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HomeMy WebLinkAbout2.0 BOCC Staff Report 10.21.2002• • PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Special Use Permit SUMMARY OF REQUEST: APPLICANT: REPRESENTATIVE: LOCATION: BOARD - 10/21/02 Public Hearing TP The Applicant requests a Special Use Permit for storage and accessory uses to accommodate the relocation of GMCO's chip sealing and magnesium chloride trucking operation from Carbondale to the subject property. GMCO, Inc. Tim Thulson — Balcomb & Green P.C. The subject property is located 2 miles east of the city limits of Rifle. EXISTING ZONING: A/I (Agricultural/Industrial) I. ISSUE: Over the past couple weeks, the Applicant's representative has verbally indicated to staff that the Applicant may either be completely withdrawing the application pending comments from the City of Rifle, or a request would be made, at the meeting, to continue the application to a date certain. Due to these representations and the need for additional information, staff has not completed a memorandum discussing the request. Staff is not prepared to discuss this Special Use Permit request at this time and requests a continuance. II. RECOMMENDATION: Staff recommends that the BOCC CONTINUE this application for 90 days, unless the Applicant decides to withdraw the application all together. • • GARFIELD COUNTY SPECIAL USE PERMIT REVIEW NOTES BAILEY PIT SPECIAL USE PERMIT August 19, 2002 ZONING REVEW: FROM ZONING RESOLUTION 1. From supplementary standards contained in Section 5.03, 5.03.07 and 5.03.08, the project is subject to theses standards. 2. Because of knowledge of the US Army Corps of Engineers floodplain study of 1986, is this project subject to the provisions of Section 6.00 (ie., floodplain reglulations)? 3. From 2.02.52 (5) Special Use permit requirement is defined. 4. From 2.02.31, Industrial operations are classified. Special Use Permit for storage and accessory uses instant to the proposed facilities of GMCO. The approval of this application will allow the Applicant to relocate its chip sealing and magnesium chloride trucking operations from their present location in Carbondale, to the GMCO Site. On site facilities will be: Maintenance Facility and office Truck Rack Washout Facility Magnesium Chloride Storage Tanks Sand and Gravel load out bays Parking and accessways Fuel Storage and Dispensing area Individual Sewage Disposal System Scales and office (existing use) Camper pads (2 existing on site) Well houses (2 existing on site) Individual Septic Systems (2 existing on site) REVIEW COMMENTS FROM REQUIREMENTS OF SECTION 5.03 1. Utilities adequate to provided 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. 1 • • i) Water: To be gained from utilizing two existing on-site wells (PortoMix Wells No 1 and No 2). Water will be augmented pursuant to water allotment contract with the West Divide Conservancy District. Additional information is necessary to determine the adequacy of the proposal as listed as follows: a. Locations of existing ISDS's need to be provided to determine adequacy of setbacks from the disposal fields. b. Protection of wells from River. c. Appurtenant facilities? (ie., pumping facilities, distribution lines, electric feed lines) d. Standards for location relative to other on-site hazards/chemicals (ie., fuel and oil storage, cement, etc...) ii) Sewer: Clarification needs to occur as to the specific location and size of the existing ISDS's. a. Standards for location relative to the setback requirements of ISDS regulations. Note that the City of Rifle has a proposed raw water supply line alignment in the general vicinity of the proposed dry well absorption field. It is requested to move the proposed ISDS to a location south of the proposed buildings. It is recommended that the new ISDS and existing ISDS's be combined into a single absorption field meeting all of the setback requirements of the County's ISDS regulations. b. Design of system relative to flows, septic tank location, absorption field location, type of absorption field and maintenance of system as it relates to the recommendations in note a.), above. c. As this area is shown being inundated by the 100 -year floodplain of the Colorado River, how is the field is protected from the 100 -year flood and the flood protected from the field? d. I.S.D.S. will need to be designed by an R.P.E. due to the location of the field to the river, likelihood of colluvial soils (ie., high percolation rate), depth to ground water and transportation routes, parking areas and proximity to the City of Rifle water Intake. e. The existing ISDS's absorption fields will need to be reclaimed as a result of combining the systems into one, how will this reclamation take place? f. If the applicant is allowed to continue his plans of maintaining the use of the two existing ISDS's and add a third, how do all of the setbacks from each ISDS relate to each other as well as the other setback requirements of the County's ISDS regulations? 2 • • 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. i) Applicant is planning on adhering to the terms of the existing permit for prior activities. ii) Applicant will need to provide additional detail as to internal access on the site relative to the parking area and fuel dispensing area. iii) In order to comply with Section 5.03.08.5.0 of the zoning resolution, the applicant will need to elevate (as is stated in the application) certain portions of the site. How are grading and access going to look as a result of this activity? iv) Are any portions of the primary access and parking lot to be paved? 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. i) The applicant claims that the use is consistent with past uses and no additional screening or landscaping will be required to meet the intent of the section of the resolution. REVIEW COMMENTS FROM CODE REVIEW OF SECTION 5.03.07 1. The required impact statement has been provided in report form with narrative discussion of items A -F addressed with specificity. Those areas of response generating questions or concerns are noted as follows: A) Water pollution is a concern relative to the location of and number of ISDS's that are to be located on this property. Also, specific construction requirements of fuel containment facilities need to provided. Finally, concern exists as to the effects of magnesium chloride upon water quality, particularly as it is located immediately upstream of the City of Rifle's primary intake structure. 1.) ISDS Concerns: a.) Number of ISDS's on this site. With the addition of another ISDS on site, concern results as to the adequacy of the setbacks required to be met in accordance to State and County standards. Additionally, the total wastewater flow anticipated for the site becomes a concern. Additional information needs to be provided that shows that all applicable setbacks can be met. This information needs to be submitted in light of the City of Rifle's intent to utilize the area north of the proposed buildings as a 3 • • corridor to install a raw water delivery line from the Bailey Pond, west to the City's pump house. b.) It is recommended that the two existing ISDS's and the proposed ISDS have their absorption fields combined to minimize setback requirements. It should be noted that setback requirements exist between minimum distances from adjacent absorption fields. c.) Due to the close proximity of the Bailey Pond, adjacent wetlands and the Colorado River, the design of the septic tanks need to consider bouancy effects. The septic tanks are exposed to high ground water as a result of the flood waters (100 -year) being above the existing ground elevations. d.) Because the computed 100 -year floodplain is above the existing ground surface, the disposal fields need to be protected from the waters of the 100 -year flood plain. Accordingly, the waters from the 100 -year floodplain need to be protected from the ISDS's. The drywell design concept provides for waters to directly access the waters of the 100 -year floodplain without proper treatment (natural filtering) to take place. e.) The current ISDS design for the proposed new ISDS incorporates an "assumed" percolation rate. Additional percolation testing (along with provision of soil profile holes) will be necessary to assure that the ISDS is properly constructed to meet State and County regulations. 2.) Fuel Containment Facilities Concerns: a.) The SPCC plan is silent on the specific construction requirements (graphic) of the specific containment facilities for fuel spills. The plan does identify that these facilities are proposed, however. The anticipated scenario's predicted to involve a spill are listed as follows: 1. Failure of a fuel storage tank (as applicable to the on site storage tank) 2. Spills could occur during truck and/or equipment loading or unloading. (as applicable to the on site storage tank) 3. A spill indoors from one of the vehicle fluid storage containers. (as applicable to the vehicle maintenance shop) 4. A spill from the over flow of the storage tanks. (as applicable to the truck wash facility) 5. A spill that could occur during the process of emptying the tanks (as applicable to the truck was facility) b.) On-site storage tank concerns: 1. The construction of the onsite containment vessel describes, narratively, the dimensions of the containment vessel. Aside from noting that the facility is to be constructed of steel, no additional information exists that describes the specific installation requirements, such as steel plate thickness, size of H -beams and tubular sections, 4 • . corrosion protection (ie., finishes) and elevation of the facility in relationship to the 100 -year floodplain. No information exists to discern how the facility is to be protected from the flood waters of the Colorado River and visa versa. 2. For the truck loading and unloading area, it is noted that spills can occur both inside and outside of the containment area. For those spills inside the containment area, their will be no specific concerns as long as the procedures outlined in the SPCC plan are adhered to. However, for spills outside of the containment area, it is noted that the facility is not intended to have a quick -drain system. The spilled fuel is then expected to be absorbed into the site area. With the exposure that exists to the City of Rifle's intake structure, we would recommend that the loading/unloading area be designed in such a fashion that any spills that could occur from this activity also be collected in a "leak proof" vessel. From this leak proof vessel, the fuel could then be disposed of in accordance to the applicable state and federal requirements. We do not recommend that any spills be allowed to be absorbed by any of the on site soils. Construction of a facility that would incorporate a "leak proof' vessel will most likely require the loading/unloading area to be constructed of a slab with drainage designed to collect all fluids "spilled" on the slab. The slab could drain to this vessel and /or a sand/oil trap. c.) Vehicle Maintenance Shop Concerns: 1. The only provision proposed to mitigate spills in the maintenance shop is to provide sufficient absorbent materials to apply to a spill prior to a spill moving to the exterior. The concern with this mitigation technique is that it requires continuous observation to detect any spills (and/or leaks). An undetected leak (say overnight) could go undetected and thus, untreated or uncollected until it is too late. We would recommend that interior slab grading be provided for the building design that incorporates the use of a oil/sand trap to collect any spills that may occur in the Vehicle Maintenance Shop. 2. Used oil tanks are proposed with this facility. The application appears to be silent on specific detail for construction and/or location of these facilities. It is discerned from the SPCC plan that transfer of liquid is to occur with these facilities. Of concern is the statement that a "spill" of estimated 50 gallon volume could spread out on gravel surface and be absorbed. As with the truck loading and unloading area previously discussed, with the proximity to the City of Rifle's intake structure and the exposure to the 100 -year floodplain of the Colorado River, these spills should be collected in a "leak proof' vessel and accordingly, disposed of in accordance to the applicable state and federal regulations. A specific "transfer slab" is recommended to be provided 5 • • that incorporates a design to collect any and all spills related to this part of the operation. d.) Truck washing facility concerns: 1. The two 2500 gallon concrete effluent collection tanks are proposed to be located to the south side and exterior of the buildings. As such, the design of these tanks will be exposed to high ground water conditions. Bouancy should be considered in the design of these tanks. 2. The tanks will need to be protected from the effects of the 100 -year water surface of the Colorado River. (ie., infiltration into, erosion and bouancy). 3. The Colorado River 100 -year flood plain will need to be protected from these tanks. Both from a direct overflow of the tanks standpoint and a spill (during vacuuming tanks) needs to be considered. 4. A "maintenance slab" will most likely be necessary to assure that any spill (or dripping) resulting from the vacuuming operations is collected and disposed of properly. 3) Magnesium Chloride tank storage concerns: a.) Because the magnesium chloride will be a concentrated fluid that will be contained on site in significant volume, we are equally concerned about the environmental and health impacts that may exist as a result of a rupture and or spill of the storage facilities containing the magnesium chloride. We recommend that the storage, loading and dispensing facilities for the magnesium chloride be contained in a similar fashion as outlined in the comments for fuel and oil storage, loading and dispensing facilities. We provide this recommendation, as the following is true: 1. The magnesium chloride is perceived as a recognizable pollutant to the Colorado River. 2. The site is directly tributary to a public water supply. 3. The site is subject to flooding from the 100 -year floodplain of the Colorado River. 4) Site development concerns: a.) Because this site will be utilized by an operation that has in past exhibited a high level of transportation related uses, concern over general pollutants that may be introduced into the adjoining stream and watershed (from normal rainfall/runoff producing events) if not properly collected and treated. We would recommend that the site planning incorporate, in its design of access ways and parking areas, a drainage plan that directs all 6 • • runoff to a central area that collects and treats the runoff prior to allowing flows to be directed offsite. We would further recommend that these facilities be designed to function during and not be impacted by the 100 - year flood event of the Colorado River. The on-site facilities will need to utilize the 25 -year rainfall event for the specific appurtenant design. F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of the Zoning Resolution still need to be further addressed. Specifically, Section 5.03.08.(5).(C) needs to be further addressed: Section 5.03.08.(5).(C) states: "No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; The entire site is exposed to the 100 -year flood from the Colorado River. Gravel storage piles, Magnesium Chloride storage tanks, buildings, parking areas and accessways, etc... are all going to be exposed. The application needs to specifically identify how these facilities are going to adhere to Section 5.03.08.(5).(C) of the Zoning Resolution. 1.) We would recommend that all facilities be elevated to above the 100 -year floodplain of the Colorado River to mitigate concerns relative to this section of the zoning resolution. 2. The permit may be granted for those uses with provisions that provide adequate mitigation for the following: A) A plan for site rehabilitation has been prepared and submitted. The plan is subject to approval by the County Commissioners. B) Security will need to be provided as determined by the County Commissioners. C) Impacts identified in the impact statement and compliance with the standards contained in Section 5.03.08 of the Zoning Resolution are adequately mitigated. In accordance to 5.03.07.(1)(A) and (F) above, these issues need to be further address in the application in order for the Commissioners to grant the permit. CONCLUSIONS AND RECOMMENDATION 1. We would recommend that the application be modified to address the issues outlined and discussed in the section of this report entitled "REVIEW COMMENTS FROM REQUIREMENTS OF SECTION 5.03." 7 • • 2. We would recommend that the application be modified to address the issues outlined and discussed in the section of the report entitled "REVIEW COMMENTS FROM CODE REVIEW OF SECTION 5.03.07." 3. We would recommend that any condition of approval for this Special Use Permit be conditioned upon the applicant's successful acquisition of any other required permits including the City of Rifle's Watershed permit. 4. We would recommend that the applicant coordinate the site plan design with the City of Rifle's proposed raw water system improvements that include development of the Bailey Pond as a secondary intake for the City of Rifle. Of importance to coordinate are the proposed pump station location and the proposed alignment of the raw water delivery line. 8 SCHMUESER GORDON MEYER TO: MEMORANDUM Re_e_ti__S cV,2a/5 L Mark Bean, Director of Building and Planning Garfield County 109 8th Street Glenwood Springs, Colorado 81061 FROM: Jefferey S. Simonson, P.E. DATE: 8/19/2002 SUBJ: GMCO/Bailey Pit Special Use Permit Mark, Please find attached a draft copy of our review comments for the GMCO/Bailey Pit Special Use Permit application. I am mailing a copy of this to Dennis Stranger for his review. Let me know when you desire to meet and discuss this particular application. Upon your receipt and review, if you have any questions or concerns, please don't hesitate to contact myself. Thanks Jeff S. CC: Dennis Stranger I:\2002-233\02\corresp\garcomemo.doc 118 W. 66 Street, Suite 200 AIL TO Pew413 i-My,t Eg "1/474/1z.t.60- 4140 Pc47NIAlmi c. leie$ Ex /213 B/L:, .0z._ Schmueser Gordon Meyer, Inc. (970)945-1004 Glenwood Springs, CO 81601 (970)945-5948 FAX garcomemo Created Monday August 19, 200201:35 PM GARFIELD COUNTY SPECIAL USE PERMIT REVIEW NOTES BAILEY PIT SPECIAL USE PERMIT August 19, 2002 ZONING REVEW: FROM ZONING RESOLUTION EMT 1. From supplementary standards contained in Section 5.03, 5.03.07 and 5.03.08, the project is subject to theses standards. 2. Because of knowledge of the US Army Corps of Engineers floodplain study of 1986, is this project subject to the provisions of Section 6.00 (ie., floodplain reglulations)? 3. From 2.02.52 (5) Special Use permit requirement is defined. 4. From 2.02.31, Industrial operations are classified. Special Use Permit for storage and accessory uses instant to the proposed facilities of GMCO. The approval of this application will allow the Applicant to relocate its chip sealing and magnesium chloride trucking operations from their present location in Carbondale, to the GMCO Site. On site facilities will be: Maintenance Facility and office Truck Rack Washout Facility Magnesium Chloride Storage Tanks Sand and Gravel load out bays Parking and accessways Fuel Storage and Dispensing area Individual Sewage Disposal System Scales and office (existing use) Camper pads (2 existing on site) Well houses (2 existing on site) Individual Septic Systems (2 existing on site) REVIEW COMMENTS FROM REQUIREMENTS OF SECTION 5.03 1. Utilities adequate to provided 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. 1 • • i) Water: To be gained from utilizing two existing on-site wells (PortoMix Wells No 1 and No 2). Water will be augmented pursuant to water allotment contract with the West Divide Conservancy District. Additional information is necessary to determine the adequacy of the proposal as listed as follows: a. Locations of existing ISDS's need to be provided to determine adequacy of setbacks from the disposal fields. b. Protection of wells from River. c. Appurtenant facilities? (ie., pumping facilities, distribution lines, electric feed lines) d. Standards for location relative to other on-site hazards/chemicals (ie., fuel and oil storage, cement, etc...) ii) Sewer: Clarification needs to occur as to the specific location and size of the existing ISDS's. a. Standards for location relative to the setback requirements of ISDS regulations. Note that the City of Rifle has a proposed raw water supply line alignment in the general vicinity of the proposed dry well absorption field. It is requested to move the proposed ISDS to a location south of the proposed buildings. It is recommended that the new ISDS and existing ISDS's be combined into a single absorption field meeting all of the setback requirements of the County's ISDS regulations. b. Design of system relative to flows, septic tank location, absorption field location, type of absorption field and maintenance of system as it relates to the recommendations in note a.), above. c. As this area is shown being inundated by the 100 -year floodplain of the Colorado River, how is the field is protected from the 100 -year flood and the flood protected from the field? d. I.S.D.S. will need to be designed by an R.P.E. due to the location of the field to the river, likelihood of colluvial soils (ie., high percolation rate), depth to ground water and transportation routes, parking areas and proximity to the City of Rifle water Intake. e. The existing ISDS's absorption fields will need to be reclaimed as a result of combining the systems into one, how will this reclamation take place? f. If the applicant is allowed to continue his plans of maintaining the use of the two existing ISDS's and add a third, how do all of the setbacks from each ISDS relate to each other as well as the other setback requirements of the County's ISDS regulations? 2 • • 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. i) Applicant is planning on adhering to the terms of the existing permit for prior activities. ii) Applicant will need to provide additional detail as to internal access on the site relative to the parking area and fuel dispensing area. iii) In order to comply with Section 5.03.08.5.0 of the zoning resolution, the applicant will need to elevate (as is stated in the application) certain portions of the site. How are grading and access going to look as a result of this activity? iv) Are any portions of the primary access and parking lot to be paved? 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. i) The applicant claims that the use is consistent with past uses and no additional screening or landscaping will be required to meet the intent of the section of the resolution. REVIEW COMMENTS FROM CODE REVIEW OF SECTION 5.03.07 1. The required impact statement has been provided in report form with narrative discussion of items A -F addressed with specificity. Those areas of response generating questions or concerns are noted as follows: A) Water pollution is a concern relative to the location of and number of ISDS's that are to be located on; this property. Also, specific construction requirements of fuel containment facilities need to provided. Finally, concern exists as to the effects of magnesium chloride upon water quality, particularly as it is located immediately upstream of the City of Rifle's primary intake structure. 1.) ISDS Concerns: a.) Number of ISDS's on this site. With the addition of another ISDS on site, concern results as to the adequacy of the setbacks required to be met in accordance to State and County standards. Additionally, the total wastewater flow anticipated for the site becomes a concern. Additional information needs to be provided that shows that all applicable setbacks can be met. This information needs to be submitted in light of the City of Rifle's intent to utilize the area north of the proposed buildings as a 3 • corridor to install a raw water delivery line from the Bailey Pond, west to the City's pump house. b.) It is recommended that the two existing ISDS's and the proposed ISDS have their absorption fields combined to minimize setback requirements. It should be noted that setback requirements exist between minimum distances from adjacent absorption fields. c.) Due to the close proximity of the Bailey Pond, adjacent wetlands and the Colorado River, the design of the septic tanks need to consider bouancy effects. The septic tanks are exposed to high ground water as a result of the flood waters (100 -year) being above the existing ground elevations. d.) Because the computed 100 -year floodplain is above the existing ground surface, the disposal fields need to be protected from the waters of the 100 -year flood plain. Accordingly, the waters from the 100 -year floodplain need to be protected from the ISDS's. The drywell design concept provides for waters to directly access the waters of the 100 -year floodplain without proper treatment (natural filtering) to take place. e.) The current ISDS design for the proposed new ISDS incorporates an "assumed" percolation rate. Additional percolation testing (along with provision of soil profile holes) will be necessary to assure that the ISDS is properly constructed to meet State and County regulations. 2.) Fuel Containment Facilities Concerns: a.) The SPCC plan is silent on the specific construction requirements (graphic) of the specific containment facilities for fuel spills. The plan does identify that these facilities are proposed, however. The anticipated scenario's predicted to involve a spill are listed as follows: 1. Failure of a fuel storage tank (as applicable to the on site storage tank) 2. Spills could occur during truck and/or equipment loading or unloading. (as applicable to the on site storage tank) 3. A spill indoors from one of the vehicle fluid storage containers. (as applicable to the vehicle maintenance shop) 4. A spill from the over flow of the storage tanks. (as applicable to the truck wash facility) 5. A spill that could occur during the process of emptying the tanks (as applicable to the truck was facility) b.) On-site storage tank concerns: 1. The construction of the onsite containment vessel describes, narratively, the dimensions of the containment vessel. Aside from noting that the facility is to be constructed of steel, no additional information exists that describes the specific installation requirements, such as steel plate thickness, size of H -beams and tubular sections, 4 • corrosion protection (ie., finishes) and elevation of the facility in relationship to the 100 -year floodplain. No information exists to discern how the facility is to be protected from the flood waters of the Colorado River and visa versa. 2. For the truck loading and unloading area, it is noted that spills can occur both inside and outside of the containment area. For those spills inside the containment area, their will be no specific concerns as long as the procedures outlined in the SPCC plan are adhered to. However, for spills outside of the containment area, it is noted that the facility is not intended to have a quick -drain system. The spilled fuel is then expected to be absorbed into the site area. With the exposure that exists to the City of Rifle's intake structure, we would recommend that the loading/unloading area be designed in such a fashion that any spills that could occur from this activity also be collected in a "leak proof' vessel. From this leak proof vessel, the fuel could then be disposed of in accordance to the applicable state and federal requirements. We do not recommend that any spills be allowed to be absorbed by any of the on site soils. Construction of a facility that would incorporate a "leak proof' vessel will most likely require the loading/unloading area to be constructed of a slab with drainage designed to collect all fluids "spilled" on the slab. The slab could drain to this vessel and /or a sand/oil trap. c.) Vehicle Maintenance Shop Concerns: 1. The only provision proposed to mitigate spills in the maintenance shop is to provide sufficient absorbent materials to apply to a spill prior to a spill moving to the exterior. The concern with this mitigation technique is that it requires continuous observation to detect any spills (and/or leaks). An undetected leak (say overnight) could go undetected and thus, untreated or uncollected until it is too late. We would recommend that interior slab grading be provided for the building design that incorporates the use of a oil/sand trap to collect any spills that may occur in the Vehicle Maintenance Shop. 2. Used oil tanks are proposed with this facility. The application appears to be silent on specific detail for construction and/or location of these facilities. It is discerned from the SPCC plan that transfer of liquid is to occur with these facilities. Of concern is the statement that a "spill" of estimated 50 gallon volume could spread out on gravel surface and be absorbed. As with the truck loading and unloading area previously discussed, with the proximity to the City of Rifle's intake structure and the exposure to the 100 -year floodplain of the Colorado River, these spills should be collected in a "leak proof' vessel and accordingly, disposed of in accordance to the applicable state and federal regulations. A specific "transfer slab" is recommended to be provided 5 that incorporates a design to collect any and all spills related to this part of the operation. d.) Truck washing facility concerns: 1. The two 2500 gallon concrete effluent collection tanks are proposed to be located to the south side and exterior of the buildings. As such, the design of these tanks will be exposed to high ground water conditions. Bouancy should be considered in the design of these tanks. 2. The tanks will need to be protected from the effects of the 100 -year water surface of the Colorado River. (ie., infiltration into, erosion and bouancy). 3. The Colorado River 100 -year flood plain will need to be protected from these tanks. Both from a direct overflow of the tanks standpoint and a spill (during vacuuming tanks) needs to be considered. 4. A "maintenance slab" will most likely be necessary to assure that any spill (or dripping) resulting from the vacuuming operations is collected and disposed of properly. 3) Magnesium Chloride tank storage concerns: a.) Because the magnesium chloride will be a concentrated fluid that will be contained on site in significant volume, we are equally concerned about the environmental and health impacts that may exist as a result of a rupture and or spill of the storage facilities containing the magnesium chloride. We recommend that the storage, loading and dispensing facilities for the magnesium chloride be contained in a similar fashion as outlined in the comments for fuel and oil storage, loading and dispensing facilities. We provide this recommendation, as the following is true: 1. The magnesium chloride is perceived as a recognizable pollutant to the Colorado River. 2. The site is directly tributary to a public water supply. 3. The site is subject to flooding from the 100 -year floodplain of the Colorado River. 4) Site development concerns: a.) Because this site will be utilized by an operation that has in past exhibited a high level of transportation related uses, concern over general pollutants that may be introduced into the adjoining stream and watershed (from normal rainfall/runoff producing events) if not properly collected and treated. We would recommend that the site planning incorporate, in its design of access ways and parking areas, a drainage plan that directs all 6 runoff to a central area that collects and treats the runoff prior to allowing flows to be directed offsite. We would further recommend that these facilities be designed to function during and not be impacted by the 100 - year flood event of the Colorado River. The on-site facilities will need to utilize the 25 -year rainfall event for the specific appurtenant design. F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of the Zoning Resolution still need to be further addressed. Specifically, Section 5.03.08.(5).(C) needs to be further addressed: Section 5.03.08.(5).(C) states: "No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; The entire site is exposed to the 100 -year flood from the Colorado River. Gravel storage piles, Magnesium Chloride storage tanks, buildings, parking areas and accessways, etc... are all going to be exposed. The application needs to specifically identify how these facilities are going to adhere to Section 5.03.08.(5).(C) of the Zoning Resolution. 1.) We would recommend that all facilities be elevated to above the 100 -year floodplain of the Colorado River to mitigate concerns relative to this section of the zoning resolution. 2. The permit may be granted for those uses with provisions that provide adequate mitigation for the following: A) A plan for site rehabilitation has been prepared and submitted. The plan is subject to approval by the County Commissioners. B) Security will need to be provided as determined by the County Commissioners. C) Impacts identified in the impact statement and compliance with the standards contained in Section 5.03.08 of the Zoning Resolution are adequately mitigated. In accordance to 5.03.07.(1)(A) and (F) above, these issues need to be further address in the application in order for the Commissioners to grant the permit. CONCLUSIONS AND RECOMMENDATION 1. We would recommend that the application be modified to address the issues outlined and discussed in the section of this report entitled "REVIEW COMMENTS FROM REQUIREMENTS OF SECTION 5.03." 7 • • 2. We would recommend that the application be modified to address the issues outlined and discussed in the section of the report entitled "REVIEW COMMENTS FROM CODE REVIEW OF SECTION 5.03.07." 3. We would recommend that any condition of approval for this Special Use Permit be conditioned upon the applicant's successful acquisition of any other required permits including the City of Rifle's Watershed permit. 4. We would recommend that the applicant coordinate the site plan design with the City of Rifle's proposed raw water system improvements that include development of the Bailey Pond as a secondary intake for the City of Rifle. Of importance to coordinate are the proposed pump station location and the proposed alignment of the raw water delivery line. 8 SENT BY: RFPD; 0706252063; OCT -7-02 2:05PM; • • RIFLE FIRE PROTECTION DISTRICT October 7, 2002 Garfield County Planning Department 109 8"d Street Suite 303 Glenwood Springs, Colorado 81601 Attention: Tamara Pregl Reference: GMCO Special Use Permit Ms. Pregl, The Rifle Fire Protection District has reviewed the proposed site plan and special use permits of the GMCO site Fast of Rifler At this time, the project meets the requirements of the District. M the project proceeds, the District will require review of the proposed improvements. The applicant should be aware that available fire protection water and fire protection systems will be evaluated dura the building permit process_ in addition, the District will want to review the site and plans prior to installation of the fuel and magnesium chloride tanks. Thank you for your cooperation and feel free to contact me if you have any additional questions or comments. Sincerely, Mike Morgan. District Chief Telephone (970) 625-1243 • Fax (970) 625-2963 1850 Railroad Avenue • Rifle, Colorado 81650 PAGE 2/2 Oct 11 02 08:03a Brian Gray (970)625-8009 • • STATE OF COLORADO SAI Owens,Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUALOPPORTUNLTY EMPLOYER Russell George, Director 6060 Broadway Denver, Colorado 80216 Telephone: (309)-297-1182 October 10, 2002 Tamara Pregl Garfield County Planning Department 108 8a' Street, Suite 201 Glenwood Springs, CO 81601 RE: GMCO Inc. / Special Use Permit Dear Tamara: For Wildlife - For People 1 had the opportunity to visit. this site several months ago to look atthe.wildlife habitat associated with the parceL I have also reviewed the special use application paperwork included with the referral documents. The location of the proposed use of the site occurs in an area that is already heavily disturbed. Impacts to wildlife m the immediate vicinity of the new development will probably be minimaL However, the site is in close proximity to the riparian zone of the Colorado River, and the increase in human activity in the area could impact wildlife that utilize the area along the river. Adding or enhancing native vegetation between the development and theriparian area could mitigate impacts to wildlife. Thank you for the opportunity to comment on land use issues in Garfield County. If you have any questions, please contact me. Sincerely, Brian Gray District Wildlife Manager DEPARTMENT OF NATURAL RESOURCES, Greg E. Walcher, Executive Director WILDLFE COMMISSION, Rick Enslrom, Char • Robert Shoemaker. Vice -Chair • Marianna Rattopouios, Secretary Members, Bernard Black. Tom Burke. Jeffrey Crawford. Philip James • Bad Phelps • Oivc Valdez Ex•OlFdo Members, Greg E. Welcher and Don Ament P.3 • • Tamara Pregi From: Matt Sturgeon [matt@rifleco.org] Sent: Monday, September 09, 2002 5:34 PM To: Mark Bean; Tamara Pregl Subject: Public Service Company SUP/Rifle Gas Plant Rifle staff reviewed the subject Special Use Permit. The City of Rifle has no objection to the proposed compressor station. Matt Sturgeon, Director Department of Planning and Development City of Rifle PO Box 1908 Rifle, CO 81650 970-625-6253, (fax) 970-625-6268 matt@rifleco.org <mailto:matt@rifleco.org> 1 • • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 www.watenstate.co.us September 25, 2002 RECEIVED SEP 3 u 2[U2 GARFIELD COUNTY BUILDING & PLANNING Tamara Pregl Garfield County Planning Dept 108 8th St Ste 201 Glenwood Springs CO 81601 Re: GMCO, Inc. Special Use Permit SW'/4 NE' Sec. 15, T6S, R93W, 6TH PM W. Division 5, W. District 45 OF • COt 1876 4 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer Dear Ms. Pregl: We have reviewed the propose water supply for the above project. The applicant indicates that the wells decreed in Case Nos. W-2503 and W-2504 (Well Permit No. 10448-F) will be used for in-house office personnel and the cleaning of trucks and other heavy equipment. Porto -Mix Well No. 1 was decreed for domestic use. So long as the historic use of this well was for office use we have no objection to the continued use of this well for such use. Porto -Mix Well No. 2 was decreed for industrial use for the operation or a ready mix concrete operation. So long as the historic use of this well included the washing of equipment we have no objection to the continued use of this well for such use. However, Permit No. 10448-F was issued for the NE'/4 of the SW'/4 of said Section 15, but the bearing and distance in the decree indicates that the well is located in the SW'/4 of the NE'/4 of said Section 15. Thus, either the decree or the permit should be amended to the correct location. (Form Nos. GWS -11 is enclosed for the applicants use should the decreed location be determined correct.) If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Craig M. L s Water Resources Engineer Enclosures: Change in Ownership/Address Correction of the Well Location (GWS -11) Permit No. 10448-F CML/GMCO.doc cc: Alan Martellaro, Division Engineer Robert C. Klenda, Water Commissioner, District 45 Form No. GWS-I 1 03/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Deriver, CO 80203 (303) 866-3581 Fax (303) 866-3589 For Office Use Only CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number . Name, address and phone of the person claiming ownership of the well: NAME(S) Mailing Address City, St. Zip Phone ( 1 If your well has an absolute water right, decreed by the court and the well is not registered with the State Engineer, enter the Water Court Case Number / Civil Action Number and well number as decreed. This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: County Owner's (City) _ N. or S., Range Well Designation E. Ft. From , Block (State) (Zip) or W., ____ P.M. E. or W. Line. , Filing/Unit (Address) 1/4 of the____ 1/4, Sec. _, Twp. Distance from Section Lines Ft. From N. or S., Lot Subdivision Name The above listed owner(s) say(s) that he, she (they) own the well described amended for the following reasons: Change in name of owner Correction of location for exempt wells permitted prior to May 8, 1972 May 17, 1965. Please see the reverse side for further information regarding herein. The existing record is being Change in mailing address and non-exempt wells permitted before correction of the well location. I (we) claim and say that I (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit, occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. Please print the Signer's Name & Title Signature(s) of the new owner. Date It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Use Only State Engineer By Date • • March 29, 2002 INSTRUCTIONS CHANGE OWNERSHIP -ADDRESS LOCATION CORRECTION FORM NO FEE IS REQUIRED The form must be typewritten or printed in BLACK INK. Initial and date any changes you make on the form. THIS FORM MAY BE REPRODUCED BY PHOTOCOPYING OR WORD PROCESSING MEANS. INCOMPLETE FORMS WILL BE RETURNED. Be sure to include the well permit number in the space provided at the top of the form. The form is to be completed by the new owner (the individual, company or entity claiming ownership of the well). Print the new owner's name and include the mailing address and phone number. Complete the well location information. If the address of the well location is different than the mailing address of the owner, include the address where the well is located. The actual well location must include 1/4, 1/4, Section, Township and Range. Check the appropriate boxes for North or South and East or West directions. Complete the Subdivision, Lot, Block and Filing information, if applicable. Indicate in the appropriate boxes if the form is submitted to change the ownership and/or address, or both. The individual, company or entity claiming ownership of the well must sign the form. If you are signing as a representative of a company who owns the well, then your title must also be included in the first block. Sign the second block and date the last block. USE THIS FORM TO CORRECT THE LOCATION OF YOUR WELL IF: A. Your well was permitted, registered, or first used prior to May 8, 1972 for ordinary household purposes in up to three single-family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and the irrigation of not over one acre of home gardens and lawns. B. Your well is not of the type described in A above, but was permitted or registered prior to May 17, 1965. Inside the Designated Ground Water Basins, other procedures and publication may be required. C. Your well was decreed by the Water Court for the correct location. IN ALL OTHER CASES USE FORM GWS -42 (CORRECTION OF WELL LOCATION FORM). If you have questions, contact the Denver or the Division Office where your well is located. Division 1 Division 2 Division 3 Division 4 810 9th St. 2nd Floor 310 E. Abriendo Ave Ste B 422 4th St 1871 East Main St. Greeley, CO 80631 Pueblo, CO 81004 Alamosa, CO 81101 Montrose, CO 81402 (970) 352-8712 (719) 542-3368 (719) 589-6683 (970) 249-6622 Fax (970) 391-1816 Fax (719) 544-0800 Fax (719) 589-6685 Fax (970) 249-8728 Division 5 Division 6 Division 7 Denver Office Direct mail to Box 396 Direct mail to Box 773450 701 Camino Del Rio Ste. 205 1313 Sherman St. Rm. 818 Glenwood Spgs CO 81602 505 Anglers Dr. Suite 101 Durango, CO 81301 Denver, CO 80203 50633 U.S. Hwy 6 & 24 Steamboat Spgs, CO 80477 (970) 247-1845 (303) 866-3581 Glenwood Spgs., CO 81601 (970) 879-0272 Fax (970) 866-5417 Fax (303) 866-3589 (970) 945-5665 Fax (970) 879-1070 Fax (970) 945-8741 Call First Fprm C Rev. 9-62/10M - Applican • ST APPLICATION FOR: OF COLORADO PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL P.O. Addres Quantity appiie f. gp AF or Storage Used fort.,; Purposes on/at (legal description of land site) Totem acreage irrigated and other its ESTIMATED DATA OF WELL Hole size; / J in. toJ)ft. In. to ft. Casing Plain /0 in. in. Open or Perf. in. in. PUMP from () to/ift. from to ft. from to ft. from to ft. cutlet DATA: Type41ji,g,44..r 44HP4SizeJ / County // t- �VE * ofs !J r, of Sect. /S, Twp. (D S r'" Rge. , J , / P. M. OR 1 WEIXilirXml NOS I L *L4/101965 OCATION OF WEL �QRADQ' 0 A ) %RWM lM Use initiation date Jl�, J-9 . 0 (Use Supplemental pages for additional data)a" A�3 THIS APPLICATION APPROVED PERMIT NO. 10488 - F ISSUED: DATE E DEC 13 1965 19 Street Address or Lot & Block No. Town or Subdivision E Locate well in 40 acre (small) square as near as possible. Large square is one section. • $25.00 fee required for uses other than Domestic or Livestock. Applicantc.»2 Agent or Drill Addres NOTE — SATISFACTORY COMPUTION/z,I1 QUIRED FOR APPet VAL OF APPLICATION r . E Locate well in 40 acre (small) square as near as possible. Large square is one section. • $25.00 fee required for uses other than Domestic or Livestock. Applicantc.»2 Agent or Drill Addres NOTE — SATISFACTORY COMPUTION/z,I1 QUIRED FOR APPet VAL OF APPLICATION P R $ .11011.-- , 1A ;--, ''k''7271464,4 Index No X5 IDWD yS Use Registered..: (For State Engineer's Use) STATE OF COLORADO DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER GROUND WATER SECTION Driller Owne Street City Tenant LOG AND HISTORY OF WELL PERMIT NO X17 is No. 'Lr,'rr0.c Use of WaterL.x:Y ,� No. On or By Acres (description of site or land) / Date Started �! — , 19l�. Date Completed /1.— <� • (N.! fir FEB1 1966 -.R.(.5'.] Witi di SECT. COLORADO MATE ENGINEER WELL LOCATION County L '/• of /?/ Y of Sect. f<_, / E Twp h '- , Rge- (a-PPM Yield WELL DESCRIPTION: Depth to Water GPM or Hole Dia meter TEST DATA: How Tested Date Tested. in. 1/ CFS ft Total Depth ft (measured from ground surface) from C2. ft to ft. from from ft_ to ft from ft to . ft in, in. Pumpor_-- ,/' Balled 19 - Length___/___hrs Rate *-67C) GPM Drawn Down ft PUMP DATA: Pump Type utlet Size in Driven by HP CASING RECORD: Plain Casing Size, t(ind from_—ft. tosft. • Size._..._.._.._—, Kind from ft to ft Size..,.._..._..., Kind from ft to ft Perforated Casing Size, Kindr24�l frpri? .eft. to olY Size , Kinder � frprnt, ft to ft Size Kind from ft to ft ft West Herth i i --Nyr - - -__ _- Sys__. , , , t 1 1 1 1 , , South Emil ABOVE DIAGRAM REPRESENTS ONE FULL SEC- TION. LOCATE WELL ACCURATELY IN SMALL SQUARE REPRESENTING 40 ACRES. or If the above is not applicable fill in: No. Street lot City or Town Or Block Subdivision (include filing or number) TO BE MADE OUT IN QUADRUPLICATE: Original Blue (both sides) and Duplicate Green Copy must be filed with the State Engineer within 30 days after well is completed. White copy is For the Owner and Yellow copy for the Driller. SIGN BLUE COPY 1 ~..tT_R7- r Ground Elevation y, ¢ a. 4 � WELL LOG .. (if known) How DrilleH FROM FEET TO FEET FEET OF MATERIAL REMARKS (such as Cementing, . Packing, Shut cif, etc-) I § t g I3 ED I a•- I 13 A This knowledge p t s (if .ane apace is required ewe oidlMianal . WELL DRILLER'S STATEMENT well was drilled under my supervision and the above information and belief. Sig fi P 171.L.R.iv., sheaf) ' _- - is true and correct to the .. E _.... . ,_•',=.'- " . --_ I best of my iL . . . I gy tri Y e.4 t.C_ I-f't,(s-,V.L.- � f//jjj R. SI t l r,- ! � �7' •--Ari.'`. 3 i r cf4 + `o �: i x o ;d� a rtiF 1.5 o d • • Sec. IS, T.6 S,)1.(43W . ; I1 1 s 1 I 1 1 � s 1 1 t , 1 1 , , r 1 1 1 , 1 -d 1 ,1 1 j 1 , 1 t 1 1 1 t t 1 r _» t. , f 1001 1 1 � { 1-� . • 1 ;r _~ .Q X1 1 1 : 1 1 1v I t t 1 r, 1 1 1+ i r , r 1 1 1 1 1 1 • r....._y--_m 1 t 1 1 1 1 .----1. -------- r 1 1 1 1 1 1_-_.r 1 1 .,-..� 1 1 1 1 1 1 1 F 1+__-. 1 1 1 1 1 ._-__L-_-_ t t t 1 1 ____.I._ ----- r 1 -.- _- ... --w 1 t 1 ---4-rr- 1 C -'al` I -etd CO 5=45 114'1. 06101ullD /eioer J/ 1 LOYAL E. LEAVENWORTH SANDER N. KARP DAVID C. HALLFORD DAVID H. McCONAUGHY SUSAN W. LAATSCH JAMES S. NEU JULIE C. BERQUIST NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER JOSLYN V. WOOD* *Of Counsel LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 jsn@LKLawfirm.com �-y RE F' J TE csimile: (303) 825-3997 a �/*(Please direct all correspondence DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 October 11, 2002 Mark Bean, Director Garfield County Building & Planning Department 108 8th, Suite 203 Glenwood Springs, CO 81601 Re: GMCO, Inc. Special Permit Application Dear Mark: OCT 1 7 2 ri our Glenwood Springs Office) GARFIELD COUNTY 3UILDING 8, PLANNING VIA FAX (970) 384-3470 and U.S. MAIL Enclosed are comments from the City of Rifle regarding the GMCO, Inc. Special Use Permit Application currently being reviewed by Garfield County. As you can see, the City is extremely concerned with the uses proposed by GMCO adjacent to its municipal water intake. We hope that the County closely scrutinizes this Application and deny it as the health and safety of several thousand City and Garfield County residents is at stake. If you have any questions, please feel free to call. • JSN: Enclosures cc: City Council (w/encs.) Selby Myers (w/encs.) Bill Sappington, P.E. (w/encs.) Matt Sturgeon (w/encs.) I:\2002\Clients\RIFLE\R-2\Letters\Bean-GMCO. wpd Very truly yours, LEAVENWORTH & KARP, P.C. �Se�'."siU R C E • Sill■ E N G I N E E R I N G I N C. James Neu, Esq. Leavenworth & Karp, P.C. PO Drawer 2030 Glenwood Springs CO 81602 RE: GMCO, Inc. Special Use Permit Dear Jim: EE UU LSE OCT 10 2dQ2 LEavEN\NoRTK & PC. October 7, 2002 At your request Resource Engineering, Inc. reviewed the Special Use Permit Application for GMCO's chip sealing and magnesium chloride operation on Bill Bailey's property directly east of the City of Rifle's water intake on the Colorado River. The proposed operation consists of existing facilities including office building, fuel storage area, camper pads and appurtenant ISDS systems, and new facilities including diesel and magnesium chloride storage tanks, a truck maintenance and washing facility, buried holding tanks and an office building. The site is located immediately upstream from the City's Colorado River intake structure for its municipal water supply and immediately downstream from the Bailey Pond, which is a proposed future intake point. As you are aware, the Colorado River intake provides the City with 90% of its water supply, and with this proposed industrial use adjacent to that water intake, this Application requires extremely close scrutiny. The Applicant will also have to apply for a City or Rifle Watershed District Permit for the proposed uses. We reviewed the Special Use Application to determine if there is any potential for contaminating the City's water supply and whether these concerns are adequately addressed in the application. The proposed operation includes multiple sources of contaminants including the on-site storage of diesel fuels, motor oil, lubricants, hydraulic fluids, magnesium chloride and possibly other materials, all of which could cause a serious situation if they entered the City's water supply. The application also includes multiple ISDS systems. Therefore, if Garfield County approves GMCO's Special Use Permit, it would create a clear potential for a disastrous contamination of the City's water supply at either intake point. This risk is further enhanced by the fact that the site is within the 100 - year floodplain. Although the Special Use Application does address water pollution issues, both in written form as answers to specific questions in the application and by means of plans depicted on drawings and site plans, there is no guarantee that the plans are adequate to protect the City's water supply. To begin analyzing the potential impact of this proposed use on the City's water supply, which would occur more thoroughly through the Watershed District Permit process, we would need to see detailed grading and drainage plans showing all on-site drainage contained on the property and all off-site drainage bypassing the property; the entire project area would need to be filled to an elevation above the 100 -year flood elevation; details for all spill containment facilities would need to be designed with the potential risks involved to the City in the event of a leak; and all potential spill areas and collection ponds or tanks isolated from groundwater by impervious barriers. Consulting Engineers and Hydrologists 909 Colorado Avenue E Glenwood Springs, CO 81 601 i (970) 945-6777 E Fax (970) 945-1137 • • James Neu, Esq. October 7, 2002 Page 2 It can be argued that it is possible to design and construct the proposed facility to provide protection against contamination of the City's water supply, but there is always some level of risk with the proposed uses that cannot be completely mitigated. Even with the design features mentioned above, it is our opinion that this risk becomes unacceptable when the direct health and safety of an entire city is at issue. One incident of human error could cause a disaster for Rifle. If the groundwater becomes contaminated, such an incident would have long-term consequences as contaminants slowly infiltrate into the City's intake pond. To attempt to mitigate such risk involves the development of a detailed and adequate watershed protection plan, including a spill response plan, which is lacking in the application. However, of greatest concern to the City, there is no long term reliability of any such watershed protection plan. Considering the close proximity of the proposed use to the City's water source, the large amount of contaminants present, the high level of human activity on the site and the long term nature of the project, all of these lead to a high probability that some pollution event will occur due to unpredictable circumstances, human error or negligence. In other words, there is no cost effective fool -proof solution to the risks the proposed uses pose to the City. We strongly recommend that the City oppose the Special Use Permit application before Garfield County and that the applicant be encouraged to find a more appropriate site for the project. Sincerely, RESOURCE ENGINEERING, INC. Paul S. Bussone, P.E. Water Resources Engineer PSB/dlh 341-10.0 in gmco.341.wpd :::::RESOURCE re®c® NGINEERING INC • CITY RIFLE • 202 Railroad Ave. • P.O. Box 1908 • Rifle, Colorado 81650 • (970) 625-2121. Fax (970) 625-3210 October 2, 2002 Garfield Board of County Commissioners c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: GIVICO/1ai::y Pond Special Use P:f;rail Dear Commissioners: OCT 0 7 2002 D) LEAVENWORTH & KARP, P.C. The City of Rifle opposes the GMCO/Bailey Pond Special Use Permit application filed with Garfield County. The request to relocate the applicant's chip sealing and magnesium chloride trucking operations to the proposed location posses a significant threat to the City of Rifle's potable water supply. Rifle's water intake from the Colorado River is immediately below the subject property. Additionally, the City of Rifle has been evaluating the feasibility of using Bailey Pond as a water intake; Bailey Pond is part of the subject property. The applicant, in the Special Use Permit application, indicates Best Management Practices will be used to mitigate any potential of introducing pollutants to the City of Rifle's water supply. We believe it is impossible for the applicant to provide a 100 -percent guarantee that the City of Rifle water supply will never be polluted by the proposed use. Lastly, Rifle City Council requests the Board consider the fact that Special Use Permits run with the land. You may feel comfortable with this operator and the proposed management practices: however, GMCO reserves the right to sell the operation to another company. Please also consider the proposed management plan requires on-going monitoring. Rifle does not possess the resources necessary to constantly monitor this operation to ensure compliance, nor do we feel it is appropriate to have this responsibility placed on us. In summary, this is not an appropriate land use to place next to a municipal water supply serving 7,000 City and Garfield County residents. The risks are great, and the impacts of a large spill or long-term pollution could be grave. The City of Rifle respectfully requests the Board of County Commissioners deny the subject application. Bailey Pond SUP City of Rifle Page 2 of 2 Should you have questions or concerns regarding this matter, please contact Matt Sturgeon, Planning Director at 625-6253 or Loyal (Lee) Leavenworth, City Attorney at (970) 945-2261. Sincerely, Keith Lambert, Mayor c. City Manager City Attorney Planning Director Public Works Director