaid with two to five feet of overburden soil. The resource is situated on top of a relatively flat layer of shale bedrock. Ground water is encountered between five and ten feet below the mean ground elevation. The first step of each of the mining process phase will be the removal of zero to six inches of topsoil. The topsoil will be removed using scrapers, loaders and dump trucks and stored in stockpiles near the identified mining area and will be used for during the reclamation phase of the mine. Once the topsoil has been removed, the overburden removal process will begin. As was the case with the topsoil removal, overburden will be excavated using scrapers, loaders, and dump trucks. Overburden will also be stockpiled near the extraction area in separate stockpiles PART A EXISTING ACTIVITIES from the topsoil. To prevent erosion, the stockpiles will be seeded within 12 months of establishment. Herbicides will be applied annually to controlweed growth on the stockpiles, (See "Weed Control" later in this section). All of the stockpiled overburden will ultimately be used in the reclamation process. Setbacks between the mining area and the permit boundary have been maintained to protect the integrity of the adjoining land. The sand and gravel mining process will be conducted using loaders, and/or excavators. Blasting of the resource is not necessary. Haul trucks will transport the resource to the nearby crushing and screening area located adjacent to each of the phased extraction areas, or the ultimate delivery site. The crushed and screened material will then be loaded, transported and stockpiled nearby CRUSHING AND STOCKPILE ACTIVITIES - The excavated gravel resource is crushed and stockpiled according to size in an area near the extraction site.. Maximum processing is approximately 4,000 tons per day. Since a portable crusher is used, the location of the crushing operation changes as the mining proceeds across each of the mining areas. Crushing apparatus will be operated under the stipulations contained within the Construction (AiQ Permit issued by the Colorado Department of Public Health and Environment. HAUL ROAD - Private drive access to the site is gained from County Road 330 which is in good repair and affords excellent access to US Highway 6 and 24. The alignment of the haul route is shown on the accompanying Site Plan Map. PETROLEUM STORAGE- There will be no permanent storage of fuel on the site. However, a 10,000 gallon portable diesel fuel tank will be located near the gravel crushing unit when it is present. All fuel will be stored in above ground steel tank(s) and will have lined containment dikes to prevent any discharges of fuel from leaving the site or percolating into the ground. Dikes are to be constructed in a fashion to contain at least 110 percent of the volume of the largest fuel storage vessel within the containment area. A policy for the handling and disposal of hazardous waste will be established for the operation. A key element of the policy will include annual training for all workers at the facility for spill containment and controls in the event that a spill should occur. A typical gravel screening and crushing unit. WATER INFORMATION - The predominant drainage course found in the vicinity is the Colorado River, which forms the southerly permit boundary. All of the land within the permit boundary and surrounding areas are within the 100 year flood plain. Mining will be conducted in a manner that will not increase the discharged amount of surface stormilater runoff above historic flows. Any storm water runoff entering the site will be captured within the pit area. ln order to maintain the quality of any surface stormwater, which crosses any exposed ground areas, a Storm Water Management Plan (SWMP), has been prepared for the sit!. n ke:y element of the plan calls for grading the area in a manner that will not allow the discharge of any silt laden storm water from the property in the event of a storm. Thus, eliminating any stormwater discharges from the disturbed areas of the site. Water lS used on site when necessary to control dust in the mining area, during crushing operations, and on haul roads, A Substitute Water Supply Plan, for the Una Gravel Pit has been obtained from the Office of the State Engineer. A copy of the acceptance of the plan has been transmitted to the Building and Planning Department under separate cover. The plan calls for the replacement of depleted water to the river system resulting from losses at the site with 23.7 acre feet of leased Wolford Mountain Reservoir water. LIFE OF MINING AREA - Several factors affect the total life of most sand and gravel operations. Most notable is the surrounding communities' future aggregate needs. Other factors include: tr Local, State, and Federal Economic Trends tr Future Local Growth Trends tr Major Public and Private lmprovement Projects - Rail and AirPort lmProvements School Buildings Governmental Buildingstr Major Commercial Buildings Based on the information presented herein, in conjunction with past aggregated needs in the area, it is forecasted that the gravel will be depleted in about 50 years. lt should be pointed out that forecasts are based on current and past information. lnherent with any forecast is a degree of uncertainty. RECLAMATION ACTIVITIES - The State of Colorado requires that all disturbed areas within the Una Gravel Pit be reclaimed to a land use appropriate to the area. Reclamation will be conducted in a phased manner and will begin when no further disturbance will occur as a result of the mining activities in each of the phases. A financial guarantee has been provided to the State which insures that adequate funding exists to complete all of the reclamation efforts on the property. WEED CONTROL ACTIVITIES- lf necessary, weed control measures will be employed for control of any noxious weed species. Control measures will also be used if the growth of weed species on the reclaimed area threatens further spread of the weeds to nearby areas. ln the event that weed control is required, herbicides will be of those that are approved by the Soil Conservation Service and applied by a licensed herbicide applier. A Weed Control Plan will be utilized as follows: A semi-annual inspection of all disturbed areas by trained weed control personnel. Treat any identified infested aress with herbicide recommended by the local weed control authorities. lnspecl the infested area after 2 weeks and re'apply herbicide as required. lnspect the site at 4-week intervals after the Second inspection and re-treal as required. Any weed control refuse left from previous year's growth will be burned on site' D tr tr tr tr EoiaA. Material crushed on site will be use for asphalt production. Maximum production for the portable plant is 3-0Q0 !q4s per day. Asphalt production is seasonal and normally occurs between Aq4 gld 9"1s6sf ATypicai-Siie Plan foi ttre asphalt plant can be found at the end of this s&tion. Bear in mine that the future lgcatipn of the planlwill change as mining progress across the property. Any plant that is located on the site must meet or exceed all State and Federal pollutio! 1qqufemenls, and inspected on a regular basis by corporate and governmental autnorities A Construction (air) Permit, for the initial hot mix asphalt plant that will occupy the site, has been obtained fromTh-e-U6l6lado Department of Public Heath and Environment (Permit No. 01PO0032). k4[gqsack-te$Ls conducted under the supervision of State personnel occurred during 20Ot]-eomponents associated with the asphalt plant include: ljguiekughalt and dfgse[gel-sto6ge, air llteiinq clolteE (baghouse), ?qqregate feed bins, mjler,'gglygygs' lrns Eilo, truck loading equipment, power supply and distribution. g portalle_q-sphalt plant may be erected on the site from time to time. The first requirement for a hoi mix asphiall plant 1o bcdupy the srte will be ![!s spring,- The plant will produce material for an overtay on lnterstate 70 beginning at mile pgst 66-arid 6oitinuing easterlv for approximately 18.5 E-rachute and Rulison and associated ramps are also By analyzing plant production levels, available trucks, and the location of the facility in respect to the trade area, traffic projections can be made. The follow assumptions are used in estimating traffic projections: . The maximum q@lg.gtStrplg141qgls working at the facility will be@ ard dump trggks with a caoacitv of 14 tons and 24of trucks may be used: . 90 percent of the loads will use 24lon capacity belly dump trucks. PART B PROPOSED ACTIVITIES HOT MIX ASPHALT PLANT COMPONENTS AC TANKS DIESELTANKS FEED BINS BAGHOUSE MIXDRUM LIME.SILO LOADOUT--T--[ \ \ I I_ \\--\ -:-i,- . 15-20 trucks per day are typically available for hauling' . g9 percent of all deliveries are to areas north of the site's access point. . Normal hours of operation are limited to between daylight and dark, Monday through Saturday. By using the above listed assumptions the following traffic projections can be made: 1. Minimum loads to job site = 50 2. Maximum loads to job site = 100 3. Peak hourly volume = 10-15 loads Two alternatives are available for delivery of the asphalt mix to the job site and are shown on the following page. ln the event that an access permit directly onto the job site (Alternative Two) can not be oltaineO from the Colorado Department of Transportation, Alternative One will be utilized. Alternative Two includes a provision for "special" traffic control measures that will be utilized during hauling periods. The establishment of a hot mix asphalt plant at the Una Gravel Pit will not create new activity, but responds to existing and future customers in the surrounding areas. Whenever community area planning occurs, it is imperative to take into account the fact the aggregate industry is simply responding to a demand that is created with public improvements, residential and non-residential growth patterns in the vicinity of the resource. Without realistic land use planning which takes into account the aggregate industry, the area could become impacted with additional traffic as trucks transport construction and maintenance materials from outside areas. lt is important for land use plans to include local sources of processed aggregate materials which are vital in creating and maintaining healthy comm unities. Locating a hot mix asphalt plant on any site similar to the Una Gravel Pit, no matter where it is located, will most likely create some impact to the surrounding community economically, socially and physically. The nature of the proposal and how it is handled, can determine whether the impacts are positive or negative. By a logical evaluation of all aspect of the proposed asphalt production operations, steps can be taken which insure that the ultimate effect of the proposal is beneficial to the community. Preparation of the Site Plans within this narrative statement meets several goals: Goal 1. Develop the sand and gravel deposits found on the property. Goal 2. Protect the adjoining uses from any adverse visual or noise impact. Goal 3. Maintain ease of accessibility for shipment of the product. Goal 4. lnstitute controls for on-site and off-site damage to the natural environment. Goal 5. Maintain a safe environment for workers and the general public. ln order to meet the goals established above, the following elements have been incorporated with the site operations: 1. Locate the asphalt plant behind the stockpile areas. 2. Minimize disturbance to the natural setting outside of the mining areas. 3. Enhance the development of future wildlife habitat opportunities on the site. 4. Adequate parking and traffic circulation for employees and customers. 5. Elimination of any storm water discharges from disturbed areas on the site. Evaluation of the proposal is accomplished by using the criteria contained within Sections 5.03.07 and 5.03.08 of the Garfield County Zoning Resolution. The following is a response to each of the criteria for conditional and special use operations: 5.03.07 (1XA) Existing lawful use of water through depletion or pollution of surface run-off, stream follow or ground watec RESPONSE: Mixed asphalt production occurring on the property will be conducted in a fashion which does not allow storm or process water from the operation to leave the property. A Storm PART C EV TION OF REQUEST Water Management Plan has been implemented for the Una Gravel Pit. A Spill Prevention Control and Countermeasure Plan have also been prepared for any portable above ground fuel storage tanks. A key component of the plan utilizes doubled wall fuel and oil storage tanks' A condiiional Substitute Water Supply Plan for the Una Gravel Pit has been obtalned from the Office of the State Engineer. (l)(B) lmpacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; RESPONSE: To reduce the affects the following mitigation measures will be incorporated within the proposal: NOI'SE - By locating the various processing equipment in the central regions of the site, and behind finished product stockpiles, noise levels at the property boundary can be minimized. The operator and the Mine Safety & Health Administration conducts noise level tests adjacent to the process equipment on a routine basis. DUST - As stated in Part B of this narrative statement, dust control maintenance will occur daily when there are any activities on the site. Any plant that is located on the site must meet or exceed all State and Federal pollution requirements, and inspected on a regular basis by corporate and governmental authorities. A Construction (air) Permit, for the initial hot mix asphalt plant that will occupy the site, has been obtained from the Colorado Department of Public Heath and Environment (P'ermit No. 01POOO32). Certified stack tests conducted under the supervision of State personnel occurred during 2000. (1)(C) lmpacts on witdtife and domestic animals through the creation of hazardous attraction, alteration of existing native vegetation, blockade of migrations roufes, use paftems or other disruqtions; RESPONSE: The property is not identified as being within a general wildlife critical habitat area. However, the Colorado River drainage is considered a habitat area for several species of wildlife. The proposed asphalt plant site is more than one quarter mile from the river. The proposed porta'Ole'asphalt plant use will be intermiftent throughout the life of the mine and limited to only several months during the Year. (1XD) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impact to areas in the County; RESPONSE: The proposed portable asphalt plant use will be intermittent throughout the life of the mine and limited to only several months during the year. This area of Garfield County could become impacted with additional traffic as trucks transport construction materials from outside areas. Private drive access to the site is gained from County Road 330 which is in good repair and affords excellent access to US Highway 6 and 24.The following traffic projections are anticipated: Minimum loads to job site = 50 Maximum loads to job site = 100 Peak hourly volume = 15 loads (1XE) That sufficient distance shall separate such use from abutting propefty which might otherwlse be damaged by operation of the proposed use(s); RESPONSE: The portable asphalt plant site is located more than 500 feet from the nearest abutting property line. The processing equipment is buffered by the plant mix poduct stockpiles (2XA) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use willbe r.ssued; RESPONSE: The Colorado Division of Minerals and Geology regulates the reclamation of all sand and gravel operations. The State of Colorado requires that all disturbed areas within the Una Gravel Pit be reclaimed to a land use appropriate to the area. A financial guarantee has been provided to the State which insures that adequate funding exists to complete all of the reclamation efforts on the property including those in and around the proposed asphalt plant site. (2XB) The County Commissioners may require security before a permit for a special or conditional use ls lssued, if required. The applicant shall fumish evidence of a bank commitment of credit, bond, cedified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation ptan in workmanlike manner and in accordance with the specifications and construction schedu/e esfab/rbhed or approved by the County Commissioners. Such commitmenfs, bonds or check shallbe payable to and held by the County Commissioners; RESPONSE: See response above. The applicant can provide the County Commissioners evidence that a financial guarantee exists for site rehabilitation, at their request. 5.03.08 (1) Votume of sound generated shatl comply with the standards set forth in the Colorado Revised Sfafutes at the time any new application is made- RESPONSE: By locating the various processing equipment in the central regions of the site, and behind finished product itockpiles, noise levels at the property boundary can be minimized. The operator has demonstrated that they can comply wit the standards set forth by the State of Colorado at other locations in which they have operated the portable asphalt plant. (2) Vibration generated: every use shall be so operated that the ground vibration inherentty and recurrently generated in not perceptible, without instruments, at any point of any boundary line of the propefi on which fhe use is located; RESPONSE: The nature of the operations of a portable asphalt plant does not create any major ground vibrations. (3) Emissions of smoke and particulate matter: every use shall be operated so as to compty with all Federal, State and County air quantity laws, regulations and standards; RESPONSE: As previously stated, any asphalt plant that is located on the site must meet or exceed all State and Federal pollution requirements, and inspected on a regular basis by corporate and governmental authorities. A Construction (air) Permit, forthe initial hot mix asphalt plant that will occupy the site, has been obtained from the Colorado Department of Public Heath and Environment (Permit No. 01PO0032). Certified stack tests conducted under the supervision of State personnel occurred during 2000. Other Responses Asphalt production operations are self sufficient in terms of demands on public utilities, particularly sewage disposal and domestic water. Because of the seasonal nature of the operation, portable toilets will be provided whenever there are workers on site. Bottled water will be provided for drinking. Diesel powered portable electric generators will be utilized for processing ofthe sand and gravel resource. The layout of the mine site is conducted in a manner which allows for maximum accessibility to the site operations for police and fire protection services, while maintaining security. An aggressive safety program will be instituted that includes extensive safety training for all workers at the facility. Due to the existing topographic constraints and fencing together with the limited access by the general public to the mine site, additional fencing of the property is not considered necessary. Signage will be provided at the entrance of the operations that will identify the activity and required safety requirements for anyone within the facility. Other than routine maintenance required within the Storm Water Management Plan, this type of proposed operation does not required major maintenance since it does not generate large quantities of solid waste. The small amount of solid waste which is generated will be disposed of using conventional means. According to the Environmental Protection Agency, most asphalt plant operators are listed as a "Conditionally Exempt Small Quantity Generato/' (CESQG) of potential hazardous waste. CESOG generates less than 100 kg of any residue or contaminated soil, waste, or debris from the cleanup of a spill, onto land or water, of acute hazardous waste per month. .a PARACHUTE INTERCHANGE !;', OYERPASS a'4'9 a a ALTERNATE ROUTE NO. ONE a aa a a aa 'a ALTERNATE ROUTE NO.TWO d* uNA GRAwL Ptr s'rE T]17 NTS 02/18/A E I I H ! IE;i =,il[il Ho@o ItrIIla ,lO8t>dlF ilr,IM aimI\ =II ccza>mqH;4<sm= !E{mzo rflz{ March 9,2004 Ed Settle P.O. Box 1849 Grand Junction, Colorado 81506 RE: Special Use Permit for a Temporary Hot Batch Asphalt Plant Dear Mr. Settle, Thank you for the Application you have submitted to this office regarding your Special Use Permit for a Temporary Hot Batch Asphalt Plant. I am writing this letter to inform you that the Garfield County Building and Planning Department has determined your application to be Technicolly Complete. Please note, this determination is not a determination of approval. It only mears you have submitted the ffirmation necessary to conduct a substantive review. Staff has scheduled your request to be heard by the Board of County Commissioners as a public hearing ontheir regularly scheduled meeting date ofAprill2,2004 at 1:15 P.M. I have includedthe public notice form which you are required to mail and publish according to the language below. In addition, I have placed a completed poster sign for you to pick up at out office at the front coturter. You will post this sign at the property according to the language below regarding posting notice. Please submit 12 copies of all the information you provided to Staffin your application so that we may provide them to the appropriate referral agencies and the Board of County Commissioners for their review. Staffwill need to have these copies within the next 3-5 working days for this meeting date of Aprl 12,2004. Please review the public notice requirements below. Please Note: Proper noticins is vour responsibilitv. l) Notice by publication, including the name ofthe applicant, description ofthe subject lot, a description ofthe proposed use and nature ofthe hearing, and the date, time and place forthe hearing shall be given once in a newspaper of general circulation in that portion ofthe County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof ofpublication shall be presented at hearing by the applicant. 2) Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 3) The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that if remains posted until and during the date of the hearing. The public hearing will be held at the Garfield County PlazaBuilding inthe Commissioners Roomon the first floor. The address is 108 8th Street, Glenwood Springs, Colorado 81601. Do not hesitate to contact this office in the event you have any questions. Sincerely, Jim Hardcastle, Senior Planner encl. Public Notice to be mailed and published 2 PUBLIC NOTICE TAKE NOTICE that Grand Junction Pipe & Supply have applied to the Board of County Commissioners, Garfield County, State of Colorado, for a Temporary Hot Batch Asphalt Plant, in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: Please See Attached Practical Description: 4.5 miles Southwest of Parachute, Southeast of the intersection of CR 300 and Hwy 6 &Hvry 24 The special use permit would allow the applicant to operate a Temporary Hot Batch Asphalt Plant in connection with an existing Special Use Permit for a gravel and sand extraction facility. All persons affected by the proposed special use permit are invited to appear and state their views, protests or support. Ifyou can not appear personally at such hearing, then you are urged to state your views by letter, as the Board ofCounty Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or denythe request for the special use permit. The application may be reviewed at the office ofthe Planning Department located at 108 8th Street, Suite 201, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for the 12th day of April, 2004rat 1:15 P.M., in the County Commissioners Meeting Roorn, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County Jim Hardcastle AM. We were not in the future that Ed Settle [EdS@gjpipe.com] Friday, March 12, 2004 1:29 PM Jim Hardcastle Overweight permits about overweight permits in Garfield County this had a seperate permit system. I assured him that for all loads over 80,000 lbs. He seemed happy. From: Sent: To: Subject: Jim Spoke with Jake Ma1l award of the County would obtain permits Thanks, Ed ^-. NOTICE has applied to the Garf ield, Gou n purslant to on this propeyty. A public will be held in the Glenwood Spritrgs, Colorado on rffi at Date Notice Was Posted : By: For additional information, contact tfre ;,;,i; Suite {O ( , Gtenwood Springs, CO 81601 TAKE N TICE That REFERRAL FORM Orur. Sent: Marc hll,2oo4 Return Requested: April5, 2004 Garfield County Building and Planning Department 108 8th Street, Suite 201, Glenwood Springs, CO gl60l 97O) 945-8212/Fax:38403470 File Name(s)Project Name(s)Type of Application(s) Grand Junction Pipe and Supply Special Use Permit Una Gravel Pit Special Use Permit for Asphalt Hot Batch Plant Staff Planner: Jim Hardcastle Phone: 945-8212 Applicant: William Patterson, , Rodney power, Ronald Tipping Phone: 625-4450 Contact Person: Ed Settle Phone: 970-243-4604 Location: P.O. Box I 849, Grand Junction, Colorado 81502 SummaryofRequest:Thespecialusepermitwouldallow., in connection with @ermit for a gravel and sand extraction facility. The Garlield County Planning Department has received a land use request as referenced above. your comments are an important part of the evaluation process. In order to review alfappropriate agency comments and incorporate them into the StaffReport, we request your response try WeanesAav .tprit Z. ZOOI. GARFIELDCOLINTY School District Road & Bridge Coun8 Attorney COLORADO STATE Water Resources BtM Geological Survey (Fee) Health Department Forest Service (Fee) Wildlife Division SERVICE DISTRICT ll.S. West Public Service Holy Cross Electric G.S./Carbondale Fire District Silt/New Castle/tufle Fire District Soil Conservation District Planning Commission BOCC x I Please Application Name: Date Application Sent: Mt. Sopris Soil Conservation Bookcliff Soil Conservation District Town ofDeBeque Cify of Rifle Town of Basalt Town of Carbondale City of Glenwood Springs Town of New Castle Town of Silt Town ofParachute Eagle County Planning Department Rio Blanco County Planning Department Pitkin County Planning Department Mesa County Planning Department Burning Mtn. Fire District Town of Silt Fire Department fufle Fire Protection District Grand Valley Fire Protection District Carbondale Fire Protection District Glenwood Springs & Rural Fire RE-1 School District RE-2 School District School District l6 Carbondale Sanitation District Battlement Mesa Water & Sanitation Spring Valley Sanitation District West Glenwood Sanitation Dishict Mid-Valley Metropolitan Sanitation District Roaring Fork Water and Sanitation District Holy Cross Electric (Roaring Fork, S. of Co. River west) Public Service Company (N of Co. River west) KN Energy (S. of Co. River, Roaring Fork ) Western Slope Gas Company US West Communications (G.S. & C'dale area) US West Communications (N.C., Silt, Rifle) US West Communications (Rifle, B.M., Parachute) AT&T Cable Service Colorado State Forest Service Colorado Department of Transportation Colorado Division of Wildlife (GWS Office) Colorado Division of Wildlife (GJ office) Colorado Dept. of Public Health & Environment Colorado Division of Water Resources Colorado Geological Survey Colorado Water Conservancy Board Colorado Mined Land Reclamation Board Bureau of Land Management Department of Energy - Western Area Power Admin. Bureau of Reclamation - Western Colorado Area Office US Corps of Engineers Northwest Options of Long Term Care Roaring Fork Transportation Authority Garfield County Road & Bridge Garfield County Vegetation (Steve Anthony) Garfield County Housing Authority Garfield County Engineer (Jeff Nelson) Garfield County Oil and Gas Auditor (Doug Dennison) Garfi eld County Sheriff Department IIlX 4tnrrl GARFIELD COUNry Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.821 2 F acsimi le: 970.38 4.347 0 www. qa rfie I d-cou ntv. com Special Use Permit GENERAL INFORMATION (To b€ completed by the applicant.) Street Address I General Location of Property:5=E=_gE:Qf_.c_a_+_) L!::t_L_l_Y Le g a I Desc ri pti o n : - -1S_1c={_[r:Lr4___ F Existing Use & Size of Property in acres: D Description of Special Use Requested: Axrc{I:,1!To.-I:'-1,-!!-AallB----pl an'l F Zone District:_AEEP_ Nameof ProoertvOwner(Aopticant)'_ES_{f V__9_3gf i:._ Address:4Lt-f:___Esr{.:2::!,_p_________Tetephone:a.7c -zaz-4' t3u P City: -e-ry{-{:f-t11__-_ State:__g_g-_ Zip Code: _a_,:s_:g_ rex:?13:?_*2. F Name of Owner's Representative. if any (Attorney. planner, etc): F Address:?:a-A-:r-l93if T, D City: -C-r,-r{-i-"f'-1:t1--___ State: _*c__9__ Zip Code: _EtgS?_ STAFF USE ONLY D Doc. No.:_____ Date Submitted: TC Date: F Planner: ________ Hearing Date: tb '/ rrl I ll I. APPLICATION SUBMITTAL REQU]REMENTS As a minimum, specificarry respond t"rlJii|;[;i1fl li:I:ir:$,:ll attach any additionar information to 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). lnclude specifications for the proposed use including, but not lirnited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. lf you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. lf you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. lf you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,0O0 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). ln additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 7. lf you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. B. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9- Depending on the type of Special Use Permit requested, you may need to respond toadditional review standards in the Garfield County Zoning Reiolution Section 5.OO [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.081, Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substaiions, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at Itttp://wm,v.garfield-countv.com/buildinq and planning/index.htm, or information can be obtained from this office 10. A $400'00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies oJ this completed application form and all the required submittal materials tothe Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. 1. 2. ll. (The following steps outline how the Special Use Permit Application review process works in Garfield County.) Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. lt will be received and'given to a Staff planner who will review the application for technical completeness. Once the application is deemed technically complete, the Staff planner will send you aletter indicating the application is complete. In addition, Staff will also send you a ,,public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandumregarding your requested Special Use. (lf Staff determines you application to be deficient,a letter will be sent to you indicating that additional information is needed to deem your application complete.) It is solely lhe Applicant's responsibility to ensure proper noticing occurs regarding therequested Special Use and the public hearing. lf proper notice has not ocdurred, ttrepublic hearing will not occur. Notice requirements are as follows: a. Notice by publicatio-n,. including the name of the applicant, description of the subjectlot, a description of the proposed special use and nature of thb hearing, and the date, time and place for the hearing shall be given once in a newspap"rif general circulation in that portion of the County in which the subject property is locited atleast thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b- Notice by mail, containing information as described under paragraph (1) above,shall be mailed to all owners of record as shown in the County Aslesso/s Office oflots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) daysprior to such hearing time by certified return receipt mail, and receipis shall bepresented at the hearing by the applicant. 4. 5. c. The site shall be posted such that the notice is cleady and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) daysprior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the dat,e of the hearing. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will coniider the request. ln addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit io the applicant. lf the Board's approval includes specific conditions of approval to be met, this office will not issuethe Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued theOfficial Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. statements ab (Signature of nUowner)Last Revised : 1 1 lO7 l2OO2 read is cor ve provided the required attached information t of my knowledge.and GARF!ELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.821 2 F acsimile: 970. 38 4 347 A www. qa rfie I d-cou nty. com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) D Street Address / General Location of Property:-!-E.--9E--.19-9-9-3-2 :1:L- Li z'+___+____ F Legal Description: ---2qs-Allz: t:{--- D Existing Use & Size of Property in acres:__G_reqql_Eil-_'j-e:l_r_4t_____----_ D Description of Special Use Requested:-f 3,.,:f-ry-r-al--l:-r-?-.=r!ail:lep!-?-t-- F Zone District: _AJLE_D__ F Name of Prooertv Owner (Applicant):-WtJ!:, yE:-?-q-4:l:::l D Address : t re9--2b-Rn"l F C ity: €-rt*-d- -j.-!- - -----,rr* dl; - - - ;, :::"'^;:;f i:;: : :: U F Name of Owner's Representative. if anv (Attorney. Planner. etc): E' a * i17' F Address:I:-9:!2gr-l-Y:--- Telephone: aJg:-4):1-G-* Fcity:-Gr:ra{rgf::g-----state:--q9---Zipcode:-qi59-.--FAx:3!):-b-Lia STAFF USE ONLY F Doc. No.: _____ Date Submitted:_____ TC Date: F Planner: ________ Hearing Date: c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. ln addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. lf the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ---@__-?-""Mt_(Signature of applicanVowner)Last Revised : 1 1 lO7 l2OO2 t. .' 5T{rE t OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room B'l8 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 856-3s89 www.water.state.co. us February 5, 2004 Bill Ouaens Covemor Mr. Thomas K. Snodgrass, Esq. Williarns, Turner & Holmes, p.C. 200 N. 6th Street Grand Junction, Colorado 81 S02-033g Re: Una Gravel Pit, Substitute Water Supply plan DMG Permit No. M-80-080 NW % Section 34, T7S, Rg6W, 6th p.M. Water Division S, Water District 3g Dear Mr. Snodgrass: This letter is in respons_e to your application of July 9, 2003 and requesting a substitute watersupply plan for the Una Gravel Pit to be_operated uyine Grand Junction pip;i suppty corp"nv,in accordance with 537-90-137(11) c.R.s.- Ih" Applicants shalt be ;."rpln"ibt" idr'co.pllanJewith this plan, but the State Engineer's office may atso pursue the landowner, for eventualcompliance. The required fee of $1,343 for the substitute waier supply plan has been paid. This plan describes the proposed water uses through the 1o-year "operations period, of this -_-- -- new-miningrcperation- The antieipated+naximumaeprc+On +6cfn+s*i"*i*324-2p6p-fao+.eryear for up to 8.0 acres of exposed lake surface. Of this amount, the plan pr";;; i;;ffi"",.u,::.:-f:l per year of out-of-priority depletions that occur ouring tre irrilation season'1A[r;t Creg E. Vrtalcher Executiire Diredor Hal D. SimFrson, pE. State Engineer through October). You have provided a monthly breakdown of the maximum annual deptetions consisting of 24.3acre-feet of evaporative loss from a maximum of 8.0 acres of exposJJ grornd*, ter, 2.2 acre-feet of water lost with. mining of up to 75,00c tons of aggregate p"r y"ai 2.g acre-feet of lossesfrom water used for dust suppression and 2.8 acre-fee-tlf water used in concrete production.No phreatophyte credit has been apptied to this plan. This current proposed plan anticipates dry mining of the Una Gravel pit by way of a dewateringtrench. The maximum anticipated 8.0 acres of exposed groundwat"r rpi"r"nts the area thatwould be exposed if the dewatering operation was disconlinued. The dewatering trench andaggregate mining area are to be located greater than 100 feet from tne CofoiaOt River. TheApplicant has provided a monthly scheduie of lagged depletions to tne rivei rv"t"* resulting fromlosses at this site. The proposed source of replacement for this pit is 23.7 acre-feet of wolford Mountain Reservoirwater leased from the Colorado River Water Conservation District. A 10 pe;;;nt transit loss hasbeen accounted for in the lease agreement to account for the delivery of zi.sacre+eet per year to ' Mr. Thomas K. Snodgrar$q. February 5,20A4 Page 2 the mining site to offset out-of-priority depletions during the inigation season. The monthlydepletions and replacement requirements for this y""i "r.%und on the attached table. As required by section 8 of Senate Bill 89-120, this substitute water supply plan has beenprovided to an outside consuttant for review. rhe consultant has r.""o**"ni"d approval of theplan by way of a draft of this letter. Based upon statuto.v requirements ano theiecommendationsof the consultant, I ngpny lpprove the proposed substiiute water suppty plan in accordance withsection s37-90-137(11), c.R.s., subject to ihe following *noition., 1' unless otherwise revoked or modified, this plan shall be valid through December 31, 2' lf this plan will not be made absolute by a water court action by the plan,s expirationdate, a renewal request must be submitted to this office witn tne itaiutory fee (cunenfly$217) no laterthan November 16, 2OOS. 3' A well permit must be issued for the gr:avel pit in accordance with section s37-gc137(2)and (11), C.R.S prior to the exposure or USe of groundwater. A weff permit applicationwas submitted to this office un99l receipt no. siozao, 10. tnis ,JprLtion is pending .+evaluation' The provisions of _S!I--9c131(2) c.R.s. prohibits tne lJsuance of a permitfor a well to be located within 600 feet qt iny existing well, unlesr G st"t" Engineerfinds that circumstan@s so wanant after i hearing held in accordance with theprocedural rules in 2ccR402-5. Ttris hearing may be-waiveo ir v* "r" able to obtainstatements from the owners of all well with-in otio feet, *rifyff th"t they have noobjection tlyqq use of the proposed well. shoutd a new*.ii i"-it be denied forreasons of 60o.foot spacing, or any other legitimate reason, approval of this substitutesupply plan will be cancelled. appears to 5 acres of exposedyf::,:-*:::y-l,:"Fr^"f Tid;;d,'yffi;:!t'H,#ff ;:rH:;?:#,il3:;,:X *:il if:'::l:lnll:..i"- lI-"YlLl!: g"nrlt'"';;;"i,tJ'iliifi',H1,'LiL#[it",{ ^t?,:,,1,".3p^",::9 ,91?yl9**1 1yri""9 are the r""pon.in'ii,rv "i"in"'"";J?ffiffiX:*::.IL: lll i: gf9q_witlin the minins p"*iail;;d;,y, il"';"dE;ffiTll: :ylrllT"l.::"j-:_T3ryjt:"Il!t not be nedrespo""iur" r", tr{" o"pl,i5isX;:i*,d;;ilfi;;:'iH;;;Qt lhcanr ranl rana..,^l ^3 rL:^ -r^- - - -!rr d;;.;Hs "" iiun' lllT,l,i ;r6h^rr6 +lr;6 tri^f^-!^ -ta r-^ - 1L ::T"::"rjli"",!'::"j[_tl from the cu*ent p"*i u"*ior.v ";;;5;d"'""1"'J,j""#ljllsource for this depletion. The total surface area of the groundwatgr exposed (including the pit lake, conveyancechannels' and the sump area) at the Una bravel 'piil, addition to the 21.s acresdescribed above, must not exceed 8.0 acres resulting in'a maximum annuatwaporativeloss from this area of 24.3 acre-feet. The annual water used for dust control at the Una Gravel pit shall not exceed 2.8 acre-feet, the total product mined at the Una Gravel Pit shail noiexceeo 75,000 tons per yearresulting in 2.2 acre-feet of water lost with the mined agjregate and the total water usedfor concrete production sha[ not exceed 2.g acre_feet. v IX;il,"#;:Ao?"*orasfo Page 3 Total consumption at the Una Gravel Pit must not exceed 32.1 acre-feet per year (21.Sacre-feet per year of out-of-priority depletions) unless an amendment is made to thisplan. Approval of this plan is for the purposes as stated herein. This office must firstapprove any additional uses for which the water may be used. Any future historicconsumptive use credits sought for this site (e.g., agricultural watei transfer) mustconsider all previous credits applied. All pumping for dust control shall be measured in a manner acceptable to the DivisionEngineer. 10. The replacement water that is the subject of this plan cannot be sold or leased to anyother entity. As a condition of subsequent renewals of this substitute water supprvplan, the replacement water must be appurtenant to this site until a plan' ioiaugmentation is obtained. A copy of this approval letter should be recorded with theCounty Clerk and Recorder. All replacement water must be concurrent withdepletions in quantity, timing and locations. 11. A fully executed contract with the Colorado River Water Conservation District in theamount specified above shall be required prior to exposing groundwater as part of thisaggregate operation. 12. Adequate accounting of depletions and replacements must be provided to the Division5 Engineer in Glenwood_ - _springs (Allan Martellaro, p.O. Box 396,Glenwood Springs, CO 81602, 970-945-5665) and the District 39 WaterCommissioner (James R. Lemo1,6343 County Fioad 301, parachute, CO g1634, 970-625-2317) on a monthly basis or other interval acceptable to both of them. The is-sub the Division Engineer. A[ amounts shail be in acre-feet 13. The name, mailing address, and phone number of the contact person who will beresponsible for operation and accounting of this plan must be provided on theaccounting forms to the Division Engineer and Water'Commissioner. ' 14. lf reclamation of the mine site will produce a permanent water surface exposinggroundwater to evaporation, an application for a plan for augmentation must be fileiwith the Division 5 Water Court at least three years prior to th6 completion of miningioinclude, but not be limited to, longterm evapoiation lbsses. lf a lined pond results afterreclamation, repla@ment of lagged depletions shall continue until theie iis no longer aneffect on stream flow. 7. 8. 9. 15. Dewatering of the site will produce delayed depletions to the stream system. As long asthe pit is continuously dewatered, the water retumed to the stream .y.6 should beadequate to offset the depletions. However, once dewatering at the site ceases, thedelayed depletions must be addressed. At least three years prior to completion ofdewatering, a plan must be submitted that specifies how t-he post pumping dewateringdepletions will be replaces, in time, place and amount. Mr. Thomas K. SnodgrrrCq. February 5,2004 Page 4 16' This substitute water supply plan may be revoked or modified at any time should it bedetermined that injury to other water rignts has or will occur u= " orilt of this plan. 17' should this substitute water :upp_ly plan expire without renewal or be revoked prior toadjudication, ?f , permanent plan'for augmentation, all excavation-or proouct from belowthe water table, and alt other use of water at the pit, must cease immeoiatety. 18' ln accordance with amendments to section s25-g-202-(7), c.R.s. and Senate Bill gg-181 Rules.-and Regulations adopted on FeSruary +, issz. tnssLte Engineer shaltdetermine if this substitute water supply plan is of a quality to meet requirements of useto which the senior appropriation receiving the substiiutu .rpprv hrs normatty been put.As sucft' water quality data or analyses m;y be requested at any time to determine if therequirement of use of the senior a[propriator is met. 19' The dry year analysis required by this office for a permanent plan for augmentation mayvary from the analysis approved in this substitute water supply plan. This substitutewater supply plan shall have no precedentiat or evidentidrv i;rL, and does notconstitute an admission or statement of position in any other proceeding. This plan shallnot be concurrent with any findings of iact or conclusions of law-contained herein, orwith the engineering methodorogiei used by the Appricant. Please contact craig Lis of this office or Allan Martellaro, Division s Engineer, in Glenwoodsprings at (970) 945-5665, if you have any questions conceming this approval. we conclude thatapproval of this substitute water supply plin does not imply a polition by this office on any relatedlitigation. Chief of Water Supply Branch Attachment Allan Martellaro, Division 5 Engineer James Lernon, Water Commissioner, Water District 3gEd Settle, Grand Junction pipe & Suppty Company Bill Menill, P.E., Westem Water a GriO, tnc. pary Witt, Wright Water Engineers, lnc. Division of Minerals and Geology c:\Project Files\O1 1 -009\270gdw Una\Una pit Approval Letter.doc Garfield County - Una Gravel pit For 2005 Calendar Vear lmaximum Oeptetiony (All values in acre-feet) Month Lagged Evaporative and Operational Depletions Out-of-priority Replacement from Wolford Mountain Reservoir January 1.93 0.00 February 1.74 0.00 March 1.69 0.00 April 1.82 1.82 May 2.28 2.28 June 2.98 2.98 July 3.51 3.51 August 3.76 3.76 September 3.72 3.72 (.)ctober 335 November 2.95 0.00 December 2.3A 0.00 Total 32.13 21.52 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.821 2 Facsimile: 970.384.3470 2004 Special Use Permit GENERAL INFORMATION Oo be completed by the applicant.) D Street Address / General Location of Property: €E. c(-soo d Ug lwv. A/ z1 F Legal Description. 5ee A#acld D Existing Use & Size of Properg in acres: Z ve/ ?,'/. Zzl. /i ae. D Desoiption of Special Use Reque srcA: /rrtenlrten/ ,1r 24olb ,lTAoh P/a"* F Zone District A(PD D Name of Propertv Owner (Applicant): F Address: 2O. Box /14?Telephone : ?D - 243 - 4bO4 State: CO Zip Code: /5oz Ff'/.: 24/'6/2 ) Name of Ownels Representative, if anv (Attomev, Planner. etc): t l 1er*/e F Address: lbave Telephone. D City:State: Zip Code:_ FAX: STAFF USE ONLY Date Submitted: TC Date: V,ilr*'- fiwt t{l$oo I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: Please submit, in nanative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). lnclude specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekty and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility rrt tmprovements. Be specific. #, you will be using water or will be treating wastewater in conjunction with the proposed use, please detait the amount of water that would be used and the type of wastewater treatment. lf you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed r*,,.usg.&tuWtr Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all- existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. lf you are proposing a new or expanded access onto a County or ..,.State roadway, submit a driveway or highway access permit. .d'ti,:'i./ ffiffirbrit a vicinity map showing slope i topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will sufiice. ffiro.it a copy of the appropriate portion of a Garfield County Assessor's Map showing allY mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). ln addilional, submit a list of all property owners and their addresses adjacent to or within 200 fl. of the site. This information can be obtained from the Assessor's Office. sybmit a copy orthe deed , km{K#n"A*subject property.'ffi/Omit a copy of the deed an6-a legal Oes6riftfon of4he subject property. #fit you are acting as an agent for the property owner, you must attach an acknowledgement €- -from the property owner that you may act in his/her behall *tHI* Xt;*:;xe;H:-cary responds to each of the forrourins criteria from section .,*,,, h ffi#* Utilities adequate to provide water and sanitation service based on accepted Engineering standards and approved by the Board of County Commissioners shall either Stlr0,.." or shall be constructed in conjunction with the proposed use. ffir Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shqlLpe constructed in conjunction wilh the proposed use; #' Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; &-ll:ln;1,"T":li"i;1,",:''il,""E,;"#-Jixxii'"i;,1,,"J H:l",lffil '3"":,ii,"g JB [Supplementary Regulationst. This may include uses such industrial uses [section 5.03.07 & b.OS.OAI, Acceisory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sectioni of the Zoning Resolution which can be located on the Garfield County web site at hjlp-llwqq.[a1'fie-|$--c9-{r]!-v-,1?ml,pqiiqim-:?i'g--}rignll1g;1nf-qx 1i1i", or information can be obtained from this office h $+OO.OO Base Fee: Applicant shall sign the'Agreement for Payment" form and provide the fee with the application. mt, #rOmit 2 copies of this completed application form and all the required submittal materials to Wtne Building and Planning Department. Staff will requesl additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (Ihe following steps outline how the Special Use Permit Application review process works in Garfield County.) Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. lt will be received and given to a Staff Planner who will review the application for technical completeness. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. ln addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (lf Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. lf proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessol's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified retum receipt mail, and receipts shall be presented at the hearing by the applicant. 1. 2. 3. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. ln addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. lf the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. laT (Signature of appl 11t07t2002 200q GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of stafftime devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County stafftime devoted to the review ofa particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIBD COU UILDING AND PLANNING DBPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County stafftime or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. o NTY B TYPE OF PROCEDURE Sketch Plan Preliminary Plan Final Plat Amended Plat Exemption from the Definition of Subdivision (SB-35) Land Use Permits (Special Use/Conditional (Jse Permits). Administrative/no public hearing. Board Public Hearing only. Planning Commission and Board review & hearing Zorung Amendments. Zone District map amendmentt Zone District text amendment. Zone District map & text amendment, PIJD Zone District & Text Amendment. PUD Zone District Text Amendment Board of Adjustment. Variance! Interpretation Planning Staff Hourly Rate. Planning Director. Senior Planner. Planning TechnicianI Secretary County Surveyor Review Fee (includes review of Amended Plats, Finol Plats, Exemption Plats) Mylar Recording Fee BASE FEE $32s $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200 $100 $300 $2s0 $400 $525 $450 $300 $500 $s00 $s00 $2s0 $2s0 $50.50 $40.50 $33.7s $30 Determined by Surveyor$ $11 - 1" page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staffshall keep accurate record of actual time required for the processing of each land use application, zoring amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staffrate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANI\ING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COLINTY (hereinafter COUNTY) and T?o J n.y?.:.r,cr , ei';/ /i,'., f-' il, i>.rt (hereinafter APPLICANT) agree as follows: 1. APPLICANT hT submitte{1o/CouNTY an application for 5pe. a I tJ:l.ftrn) I - ?srl,f ie Aspur1rPl"-J :L;;*7-"-- _(hereinafter, THE pROJECT), 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COTINTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involrr.d in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COLINTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application oi additional COI-INTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COIINTY to reimburse the COUNTy for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zornngamlndment, or subJivision plan. Fonp.lJ -ti4ir,fti2/lize |btlrir.nRJ*yhnof Print Name Mailing Address: -,Dc" i*'ta4) Date: Z'- "Zi!.- O4 Graie.J..rn.t,^@ Page 4 THOMAS A. LOGUE 537 FRUIT\,vOOD DRIVE GRAND LAND DEVELOPMENT CONSULTANT JUNCTTON COLORADO 8r 504 970-434-8215 February 20,2004 Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Via: I{and Delivery 200+ RE: T]NA GRAVEL PIT, SPECIAL USE AMENDMENT Dear Staff: Accompanying you will find two copies of the following documents that are required for an amendment to the Special Use permit for the Una Gravel Pit located southeast of County Road 300 and US Highway 6 and 24. The requested amendment is to allow for the establishment of a hot mix asphalt plant on the property. Initially, the asphalt plant will produce material for an 18 mile overlay on Interstate 70 in the Parachute area this spring/summer. l. $400.00 processing fee. 2. Application Form. 3. Deeds and Legal Descriptions 4. Project Narrative 5. Names and address ofproperty owners within 200 feet of the permit boundary. 6. Site Plan Map,2 sheets. 7. Garfield County Parcel Map. lf you have any questions, or required any additional information feel free to contact Ed Settle at Grand Junction Pipe and Supply. 907-243-4604 Respectfully,, c).furt t":-mL6gieu Ed Settle, Grand Junction Pipe and Supply T^lrI-l b Carl P Jr. & Martha K Enyart PO Box 3215 Breckenridge, CO 80424-3215 Jim Dekam 704 County Road 300 Parachute, CO 81635-9645 Mary Ann Bosely PO Box 26 Woody Creek, CO 81656-0026 Janet A Smallwood & Jane E. Wright c/o Joseph P. Casteel 2630 El Corona Drive Grand Junction, CO 81201-6895 Specialty Restaurants Corporation c/o Stockton Restaurant Corp. 8191 East Kaiser Blvd. Anaheim, CA92808-2214 Garfield Oil, Land, & Development c/o Casteel, cp 2630 El Corona Drive Grand Junction, CO 81501-6895 Grand Jct. Pipe & Supply PO Box 1849 Grand Junction, CO 81502 \ Grand Junction Pipe & Supply Company AN EQUAL OPPOBTUNITY EMPLOYER 28681-7o Business Loop ' P.o. Box 1849 . Grand Junction, Colorado 81502 . 970/24g-4604 . FAx 970/24l-6622 March 3.2004 Garfield County Building & Planning Department Att: Jim Hardcastle 108 8th Street, Suite 201 Glenwood Springs, CO 81061 RE: Special Use Permit for Una Gravel Pit, Consent Letter for A & S Construction Co. Dear Mr. Hardcastle: This_letter is in response to A & S Construction Co. requesting to be heard by the Garfield County Commissioners regarding the Una Gravel Pit Special Use pLrmit application. The property owners give consent for A & S Construction Co. to be heard in front of the Garfield Cou.9ly Commissioners to respond to the application mentioned above. If you have any questions please contact Ed Settle at (g7o) 243-4604. ;3-3-c4 ,/,-l-2 '3 3 -c d Date '.3--> -o q William Patterson, Owner Date .---_ RECEI\iED MAR 1 0 2004 GARFIElD COUNTY BUILDING & PLANNING""Grand Junction pipe & Supply Company 2a68t'ToBusinessLoop' p.o.Box r84e . J:i:T::::"i;::;]:::T rsoz .s7o/243-46o4 . FAx s7o/z4r-6622 March 9,2004 Jim Hardcastle Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Una Pit Special Use permit Dear Mr. Hardcastle: We arerequesting a change in the time the asphalt plant will operate on the site from thelife of the pit to the _duration of the project e & s ionstructionpresently has undercontract with CDOT CDOT Project, Parachute East & West, No. IM 0T0l-164 is located on I-70 beginning atmilepost 68 and ends at milepost 86 5 in Garfield County. The project fras f +o'workingdays'.We a-re requesting that the asphalt plant be allowed to operate on the site for the lula1ion of this Project. The completion date is expected to be appro*imatety December1,2004. Thank you for your consideration in this matter. Sincerely, lly g,?**tet)e''.-/ fuc Ronald E. Tipping """;; ;il;;;::- *:- :=::--::::=:: - :==.:-j til |ffs"ferao"t"o January 2s, 2oo2 | llRodniy C. power I ,,rli ofthc said 'carrnr-^r ' ll colorado rcountvor Mesa andsrarcor I li 668 - 26 Road , llGrand Junction Co 81506 - llof the said canry of Mesa atrd s(are of colorado "-" .; ll _wlTNEss,tharthegcntor(s),forandinoosidmriotrofthesumof t^"t:tt'll One dollar ($1.00) and other ,rfruUf" "onsideration__ i llthe reftipt and sumcicncv of which is h"*uy ".L**1.-&li;;; '"' srmted.bar*pined, *,0 ""0 *-ll- ,------ooir"aits f f9:"" grant'baBain,*il,onr.vrndcon6mintott"]g.*ror,rt"i.heinaudasignsfor"*r.oo,oljrro,*,or,r*"o**",, fjJornrrensnc)',a'rherearpropertv,rogerher*.ithimproremenir,irrrlu""",r,"r"**,ri,",i"'rcr,uorinrenarcyinommonbuiin llCounty of Garf ield and Srate of Coloraao, iocriU.a * fotto*, I il LoP SEE ATTACHED EXHIBIT A, LEGAL DESCRIPTION through or under WIII]R has cxrcutcd this ded on the date set forth above. also knowtr by strct and nunrber as: n/ a assNor's schedule or pael nunrber: ;::'J':'i,:;T,:HTjiT,**::::';fl::,::::,::::.:::-.:.,^':."un,obe,onginsoritranvwiscappcrlai,inB,,herercrsiouill,trlllli;#illjit;:i*,T;tli":;J:,*::*:::::i::.$;;[l'::,':,';:i-x;J.[l'i"iHl':il1: *H',:::-l,r;T*:itiliiTli"i8;"J[::]fl,LTlTi*m*i:::Xi;"J';.fi,::ffi;:ll:J::,;:'"'"':*]il:1.."."1",t: 'Lt"i'Ali,Iir:?J"?i',,5':"'"'i'o 'bo* u"'g''*;";;d;';,:ffH:il*::I;|;'il::""*,,'.'.;:l-lffi: assigns forever. The gmnto(s), for h im "ol f - -* ;"#^": wrur urs appunenancs' unto the grantm, tbeir hcire aird do es_-€{,vilarr"no"g;ih.t he *"i,uno*u,*^oo"* "^,T'I^31T,111 representativcs, successoc aod assignsl**^;*:Hffj::i,,. ::;,".^ *:: il:.:j::1y* d;;';tffixlT[",i'J:ffiHTiJ:,,:,#iil:i: 'ffi::J;H:,il;s'rheirheirsandasigns'againstarrant"*o;;"";;;ffi:iln[[:.:r#:::i; 2002 : l* I dryof January Witn6 my hand and oftcial sql STATE OF CPLORADO County of Mesa The foregoing instrument ws acl<noryledgcd before me $is 28by Rodniy C. Power Mycommisionupr*", b/ i IOAID 'lfio Denvcr, insrt ..City and". SPECIAL WAnMNTY DEED (to Jot.t ltn.ntr) Bhdfnd prbtishios. t743 irrhz* ,.., Dcn*i CO 80202 _ (3OJ) 292_2i&) I 4-98 ioNo.5l5. Rer:3-98. EXIIIBIT A LEGAI, DESCRIP,TION An undlvided 6oz lnterest in ,1, ^ tracr or lanrr ",-,::^": ': t': followins described lanrr: ;:Xll +;n'ii ;: "'l :':,';,,3"8*'i "x . i r; : ii, # g; ; i ,;i i:. i: li L i ;1y,1,- "i ^lti"'i.,1"F. Northwest corn€ ::.:"" South along ihe west line or cr{: a- .,E.O fence eornertllenee along fe' t of said sectlon 34, 1273'0 feet rrrence aloncr ,"::: :' +: desrees 54,, w. 254 - 4 F-^ tl=*'=ii;difftrii ti fff:ff: i;i g, fili',iifi'tr,.n"J ;i;;; ;:n'" s' 37 deqrees ?n- ;: ;;:; ;:::;ri..-"r-i;i; I:::: s'-13 desrees :l' i. i;ilr':::'thence soutlr -ction 34; -7+euo JJ' E' rAJ-'2 feet to the Llesh :l^::1";:;;""i;:l: said sect.lon tlne 268.s reet to rhe ce,rerr.nence along center of river S. jrhence alons ""nt", "r ir"., ;: J; Sff:::: i;; I. 847.s reer; iiiiil: il:lY^;':::: ".{ ;1;;; ii lu ;;;;";: li, f;: 332.? i:::;tr,"n"J i:';;":";tver N' 14 deqre":-l:7-r."zai.s'ru.t i:ffiff: il, jS s;!ffi ii: i: I;l,.;:ti, ' a'r f, r€ trilf u: # sff::ff il, ;. ;ii,i iiii;." ,he cen,er .r c.,.rad. iir;:i! :i:H :il::: :f Ii;:: il: ft desrees !6' r 2sr.7 ree,.,,ence arons centei;; ;i;;; il: ;i;iii;ff ii: fi: ;;;;i f::ii i,Eli.iiti"::li:a:r ii;;il.,i; ffix5: rii ;. i;;:i r::r;."tlrence along center of rit,^F at ^:_urence aron! ";;;;;;;;i;:l ii: Ig 9:g::"= 9!l r. q9.?.s reeri: Pro jection of rrl" N".iil";i":'-f z degrees 47' r.l- 72s. 0 iJIi't"l;^::_;r;^i!n"i.;:: *""n line or Lot"5,:i""iroil'rl, ,r. 7 :-,.. ii:i":.lili]r!liix:rii""H; rsr4-4 reer ro rhe sou,r righr-or-way : *J:: g::i;,iff.:;"3"ii3n,.;ii;-:I l;,3"3:1f5i",i,,, * !,i;1,, .."., ;*::';:'i;';:fi(i='iii'#t ii;:'e r".. i""iil"'iJir'*"=t eorner, feet to the point of neginrrirrg. lEXCEPTING from the above the following: ijA' AlY-nortion of subiect- nr^^-- i p"*5i;'ir ";"i-";oi; T":ii5;'lI. :i:i3= p;" *u;"if n Iniu f;;,raari esz soul,, "".;i: 3[noo|;f';r"[f;3;Eil;";;"i'il5 J"X'", r,o,u,,sfijpby the surveyor general, MarcB. Any portio" ::'.,':l::;:';i::'Elll'il',il:;F3*:.::".:isr:;;: l il=:li ;,:i s5::ili.;i,'i:*;:ll:li'ii.fi l'ii;,:',;n;.t:':F.., i i:'::ii, ;i, i*'r i:'iivl :'i$ili*ilt 'i" [,*lif =;, ;:rFi., :i:;:, c' Any. portlon of _ the subject DrorrprF\, r,.:__ * - .of the NorthtRiver. - -- -,.errv ""a-wJII;.i;"H:::I.l"ilfl"o:;F;il:r":lS,:;:rherly I I I i D. T.lrat portion conveved!:ins 60 feet i" *iail.,.I0, I909 in Book ZS-"-t 1':g:!1,". wlth all waterlappurtenant thereto. to Garfield Countv for _^-: _ j as deserlbed ln {^l:t..:""u-pltrposese"s" - z ei*I;"*::";;i:,'fiS].!Bsrocrober water rLglrts, dltches and ditch rights : County of Garfteld, stat.e of Colorddo 0t \\).t BEdfrlrd Pubti*ilrs, l7t3 Bizce St., ftnw., C! Soml-(103) ?92-25m - lt-ql ,, 442;O{iBKC( cf)rxrr r\(, _ , A- ,A_ _ _- - td.(,,'(lc(lilr / 4< - - | tli.l. g-L:ui__,,.,, ++ 1$$L_ *n**i*'.r roo, Griltr((n'(s)' wynderl La Faye Bishop . DBtt,l.l!"1 I std. Dc,c. Foc whrrscrtldressis 2697 G Road, +Courrty o[ Colorado Grand Junction . State of . ftrr the consideration of , and State of Colorado Crunty of Garf ield n -12a,xv*r.-'.# , arrd State of Mesa Twenty-Five Thousand----rlollars. in hrnd paitl, herehy sell(s) iilr(l .()r{vL:\'{s)!,r ROnald E. tippinct as i oilrt wlrosc legal addrcss is 1967 Broadway, Grand Junction County of Mesa thc folknving rcal pmperty in the Colorado, to wit: An undivided twenty percent (208) interest (beinq all of Grantor's interest) in and to the real property described on Exhibit A, attached hereto and incorporatedherein by reference. Grantor, by this conveyance, further se1ls, conveys, assigns, and transfers to.Grantee all of the Grantorts right, tltle aninterest in and to that certain Oil and Gas Lease betweenUnited Bank of Grand Junction-Downto\,rn, N.A- and WyndeJ-1 LaFaye Bj.shop, as Lessors, and Barrett Energy Cornpany, as Lessee, dated Pebruary 27, 1989, and recorded on March 27,1989, in Book 751 at Page 197 of the records of GarfieldCounty, Colorado. also knorvn by street and nunttrcr trs iI =Ji risi,i EXHIBIT A 641 1 A tract of land situate in Sections 27, 34 and 33 of T' 7 S', C. gO w. of the 6th P.M. and described as follows: Beginning it lne Northwest corner of Section 34, T. 7 S'' R' 96 W' of the 6th P.M., thence south along the west line of said section 34 lZil-O feet io fence corner, thence along fence S' 13"54' H' 254.4 feet, thence along fence S' 15"59't'J- 563'2 feet, thence aiong tence S. 07"29' E-.7?.7 feet, thence along fence S' 23"40' E. 55-B feet, thence along fence S- 37"29' E- 95-9 feet, thence along fence S.73"33'E. 141.2 feet to the West line of said Section 34, thence South along said Section line 268-5 feet to the center of Colorado River, thence along center of river S. 73"55' E. 847.9 feet, thence along cenier of river N' 80o15'E' 229.5 feet, thence along center 0f river N. 56"35'E' 290.7 feet' thence leaving river N. 14"39'I'l. 281.5 feet, thence N' 34"04' E. 87.I feet, thence N. 70"18' E- 254.9 feet, thence N. 20o13' li. 214.5 feet, thence N.75"09'E. 333.2 feet, thence S- 57"01' E. 165.0 feet to the center of Colorado River, thence along center of river N- 43"56' E. 291.7 feet, thence along center of river N. 61"40' E. 579.4 feet, thence along center or river N. 7io34' E. 664.1 feet, thence along center of river N. 22"49' E. 374-3 feet, thence along centel'of river N. 00o32' E- 965.6 feet to the North I.ine of said Section 34, thence along center of river N. 00"06' E. 609.5 feet, thence along center of river N- 12"4/' l,l. 725-0 feet to a projection of the north line of Lot 5' Section 27, 'l - 7 S., R. 96 H- ' 6th P-i'1., thence S. 89"32' hl' 1514.4 feet to the South right-of-uay line of the D&RGl'l Railroad, thence along railroad right-of-way S- 55"3?' l'l- 535-9 feet to the tlest l ine of SEiSI'll of said Section 27, thence S. 01"38' E. 1O2O.2 feet to the Southwest corner of said SEISI,II Section 27, thence S. 89"29' |vl.1291.7 feet to the point of beginning- Together with all vater and water rights,. ditche-s and ditch riqtt= appurtenant to or used in connecti-on with the above described Property. 1 -au ci-) *ll iil f)cnvcl in\erl "C[] ilrd. ei"n ulrl( O norat, ( No. 897- Rer . 12"85. w^RR.\N'rY lll:l:u rshsrr ]b'tru Srdf(ird Puhlashi(8. ll43 kd St.. hnEr. CO S10: *(3O.1) 192'251[* l Ltr &t \u r,o. CotrntY ttf IIESA I- 'l'he iorcgoing instrunrcnt rus acknowledgett lretirre me this hy wyndell La PaYe BishoP. 9-tf day ot' lo/27/gg 10:43 .: a o*oo' HOLY CROSS ENERGY RIG}IT{FWAY EASEMENT KNOWALL MEN BY THES]E PRESENTS' thAt Th€ UNdETsigNCd. HERITNGE TRUST COMPANY' I RUSTEE ;RAiiirluicn-oN oRlHoPEDrc AssooArs PENsloN lhereinafter called 'GrantorJ. for a good and rraluable consider'tion' the receipt whereof is herebv acknarledged' does hfr{ffi:9"*i1xg[.ff *]'t{"gi1ig,,ffi ruffi ifit*"I;P;?Er"#rh?'::H:s A ra., of land lo.ted in sedion 33, Torvmship 7-south, Range_g5 wesi of the 6dr P.M. as more fullv descrrbed in bookS0l atpages16zand36gofiherccordsof*rl'ta.i[i3-corntvcourthouse,Glenwoodsprings'colorado' And. to Cons$uct, reconflruct, enlarge. operate, malntain and remo\,e an ele(tric transmission or dislribution line or system, within the abormenjiin"oi*ai' upon an easement described as follows; An easemenl rwenty (20) feet in width, the centerlinefo'.said eEsement being a power line at constructed' the auproximate tocation or*ni.ri'Lpoi.,h"'ir-u"i. ilrcriu"d p;;p"ttv'i; ;'il;,r 6n exnibit e attached hereto and made a part hereof by reFerence. ,, ,* ,g;H'.t ?iJi"g"Vt *ittt ancito-Ji"ti L"lnttutt"O ourside of the twentv (20) foot easement ill*i'{{'i"{?}il:ii*;ffiiil'ilttffii?i1q#i:qi'"fln''r'rtxrft-r]ffi:i""rdr'iHit*''n And. in addltlon, Grantor hereby gl:rnts lo. Grantee' -*-llo.itt successors and lsslgns' the rldht to clear all trees and brush' hv machine work or otherwise, withitr said easern"tt' *o ''tti iinito iigt't ro cut t-rees' even-rhough outside o{ said JL".-ri. *tti.t are trll enough lo s(rike the wires in talllnq' Grantoragreesthatallpoles'wireandotherfacilitieslnstdredby6ra'tteeonthtabovedesoibedlands'shallremainthe;fi;;lyti.ci;fi, an'a ir'-itLo" remo'able at the option or crantee' Crentor covenails that it is the orvner of the above described lands and that rlre said lands are free and clsxr of il:l;ffiililffi llen; .i ;ffi;;;#;A;' rxce$ nose herd bv ne rorlovdns: ro HAVE AND ro HoLD. said risht-of'w-aY and ^e1iT5*.Y:.tt[::Sl t'l and singular' the rlshts and privileqes I u .AYL Arru r v I rvLU' --'- ;il' l', fttetsors and assigns' foraner'appPrtaining thel€lo. unto Gr?.--//L aqx rNrivrTrFs,syrHFxltl j-"11*_y1th*e/?esents$bedu'-l;reculedo;o"s ,tLt r2 L Z.!a1 t '( .' , -.-. ' ASSOCIATES STATE OF COUNIY OF WO#99-l 5807:2O-33:Una,/Rudd:9-29-99 y'&day or 1L/-u**L.. WTNESS mY hand and official seal' il;;ffi;i;:'6;;,pires:'1 i 1 1 / ;rrtl ii was acknowledged before me thts f i-ru't -as The PATTER.SON. Mdress: SPECIAL WARRANTY DEED l'HlS DEED, r)rade this 25th day of Jruruary, 2001 behveen Norrvest Birilk Colo;ado: Nationhl Associatiott, successor in Crand Junction Ortlropeclic Associates Pension Plan - Willi Fargo Bank Wesg N.A., fomlerly known as rust Company, Trustee FBO known as RockY Mountain WITNESSETH, that tlie Graltor, for and in considemtion of the sum of Three Hundred Trventy Thousand and No/100 Dollars ($120,000.00), the receipt and sufficiency of which is liereby acknowledged' has granted' t*goi*4, sold a.rd co,veyed uod by,tro" p."serrts does_ gmnt, bargain, sell, convey and confirm unto the Grantee, his heirs and assigns, tb,ever, all the real piop.,ry, together with improvements, ifany, situate, lyi.g' and being-in the Co*nty of Gain"ia *,a State of Cotorado, described as follows (tlre "Property"): See attached Exhibit A, Legal Description Also knowrt by str€et ard nutnber as: Vacant Latrd rvitir all appurtenances and subject to real property taxes and assessments for the year of closing and subsequ.ni years; distribution utility easements (includrng cable tv); bgildilg and zoning regulations; matters ;;;;;;ril ue oilclosed by an accurite surv-ey of the Prope4yi covenants, ggnditions, restrictions' leases' ";;il ripru;-f*";, *t.,tqr 1ecor.ded oi noli o1tr.er,matters,o'f record' if any; and rights and claims of ."],"".r,r',rtil;:rr"aeiiio tr,. iigtrr-ora,ryoii6:.t"i*ind unaei ih.m; inctuoing bui'not limited to rights of p"ni,i.r, claims fo-r imprgvSqte$s;9fauus..!9r,re-,9!ulsgnle$,,;9j9$!t9tl1, g!qgn's'and'agreemenls between co- tenants. TOGETI-IER lvith all and singular the hereditaments and apPurtenances thereunto.belongiDg, or-in anYwise opp"rtnini,rg, the reversion uJ"*u"r.ionr, remainder and remainders, rents, issues and profits thereof, and. all the "!,!,i", iigirl'title, inteiest, clainr and demand rvhatsoever of the Grantor, either in law or equity, in and to the above brirgained premises, witlr the hereditaments and appurtenances; TO HAVE AND TO HOLD the said preurises above bargained and described,.with the appurtenances, unto the Cinnt"", his heirs and assigns forrer.'Tl"re Grantor, for itsel[ its successors and assigns does covenant and agree that it shall arrd will WAIr-RANT AND FOREVER DEFEND the above-bargained prernises in tJre quiet and ;;;;i;r;r"rsion of the Grantee, his heirs and assigns, against all and every person or persons clairning the whole o. uuy part thereof, by, through or under the Grantor' Wells Fargo Bank West, N.A., has executed t[ris deed not personally but solely as Truptee of the Rocky Mou[tain Ortnopoeal" Associates Felsiol Plan - Patterson. Therefoie, Grantee waives iury clairn or riglrt to proceed for the "nioiJ.,n"nt of aly of his rig5ts lrereunder against Wells Fargo Bank West, N.A', in its individual capacity. Tlris Special Warmuty Deed is given in connection with a Trust Affidavit recorded contelnporalleously herervitlr. INwITNESSw}'{EREoFtlreGrantor1tasexpcutedtlrisdeedonthedqiesetforthq!9i/9' Welts Fargo Bank West" N.A., fonnerly krrolvn a!'Nonvest Batrk Colorado, National Associaiion, strccessot in interest to Herilage Trpsi Compiny, Trusteo FBO Grand Junction Orrhopedic Associates Pension Plan'William R. Patterson, now known as Rocky Mountain Orthopaedic Associates P.C' ;ii*dffi;;;i'*;c .1,'ion nrul = nllsTol::i ry-l?"Td.i"lY""t,Pr,ilY:!::llili;q1,:"i"itl?':|Il::,':.T; il#;;';$,;"iti;;il, *i,"," [e"r,a;,"'. is z4ti F Road, s.,it" e]cmna runction' co 8r 505 By: Nanre: STATEOFCOLORADO ) ) ss. CITYANDCOUNTYOFDENVER ) The foregoipg iustrument was acknowledged before me tltis 25th day of January, 2001 by Linda Synnefakis as Trust Officer of Welts Fargo Bank Wes! N.A., formqrty kno*n as,Nerwest Barrk Colorado, National Asso_ciation, successor in ilterest tq Heritage Trust Compar.ry; Trustee FBO Grand Junction OrthoppQig Associates P_ensio! Plan - William R. Pattemon, no as Rpcky MountainrOriliopaedic Assooiatps P"C. pensjqn {l3n ; ,54 1D.v ,gTAB y' My conrmission expires MY E)(PIRf,S: Lirtrlt Ul,tlfULI U Mrlt t! [Ii' t![i i !ilf .# i'Ii'i n-rs.oo D 32.40 GoRFIELD couNTY c0 ] . , Ou*nrr* A LEGAL DESCRI?TION An und.ivided 808 interest in the following described land: N UI__:-$$- N5- Eo-N: aoll.NI3;-o-g(9- o-l$ P- 'P-6orN-6'DI 7@:IS-m(r-tro--r-oN-o5:c ==t--{ --<D:r--()o- -X- ali_ - A tract of land situate in Section 27 ' 34 and 33- of Township 7 south, Range se,o"J[l-"t irr" 6th p.M. and described as follows: Beginning at the Nliin'""t corner of section 34' T' 7 s- ' R' 96 !'I ., of the 6th P.M.; thence south.rorrg'il.,u west line of saiil section 34. 1273.0 feet to fence corneri thence along fence S' 13 degrees :1" '' 254'4 feet; tii."". alon| fence s. 16 itegrees ::' w' 563'2 feet; irr""." aton! fence s' 07 degrees ??' E- 72'7 feeti thence along fence S' 23 degrees 19' "' 55'B feet; thence along fence S. 37 degrees ?:' u' 95'9 feet; thence alons renc! ;: ;i e;;;;;; 33r E' r4L'2 reet to the west line of said Section 34:' thence south .fo.ri-="ia Section line 268'5 feet to the center of Colorado River' thence alons c"ntlr of river s'11 degrees !!: I' 117'9 feet; thence along cent;; "i ti'"' N' 80 degrees l:: I' 229'5 feet; thence along cent;; "i ti"tt N' 56 ctegrees^35'-E' 290'7 feeti il;;;; i;;;ite river N' 14 desrees 3er t.l' 2Br'5 feet; itru.r". N. 34 iegrees 04' E' B?'1 feet; iii.""" N. ?0 degrees IB' E' 254'9 feet; tfr"^"" N. 20 degrees 13'Vl' 214'5 feet; in..". N. ?5 degrees 09t E' 333'2 feet; thence s. 57 a"qtIII 6i'n' 165'0 feet to the center of colorado River i .- thence along center of river N' 11 degrees !9: q' 291'7 feett thence along cent;; "i ti""i N' 61 clegrees 1q: !'s79'4 feet; thence aroner """i!i "? iit'"t N'l1 desrees 11: I' 664"1 feet; thence along ""ttIi "i ti"t:r N' ?? desrees 1?: !' 374'3 feet; thence along ""t[Il "i ti""t N' 00 degrees 32'F ' 965'6 feet to the North line of saitl Section 34; thence aIons.""i"i-"i ii'"t N' 00 degrees 99: I' 999'5 feet; thenee along "".,i.i oi iit'"t N' 12 deqrrees 47' I{' ^725'0 feet to a piojectioi of iire Nottit line of Lot 5' section 27' T' 7 s" R. 96 I^I., 6th P.M- i thence s. gg a"g."!= 32'W. 1514.4 feet to the south right-of-way line of the D&RGW Railroad i -- - 535'9 thence along raiiroad right-of.-w"Y S. 55 degrees,l2' I{' llXlPl teeL io ttr" west-line of SEl/a Si{1/4 of said Section 27; ii".r." S. 0I degrees 3Bi f. LA2O.2 feet to the Southwest corner of said SEL/4 swL/4 Section 27; thence s. 89 degiees zgt w. L2g7-7 feet to the Point of Beginning' EXCEPTING from the above the following: A. Any portion of subject property lying outside of the boundaries of llts 2, 3 or 4 5f section 34. Township 7 South' Range 96 west of the 6th P.M-, according to the map of Township 7 South, nange 96 West of the 6th P'M" examined and approved by the "otrr"yot general, March 12, 1890' at Denver' Colorado' B.Anyportionofsubjectpropertylyingoutsideoftheboundaryof Lot 5 of Sectioi Zl,-rownship 7 South, R119"-96 lVest of the 5th P.M. r according to the map of Township 7 Southr Range 95 west of the 6th P-M:, examined and approved Lry the Surveyor Genera}, March 12, 1890, at Denver, Colorado' C. Any portion of the subject property lyllg Easterly and Southerly of the Northerly and tf6sterly meander line of the Colorado River. D. That portion conveyed to Garfield County for road purposes being 60 feet in widtn as d.escribed in Deed recorded October . iO. iSOg in Book 79 at Page 285 as Reception No' 38312' Togetherwithallwaterrwaterrights,ditchesandditchrights appurtenant thereto- County of Garfield, State of Colorado r9ia 243 A707 -170 O GRAND JUNCTION PIPE & SUPPLY COMPAI\IY CONCRETE PIPE & PRECAST DIWSION An Equal Opportunity Ernployer 2868 I-7O Business Loop - Grand Junction, Co. E1501 - 97O -U3-4604 - Fex 97&243-6743 ro: '.#r*i':'Z*i. FRoM:Ea #|t PHONE #FAX#q7o-}ea-3ruro DATE: z-zs-&#OFPAGESTOFOLLOW I SUBJECT: rJrra J>i*- t^olt'i Fr'.,- 6trfi'1) Gu't'r Zanu)ssi<:mr AA.J ltiry LA."I* ****:t*****?t* ?t*****:t*tt* **:trc*?t**********rkrr ****it* **r( *:t*f(* COMMENTS: 200\ I OD aI :aHcoIEHLr)| =ar:Lf), u I Lafi ' u(JrEC4 lo,g G'= url>- =& Iua J =roIE6l6'<t;rO r o,d lq G10 lo,,= lo tl>:6lo q =G,,= I q l-,=x '-ell<&Lrgl =l,E tr'61 ;urai<lr !o ;=1a\zro I EisLYo l6 i<G(5 g 4 lr,6 I J 1E,G <E ct =acI,=v) F fr.\, I I k$qlr i atr ))oo O? OO ,d : @ 1 ; l I o-[oroo-rIa<(tr!:Zr @1llto)cr !co\(o J6J r!r o Gqaio-a(-ol ol,ul ij" )ac zF_ i6 Noo o0 OIOI-l oIl-l !- rd 5--ot(u LL t t I ulG o- UIFO Haclc2uococ ZNo:t-(otzl)'? oz Go I 0rlc)t LL c',C aa o)(-)ot-o- 4z Fiz tr oo E do F]I fr] B Y!F.qLitI () lvrI !ir..tlffi I !.n lr ,-.r frl lH* lH"ltijts \C) plcl =lol .(Jl !l -lq)l.rl c-l kl(5[ I I I I I b UJ CEItll BEB o rO o oo 2orF!otZ )l -o)zl<icro J {,,c r-L.l 6rflo rLJ el o aa t= rfl LN LN ul -lo t=A 6o- o ui 8662'069-888' ss3ud uoluSdns - H )1 (9 '--zz 5.03.04 5.03.05 5.03.06 5.03.065 Aircraft Landing Strip: Such strip may notbe in conflictwith any reservation, regulation or requirements of the Federal Aviation Administration. Airport. Utility: Such airport shall be approved by the Federal Aviation Administration. Aimort. Air Carrier: Such airport shall be approved by the Federal Aviation Administration. Veterinary Clinic: Ct Aiitrffiffid stable facilities attached to a clinic shall comply with all standards of a kennel and riding stable. (A. 94-148) s.03.07 Industrial Operations : Industrial fabrication, industrial support facilities 'salvage yard, access routes and utilitY li perm (l) The applicant for a permit for industrial operations shall prepare and submit to the irtanning Diiector ten (10) iopies of an impact statement on the proposed use describing its location] scope, design'and construction schedule, including an explalation .of its operational chaiacteriltics. One ( I ) copy of the impact statement shall be filed with the Clunty Commissioners by the Pdiling birector. The impact statement shall address the following: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; (C) Impacts on wildlife and domestic animals through -the creation of hazardous attiaitions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruPtions; (D) Affirmatively show the impacts of truck and automobile haffic to and from such uses and their impacts to areas in the County; (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution (2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation mustbe approved by the County Commissioners before a permit for conditional or special use will be issued; (B) The County Commissioners may require security before a permit for special or conditional use ii issued, if required. The applicant shall fumish evidence of a bank commihnent of credit, bond, ceitified check or other security deemed acceptable by the Counfy Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance withthe specifications and construction ichedule established o. upp.or"d by the CountyCommissioners. Such commitments, bonds or check shall be payable to and held by thlCounty Commissioners; (C) Impacts set forth in the impact statement and compliance with the standardscontained in Section 5.03.0g of this Resolution. (A. 93_061) ' 5'03'08 Industrial Pgrformalce Standaglq: All industrial operations in the County shall comply withapplicable County, State, and Federal regulations regulating water, air una niir" p'oliution and shall not be conducted in a manner constituting a-prbtic iuisance or hazard. Operations shall be conducted in such a manner as to minimiie heat, dust, smoke, vibration, glare andodor and all other undesirable environmental effects beyond the boundaries of the"properryin which such uses are located, in accord with the following standards; (l)erated shall comply with the standards set forth in the ColoradoRevised Statutes at time any new application is made. (A. 93-061) (2): every use shall be so operated that the ground vibration andrecurr^ently generated is not perceptible, without instrumenjs, at any point ofany boundary line of the property on which the use is located; (3)use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4)use shall be so operated that it does wrur! uv@r, tsrors' rdur.lrlurr ul luIIlcS wnlcn Suostantlally lnteftefe Wlth the exlstlng use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gase{ or furmes whirich ially interfere with the existing aircraft warning signals, reflective painting of storage tanks, or other such operatioo. irni.t lnay be required by law as safety or air pollution control measures shall be exempted from this provision; (:,^-'alvageyard,sanitarylandfillandmineralwastedisposalareas:(A97-tt2) (A explosive solids or gases shall be in accordance with -tccepted standards and laws and shall comply with the national, state and local fire codesi,I toff jpn t7 -l ferred zy Eqr ls: (A1 trans t2) may be ; (A97-l\ and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; llii_tt'21 from adjacent property; (A97-112) of the Commissioners, al ing or wall such form or mannerr' (c){ff /that thev lo, ror.", \s;,m ill only be allowed subject to (A) and (C) above and G) mmiof storage area shall be pointed downward and inward to theproperfy center and shaded to prevent direct refl-ection on adjacent property (A97 -llz) (E) Any acres ln (6) Screening may-include berming. landscaping, sight obscuring fencing or a combination of any of these methods. 1:-*:f^r:e1jr^Tg^ryTl:,r"ryf ,1ctiv1t11 requiring rhe usc of equipmenr rhar willgeneraicnbise, odors orglare beyond ite p'roper"ty u"r;A*,ej;fii-bi conducteawtthrn a burlding or outdoors during the hours ol8 a.m. to 6 p.m.. Mon.-Fri. shall be conducted on private property tc nght-ol-way. shall not exceed ten (10) #apmtimm' in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. 5.03.09 5.03.10 AII percolation tests.or ground water resource tests as may be required by local or StateHealth otticers must be met before operation of the facilities may'begln. Uses Not ltelnized: Upon application or on its own initiative. the Countv Commissionersmay. by resolution, add to the uses listed lor aZoninp, Districi any other iimilar use whichconforms to the conditions set forth in the following"special findings: ( I ) Such use is appropriate to the physiographic and general environmental character ofth6 Disrrict to which'it i! added; e ' (?) . Such use does not create any more hazard to or alteration of the natural environmentthan the minimum amount normalfy resulting from the otheiuiii p]r-ittea i, ttre Dlitrliiiowhich it is added; (l) Such usedoesnot create any more offensive noise, vibration. dust, heat, smoke, odor,glare or otherobjectionable influi:nces or more traffiC tiaziidr-it dn ih" minimum i-ouninormally resulting fiom the other uses permitted in the district to which it is added; (4). . Such use is compatible to the uses existing and permitted in the district to which it isadded. In colJ.sidering whether a use should be added to those uses listed for a zonins district. the *gPldl, procedure shall be thal of text amendme.nt consideration. which -ay 6e combined,ll the proposed^use is to be conditionalor special, with the conditional or sp6cial use pe.miiprocedure set forth herein. (A. 80-180) @l ang Spgciat Usee: Uses listed as Conditional underthe appropriate ?one. District Regulation-FalTEe pennitted based on compliance wittr the reolu'irerirentillsted herern; where uses are listed as Special Uses, they shall be permitted only: (l)Based on compliance with all requirements listed herein, and; is not a platted subdivision. 2,]04 Grand Junction Pipe & Supply Company AN EOUAL OPPORIUNITY EMPLOYER 2a68L7O BusinessLoop'P.O.Box1849 - GrandJunction,Colorado8l5O2 . 970/243-4604.FAX 970/24l-6622 February 25,2004 Jim Hardcastle Garfield County Building & Planning Department 108 81h Street, Suite 201 Glenwood Springs, Co 81601 RE: Una Pit Dear Mr. Hardcastle: Enclosed please find two Special Use Permit applications signed by the other two property owners. If you should need any additional information, please do not hesitate to call me. Sincerely, .f( )- c:- Edward J. Settle, P.E. o6/tvta--- "t*rLQ c @ [4,,{ ry, .uar:: o fvtfiVN #' h/ D'tru- /u['hltWa-, /"r&bh"r/ MEMORANDUM TO: Board of County Commissioners FROM: Building & Planning Department, Jim Hardcastle RE: Special use Permit for RodneyffigruffiS, andRonaldm DATE: February 25, 2004 OUp Backgroundffi.*l'ff"-Tf":'ffi,tfilffi ll: 023ac- intersection of US Highway 6 and 24 and County Road 300. The owners request the addition of a W@ augmenting the current extraction "p"."tir^;;;;;il; @ . Thi; request also includes _- , ^ [ the option to erect the plant on an as-needed basis and in different locations o., ih. site based on ZI fe?rtd\ mining progress in the future. The use for the existing permit is^allowed by Special Use Permit. 9,oz 'o 3" The site consists of 223.13 acres and is zoned AgriculturallResidential/Rural Densrty. Most of the sand and gravel removed from this site has been used in the construction of lnterstate 70. The property is owned by Rodney Powers, Bill Patterson, and Ronald Tipping and the facility is operated by Grand Junction Pipe & Supply Company. The proposal is based on a bid recently awarded by the State of Colorado. Request The zoning code provides the Board with the option of relerring Special Use Permits to the Planninsgggr,ll thetr teco.ryg4tqLi" g Resolution of'1978, as amended. rv The Board of County Commissioners may choose to send this request to the Planning Commission because of the intensive use of the propg4y, the high impact and nature of the current operations, -theirassociatedi@cationtoavarietyofadjacentuses. Board Options The Board may refer the application to the Planning Commission for a recommendation or direct Staffto bring the request directly to the Board for their review and decision. {,5 sa/ /1// aaz -i- Gc suP llAR-03-2004 l,lED 11 136 All FA)( NO,P, 02/02 #A&SCONSTRUCTIONCO. Ary and Sons P.o. Box 566 ' cafion city, colorado g121s-0s66 . 719-2ts-4sss Irlrrclr 3,2.004 ( i*rlir:lcl County I iui klirrg & ['lannirrg Dcpartment r\tttr: Jirrr Ilu'dcastlc, Senior Planner 108 8'l' Strecl, Suitc 201 (ilc.rrr,vuod Sprirrgs, CO 81601 Ii I i: Sper:ial [Jsc Pernrit for Una Gravel Pit l)r:;rr litall, 'l lris lctlcr is to rcqtrest thc opportunity to be heard in front of the Garfield County (.krrruriissiorl$1s lLrgarding the Special Use permit for Una Gravel pit. The special Use l)t-t'rttil is sutrnriltcd to allow the use of a Hot Mix Asphalt Plant at the tJna Gravel Pit. A .t: Ii Conslrur:lion Co. is working with the owners of the property on a Colorado l)r}.rrtntcnt ol'l'rarmportation highway construction project on Interstats 70. We were t'xrt itwrttc ot'thc tnccting hcld on March 1,2004, to discuss the permit applicalion with lhc County Coltttnissitrners. We request to be heard at the rneeting Marcfi 8,2004, at irJ)l)ft)xirnately, to discuss the above mentioned permit application. 'l ltr: latnlowncr will submit a separatc lcttcr giving consent to A & S Construction Co. to rl i..;rrr lsl; tlrc pr...rurit applicat ion. Itltxisc call lr'unisc Conzales or John P. Ary ifyou have any questions or require futther irrlirrrnaiiorr. 'I hank you fbr your assistanee with this matter. liiru:crcly, ,,,1dr,,,*r, l)crrisr: Go n &. S (lonstruttion Co. C.r:. tld Settle, Grand Junction ptpe & Supply We are an equal opportunity employer A&SCOffSTRUCTIONCO. Ary and Sons P.O, Box 566 . Ca6on Cily, Colorado 81215-0566 . 719-275-4555 lr{arch 3,2004 (inrI'irild County Iluitdirig & Planning f)cpartment -{tttr: }irrt ilardcastlc, Senior Planner l0[t 8rh Strect, suitc 201 (il+nu,r>otl Springs, CO 81601 Ii l!: Spec.iol Usc Perrnit for Una Gravel Pit Ilc;rr Stali, 'l'his [:ttcr is to rcqnest thc opportunity to be head in front of thc Garfield County (irinrnissiorrcrs rc6iarding the Special Use Permit for Una Gravel Pit. The Special Use l)rrtntit is suirnrittcd to allow the use of a Hot Mix Asphalt Plant at the [Jna Gravel Pit. A 8: S Corstrut:tion Co. is working with rhe owners of the property on a Colorado lltpilrtntcnt of1'rarrsportation highway construction project on Interstate 70" We were ntrt irr:nrc ofthc rncctinghcld on March 1,2004, to discuss the permit applicarionwith tlrL: Coun{y Cor:unissioRers. We request to be heard at ttre rvreeting Mareh 8, 2004, at tr1:pruxirnalcly, to discuss the above mentioned permit application. 'l'lrr: larxlorvncr will submit a separate lcttcr giving consent to A & S Construction Co. to cl issrrss thc pr.:rurit applicat ion. Ill*itsc callllenise Gonzales or John P. Ary ifyou have any questions or require further inti:rnutiorr. "l hank you fbr your assis{anee with this matter. liirrr:ctcly, ,'jd*.)r/H; t.fe,risr: <:onfnt** A & S (lonstrut'.tion Co. (l .r:, l'.d Scttle, Grand Junction Pipe & Supply We are an equal opportunity employer llAR-03-2004 l,lED l1 :36 AI'l FAX NO, A&S STRUCTIOIT ry and Sons Cafron Cily, Colorado 8121S-0S66 . 719-Z7S-4SS5 rAx .7L9_275_8897 O COIT A o CO, P, 01/D? 11. o.Box 566 . 200\ [:ACSI }II L E 1' R.,I.NS]\I I TIAL S}I E ET r,OUR R.]!FEA,EN(E NU^IN E RI ." " /,l o *, .G.or ru l: fr i-*Sgt rL jl;;ru;.';" L }(,..t,,r,, ,("- RE'rE\r' u prer.se co\rrtENr fJ pLc-rse Re.*'D rt,easg REcrcr-E t"U - o,u- - e&* * "rt*- h,rt- LttuF-- ,---Yh^Lo) ."' - i.-{,w il*d-en#lt --'!D"* K --€D*ilss- (-ii.r,1 l!,{ri)'.jk, * t l- &,**$ fk*";,^#,r-*l*1*n{"-,- - ?:lil ,v84 -3'{70 --2--5 ENDER'S REE-Ui.E-\ CE "- U.tt nfii'ill]\ij Nt::luE;L i.ir) f l; j/{:r)l(tu: :i'fs' 243 6703 b 100\ Grand Junction Pipe & Supply Company A}T FCUAI OPPCRTUN,TY EVP'.CV:P 2A6At.7O BusisressLoop . P-O. Box 1849 - GraadJuncti,oa, ColoradoSf SOA . 970/243-4604 = FAX 970/Z4l-6622 March 3 2004 Garfield County Building & Planning Department Att: Jim Hardcastle 108 8'h Street, Suite 201 Glenwood Springs, CO 81061 RE: Special Use Permit for Una Gravel Pit, Consent Letter for A & S Construction Co. Dear Mr. Hardcastle: This letter is in response to A & S Construction Co. requesting to be heard by the Garfield County Commissioners rsgarding the Una Gravel Pit Special Use Perrnit application. The property owners give consent for A & S Constnrction Co. to be heard in front ofthe Garfield Coyp,t;1. Cornmissioners to respond to the application mentioned above. If you have any questions please contact Ed Settle at (970) 243'4ffi4. :3-3-o4 t !-$-.cd Date '3-'S -o 4 William Patterson, Owner Date Rodney {o{er, 3- 3 04i 12t44PMiG')P i pe Ud TO: FROM: RE: DATE: MEMORANDUM Board of County Commissioners Building & Planning Department, Jim Hardcastle Special Use Permit for Rodney Powers, Bill Patterson, and Ronald Tipping b,2cct1 Background On March 1,2004, The Board of County Commissioners chose to refer this request to the Planning Commission for a public hearing. Request Representatives from A & S Construction Co. request a reconsideration of a referral to the Planning Commission of a Special Use Permit request for a temporary asphalt plant at the Una Gravel Pit. The Building and Planning Department is awaiting a consent letter from the three (3) applicants to permit A & S Construction Co. to discuss this application The zoning code provides the Board with the option of referring Special Use Permits to the Planning Commission for their recommendation in a public hearing as per Section 9.03 of the Zorung Resolution of 1978, as amended. Site Information The Building and Planning Department has received an application for a Special Use Permit for the currently operating Una Gravel Pit located 4.5 miles southwest of Parachute, southeast of the intersection of US Highway 6 and 24 and County Road 300. The owners request the addition of a temporary, portable hot mix asphalt plant, augmenting the current extraction operations, to produce overlay material for an 18 mile segment on Interstate 70 east of Parachute. This request also includes the option to erect the plant on an as-needed basis and in different locations on the site based on mining progress in the future. The use for the existing permit is allowed by Special Use Permit. The site consists of 223.13 acres and is zoned AgriculturaVResidential,/Rural Density. Most of the sand and gravel removed from this site has been used in the construction of Interstate 70. The property is owned by Rodney Powers, Bill Patterson, and Ronald Tipping and the facility is operated by Grand Junction Pipe & Supply Company. The proposal is based on a bid recently awarded by the State of Colorado to A & S Construction Co. &o t(,lod.e I ffi6ob,fi;#rnf,- {7c" 8/^//@/; I fr,,,,rr'rt ,PrrJ r,Q"/fJat,Ln;t*'?. I;,oFrry,t ru)"ut* J*r*to*ANDUM C*t Board of CountY Commissioners + Building & Planning Department' Jim Hardc ^t"{*fiH - Special Use Permit for Rodney Powers' Bill Patterson' and Site Information The Building and pranning Department has received an application for.a Special use Permit for the currentry operating una GraJpii-r""""a +.s -,"r r"uthwest of parachute, southeast of the intersection of US Highway 6 and24 andcounty Road 300. The owners request the addition of a temporary, portable hoJ mrx "rr#;il uoe*"r,1i"e the current extraction operations' to produce or".Ll;i;.rrr for an i;;i";;;."r't on rrrizrrtate 70 east of parachute' This request also includes the option to erect the plant orgl *-"".J9;;t: :.d in $erent locations on the site based on mining progress i"ai"'rua*". The use for the existing permit is allowed by Special Use permit. The siie consist "ofiiilu"r., and is 'o""J^gti"uliuraVResidentiaVRural Density. Most of the sand a1d g;; removed from this site has been used in the construction of Interstate 70. The property * "r*LJby Rodney Powers, Bill Patterson' and Ronald ripping and the facility is operated by Grand i*"ti"' Pipe & S"ppry Ct1np*y. T* proposal is based on a bid recenilv u#*a"o uvirre st"t" "i c"'o'pdo " " U, ffi rUt /r,*7m-fM;^- ffi,;'{'- 1u''+*l;+ia1ffio3u r'PPine DATE:March 3,2004 Background on March 1,*OO4,The Board of county commissioners chose to refer this request to the Pil;g Commission for a public hearing' l-U.,nyx' ,hl" t^ ery Request -r--^+r^a r^^ renrreqf a reconsideration of a referral to the ffi,f :'m*:nt*3,C;'TJffJ,;;,,,q;'T;}jjffl :TH;ffi asphat'lrlan'la'ltheUna Gravel pit. The Building and Planning o"p**""t it '*.'1i'e i to**t^tttter from the three (3) applicarrtstopermitnasConstructio,d-..discussthisa[p[cation%, W RECEIVED MAR 0 I 2004 3fiS'l[l?33H$Gr.r,d Junction pipe& supply company 2868l-ToBusiness Loop - p.o. Box ta4s - J:trTilIil::}r:Y:::,l, soz . sro/z4s-46o4 - FAxszo/z4r-6622 March 9,2004 Jim Hardcastle Garfield County Building & Planning f)epartment 108 8th Street, Suite 201 Glenwood Springg CO 81601 RE: Una Pit Special Use Permit Dear Mr. Hardcastle: We are requesting a change in the time the asphalt plant will operate on the site from the life of the pit to the duration of the project A & S Construction presently has under contract with CDOT. CDOT Project, Parachute East & West, No. IM 0701-164 is located on [-70 beginning at milepost 68 and ends at milepost 86.5 in Garfield County, The Project has 140 working days. We are requesting that the asphalt plant be allowed to operate on the site for the duration of this Project. The completion date is expected to be approximately December 1,2004. Thank you for your consideration in this matter. Sincerely, rry ?-.?^#.ett*'---z Yhnii;y.Patterson,,,1 .&''u 1rJ&'s-t-- Rodney c P/*", o 243 6703i:::I3 S-04; 1 :35PM;GJ Pi pe PUBLIC NOTICE TAKE NOTICE that Grand Junction Pipe & Supply have applied to the Board of County Commissioners, Garfield County, State of Colorado, for a Temporary Hot Batch Asphalt Plant, in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: Please See Attached Practical Description: 4.5 miles Southwest of Parachute, Southeast of the intersection of CR 300 and Hwy 6 &Hwy 24 The special use permit would allow the applicant to operate a Temporary Hot Batch Asphalt Plant in connection with an existing Special Use Permit for a gravel and sand extraction facility. All persons affected by the proposed special use permit are invited to appear and state their views, protests or support. Ifyou can not appear personally at such hearing, then you are urged to state your views by letter, as the Board ofCounty Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or denythe request for the special use permit. The application may be reviewed at the office ofthe Planning Department located at 108 8th Street, Suite 201, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for the 12'h day of April, 2004,at 1:15 P.M., in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 3) The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that if remains posted until and during the date of the hearing. The public hearing will be held at the Garfield County Plaza Building in the Commissioners Room on the first floor. The address is 108 8th Street, Glenwood Springs, Colorado 81601. Do not hesitate to contact this office in the event you have any questions. Sincerely, Jim Hardcastle, Senior Planner encl. Public Notice to be mailed and published 2 o March 9,2004 Ed Settle P.O. Box 1849 Grand Junction, Colorado 81506 RE: special use Permit for a Temporary Hot Batch Asphatt plant Dear Mr. Settle, Thank you for the Application you have submitted to this office regarding your Special Use permit for a Temporaly Hot Batch Asphalt Plant. I am writing this lettei to inForm you that the GarfieldCounty Building and Planning Department has determined your application to be Technicolly Complete. Please note, this determination is not a determination of approval. It only means you havesubmitted the information necessary to conduct a substantive review. Staff has scheduled your request to be heard by the Board of County Commissioners as a public hearing ontheir regularly scheduled meeting date ofAprill2,2004at l:15 p.M. I have includedthepublic notice form which you are required to mail and publish according to the language below. Inaddition, I have placed a completed poster sign for you to pick up at out-office at the front counter.You will post this sign at the property according to the language below regarding posting notice. Please submit 12 copies of all the information you provided to Staffin your application so that wemay provide them to the appropriate referral agencies and the Board of County'Commissioners fortheir review. Staffwill need to have these copies within the next 3-5 working iays for this meeting date of Aprtl12,2004. Please review the public notice requirements below. Please Note: Proner noticing is vour responsibilitv. l) Notice by publication, including the name ofthe applicant, description ofthe subject lot, adescription ofthe proposed use and nature ofthe hearing, and the date, time and place forthe hearing shall be given once in a newspaper ofgeneral circulation in thai portion oithe County in which the subject property is located at least thirty (30) but not more than sixty (60) daysprior to the date of such hearing, and proofofpublication shall be presented at hearing by theapplicant. 2) Notice by mail, containing ffirmation as described under paragraph (1) above, shall be -