HomeMy WebLinkAbout2.0 BOCC Staff Report 04.12.2004Exhibits for Rodney Powers, Bill Patterson, and Ronald Tipping and Grand Junction pipe
and Supply SUP Public Hearing held on April 12,2004
A Mail Receipts
B Proof of Publication
C Garfield County Zoning Regulations of 1978, as amended
D Garfield County Comprehensive plan of 2000
E Application-
F Staff Memorandum
G Garfield County Road & Bridge Department
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BOCC 04t12/04
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PROJECT INFORMATION AND STAFF COMMENTS
REOUEST
SITE SIZE
WATER
SEWER
EXISTING ZONING
SUROUNDING ZONING
Special Use Permit request for a temporary, portable hot
mix asphalt batch plant at the Una Gravel pit
Hnd"RonafdTffiing
,A&SConstruction
wY 6 &24
Bottled Water
Portable Toilets
f,'u., 4f a?{ -
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proposed use. Tlffi*ffi;r , s curently operational gravel and runj I' extraction site has been used in the construction of Interstate 70. The originat sup upp.oua *uj I/ s,ainedin Anril oli# t?-*o' IrN '*+f&, I
ffiff #;dlf*::#l#*tu$,ffi r*,#*j*l,.#Wl
]:i*lu#=iyilifi t"H;l;rumh'Jm@"#,'":"*ff :f :*7plant include: liquid asphalt and diesel fu.I ,to.ug", air filtering controls (baghouse), aggregate feedbins, mixer, conveyors, lime silo, truck loading Jquipment, power supply and distribution.
II. STTE DESCRIPTION
I
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UI. Existing Activities
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production are typically conducted in phases.
following uses or activities occur:
Each of the phases includes a staging area where
. Processed material stockpiling. portable scale. Recycled materials stockpiling. Office and lab trailer parking. Portable fuel storage. Equipment parking and maintenance. Tool storage and Maintenance. Portable toilet
The first step of each mining process phase will be the removal of zero to six inches of topsoil. Thetopsoil will be removed using ,".up"ir, loaders and dump trucks and stored in stockpiles near theidentified mining area and will be used for during the reclamation phase of the mine. once the topsoilhas been removed, the overburden removal pro-cess will begin. As was the case with the topsoilremoval' overburden will be excavated using scrapers, loadeis, and dump trucks. overburden wilialso be stockpiled near the extraction area irieparate siockpiles from the topsoil. To prevent erosion,the stockpiles will be seeded within 12 months of establishment with yellow sweet clover at a rate ofthree pounds ofpure live seed per acre. Herbicides will be applied annually to control weed growthon the stockpiles, (see "weed control" later in this report). att of th" stoctpltea overburden willultimately be used in the reclamation process.
Setbacks between the mining area and the permit boundary have been maintained to protect theintegrity of the adjoining land. The sand and grur.t ,ririrrg process will be conducted using loaders,andlor excavators. Blasting of the resource is not necessa[r. Harl trucks will transport the resourceto the nearby crushing and screening ar€a located adjacentio each of the phased extraction areas, orthe ultimate delivery site. The crushed and screenei material will then Le loaded, transported andstockpiled nearby
crushing and stockpile areas - The excavated gravel resource is crushed and stockpiled according tosize in an area near the extraction site. Maxiium processing is approximately 4,000 tons per day.since a portable crusher is used, the location ofihe crushing operution cha.rg"s as the miningproceeds across each of the mining areas. Crushing apparatus will be operated under the stipulationscontained within the construction (Air) Permit irri.d fv tr," colorado Department of public Healthand Environment' Used asphalt pavement and concreterubble is also stockpiled within the miningarea for future crushing' once the asphalt and concrete are crushed to proper size, it is stockpiled foruse as recycled materials in new construction. occasionally, soil that has been determined to be freeofdebris and inert may be brought to the site and stockpiiei for use in construction related activitiesor for the reclamation efforts.
Sub-surface investigations within the mining area revealed the nature of the aggregate deposit. Theaverage 25 foot thick sand and gravel layer is a river deposit overlaid with two to five feet ofoverburden soil' The resource is situated on top ora retuii*i'ely flat layer of shale bedrock. Groundwater is encountered between five and ten feet below the mean ground elevation.
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Based on the information presented herein, in conjunction with past aggregated needs in the area, it isforecasted that the gravel will be depleted in about 50 years. It should be pointed out that forecastsare based on current and past information. Inherent with any forecast is a degree of uncertainty.Several factors affect the total life of most sand and gravel operations. Most notable is thesurrounding communities' future aggregate needs. other factors include:
l. Local, State, and Federal Economic Trends2. Future Local Growth Trends3. Major Public and private Improvement projects _o Rail and Airport Improvementso School Buildingso GovernmentalBuildings
o Major Commercial Buildings
IV REFERRALS
Staff referred the application out to the
a.
b.
following review agencies and or County Departments:
fo* orIF;: No comments received.
screening and crushing unit
v.COMPREHENSIVE PLAN
The property lies within Study Area 3 and is designated on the proposed land use map as: privatelyowned Lands with site specific use limitatior, ,uih as: floodpliin,-slope horord, soils hazard, septicconstraints' or surficial geology (mud/low, debrisfan). rne eppu"uni, p.oporui i, indu.trial whichis consistent with the present designaiion.
within the written text of the Garfield county comprehensive plan of 2000, consider the followingGoals, Objectives, and policies that apply to the proposal:
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Garfield county w.ill encourage the long-term commercial and industrial development of adiversified industrial base foi the county which recognizes the human resources, naturalresources' and physical location-to-market
.capubilities-oy tn" community, and which furtherrecognizes ond addresses the sociql and envirinmental iipacts of industrial uses.
Uaffrcspruc'
The proposed use is airitical link in supportio State of colorado capital improvement effortswhich are a significant component in the county's economic *.ifur". This proposed usewould serve to further support the commercial goals and objectives of Garfield county byproviding base materials for the ongoing and cintinued maintenance and construction ofInterstate 70. This item has been met.
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ensure rlr royr*erciar. ynd
uses and mitigate impacts identified during the pian rrh", pro":;;;.'-"'- '
staff Response: The property is located in rural and primarily undeveloped area of thecounty that mainly has been used for ranching. There is one single-family residence to thesouth that is well displaced from the applicants activities and buffered from the lake which isknown as the previously mined ur"u u, noted on the site plan. This item has been met.
af industrial development in areas where visual, noise, air quality, andi nfrastr u ctu re imp acts ar e r e d u c e d,
Staff Response: The use is currently unscreened and obvious to the casual observer from I-70' There is no great or detrimenial impact on the character of the surrounding naturalenvironment specifically as seen from I-70. It is well set back and as reclamation of themined area occurs the impact of the proposed is proposed to be adequately mitigated. ThePlan identifies the properly as lying *itt i, the visuaicorridor whichis based onsignificantview'-sheds or nalural featttres, distctnce /ront a maior travel corridor, and topographicconditions that define sight distance from a major roaclw_ay.
VI. REYIEW STANDARDS
Several items were observed to be stored on the west side of the property and if not vital tothe current operations should be removed as the area was not designated as storage as part ofthe original Special use Permit. ,{s part ofthe approval of the project, staffrecommends thatthe Applicant remove a, unused -ut".iul. rro,,it
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property.
The Applicant could use berms, trees, and landscaping to screen the proposed use, however,as noted above, the use is approxim ately O.4mile from I-70 and a greatdeal of material andscreening would be necessary form the marginal benefit gained f,om such a requirement.This item has been met.
l&osu'e the typy, size, and scope of industrial and commerciar development are consistent withthe long-term land use objectivei of the county.
staff Respoa-se: The Plan's proqosed land use map shows this propert y as privately owned
consistent with the comprehensive Plan and in ,niqu" proximity anJlocation to I-70 towarrant approval. This item has been met.
ffiu'" that zoning regulation addressing commerciar and industriar uses refiects thechanging land use patterns and demogralhrcs i7 tne county and encourage the furtherdiversification of the Countlt's economy.
staff Response:Jhelroperty is located just south of I-70 in the western part of Garfield;;t"ltiliffim
&o'o'" a commercial and industrial development policy that is environmentalry sound andacceptable to County residents and policy makirs.
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the effects ofoverland flow and material loss froir floods, and by containing their operationson the site as they have moved from one extraction pit to the next. This item has been met.
special uses are subject to the standards in Section 5.03 of the zoningResolution. In addition,the proposed use, due to its industrial nature, shall also be required to address the industrialperformance standards in 5'03.07 and 5.03.098 oftheZoning Resolution. Thesereview standardsare presented below followed by a response by Staff.
2)
staff Besponse:^For domestic water purposes the applicant will provide adequate bottledor cooler water for their emproyees. 'Eebause of triti i;.p;r",y'r;il; oiifrJii".utionthere is no reouirement to o6iul,i i "'.tlp.,ilI, fb;,h;;"ir'i"#l amount of domesfic waterneeded. Althoush not no1"a i;;ri;-ub[ri.iii"r'tr,i,i;'i;;;.. on site in the previouslvmined area that cin _bg,yed fbiii.;;rilt5;;i;.il#;;Jr'.r,""iia the need arise. herwastewater' iiie-applicant proposr3s to continue to provide portable toilets ,"iij*ffiEwastewater at the frbperty. fnii iiem fr;'deen.;;r/rvvru!
*ti*y:l::::d synitatignlervice basert on accepted en,rl::;iii:1i:1,**:ii::t.,Ft;:;::ff i;r,#f :r;;!,x"fff f {if f f,xr;ff ;,::"r,o r s h a t t b e c o n iti u
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to accommodate trffic volume generated bv the', convenient access to'the use shalieitner ti ii ptaiinction with the proposed use;
Staff Response: The Applicant indicates the proposed operation will genera te traffic /trips in the following manner which is similarlo hi.to.i" iraffic rates:
1.
2.
4.
Peak Hourllz Load Volume
Weekly TripS: Trips include a weekly diesel
fuel tank on the property used to fuel the
associated machinery.
fuel deliveryto fillthe 10,000 gallon
plant, conveyers, crushers and other
50 Daily Trips
100 Daily Trips
15 Daily Trips
Main Access to Propertlz: Access to and from the property is from County Road 300(Parachute-una Rd.) arso accessed from state Highw ays 6'& 2a.
ADDITIONALLY.
Staff referred the application to the
submitted their review, with their requirements
this report.
ho has
section of
l) A new to be constructed that is a minimum of g0_feet wide to
the road' There is already evidence of trucks tuming out of the location and
road and the bar ditch.
e width of the driveway extending into the location for
;s*#!laenlf ,or+-inches attached to the pu*d edge of tie existing road.
LUPsign will be installed as required by the MUTCD (The Manual on Uniform Trafficc^oltrol Devices). The stop sign will be the high visibility type and a minimum sizeof 36-inches by 36-inches.
2)
4)
5)
6)
a)
srgnage stating trucks turning will be required 30O-feet north on the west side ofCR 300 and 300-feet south on the east side of CR 300. These signs will be installed
as required by the MUTCD (The Manual on Uniform Traffic Control Devices).
These signs will be the high visibility type and a minimum size of 36-inches by 36-inches.
lratllc control will be required during the hauling phase of the operation. Trafficcontrol will be certified flaggers and a traffic controfplan will be required and sent tothe Road and Bridge Department. The traveling pubtl. will have ih" .ight-of-wayover the haul trucks.
There is a possibility that CR 300 will be under
between all companies will be needed.
7) The Road and Bridge Department asks to be made aware of any complaints orproblems that arise concerning CR 300 or any issues that may concern ourdepartment.
Additionally, the applicant has obtained all current 2OO4required Garfield Countyoversize/overweight permits and permits "'\ the oversize/overweight equipment
already hauled to the location. The applicant;iU need to maintain thesepermits on ayearly basis as a condition of approval. This item has been met.
Industrialoperations,includingextraction,processing,fabrication,@,
1i19ral waste disposal, stQr4gg, sanitary landfill, satiage yurd, u...ii-rt., uid utility lines,shall be permitted, provided:
1) *e applicant for a permit for industrial operations shall prepare and submit to thePlanning Director ten (10) iopies of on impict starteient on the proposed use describingits location, scope, de{sn aid coistructfon_scnetiti, inctudiig ;.-;;;i;"rtion of itsoperational characteristigs. one (1) cgpl of the impait statemeit shallbe.filed with thec-ouyt! commissioners by the Ptanniig D'irector.'in"-iiiiri iir"*'rii"rnail addressthefollowing:
reconstruction and coordination
property is conducted in a fashion
the operation to leave the property.
Staff Response: Mixed asphalt production on the
which does not allow storm or process water from
A ar r -+^* r-.^.^.. - --- - fcRr=w%F . In order tomaintain the quality of any surface stormwater which crosses any exposed ground areas, ann w ater Management Plan (SWMP) has been prepared for the site. A key element ofplan calls for grading the area in a manner that will not allow the discharge of any siltladen storm water from- the property in the event of a storm. Thus, eliminating anystormwater discharges from the disturbed areas of the site.
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d)
Also, a as been prepared for the useof any portable above ground fuel storage tanks. A key component of the plan utilizesdoubled wall fuel and oil storage tanks. A conditional Substitute water supply plan forthe Una Gravel Pit has been obtained from the office of the State Engineer. water willbe used on site when necessary to control dust in the mining area, during crushingoperations, and on haul roads. A copy of acceptance of the plan has been transmitted tothe Building and Planning Department undei separate "or... The plan calls for thereplacement of depleted water to the river system resulting from losses at the site with23'7 acre feet of leased wolford Mountain Reservoir watei. This item has been met.
c)
Staff Response: To reduce these effects the following mitigation measures have beenincorporated within the proposal:
+.B{ l:":lhq the various processing equipment in the central regions of the site,and behind finished product stockpiles, noise levels at the property boundary can beminimized. The operator and the Mine Safety & Health Administration conducts noiselevel tests adjacent to the process equipment on a routine basis.
G As stated in Part B ofthis narrative statement, dust control maintenancewill occurdaily when there are any activities on the site.
ie and vapor - Any plant that is located on the site must meet or exceed all Stateederal pollution requirements, and inspected on a regular basis by corporate andgovernmental authorities.
ur r u,,u rleaur ano Envlronment (Permlt No. 01PO0032). Certified stack tests conductedunder the supervision of State personnel occurred during 2000. This item has been met.
tmpact.s on wildffi and domestic animars through the creation of hazardousattractions, alteration of existing native vegetation, b"lockade oJ'migration routes, usepatterns or other disruptions;
Staff Resnonse: The property is not identified as being within a general wildlife criticalhabitat area' However, the colorado River drainage is considered a habitat area forseveral species of wildlife. The proposed asphalt p"lant .lt" is approximately 0.4 milefrom the river. This item has been met.
o the impacts of truck and automobile traffic to andfrom such usesto areas in the County;
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Staff 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. private drive
access to the site is gained from County Road 330 which is in need oii.pror"ments but
. This item has been met.
urm uue-
Wgt&*"@rreea by opawtiaas sf theprapM"tsa(s1:
StaffResponse:Theportab1easphaltplantsiteis.locatedmoretha'uffiffi$
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been met.
, re yryosgdfgr qtl oltheforegoing impacts identiJied andfor thestandards identijied in section s.03.0s oTtitx Resoliltion
Staff Response: The Applicant has accounted for potential impacts in addition to
reclamation requirements as noted below:
ffiTheStateofColoradorequiresthatalldisturbedareaswithintheUna
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 thereclamation efforts on the property.
ffiIfnecessary,weedcontrolmeasureSwillbeemployedforcontrolofany
noxious weed species. Control measures will also be used if the grtwth of weed species
on the reclaimed area threatens further spread of the weeds to nearby areas. In the event
that weed control is required, herbicides will be of those that are approved by the Natural
Resource Conservation Service and applied by a licensed herbicG technician. A Weed
Control Plan will be utilized as follows:
o A semi-annual inspection of all disturbed areas by trained weed control personnel.
o Treat any identified infested areas with herbicide recommended by the local weed
control authorities.
o Inspect the infested area after 2 weeks and re-apply herbicide as required.
o Inspect the site at 4-week intervals after the second inspection and re-treat as required.
o AnY weed control refuse left from previous year's growth will be burned on site.
This item has been met.
2) Permits moy be grantedfor those uses with provisions that provide adequate mitigation
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for tlrcfollowing:
u) A plan.for site rehabilitation must be apprgvgcl by the County Commissioners beforea permitfor conditionar or speciar usi wilt be iisued;
Staff Response: The Colorado Division of Minerals and Geology regulates thereclamation of all gand.an{_sravel operations. The stat" orcoro.aao"i.qr?., that alldisturbed areas within the una Gravel Pit be ."ctul*LJ to a land .r.. uppffiiate to thearea' A financial guarantee has been provided to the State which insuies that adequatefunding exists to complete all of the reilamation effortson thepropi:r1y including those inand around the proposed asphalt plant site. This item has been met.
b) The -County Coyyttssi2n::s ma! r-equire security before a permit for special orconditional use-is iss.1tel, tf required. lle ayoticait sh'ullfurnis:h evidence oJ'a bankcommitment of credit, bond,.iertified chech'or other secirity deemed acceptable bythe county commissioners in thi amount calculated ty ini"cor'tiiZr**irrioners
to secure the execution of the site rehabilitation plan in workmanlike mqnner and inaccordqnce with the specrfications and construciion schedule estublished or approvedby the -C-orynty Commissiiners. Such.commitments, bonds or check shall be payableto and held by the County Commissioners;
Staff Response: .See last resp_onse above. The applicant can provide the CountyCommissioners evidence that a financial guarantee "ii!i. ror site rehabilitation, at theirrequest. This item has been met.
c) Impac.ts set forth. in _t\e impact statement and compliance with the stondardscontained in Section 5.03.0g of this Resolution. '
Staff Response: see Section 5.03.0g Below.
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All industrial operations in the County shall comply with applicable counfit, stute, andFederal regulations regulating water, air and nois" pittrtto, and shall not be conducted in amonner constituting u public nuisance or hazard. Operations shall be conducted in such amanner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirableenvironmental effects beyond the bounduries of the-property in which such uses ure located,in accord with the following standards:
l) ?lf*q of sound generated shall comply with the standords set forth in the ColoradoRevised statutes at the time any neh, apjrication is iade.
Staff Response: By locating the various processing equipment in the central regions ofthe site, and behind finished product stockpiles, "Jir" lwels at the property boundarygenerally can be minimized' The operator indicates they have demonstrated that they cancomply with the standards set forth by the State of Colorado at other locations in whichthey have operated the portable asphalt plant and there will be only a minimum impact
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from the volume of sound generated from the operations on the property.
The Applicant did not provide any supporting analysis indicating how .,minimized,, ismeant to be was determined. As the Board is aware, the county uses the ColoradoR-evised Statutes (CRS 25-12-101) for determining noise impacts. The Statute states"Sound levels of noise radiating from a property line at a diitan<:e of 25 feet or moretherefrom in excess of the dB(A\ establishedfor thefollowing tinte periods and zonesshall constitute (prema facia) evidence that sich noiie is a pttblic ,nuisance." The tablebelow shows the zones and dB(A) acceptable for each zone and,peLrticular time.
Zon;e TamtoTpm TpmtoTam
Residential EdB(A)50 dB(A)
Commercial 0! dB(A)5s dB(A)
Light Indtstrial 6s dB(A)70 dB/A)
Industrial 80 dB(A)7s dB(A)
boundary line
As the Board is also aware, the statute is somewhat ambiguous i;n the following twoways: 1) whether the noise impact should be evaluated from the sender (emitter) orreceiver (neighboring use), and 2) weather the "zones" refer to the zo.ningclassification ofa particular piece of property or the actual predominant use thereon. ihe only certainelement in this statute is the fact that we know where to measure the noise levels (25 feetfrom the property line of the emitter). Based on past practice, Staff finds that noiseimpacts should be measured as they relate to the."""ir"ip.operties (the neighbors), and2) the "zone" classifications offered by the statute (in theiabie aborre; referio the actualuse on the property rather than the underlying Garfield County zone district designations.
The -standard requires that the "volume of sound generated shall comply with thestandards set forth in the colorado Revised statutes it tt" ti-. uqr'n"*Elicution i,made.
Because the applicant did not provid e any information as to ther volume of soundgenerated, this standard is Not met.
ted: every use shull be so,operated that the ground vibration inherentlyyenerated is not perceptibre, without instruments, ut any point of aiythe propertlt on which the use is located; ' J r
asphalt plant
produced on t
entering the si
vibration would
: The Applicant indicates the nature of the operations of a portable
not create any major ground vibrations and further states that vibrationsproperty will have a minimum impact. No trucks were leaving oruring the site visit so no vibration could be tested. Staffbelieves that the
t be detected at the property boundaries of a truck entering, parking, ory. This item has been met.
matter: every use shall be operated so as to comply
leaving the
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with all Federal, State and County air quulity laws, regulations ancl standards;
Staff Response:
State and Federal
asphalt plant that is located on the site must meet or exceed all
and govemmental au
as a result of the
asphalt plant that will the site, has been obtained from the Colorado Department
of Public Heath and vironment (Permit No. 01po0032). certified stack tests conducted
under the supervision fState personnel occurred during 2000.
The Applicant states
ution requirements, and inspected on a regular basis by corporate
horities. A Construction (emission) permit, .[or the initial hot mix
there will be only minimum emissions prorluced on the property
lns. It appears the emissions generated vzould come from the
proposed plant and the
or enter the property.
(diesel fumes) ofthe trucks as they vr/arrn up (idle), leave,
As the standard requi every use shall be operated to comply with county, state, and
federal laws. This item been met.
nl#";;?:;!l,Wffil:ffi ;;i:#,r;;,W!;::;!:ri"f ,,1:,"!,!;;;use of adioining propeW or which constitutes a public nui-sance"or hazard. Flaring 07gases' aircraft^ryarning signals, reflective paiiting of storage tanks, or other itclhoperations which-may be_required by law is safetl oi ai, poTtufion control measuresshall be exemptedfrom this provision;
Staff Response: There are no significant h eat, glare,radiation, and firmes generated from
the use as the use id generally sited away from all outer boundaries on the property. Only
minimal engine heat and fumes from exhaust will occuras theproposiedplantis operating
and as trucks leave and enter the property at fairly random intervajs. This item has been
met.
Vlr. SUGGESTED FINDINGS T,,,TW\"1 ilT@I{ " Jtr
t1' That proper public notice was provided as required for the hearin! before the Board ofCounty Commissioners.
2' That the hearing before the Board of County Commissioners was extensive and complete and
that all interested parties were heard at that meeting; and all pertinent facts, matters and issues(other than sound levels of the proposed use) were submittld prior at the meeting.
3 ' That for the above stated and other reasons, the proposed conditional use permit is in the bestinterest of the health, safety, morals, .oou"ri"r"e, order, prosperity and welfare of thecitizens of Garfield County.
4. That the application is in confo lesolrrfion of I eTRo
as amended.
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-(
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v
feet or more t
ine at a di
the dB(A) established-fur-the fel+o,Frrqtstime periods
of SO-feet wide to u|orfi / 2'c!
i"i*"5l!#otiirl}|,'?ii,*tffi f trli:1;i:1iil:ff Hgingtheshourderortheroad15fr{ vr^#ru'
O1r? I ,and a depth of 4-inches attached to the paved edge of the
"iirting.,ruafu/lfl I sgl sign is required to be installed at the entrance to CR 300. The stop sign will beinstalled as required by the MUTCD (The Manual on Uniform Traffic Conirol Devices).
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sign will be the high visibility type and a minimum size of 36-inches by 36-
1r/sigrcg" stating trucks tuming will be required 300-feet north on the rvest side of CR 300and 300-feet south on the east side of CR 300. These signs will be installed as required
F"ffir:ffi,?,flHy#Jl;LH'.?H.:fl::;:i:Tff ;t%lf :ilnswi,,ue
$/ Traffic control will be required during the hauling phase of the operation. Traffic control
Demonstrate that sound lev
mfl ffi,qfg**'il::,fl:t#mll
will be certified flaggers and a traffic control plai'will be required and sent to the RoadJ!:-3, :m,
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-0 ' allcompanieswillbeneeded. rvvvuDrruvlru'(urLruutrrurlrarronoerween
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1\ooluonally, the -apphcant h[s obtained (purchased and paict) all yearly (2004)
::.:ff:1".Y:Yight permits andpermits for the oversize/overweight equipment atreadyirr;'#;fi;';;ffi:
o , r.*.,,\ ,i,,'.o/ 7d),7u,,*Vyr"ntrra una Bridge o"purt*"r$*ffiu0" u**. of any complaints or problems
that arise, conceming CR 300 os4sf"i.Es{*es..that-rnay concerrreurdrytiifint;- --
Ft- Br,d*, r
IX. RECOMMENDED MOTION
"I move to APPRoVE the request with the above noted requirements for a Special Use permit tooperate a temporary, Portable hot mix asphalt batch plant at the Una Gravel pit on a property locatedat CR 300 (Parachute-Una Rd.), South of US HwY i *, zqowned by Rodney powers, Bill patterson,
and Ronald Tipping.
i5
PUBLIC HEARINGS:
REQUEST TO CONSIDER A SPECIAL USE PERMIT FOR RODNEY POWERS, BILLPATTERSON, AND RONALD TIPPING TO OPRATE A TEMPORARY ASPHALT HOT BATCHPLANT AT THE EXISTING GRAVEL AND SAND EXTRACTION UNA GRAVEL PIT - JIMHARDCASTLE
Jim Hardcastle, Carolyn Dahlgren, Rodney Powers for Asphalt Hot Batch plant, EdSettle, Denise Gonzales, John Airy, and Rob Trpping were present.
Carolyn determined with the applicant that posting, notification ofproperty owners andpublication were timely, however, she also determi*ned that the Board needed to discusswhether or not the publication was adequate because it is supposed to be published in thename of the owre.. The Commissioners accepted the publication and Chairman Martinswore in the speakers.
Jim submitted the following Exhibits: Exhibit A - Mail Receipts; Exhibit B - proof ofPublication; Exhibit C - Garfield County ZonngResolution of 1978 as amended; ExhibitD - Garfield County Comprehensive Plan of 2000 as amended; Exhibit r - afprication;and Exhibit F - Letter from Road and Bridge.
Chairman Martin entered Exhibits A-G int; the record.
Jim Hardcastle stated that the request was for a special use permit for an asphalt hot batchplant that will operate on the site from the life orine pit to the duration orttepro.lect A &S Construction presently has under contract with CDbT. The CD9T project, irarachuteEast & West, No. IM 0701-164 is located on the I-70 beginning at milepost 6g and endsat milepost 86.5 in Garfield County. The project has l40"workirg days.'The completiondate is expected to be approximately Decimber t,2004.
commissioner Mccown clarified if the flaggers were going to be stopping trucksentering County Rd 300 in addition to the stop sign. It-is sa-ying that traffiI control will berequired during the hauling phase of the operation. I don't rLoerstand where flaggers willcome into play as it is a simple left hand turn into the pit and a right turn out of the pit.Jim. said possibly due to the size of the truck and the current condition. The applicantindicated they will be rebuilding the road and at such time this may negate the'use offlaggers. A new driveway 80 feet wide has to be constructed beforl the-y can starthauling.
Recommendations:
Staffrecommends AppRovAL, with the folrowing conditions:
l ' Additionally, the applicant has obtained lpr.richased and paid) all yearly (2004)oversize/overweight permits and permits ior the or"rsirelorerweight equipmentalready hauled to the location. The applicant will need to continullly mairtainthese permits every year as a condition of approval.2' 2' As part of the approval of the project, "tuff.r"o-*"nds that the Applicantremove all unused materials from the property. Several items were observed to bestored on the west_side of the property and if not vital to the .uo.nt of.rationsshould be removed as the area was not designated for storage as part of theoriginal Special Use permit.
3' Demonstrate that sound levels ofnoise radiating from a property line at adistance of 25 feet or more there from in excess of the onla; esiablished for the. following time periods and zones so as not to constitute a public nuisance.4' A new driveway access is to be constructed that is a minimum of go-feet wide toallow for trucks to turn in and out of the location without damaging the shoulder
-
\1
of the road. There is already evidence of trucks turning out of the location and
damaging the shoulder of the road and the bar ditch.
5. Installing an asphalt mat the width of the driveway extending into the location for
2O-feet and a depth of 4-inches attached to the paved edge of the existing road.
6. A stop sign is required to be installed at the entrance to CR 300. The stop sign
will be installed as required by the MUTCD (The Manual on Uniform Traffic
Control Devices). The stop sign will be the high visibility type and a minimum
size of 36-inches by 36-inches.
7. Signage stating trucks turning will be required 300-feet north on the west side of
CR 300 and 300-feet south on the east side of CR 300. These signs will be
installed as required by the MUTCD (The Manual on Uniform Traffic Control
Devices). These signs will be the high visibility type and a minimum size of 36-
inches by 36-inches.
8. Traffic control will be required during the hauling phase of the operation. Traffic
control will be certified flaggers and atraffic control plan will be required and
sent to the Road and Bridge Department. The traveling public will have the right-
of-way over the haul trucks.
9. There is a possibility that CR 300 will be under reconstruction and coordination
between all companies will be needed.
10. The Road and Bridge Department asks to be made aware of any complaints or
problems that arise concerning CR 300 or any issues that may concern our
department.
Commissioner McCown made a motion to close the public hearing; Commissioner Houpt
seconded; motion carried.
Commissioner McCown made a motion to approve the request for a ial Use Permit
at the time of the
c rusher re mo val fr ojUk-guE&g_spe.,ration",crusher removal fro$E-gug@g_ope=ration", lgay€ No. 4, No. 5 chaqgglg.Iga(:b,Ltheiiffitftfe eountidffi-:OO i*pioriment, the apron would be installed at that time to:'@--- - ^ E-*:*.----*
be contlguous", feally struggling withTlo. S alidguess I'm going to put at the end of that
lg*#iffi]g--"
-- --^--^4r"" 6uvor r ru 5vur6 !v yql 4L Lrrw \
sentence "if deemed necessary by Road and Bridge", at this time I don't know what
they're going to do, I don't know why they asked for it and wished they had been here to
explain it but to me it seems a bit redundant if you're going to have a stop sign there and
have a flagger standing there with a stop sign, don't know what purpose that is going to
serve but turning movements are going to be made out on CR 300 and that's a simple left
turn and they cannot hold up traffic on 300 to allow you to make that turning movement
anyway, according to this the through traffrc on CR 300 has the right of way anyway so I
would really question the need for No. 8 but will leave it in there with the stipulation that
should there be traffic problems traffic control can be required by Road and Bridge but
not required at this time and leaving No. 10 as it is.
Commissioner Houpt - Staffwanted a "shall" in Number l0 instead of "ask"; and in No.
3 he wanted the Statute25-12-101.
Commissioner McCown agreed that was okay.
Commissioner Houpt seconded the motion.
carolyn clarified the "temporary" and asked if he would put a time limit on it.
allowing for a batch plant leaving
present fornl the
o
Commissioner McCown said the applicant today indicated December 1,2004 was their
drop dead date so that's good enough for me. Motion carried.
,
]ruro
21: s5 6288627
O
ROAD AND BRIDGE PAGE OT
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RECITWN
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'tffi::,,a,um
GARFTELD
COUNTY
ROAD AND
BRIDGE
TEL: 970-625-860I
Fax: 970-625-8627
Hrtffir
Wt*ahUugh.Sb. ils
Rf,., CO Et6t0
a3/16/2A@4 21:55 6258627 ROAD AND BRIDGE PAGE 02
GARFIELD COI'NTY
Buildrng & Ptonlrq DeP"hnent
Revisw fuoncy Form
Dtc Sent: Ivdrrch ll,2004
Cornncntr Due: APrl 5' 2004
Name of applieatioft: frrnd IunctionPiPerod Supply- SUP
'-.:
Garficld County requestc your comment in rcvien, of thie pfoject. Pleasc noti! the
Ptanning Dcpartment in thc cr/crt you urs urubte to rcspond by ttrc derdlinc. Thi* form
may be uacd for yogr tgsponsc, or you mey ettrCh your Own addifional shcctS ss
necessrry. Wrinen comrnents miy bo mdlcd, cmrito( or frxeilto:
Garfi eld eoury nuilding-& Planning
Staff corract: Srrhlmn ) t h^ tlt, ilf+SilC.
109 8c Stnecq suir€ lol
Glenwsod Spnngs, CO 8160I
Fax:97G3E4-347S
Phone: 970-945-8212
General comments: Garfield Countv 4oad aod BridgeDepertmenlreque$+th$ e 4clrrv
driveu,ay rc(osg be coustmctad thd b a $inirnr,m of t0{eet wide todlow for trircks to
turn in anCout of the location withorr damnging thc shoulder of the mad. There is
aUeady svidcncc of trueketurnfusqrt of the location ud dmuging ttrc sho$ldcr of thc
road and rhe bar ditoh- This weuld iacludc inxtellins rp,srybalt {nat the width of the
drivgu/ey exte?rding imo thc locrtion for.?O-fGct lad r d&pth of 4-inche dttchod io the -/.pawd adge of the ex-igtins road. A *op siln Wguld berpquired to beinstdlod at ths t/
eotrunoe to Cr 3OO. The Btog qign u,ill be insrtld as rG$lirGd by thc MUTCD (Thc
It{anuol on Uniform Traffic Control Devices) The ntOp sign will bs the high,visibility
, qr?e end a mininurm sizc of 3Ginoho[by 36.innhcsy' Atl ovcrsize / overweight pcrmits will be in plicc and +proved by thc Roed .trd Bridge
Dcprrtment end oenrnits for tho ovlrsi.ze / ovqu.€ight cqgipment alrca4y hrulGd to the
Signane stating trucks tuning will hc ro{uired 300-&et ngrh on the west side of Cr..300
and 300-fwt south onthe cast $ide of Cr. 300. Thesc $iginrwill be instdlodic roquired by
the MUTCI) (The Mrnuel on Uniform TraffEc Cmtrd D,Evices), Thc sistrrg will be the
high visibility type and qminimtm cize of 36-inchee by 36-inches. frafffic control will be
rcqUirpd dunng the harrling ptrasc of thp qpernion TrefEc.colrtrol will bc certifiod
flaggers end a rrffic control ptur wiH bc 'cquirod ard sffit to the Rood-ad Bridge
DepgItmo$. Thc traveling Fblic wil! hrve ttc riSfrt of lyay over the hatl trucJ(s./ +fElrasllllglll- rug fl]IvgllllE IIral,Ut UlIrI rIvE llE-l]IUIl3 uA FIf vYs .uE rral.r r.5s'y' There is a possibility thft Cr. 300 witl bo ulrdrrrtrcorytruaion ffid coordiniltiorM
, all corrpanieswilt be necdc4 .
v/ ThC Road nnd Bridgo Department asks to be nrsdc awprc of qny corrylrintr or pr,gblems
that criso cmcsrning Cr. 30O or apy iggucs thrt mry coficcrn oqf depsdmnt.
Rcviccd 3/3ort0
63/116/2A04 2t:55 6258627 ROAD AND BRIDGEo
GARFIELD COUNTY
Buildiry & Plooting Depnnnt
Rwicry AgoncyForm
PAGE 03
Namc ofrsview agcncy: Gar,fipld CorrtyBord radEridpeDeor
By: IekeB.lUall Dcte3fi7lzw4
REtissd 3/30/00
Message
Jim Hardcastle
Page 1 ofl
From: Carolyn Dahlgren
Sent: Tuesday, April 13, 2004 12:25 pM
To: Jim Hardcastle
cc: Don K. DeFo( (dkdeford@garfietd-county.com); Mark Bean; Fred Jarman;
'randyrussell@juno. com'
Subject: UNA Gravel / Asphalt
Copied people, you only need to read Secfion L Check me guys: Did I summarize our hours ofdiscussion around Mamm Creek Sand and Gravel?
l. lD of Permittee.
SUP "runs with the land" so, to keep the real estate records straight, we need to make sure that the SUp isl:1T910_Egdney Powers, Bill Patterson and Ronald Tipping, if t[ey are the owners of recorct, ANDRECORDED.. County used to record only the conditonal'(usiJal[) reso and not the actual permit. I could notread the-deeds - copying blanked out the names; there might Oe '1oint tenants" and I can't tell if the businessis one of the owners or just the individuals.
For purposes of an StlP, Jhe applicant and owner need to be one and the same, even though there can be an'9y1er's rpresentative".whg is "prosecuting" the application. (9.03.01) Grand Junction pipe-and Supply andA&S Construction may be the tenants and-operatois, but not'applicanUowner luntesi deed shows thosebusiness name as grantee). The Rule 106 judicial review rule,'CO Rules of Civil procedure, case law makesthese. distinctions important fro.m a 'due process" perspective, and a "mere tenanUoperator,, can,t own thepermit. The SUP may !9 lassigned" to Lesee/Op by the owneriapplicant, giving feimission for whoever thatis to operate under the SUP, but the SUP stays witlrthe land and passes to eac-n new owner of the realestate. The sUP cannot be transfered to another piece of property
From. the County's perspective, we want to be able to go after the owner of the property to enforce theconditions attached to the SUP. ln a law suit, we mighl have to name both owner and tenanUoperator asdefendants, however.
ll.. water
noticed that State Engineer suggested/required filing the "SWSP" letter along with the SUp, cuz ,'the
replacement water must be appurtenant to this site Intil a plan for augmentation is obtained.,, For your info,Jim these administratively granted Substitute_Water Supply Plans are a new thing (2 yrs, maybe) in CO law;us.ed. t9 have to go only to.court !o get a SWSP. ttow thbre is a statutory schemE ior getting"a',i"rpor",y';administrative plan throught th9 Sta!9 Engineer's office, while the appticint is deating witn ttie long drawn'outaugmentation plan process in State Water Court.
ilt. RESO
took notes on the coonditions of approval: Larry added language to no. 8 and no. 2, andsaid is a temporarysUP based on representatins of applicant. Are you making-the"drop dead date Dec 1 or 31 2ooil? As best asI could tell, they kept the 80 ft wide drive; applicint did noipusn naio to keep to 52 feet. ls that what youheard?
4/15t2004