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HomeMy WebLinkAbout3.0 PC Staff Report 03.14.2007Exhibits Naugle Public Hearing held on 03/14/20007 Continued on 05/02/2007 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations D Garfield County Comprehensive Plan of 2000 E Application F Staff Memorandum G Referral Comments from Road and Bridge Department_ dated 1/23/2007 H CDOT Comments to Garfield County dated 1/22/2007 I Referral Comments from Vegetation Management Department dated 3/09/2007 J Referral Comments from the Town of Parachute K Letter from Zancanella & Associates L Letter from Sopris Engineering M Wildlife report from Batey Wildlife Consulting N Letter from Ron Liston dated 4/10/2007 0 Engineering Dynamic Inc. Sound Analysis dated 4/10/2007 P Weed Management Plan Q Letter from Thomas Zancanella, P.E., dated 04/10/2007 R Reclamation Plan S Email from Jim Rada, Director Environmental Health Department 4/13/2007 T Staff Memorandum for the continued public hearing U Memo from Steve Anthony, Director Vegetation Management 4/24/2007 • laJ' '' 6' t'Z0c,,4 J 5, fe p/4 /4- ( (J t /LIL 5 dA 1 -£�1� � al4 .Av°7 REQUEST PROJECT INFORMATION AND STAFF COMMENTS PC 03/14/2007 CR Special Use Permit to allow an Industrial Support Facilities which would include Warehouse / Staging Facilities APPLICANT Harry & Rhonda Naugle (sellers) LOCATION west of the Interstate -70 Interchange at Rulison, Colorado. SITE DATA 54.01 Acres WATER Well SEWER ISDS EXISTING ZONING RL - Resource Lands (Gentle Slopes / Lower Valley Floor) SUROUNDING ZONING Open Space, RL I. DESCRIPTION OF THE PROPOSAL The Applicant requests a Special Use Permit to allow an "Industrial Support Facility including Warehouse and Storage Facilities" on the subject property. This proposed use is contemplated under special uses in the RL - Resource Lands (Gentle Slopes / Lower Valley Floor) zone district. If approved the 54.01 acre parcel will be transferred to the ownership of Tri-State Trucking. Tri-State Trucking Inc., is based out of Vernal, Utah, and has extensive operations in Western Garfield County. Providing services to the oil and gas exploration industry, a permanent site in Garfield County is desired. The operation on site would include truck/trailer maintenance and storage, short term storage of materials and equipment, gas/oil drilling industry equipment staging, truck washing facilities and administrative services. 1 Proposed Development: a) 60' x 100' foot truck maintenance shop. (6000 sq. ft) b) Two building envelopes for future storage buildings. c) Truck parking/storage area d) Truck washing facilities e) Employee parking The Applicant is proposing that the facility be operational twenty-four hours a day, seven days a week. An average of 25 — 30 trucks or tractor trailers combinations will be parked at the site, mostly occurring at night. The application represents the peek traffic hours consisting of 6:00 — 7:00 AM and 5:00 — 8:00 PM. This facility will accommodate approximately fifty employees on-site daily. II. SITE DESCRIPTION The 54.01 -acre property is located just north and adjacent to I-70 just west of the Rulison exit. Access is provided by the frontage road on the north side of I-70 which dead -ends into a driveway / gate for the Naugle Property. Practically, this frontage road turns into County Road 323 (Rulison Road) after it passes under the interstate and past the frontage road on the south side of the interstate. Physically, the property is relatively flat with some gentle slopes in a southerly direction across the site. The property is covered mostly by sage brush and dry grasses with very sparse pinion vegetation. III. REFERRALS Staff referred the application out to the following review agencies and or County Departments: a. City of Rifle: No comments received. b. Town of Parachute: Exhibit J c. Colorado Department of Transportation: Exhibit H d. Garfield County Road & Bridge Department: No issues with the proposal. Exhibit G e. Garfield County Vegetation Management: Exhibit I IV. COMPREHENSIVE PLAN The property lies within Study Area 3 and is designated on the proposed land use map as Outlying Residential. The Applicant has proposed a use that is industrial in nature which conflicts with the present designation. Consider the following Goals, Objectives, and policies that apply to the proposal: a. Goals Future, long-term commercial and industrial development at the western and interchange parts of the County and Communities. Garfield County will encourage the development of a diversified industrial base for the County 2 which recognizes the human resources, natural resources, and physical location -to -market capabilities of the community, and which further recognizes and addresses the social and environmental impacts of industrial uses. The subject property is located at the I-70 interchange for Rulison in the western Garfield County. Locating industrial development in this area is consistent with the Plan. The proposed use is a support business to the oil / gas exploration industry which is centered in the same area of the county as the proposed use. b. Objectives 4.1 To ensure that commercial and industrial developments are compatible with adjacent land uses and mitigate impacts identified during the plan review process. The subject property is located in a rural and primarily undeveloped area and is adjacent to similar uses and by the I-70 interchange to the east and public land to the north and west. There is one single- family residence (the Applicant's) and a small commercial/general feed store adjacent to the property. 4.2 Encourage the location of industrial development in areas where visual, noise, air quality, and infrastructure impacts are reduced. The proposed use, if unscreened, will be visually detrimental to the surrounding natural environment seen from I-70. The Plan identifies the property as lying within the Visual Corridor which is based on significant view -sheds or natural features, distance from a major travel corridor, and topographic conditions that define sight distance from a major roadway. In this way (and as recognized by the Plan by placing land use value on visual corridors), I-70 serves as a linear gateway to the rest of the County because it provides the visitors of Garfield County with their first impression. This impression also assumes the rest of the County is treated in the same manner regarding appropriate land use or associated mitigation of land uses. Unmitigated or inappropriate land use only detracts from the natural assets / resources of the County. The Applicant proposes to use an 8' fence, adjacent properties, and trees. Unless effectively screened, an industrial use situated in the identified visual corridor is not consistent with the objective. 4.6 Ensure the type, size, and scope of industrial and commercial development are consistent with the long-term land use objectives of the county. The Plan's proposed land use map identifies this property as Outlying Residential rather than Light Industrial which would be a more appropriate designation. However, the underlying zoning of Resource Lands does contemplate the proposed use in the district as a "Special Use". One of the goals in the plan is to locate the proposed use near or at interchanges in the western part of the County. Based on this, it appears, with proper mitigation, the use could be consistent with the Plan. 3 c. Policies 4.3 Landscaping and screening will be required to address specific visual impacts of industrial and commercial development. The site plan represents the location and number of trees to be planted for screening of this use. The Plan identifies the property as lying within the Visual Corridor which is based on significant view - sheds or natural features, distance from a major travel corridor, and topographic conditions that define sight distance from a major roadway. Staff finds that the Applicant has attempted to reduce the visual impacts of this use. 4.4 The project review process will include the identification and mitigation of transportation impacts related to commercial and industrial development. The traffic analysis does not address impact this use will have on County roads. The subject property has direct access to I-70. However, the vehicles will utilize Count Roads and are subject to overweight and size permit and should utilize the County Road Departments suggested haul routes. 5 REVIEW STANDARDS Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use, due to its industrial nature, shall also be required to address the industrial performance standards in 5.03.07 and 5.03.098 of the Zoning Resolution. These review standards are presented below followed by a response by Staff. A. Section 5.03 Review Standards 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding Regarding water, the Applicant has applied to West Divide Water Conservancy District to lease 4.7 acre feet as suggested by the Applicant's consulting engineer. An approved well permit from the Colorado Division of Water Resources is required. The water analysis conducted by Zancanella and Associates, Inc. cites the presence of alpha and beta radioactivity. This proposed use is represented as a long term activity for this property. The ability to provide a safe source of drinking water for human consumption is required. Based on this, the application does demonstrate that is standard can be met. Regarding wastewater, the Applicant proposes to install a septic system (ISDS). A detailed design will be submitted for this facility with the building permit application. The Applicant has not provided proof of an adequate legal water supply. Due to the contamination of the groundwater, the Applicant must demonstrate how potable water will be provided on-site. Staff finds that the Applicant has not met this standard. 4 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; Staff Finding The proposed use will primarily impact I — 70 and its access road. A small portion of County Road 323, south of the Rulison interchange could see some activity due to this use. 1. Daily Trips: 190 2. Peak AM: 76 3. Peak PM: 42 Main Access to Property: Access to and from the property is from the frontage road on the north side of I-70 which dead -ends into an access easement which is located on the adjacent commercial zoned property. Staff referred the application to the County Road & Bridge Department. The Applicant has already obtained a State Highway access permit from CDOT. 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; Staff Finding The adjacent uses consist of a commercially zoned lot (containing a feed store), approved SUP for an Industrial Support Facility, and BLM property. The Applicant has attempted to minimize impacts this use will have on the visual corridor as identified in the comprehensive plan. As represented on the site plan, the Applicant has proposed the use of trees to screen the property from the I-70 corridor. All lighting represented on the site plan should be directed downward and inward. Staff recommends that the Applicant utilize motion -sensor lighting. B. Section 5.03.07 Industrial Operation Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: 1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: 5 a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Staff Finding The Applicant has not demonstrated that the proposed use has an adequate legal water supply. The grading and drainage plan provided by Sopris Engineering indicates that the drainage from this site should drain toward the existing 72" culvert located on the southeast portion of the property. The Application does not include a Storm Water Management Plan (SWMP). Projects involving a disturbance area of one acre or more are required to complete and submit a SWMP to the Colorado Department of Public Health and Environment. b) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Finding The Applicant states that there will be a minimum impact on adjacent land due to generation vapor, dust, smoke, noise, glare or vibration generated from the starting of trucks and equipment. The unpaved area of the proposed use should be treated to reduce dust generated on-site. A plan to treat and maintain the project area is needed. c) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Staff Finding The Applicant states that it appears Elk Overall Range, Mule Deer Winter Range, and Mule Deer Overall Range on the property and Mule Deer Winter Concentration Area and Mule Deer Severe Winter Range partially on the property. The impact this use will have on wildlife is not discussed. The Applicant has not demonstrated that this standard can be met. d) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; Staff Finding The application represents a total of 190 daily trips associated with the proposed use. The location of the subject property and its access to the Rulison, I-70 interchange reduces the impacts to and from the proposed use. Staff referred the application to the County Road & Bridge Department who indicated the department does not have any objections to the proposed use. However, the trucks used in the company's business may need to be regulated for overweight/oversize permits. 6 e) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Staff Finding The Applicant states this property is adjacent to a previously permitted Industrial Support Facility and a commercially zoned parcel. Staff finds that there is sufficient distance between the proposed site on the subject property and adjacent uses. 2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: a) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; b) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; c) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. Staff Finding The Applicant did not provide a site rehabilitation plan to the County. Staff recommends that prior to approval of this request a weed management and site rehabilitation plan be submitted to the Vegetation Management Department for approval. This application was submitted to the County Vegetation Management Director who provided the following comments: 1. Noxious Weeds • Inventory and mapping -The applicant shall map and inventory the property for County listed noxious weeds. • Weed Management -The applicant shall provide a weed management plan for the inventoried noxious weeds. 2. Landscaping • The County may want the applicant to provide a more detailed landscaping plan that would name the species to be planted, the quantity, and the location of the trees. It may be helpful to have this information on a map. 7 C. Section 5.03.08 Industrial Performance Standards All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: 1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Staff Finding The Applicant cites that the proposed uses will not generate unusual noise impacts. The Applicant did not provide any supporting analysis indicating what "unusual noise impacts" meant or how it was determined. As you are aware, the County uses the Colorado Revised Statutes (CRS 25-12-101) for determining noise impacts. The Statute states "Sound levels of noise radiating from a property line at a distance of 25 feet or more there from in excess of the dB(A) established for the following time periods and zones shall constitute (prema facia) evidence that such noise is a public nuisance. " The table below shows the zones and dB(A) acceptable for each zone and particular time. Zone 7 am to 7 pm' - , 7 pm to 7 am Residential 55 dB(A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light Industrial 65 dB(A) 70 dB(A) Industrial 80 dB(A) 75 dB(A) Since this application did not provide a sound analysis and this standard requires that the "volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made this standard is not met. 2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; Staff Finding The Applicant states that vibrations produced on the property will have a minimum impact. 3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; Staff Finding Emissions generated by this use would come from the exhaust (diesel fumes) of the trucks as they warm up (idle), leave, or enter the property. 8 As the standard requires, every use shall be operated to comply with county, state, and federal laws. Staff does not test these emissions but all emissions will be from the exhaust of vehicles that are licensed by the County and the State to comply with federal air quality laws. 4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; Staff Finding The application does represent any uses that would generate significant heat, glare, radiation, or fumes. Only minimal engine heat and fumes from exhaust will occur as the trucks leave and enter the property at fairly random intervals. As a result, Staff finds this standard has been met. 5) Storajie area, salvage yard, sanitary landfill and mineral waste disposal areas: a) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; Staff Finding All storage of petroleum products used for truck maintenance will be stored inside the proposed maintenance shop. The Applicant cites that storage of this material will comply with all regulations governing the storage of this type of material. Fuel for vehicles used in this operation will not be stored on-site. b) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; Staff Finding The Applicant provided the number and location of the proposed trees as part of the site plan. A total of 30 proposed trees will surround the property stretching from the southwest corner to the northeast corner. A variety trees are represented. • Three Siouxland Eastern Cottonwood • Fifteen Black Locust • Six Autumn Purple Ash • Six Boxelder The application also represents that an eight foot sight obscuring fence will be constructed along the property line adjacent to the commercially zoned property to the south. 9 c) 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; Staff Finding The Applicant submitted grading and drainage plan designed to avoid flooding and maintain the property's historic drainage pattern. Staff suggests this standard be included as an on-going condition of approval. d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: i. The minimum lot size is five (5) acres and is not a platted subdivision. Staff Finding The subject parcel is 54.01 acres and is not located in a platted subdivision. Staff finds this standard is met ii. The equipment storage area is not placed any closer than 300ft from any existing residential dwelling. Staff Finding The application represents the nearest residence as over 600 ft from the subject property. This standard is met. iii. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. Staff Finding The Applicant intends to plant trees and construct a fence to reduce the visual impact of this operation. The subject property is situated at a lower elevation than I-70. The proposed screening will not eliminate the visual impacts created by the proposed use. iv. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. Staff Finding The application represents that this standard will be met. Staff suggests this standard be included as an on-going condition of approval. v. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Staff Finding All loading and unloading associated with the proposed use will be conducted on the 10 subject property. e) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. Staff Finding The area devoted to storage is less than 10 acres in size. Staff finds this standard has been met. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Staff Finding Staff recommends that all exterior lighting shall be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interior of the property and be shaded to prevent direct reflection on adjacent property. 6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Staff Finding On-site vehicle washing is proposed. The application represents an on-site washing facility Wastewater will be captured and stored on-site. Garfield County Landfill will accept this waste as cited in the application. The Applicant needs to demonstrate how this wastewater will be properly disposed. 6 SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Board of County Commissioners was extensive and complete and that all interested parties were heard at that meeting; however, not all pertinent facts, matters and issues were submitted at the meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is not in conformance with the Garfield County Zoning Resolution of 1978, as amended. 11 7 STAFF RECOMMENDATION At this time Staff recommends that the Planning Commission move to DENY this request. The Applicant needs to address the following issues. o The Applicant shall provide proof of legal water supply adequate for the proposed use; o The Applicant shall demonstrate how potable water will be provided on-site; o The Applicant shall demonstrate that the proposed use can operate in compliance with Colorado State Noise Statute §25-12-101; o The Applicant shall demonstrate how the wastewater generated from the proposed truck washing facility will be disposed of; o The Applicant shall provide a site rehabilitation plan; o The Applicant shall provide a weed management plan including inventory and mapping of County listed noxious weeds; o The Applicant shall provide a SWMP; o The Applicant shall demonstrate that the proposed use will impact wildlife migration routes; 12 • • MEMORANDUM To: Craig Richardson From: Steve Anthony Re: Naugle SUP Date: February 9, 2007 EXHIBIT Thanks for the opportunity to comment on the SUP. My comments are as follows: 1. Noxious Weeds A. Inventory and mapping -The applicant shall map and inventory the property for County listed noxious weeds. B. Weed Management -The applicant shall provide a weed management plan for the inventoried noxious weeds. 2. Landscaping A. The County may want the applicant to provide a more detailed landscaping plan that would name the species to be planted, the quantity, and the location of the trees. It may be helpful to have this information on a map. P.O. Box 1908 1011 Grand Avenue Glenwood Springs, CO 81602 Z4NC4NELL4 41'40 4S5OCI4rES, INC. ENGINEERING CONSULT4NT5 March 14, 2007 Mr. Ron Liston Land Design Partnership 918 Cooper Ave. Glenwood Springs, CO 81601 Re: Tri-State Trucking Water Supply Dear Ron: This letter addresses pending issues with regard to development and documentation of a suitable water supply for the office and shop facilities your client Tri-State Trucking proposes for a parcel of land located at Rulison, Colorado; lying in Section 25 of Township 6 South, Range 95 West of the 6th Principal Meridian, in Garfield County. You may wish to submit: this letter to Garfield County to allay any concerns they may still have as to the legal water supply or the proposed means of providing potable water. Tri-State Trucking has applied with the West Divide Water Conservancy District for a contract to furnish water to augment the proposed facility's depletions, thereby providing a legal water supply under West Divide's existing substitute supply plan. The application has been approved, contingent upon payment; please see the note on the attached invoice. As per our telephone conversation with Tri-State this morning, checks were placed in the mail to West Divide today, March 14th, to cover the balance. The existing well will be re -permitted to allow commercial and industrial use under the West Divide contract. As per our recommendation, all drinking water consumed at the site is to be hauled in from a safe source. Various means of implementing this recommendation are available. For example, Tri-State can contract with Thirsty Corp to deliver bulk potable water to the site. Anticipated potable water demands sum to approximately 12,000 gallons monthly. Thirsty can make weekly deliveries to supply that quantity for about $1,000 per month. Alternately, Tri-State can purchase bottled drinking water from Mountain Clear Water Co. Assuming rental of 3 room temperature dispensers, each providing 5 gallons per day, roughly 450 gallons of bottled drinking water can be delivered to the site by Zancanella & Associates, Inc. Z:\26000\26414 Critton, Bill (Rulison)\PZletter.doc 3/14/2007 Page 1 of 2 Mountain Clear for approximately $630 per month. Selection of one of these options or an equivalent is left to the client. If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. crAnC'csa et - Thomas A. Zancanella, P.E. S. Collin Robinson, El cc: Bill Critton attachment Zancanella & Associates, Inc. Z:\26000\26414 Critton, Bill (Rulison)\PZletter.doc 3/14/2007 Page 2 of 2 March 14, 2007 Bill Critton Tri-State Trucking, Inc. P.O. Box 789 Vernal, UT 84078 Re: Special Use Permit — Garfield County Staff Report SE Job #: 26166.01 Dear Bill: a EXHIBIT This letter is being written in response to the Garfield County Staff Report recommending denial of the Special Use Permit Application for Parcel 3 of the Naugle Boundary Survey (in Rulison, Colorado). Section 7 of the report recommends that the Planning Commission deny the request based on several conditions, the following conditions can be addressed by Sopris Engineering: The Applicant shall demonstrate how the wastewater generated from the proposed truck washing facility will be disposed of; To dispose of the wastewater generated by the truck wash we are recommending application for a stormwater discharge permit in conjunction with hauling the solid waste to an approved disposal location. The material that collects in the proposed sand/oil interceptor can be hauled off by Goodwin Septic Tank Service in Grand Junction (970) 243-2783 and they have sent us a letter stating that they will pick up and dispose of the material at their facility. The liquid waste would be discharge under a stormwater discharge permit and flow to the. Colorado River. We understand that the truck washing facility was an optional future expansion and if acquiring a discharge permit is not possible, we could to remove it from the proposed plans. The Applicant shall provide a site rehabilitation plan; Included in our submittal for a building permit (if the SUP is approved) Sopris Engineering will provide a "Site Rehabilitation Plan" that clearly states how the site would be reclaimed if the operation were to abandon the site. This would include a location to stockpile and vegetate existing topsoil that could be used to reclaim the site after all construction material has been removed and sold. The proposed structures would remain, but the parking area and any other areas impacted by construction would be removed, covered with topsoil and re -vegetated with a specified native seed mix. The Applicant shall provide SWMP; A stormwater management plan was prepared for the Special Use Permit and submitted as Sheet 3 of 5 "Grading, Drainage & Erosion Control". This shows the proposed erosion control measure and states in the notes that the contractor will have to apply for a SWMP with the Colorado Department of Public Health and Safety prior to any construction. Typically this permit is applied for 30 days prior to the anticipated start of construction so that the owner is not paying to keep a permit active until construction begins, or has a permit without Garfield County approval. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants If you have any questions or need any additional information please give us a call. Sincerely, SOPRIS ENGINEERING Chris J. Busley, .I.T. Design/ngineer Ya ' y Nichol, P.E. Principal Cc; SE. JOB 26166.01 March 14, 2007 Page 2 BEATTIE WILDLIFE CONSULTING, Kirk H. Beattie, Ph.D. 1546 E. 12t`' Street Rifle, CO 81650 Office: 970-625-0598 Fax: 970-625-0600 Cellular: 970-379-1451 e-mail:wildlifebwc@sopris.net IMPACT OF TRI-STATE TRUCKING'S PROPOSED TRUCK FACILITY ON MULE DEER AND ELK Prepared for Land Design Partnership 918 Cooper Avenue Glenwood Springs, CO 81601 Prepared by Kirk H. Beattie, Ph.D. Beattie Wildlife Consulting, Inc. 1546 E. 12th Street Rifle, CO 81650 March 2007 Wildlife issues — Tri-State Special Use Permit Application Page 1 Tri-State Trucking has proposed construction of a trucking facility on a portion of a 54 -acre area on private property located north of the Interstate -70 (1-70) westbound off -ramp at the Rulison exit. Tri-State has proposed a 600-ft2 shop, a plan for future buildings, a truck parking and storage area, truck washing facilities, and employee parking. Land Design Partnership requested that I address concerns related to mule deer and elk that were raised by county planning staff in response to the application for development. Mule Deer The area of the proposed construction is classified by the Colorado Division of Wildlife (CDOW) as mule deer overall range (Fig. 2), mule deer winter range (Fig. 3), and a portion of the site is mapped as mule deer severe winter range (Fig. 4). Definitions of various deer and elk activity zones are provided in Table 1. The location of the proposed development is not mapped by the CDOW as a winter concentration area (Fig. 4), a resident population area (Fig. 5), or a mule deer limited use area (Fig. 7). There are no mapped mule deer migration corridors near the proposed development (Fig. 8). Although the area encompassing the project is mapped as mule deer winter range, and a portion is mapped as severe winter range, in actuality the location of the proposed development contains virtually no palatable browse and almost no travel or resting cover. A band of land lying north and south of 1-70 from Glenwood Springs to the Mesa County -Garfield county line is mapped as mule deer winter range and severe winter range (Figs. 15, 16), along with a significant amount of mule deer winter concentration areas (Fig. 17). 1 would rate the location of the proposed facilities as in Beattie Wildlife Consulting Wildlife Issues — Tri-State Special Use Permit Application Page 2 the bottom 10th percentile of Garfield County habitat in terms of providing quality forage and cover to deer during winter. The area has gently sloping terrain dominated by greasewood, and to a lesser extent, sagebrush. This land has been severely degraded by past livestock use and ineffective drainage from runoff channels (Figs. 23-27). A portion of the site is almost completely devoid of vegetation (Figs. 31, 32). The proposed project lies adjacent to existing trucking and shop operations (Teter and Sons, Fig. 28; Stallion Oilfield Services, Fig. 29). Construction on the proposed location will have no impact on mule deer populations. Clustering industrial activities in poor mule deer habitat can have significantly fewer negative impacts on mule deer when compared with scattered development in good habitat. EIk Although the location of the proposed project is mapped as elk winter range, elk are infrequent visitors to the site (Fig. 9). EIk have a much lower tolerance to disturbance than mule deer. Siting a third trucking -shop facility at the proposed location will have no negative impact on elk. A significant amount of land in Garfield County is mapped as elk winter range (Fig. 19). Existing winter range exhibits a continuum ranging from extremely poor desert scrublands to high quality sagebrush and agricultural fields. I would rate the quality of the habitat on the proposed site as being in the bottom 10th percentile of all elk winter range in Garfield County. The area of the proposed project does not contain migration corridors (Fig. 14), severe winter range (Fig. 10), or elk winter concentration areas (Fig. 11). Beattie Wildlife Consulting Wildlife Issues - Tri-State Special Use Permit Application Page 3 Conclusion The proposed location of Tri-State Trucking's facilities is a very good choice from the standpoint of minimizing impacts to mule deer and elk. Clustering of industrial activities in poor wildlife habitat has much less, or no, impact on deer and elk when compared to alternative scenarios involving scattered development in good habitat. The land proposed for development essentially provides no meaningful habitat for elk and mule deer, although good habitat exists to the north (Fig. 26). Alkaline soils, low annual precipitation, sheet and gully erosion, rocks on the surface, cattle overgrazing, and cheatgrass invasion on the proposed site work against quality deer and elk winter range. Construction and subsequent operation of Tri-State Trucking's facilities will have no population impact on mule deer and elk in this area. Beattie Wildlife Consulting Wildlife Issues — Tri-State S� 'cial Use Permit Application Page T1 Table 1. Colorado Division of Wildlife mule deer and elk habitat descriptions. Habitat Description Mule Deer Overall Range The area which encompasses all known seasonal activity areas within the observed range of a mule deer population. Mule Deer Resident Population An area that provides year-round range for a population of mule deer. The resident mule deer use all of the area all year; it cannot be subdivided into seasonal ranges although it may be included within the overall range of the larger population. Mule Deer Severe Winter Range That part of the overall range where 90% of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. Mule Deer Concentration Area That part of the overall range where higher quality habitat supports significantly higher densities than surrounding areas. These areas are typically occupied year round and are not necessarily associated with a specific season. Includes rough break country, riparian areas, small drainages, and large areas of irrigated cropland. Mule Deer Winter Range That part of the overall range where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green -up, or during a site specific period of winter as defined for each DAU. Mule Deer Migration Corridors A specific mappable site through which large numbers of animals migrate and loss of which would change migration routes. Mule Deer Highway Crossings Those areas where mule deer movements traditionally cross roads, presenting potential conflicts between mule deer and motorists. Mule Deer Limited Use Area An area within the overall range of mule deer that is only occasionally inhabited and/or contains only a small population of scattered mule deer. American Elk Winter Range That part of the overall range of a species where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green -up, or during a site specific period of winter as defined for each DAU. American Elk Severe Winter Range That part of the range of a species where 90 percent of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. The winter of 1983-84 is a good example of a severe winter. American Elk Winter Concentration That part of the winter range of a species where densities are at least 200% greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten. American Elk Limited Use Area An area within the overall range which is occasionally inhabited by elk and/or contains a small scattered population of elk. American Elk Highway Crossings Those areas where elk movements traditionally cross roads, presenting potential conflicts between elk and motorists. American Elk Migration Corridors A subjective indication of the general direction of the movements of migratory ungulate herds. Beattie Wildlife Consulting Wildlife Issues — Tri-State SpQcial Use Permit Application Page F Natural Diversity Informatun Source 0 Overview Map • Legend D Mule Deer Overall Range 0 Game Management Units ' � County Boundary Cities o Cr.c ./i Streams 100K ® Highways Intend MO ® US tlignw. S .71vhway �/ Major Roads Forest Roads JA/ Pace Grrni B laacni ,v 41v0 El City Boundaries State Wildlife Areas Lakes 1111 Pereeny. • rnermerenr 1:24K DRG image Figure 1. CDOW mapped mule deer overall range in the area of the proposed project. Beattie Wildlife Consulting N I1 G) RI O CO a) U) co H U) 0 O U ci Streams 100K a N V A2 N A 'O ,0 c) F ='. K rc p i 0 F co L F F O d Y B G �, R Y 9 E N W W i (/� F R O �j 5 9 i B L R E 2 _. E Tn 1 it a 0 a G U NQ J .E ❑❑ ■C Figure 2. CDOW mapped mule deer winter range in the area of the proposed project. Wildlife Issues — Tri-State S' cial Use Permit Application / % r r_�. � rYZ;• j 1,Iili j /� IfI r ►►---..:+jr� r�111� Uq 1 III' 0, . , � ���"�: � ' M 1Ir 0 rur�,� � f ��r1j' l�l� Ip;r..d, �{Iii M,,p,w`r�` `11! Plis) `tl �, i l Mi'iill4u I1oo.;:�(!11;•�I���Irl'�I !'1M�:"""■ `�14�111I�IrI� =111�'li`I1�i��`ing ; ;arr!:�ivo MIR!�1-�RI''11�1'1 {�11 f M =: 1Y:^�illagq5p5:ggoogygtitrillrossligha !aliMr1!!ikehli a11Ili``Irr ;40:10ii�tRi�iO4,41'1r; i 1 111 ` 101 1iii I14 11110 .. r 4t!1+/ r rYY!►rr.r Y,r.■� Iti OI/ Ir li,�lr`� ��,i�,ll 11tl� 11m1 q �1� �� it4411 `ir1110/,lii010 4` .1 mi;� 7 1 1 .r d rY ++pr■1110Y // � 1!/� aY.`�-�`�� �7 raM ar r � r ■a ��,�SII -• � r■„ du■ Id r rrl�i, �, �.; �� llII11,1110, 1 dui 110 011 11P� I,r'rrr■;��1.�ol,II 1 � 1 r,Yv 1,■r� rr Fbi:ilid�1 �I ?���� r�� �Ij� rr1 krll.il� 1� E Page F3 Overview Ma Na u al Drt rsrty ntorrnatibn Source 01 Legend 1111: Mule Deer Severe Winter Range Game Management Units —1 County Boundary Cities Cn e: Streams 100K Highways 4Y mtc:aatc USil:gnnay S:.r.cl lgny Major Roads Forest Roads ,is/ Yam.. Uua:o 1/ a.go UCity Boundaries 71 State Wildlife Areas Lakes Figure 3. CDOW mapped mule deer severe winter range in the area of the proposed project. Beattie Wildlife Consulting 1:24K DRG image Wildlife Issues — Tri-State Special Use Permit Application Paye F4 N ��f N.i u_ cu m m 4 N b d m N L O DoE ARL J '2SU U'2= n 9 0 m L N O U U v City Boundaries N J Its\: ;❑D ■D 0 0 0 L 0 CD S 4- 0 c a) W 0 1� 0 (II L 3) 1C - a) ^Q] W a) E a) n3 E 0 .a' 0 2 U � a) 0) LL ecial Use P Wildlife Issues — Tri-State S El County Boundary j N x m O 0 •gyp 0, w 0 $ o m v=0 T t w O 0 9 K Ym L A O d y� E o °° «R Y S E Y R rt F m U v in S H c a a m a U 4«i d .-_J 4 f " E c. Do .❑ Wildlife Issues — Tri-State Special Use Permit Application Page F8 4) Natural Diversity Information Source b Overview Map J • Legend Mule Deer Migration Corridors EGame Management Units County Boundary Cities o cnma /./ Streams 1D0K Highways Inters -talc [/0 US IIfpwar State Ilrynwal• /•/ Major Roads Forest Roads 'A/ Y: Waded LiCity Boundaries State Wildlite Areas Figure 8. CDOW mapped mule deer migration corridors in the area of the proposed project. U Lakes Veronn.aI Into:mnlont 1:24K DRG Image Beattie Wildlife Consulting 0. O County Boundary N °i o a N f 0 p 9 L 10 __ N yr R O O L L - cc N q c P m m P 3 _2 _E O N > R P w m N m i Yarn a_. _? t R o y 4�4 Ig y A _� S N R 01 5 5 :R i i G R pp i4-: ` E U U Uf i I> Ll C LL 6 6 G G U N Q J 0. 7 ' . CDOW mapped elk winter range in the vicinity of the proposed project. Wildlife Issues — Tri-State - -cial Use Permit Application Page F 10 Figure 10. CDOW mapped elk severe winter range in the vicinity of the proposed project. Overview Map • Legend ® American Elk Severe Winter Range Game Management Units j _j County Boundary Cities a Ca.: Streams 100K Highways Inter -slate /A/ US Ilrphway ^% Statn Ilphway ./ Major Roads Forest Roads /v/ Pared cravui OWN City Boundaries State Wildlife Areas Lakes Il Paranoid Intorrnntont 1:24K DRG image Beattie Wildlife Consulting Wildlife Issues — Tri-State Sr'cial Use Permit Application Page F 1 1 Overview Map • Legend American Elk Winter Concentration nGame Management Units 1 County Boundary Cities o Cnas /✓ Streams 100K y Highways yy/ Intorstalc /N USltog nway Al Slaw llgnway /;/ Major Roads Forest Roads /A/ Pamd Crawl O uaW ASO nCity Boundaries State Wildlife Areas Lakes n tonnntont 1:24K DRG image Figure 11. CDOW mapped elk winter concentration areas in the vicinity of the proposed project. Beattie Wildlife Consulting Wildlife Issues — Tri-State Special Use Permit Application Page F 12 Figure 12. CDOW mapped elk highway crossings in the vicinity of the proposed project. Overview Map Legend American Elk Highway Crossings OAmerican Elk Overall Range Game Management Units 1 County Boundary Cities u Caa14 Streams 100K Highways p®+ Inwmalo 6,/,,,Y/ � USIlrghwal ^! Stale II,eh'way . ' Major Roads Forest Roads �✓ Yawa Grarol LI ww.i GOD City Boundaries f� State Wildlife k —1 Areas n Lakes Wren rt Imormnwnt Beattie Wildlife Consulting ca ife Issues TL, i 0 , ! v ZZZ : Z .OD ■❑ W .HI O :U 0 C c6 L c 0 c Q.. 0 Q 0 ] a L a) a) a) Ems; U Q O c6 a a) O 0 0 2 U az a) 0) LL Wildlife Issues - Tri-State Special Use Permit Application Page F 13 Figure 13. CDOW mapped elk limited use areas in the vicinity of the proposed project. Overview Map I Il Legend American Elk Limited Use Area American Elk Overall Range Game Management Units _I County Boundary Cities O Cdp6 // Streams 100K Highways InlorclalO U511grcrra> SISIC 11101tw'aj Major Roads Forest Roads Fsro Grarel O Lido) LINO n City Boundaries State Wildlife Areas Il Lakes 10,00 b1101010100: Beattie Wildlife Consulting Wildlife Issues — Tri-State Special Use Permit Application _ Page F14 Figure 14. CDOW mapped elk migration corridors in the vicinity of the proposed project. Overview Map Legend AiAmerican Elk Migration Corridors fI Game Management Units —I County Boundary Cities a Cnn. Streams 100K Highways 404, iniornale NUS tlq nway Sime llphway �./ Major Roads /// Forest Roads pa,ea G.a.N U waa two City Boundaries State Wildlife Areas Lakes poromiw mwrmmont 1:24K DRG image Beattie Wildlife Consulting a a) RI Q) Wildlife Issues Overview Map a C N fJ c u E O w 0) e 2 E c« J. E. mmc ❑ ❑ County Boundary �! ft U City Boundaries mE m E N od [` in6 kkZ?.❑❑ RE Figure 15. CDOW mapped mule deer winter range in a portion of Garfield County. Wildlife Issues - Tri-State Sp't i I Use Permit Application Page F16 G11141inwolod 'iSprings Natural Diversity Int CollbranSauroe 0 Figure 16. CDOW mapped mule deer severe winter range in a portion of Garfield County. Overview Map ..'• = trr_A r high, rAmmeil Legend Mute Deer Severe Winter Range Game Management Units r— I County Boundary Cities o Cn,as Highways interstate USIipnway Al State tlpnway /+f Major Roads ❑ City Boundaries State Wildlife Areas 0 Lakes Vmonnul Imarmmont Hillshade Beattie Wildlife Consulting Wildlife Issues - Tri-State Spr-ial Use Permit Application Page F18 fi., •4. ; , . � /t y) Rio Bl A.CU 1..0.4J/ is r J",,.". rr ,.i i. •, Glenwood Springs ',Parachute 1 l e _ F • r:, � n'f,Q�•.P�1 ;r . r ' ,� � ^ met ,q�/ ..i'. i r -. 11FL�i 1"P 1,1 rKisV Natural Diversity Infe.CollbranSouros 0 3 97mi I Figure 18. CDOW mapped mule deer migration corridors in a portion of Garfield County. Overview Map all��Vgisrrer: or-rMstimim Legend Mule Deer Migration Corridors E] Game Management Units iCounty Boundary Cities a Ceres Highways Interstate „/ USttpaway ^/ State llp away f/ Major Roads City Boundaries 0 State Wildlife Areas Lakes DParennral Interrantant Hillshade Beattie Wildlife Consulting L r Wildlife Issues - Tri-Sta Overview Map row or aril Am .I xa w • c m E m A Lp � m C _ J LA A 0 County Boundary -! L L '0 3 b E m ✓' G E s_Oi t - Fi 1 U± n y C U v;G J • kVk >,110 ■❑ Figure 19. CDOW mapped elk winter range in a portion of Garfield County. Wildlife issues — Tri-State Sp ial Use Permit Application Page F20 yap ;,4 rr nw iYfJ(1; a lit , tom' , ,:.� . / it ft1210 BLANCO •er • Overyiew Map �lN • Natural Diversity Intorma on Source Figure 20. CDOW mapped elk severe winter range in a portion of Garfield County. Legend ®American Elk Severe Winter Range El Game Management Units —f County Boundary Cities e Cnwe Highways tntorstata UStlpnwal I~ State Btenwal /1 Major Roads EiCity Boundaries ElState Wildlife Areas Lakes Pv,ennv, • Intetnuttent Hillshade Beattie Wildlife Consulting Wildlife Issues - Tri-State S-°cial Use Permit Application Page F21 ®"LIM Yf ,glf _ �� 44:41 M�i e• Figure 21. CDOW mapped elk winter concentration areas in a portion of Garfield County. Overview Map rfiP,L iNiral4taii iit3zi" �i Legend American Elk Winter Concentration ❑ Game Atanagemont Units —County Boundary Cities o Cnca Highways interstate /e US lIgnway Al Slate IIpnway `./ Major Roads n City Boundaries • State Wildlite Areas Lakes Poronnul - Intormntont Hillshade Beattie Wildlife Consulting Wildlife Issues — Tri-State Sr ^ -ial Use Permit Application Page F22 Figure 22. CDOW mapped elk migration corridors in a portion of Garfield County. Overview Map issFamtoJem iria IIJe,r4�r Legend ® American Elk Migration Corridors Il American Elk Overall Range EGame Management Units _I County Boundary Cities a Cnca Highways 4409 Inlctalalc NUSHNnway 4 Slmollphway Major Roads [I II U City Boundaries State Wildlife Areas Lakes Poronn 611 Inlar0nlonl Hillchade Beattie Wildlife Consulting Wildlife Issues - Tri-State Sp 'al Use Permit Application Page F23 Figure 23. Photograph of the general area of proposed project. Figure 24. Photograph of the general area of proposed project. Beattie Wildlife Consulting Wildlife Issues — Tri-State ' ;la! Use Permit Application Page F24 Figure 25. Photograph of the general area of proposed project. Figure 26. Photograph of the general area of proposed project. Beattie Wildlife Consulting Wildlife Issues - Tri-State S -ial Use Permit Application Page F25 Figure 27. Photograph of the general area of proposed project. Figure 28. Photograph of the general area of proposed project. Beattie Wildlife Consulting Wildlife Issues - Tri-State S ial Use Permit Application Page F26 Figure 29. Photograph of the general area of proposed project. Figure 30. Photograph of the general area of proposed project. Beattie Wildlife Consulting Wildlife Issues - Tri-State S Tial Use Permit Application Page F27 Figure 31. Photograph of the general area of proposed project. Figure 32. Photograph of the general area of proposed project. Beattie Wildlife Consulting LAND DESIGN PARTNERSHIP 918 Cooper Avenue, Glenwood Springs, CO 81601 970-945-2246 / Fax 970-945-4066 E-mail: rblist@duixnet.net April 10, 2007 Craig Richardson Building and Planning Department Garfield County 109 Eighth Street Glenwood Springs, CO 81601 Re: Naugle/Tri State Special Use Permit Application Supplemental Submission Dear Craig: Attached herewith are a number of documents that address the information deficiencies you identified on page 12 of your Staff Report (PC 03/14/2007). Specifically, the items you listed are addressed by these attachments or have already been addressed by the information submitted as Exhibits at the March 14th Planning Commission Hearing. Following is a summary of the submitted information: 1. Legal Water Supply: See letter from Zancanella and Associates attached herewith. This letter documents the issuance of a West Divide Water District contract to providing legal water rights and the application for the conversion of the existing exempt domestic well permit to a well permit based on the West Divide contract. On the adjacent Teter Special Use Permit process, it was my understanding that the BOCC approved that application conditioned upon the delivery of the well permit from the State. 2. Potable Water: The letter from Zancanella and Associates submitted as an exhibit at the Panning Commission Hearing described two alternative methods by which water for human consumption could be provided to the site. The cline has expressed an intent to utilize the bottled water option such as can be provided by an independent contractor like Mountain Clear Water Company. . 3. Compliance with Colorado State Noise Statute: See the letter report from Engineering Dynamics Incorporated attached herewith. 4. Truck Wash Wastewater disposal: This topic was addressed by the letter submitted as an exhibit. at the Planning Commission meeting by Sopris Engineering. 5. Site Rehabilitation: Attached herewith is a Rehabilitation Plan prepared by Sopris Engineering. 6. Weed Management: See the attached report from Andrew Antipas, Ecological and Environmental Consulting, LLC. 7. SWMP: The Sopris Engineering letter submitted as an exhibit at the March 14th meeting addresses this subject. Typical, I believe, the BOCC includes provision of the actual permit as a condition of the approval of the SUP. 8.Wildlife: At complete wildlife report was submitted as an exhibit at the March 141" meeting clearly stating the wildlife impacts are minimal. Regards, Ronald B. Liston pc: Harry & Rhonda Naugle BiII Critton April 10, 2007 Tri-State Trucking, Inc. Attn: Mr. Ron Liston 918 Cooper Avenue Glenwood Springs, CO 81601 Dear Mr. Liston: On Tuesday, April 3, 2007, noise measurements were The purpose of the work was to determine by actual measurements facility when there were trucks on site. The applicable Colorado Noise Law CRS -25-12§103, which limits the property upon which the noise source or sources are EXHIBIT EXHIBIT 0 1IN . dynamics incorporated Page 1 of 2 State of of the remain to a by it can site with at the noise During the engine from the (V) 970-945-2246 (Fax) 970-945-4066 rbiist(aquixnet net taken at the Tri-State Trucking the noise level law in Garfield County regarding noise level at a point 25 ft. located to the values presented EDI Job No. 03610 Facility in Rulison, Colorado. at the property line of the planned noise emissions is the beyond the property line in Table 1. Table 1 CRS 25-12-103, Maximum Permissible Noise Levels Zone 7:OOam to next 7:00 pm 7:OOpm to next 7:OOam Residential 55 dB(A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light Industrial 70 dB(A) 80 dB(A) 65 dB(A, 75 dB(A, Industrial The property is bounded from northeast around to the west by rapidly rising terrain and probably will undeveloped. To the southwest the property abuts to a parcel of land that appears to be an industrial operation having trucks, truck maintenance equipment and heavy equipment storage. To the southeast, the site abuts parcel of land that is undeveloped and could be used as either commercial or industrial. This property is impacted noise from U. S. High 1-70, which runs along the entire southeastern boundary of the property. The Tri-State facility will be used for parking and servicing of heavy trucks and based upon this planned usage be considered to be classified as an industrial zone as defined in CRS 25-12-102§(4). It is expected that there will be about twenty-five to thirty trucks or tractor trailer combinations parked at the that concentration occurring during overnight. During the overnight operations some of the trucks will be running idle rpms, which for most trucks is 500 rpm. It was not possible to obtain a large number of trucks to simulate condition when the facility was fully occupied with trucks. Three (3) trucks were used to conduct baseline measurements, which were: 1. Kenworth, 2007, with Caterpillar 615 diesel engine. 2. Peterbuilt, 1982, with Cummins 400 diesel engine. 3. Kenworth, 1980, with Cummins 350 diesel engine. The three trucks were positioned at about 200 ft. from the southeasterly property line (the existing fence line). actual operations most of the trucks will be parked about 550 to 600 ft. from the southeastern property line where noise test trucks were positioned. During the noise tests the three trucks were operating with the engines running at 1200 rpm, which is a higher speed then the idle speed of 500 rpm. So, running three trucks at 1200 rpm and at a distance of 200 ft. southeastern property line was a reasonable representation of the maximum noise emission situation. The maximum noise levels at the three measurement sites are presented in Table 2. 3925 south kalamath street • englewood, coloredo 80110 • 303.761.4367 • Fax 303.761.4379 01 dynamics edengineering I incorporated Mr. Ron Liston April 10, 2007 Page 2 of 2 Table 2 Maximum Measured Noise Level at 25 ft. beyond the Property Line Three Trucks with Engines at 1200 rpm and 200 ft. from Property Line Site Location Maximum Measured Noise Level — dB(A) Existing Entrance at 25 ft. 56.5 to 54.5 Midway along Fence Line at 25 ft. 56.6 to 56.4 Southern Comer at 25 ft. 51.7 to 52.9 It is expected that during the early morning hours that there will be about fifteen trucks idling in the parking area prior to hauling out. Adjusting the measured noise levels for an increase in distance from 200 ft. to just 500 ft. would lower the measured decibel values by 7.9 dB(A). Then adjusting the noise level for an increase in the number of trucks from three to fifteen would increase the noise level by 6.9 dB(A). This means that in the morning the noise level at the three measurement points, when there were fifteen trucks idling at 500 rpm and getting ready to pull out, would be very close to the dB(A) values obtained during the measurements conducted on April 3, 2007 with three trucks running at an engine speed of 1200 rpm. If you have any questions regarding this information, please contact me at our Englewood office. Sincerely, ENGINEERING DYNAMICS, INC. Howard N. McGregor, P.E. Senior Acoustical Engineer 3925 south kalamath street • englewood, colorado 80110 • 303.761.4367 • Fax 303.761.4379 ANDREW ANTI PAS Eccr oji al a,ad Frtiaixa-k tice-tctai Coit uii!irug, LLC April 3, 2007 Ron Liston Landscape Architect 918 Cooper Ave Glenwood Springs, CO 81601 Reference: Weed Management Plan Tri-State Trucking, LLC Rulison I-70 Interchange Dear Mr. Liston, April 2, 2007, I visited the above referenced site and inspected the site for listed noxious weeds in accordance with Colorado's Noxious Weed Act and Garfield County's land use code. Due to early season growing conditions, a thorough inventory of noxious weeds could not be completed. Therefore, a second site inspection will take place in June of 2007. The weed management plan will be updated to address control measures for any additional noxious weeds species identified at that time. Proposed Project and Landscape Setting The project area is located north and adjacent to the Rulison exit of Interstate 70, which is approximately 9 miles west of Rifle, CO. The proposed project is to construct a truck storage, cleaning, and maintenance facility on 8 acres of the 53 -acre parcel. The land is currently being used for cattle grazing. The terrain is gently sloping north to south with some natural and man made drainage channels running through it. The existing plant community consists of sagebrush, rabbit bush, greasewood, and saltbrush consistent with semi desert shrublands. Results of Site Inspection During the April site inspection, the only noxious weed identified was Tamarisk (Tamarix spp). Tamarisk, also called saltcellar, was found in three locations within the project area. The locations are identified on the attached site plan. Tamarisk was introduced as an ornamental, but has become a serious problem along riparian corridors in the west. It out competes native vegetation, lowers water tables, increases salt content of soils, and makes for poor wildlife habitat. In addition to the Tamarisk, Mr. Steve Anthony (Garfield County Vegetation Management) has identified Chicory (Cichorium intybus) along the entrance drive to the site during the growing season. I did not see any chicory remains, but will look for it during the June inspection. V: 970.963.8297 • M: 970.948.3446 • F: 970.704.0305 0285 Crystal Circle • Carbondale, CO 81623 Recommended Treatment One of the most effective ways of controlling Tamarisk is cutting woody stems close to the ground and painting the cut stems within 30 minutes of cutting using the herbicide Pathfinder 2 or comparable product. Due to the complexity and inherent danger of improperly used or applied herbicide, a commercial applicator should be retained. Two contractors capable of treating the tamarisk close to the project site are Outdoor Services (970-625-1002) located in Rifle, and Native Habitat (970-876-2776) located in Silt. Tamarisk leaves emerge in April, and flowering starts in May. Tamarisk can be treated any time of the year. However, it would be best to organize the treatment as soon as possible before flowering and possible seed set occurs. Best Management Practices Noxious weed control is best done before the plants establish themselves. Noxious weeds invade new sites when native plants and soils have been disturbed, which can occur due to construction, excessive grazing, or flooding. Therefore, the earth disturbance "footprint" during construction should be kept as small as possible. Temporarily disturbed areas will be reseeded with a Garfield County recommended seed mix to prevent colonization of undesirable plant species. Hand pulling of weeds and spot application of herbicide will likely be necessary during this time period. Once weed control has been accomplished with a ground cover of native grasses, containerized native woody species can be added to restore the plant community. Summary • Tamarisk (Tamarix spp) was identified in three locations within the study area. Tamarisk will be treated as soon as possible by a licensed applicator. The project area will be checked regularly over the next several years to insure effective control of Tamarisk. Additional herbicide treatments will take place as needed. • Best management practices will be utilized to minimize the earth disturbance footprint during construction. Temporarily disturbed areas will be stabilized with a County approved grass seed mix for weed control, which will be followed by the planting of native woody species. Hand pulling and spot treatment of noxious weeds will take place during the growing season for the next several years. • A second site inspection will take place in June in order to identify noxious weeds that were not present in early April. The Weed Management Plan will be revised to identify noxious weed species not identified during the initial inspection. The revised plan will outline species-specific treatments for long-term control and eradication of noxious weeds. Thank you for the opportunity to provide ecological consulting services for this project. If you have any questions or require additional information, please do not hesitate to contact me. Ver)j truly yours, Andrew Antipas W O 0 tz OGNnOant aa�v 4 0 z0 9 S o ro N N tO ,LSI7 ,LNV7d 2 9 TT b A Ul p CAD Z D '- 1 1 1 1 1 tTi -9 a a txl t yy�'U IzJ z a b "" O O O ci) O z O z 0 'L7 z �LVLS—Ixs o0671o7oa NOS/71771 0 X3GNI J HS 1 / l �5,`IIfJ�-F� II „60,50000 S M „O3,i7fo6R S li I'I 3 Z A `\ \, \ \\\`\ `I )`\ i s \\ }�\1 4\\11\\ • �illilii//Illp_ NV7d 3IIS d7V3S DIHdV2ID H 0 0 P.O. Box 1908 1011 Grand Avenue Glenwood Springs, CO 81602 Z4NC4NELL4 ,iNO 455OCIwTES, INC. ENGINEERING CONSULT4NT5 April 10, 2007 Mr. Fred Jarman Garfield County Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Tri-State Trucking Dear Fred: (970) 945-5700 (970) 945-1253 Fax We have prepared and submitted the attached well permit application for Tri-State Trucking special use permit. The well is located in Area A of the West Divide Conservancy District (see attached contract). The well will be covered by the West Divide Temporary Substitute Supply plan until the well is adjudicated in the District's batch adjudication program. The well was drilled and has been in operation for four years without any adverse impacts to surrounding well as an exempt domestic well. The only well within 600 feet that was entitled to an impact review has agreed to waive the right to the hearing (see attached waiver). We anticipate that the revised permit will be issued in a timely manner by the Colorado Division of Water Resources. If you have any questions, please contact our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. CA.AA, Ccs Thomas A. Zancanella, P.E. Attachments cc: Ron Liston z:\26000\26414 critton, bill (rulison)\liston-wel permitting.doc COLORADO DIVISION OF WATER RESOURCES • DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 818, DENVER, CO 80203 phone – info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 http://www.water.state.co.us Office Use Only Form GWS-45 (06/2006) GENERAL PURPOSE Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black or blue ink or typed. 1 Applicant Information Name of applicant Harry Naugle c/o Zancanella & Associates, Inc. _—� 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. 0 Industrial • Other (describe): • Municipal Irrigation ►.I Commercial --"" Mailing address P.O. Box 1908 City `State Zip code Glenwood Springs i CO 81602 t Telephone # E-mailE il (Optional) 970 945 5700 ( ) crobinson@za engineering.com Well Data (proposed) Maximum pumping rate Annual to be withdrawn 15 gpm 4.7 CU acre-feet 2. Type Of Application (check applicable boxes) Total depth Aquifer 85 feet 1 Trib. to Colorado River ■ Construct new well Use existing well IN Replace existing well • Change or increase use • Change source (aquifer) ■ Reapplication (expired permit) ■ Other: 8. Land On Which Ground Water Will Be Used Legal Description (may be provided as an attachment): Same as in item 5. If used for cropirrigation, attach a scaled mapthat shows irrigated ( g 9 area.) 3. Refer To (if applicable) Well permit # 254155 Designaateded Basin Determination # Water Court case # WDWCD No. 061214TST(a) Well name or # 4. Location Of Proposed Well "_..._. __....__....... p_. County Garfield SE 1/4 of the NW 1/4 A. #Acres Irrigation of trees only. B. Owner Same as in item 5. --.•• -S-ii,';',';' i Township N or S 25 i 6 • Range E or W 95 • CI Principal Meridian 6th C. List any other wells or water rights used on this land: Same as in item 5. Distance of well from section lines (section lines are typically not property lines) 2,850 Ft. from ❑ N ® S 2,750 Ft. from® EDW 9. Proposed Well Driller License #(optional): 10. Signature Of Applicant(s) Or Authorized Agent For replacement wells only — distance and direction from old well to new weli feet direction Well location address (Include City, State, Zip) • Check if well address is same as in Item 1. 16605 Highway 6 & 24, Parachute, CO 81635 Optional: GPS well location information in UTM format You must check GPS unit for required settings as follows: The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents state that they are true to myknowled9e thereof f (Must original signature) i Date �G ' LC !� ci _ M—C) 7 Print name & title Hiy Naugle, owner Format must be UTM ❑ Zone 12 or ❑ Zone 13 Easting Units must be Meters Datum must be NADS3 Northing Office Use Only USGS map name WE WR CWCB TOPO MYLAR SB5 ..... _. _ ..... DWR map no, Surface elev. ......... Receipt area only DIV WD BA MD Unit must be set to true north Was GPS unit checked for above? • YES Remember to set Datum to NAD83 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (may be provided as an attachment) The western portion of Parcel 217325100022, shown as parcel 3 on the attached survey map. B. # of acres in parcel . C. Owner 54 I Harry Naugle D Will this be the only well on this parcel'? • YES /1 NO (if no — list other wets) Location of proposed alternate not yet decided. E. State Parcel ID# (optional) 217325100022 600 FOOT WELL SPACING STATEMENT I (we) Douglas and Beverly Teter state as follows: 1. I (we) own real property described as: in Section 25 , Township 6 South, Range 95 West of the 6th P.M., in Garfield County, Colorado. Located on my (our) property is(are) the following well(s): Permit No. 254154 , Permit No. 61348-F . 2. I (we) have been apprized that, Harry Naugle , a present owner of a parcel of land in Section 25 , Township 6 South, Range 95 West of the 6th P.M., in Garfield County, Colorado has applied for a well permit to ad uses to a well already existing on his (her) property. I (we) also understand that the purpose of such well is set forth in the well permit application, and that I (we) have reviewed the well permit application attached. 3. The location of the subject well is less than 600 feet from one or more of my (our) wells. By this statement I (we) are specifically waiving any objection to the issuance of a well permit for the subject well, as set forth in the attached application, and would request that permit issuance not be postponed or denied because of any concerns by the Division of Water Resources or others that the proposed well permit will materially affect my (our) well(s) or water right(s). I (we) also specifically waive any right I (we) may have to participate in a hearing before the State Engineer pursuant to Section 37- 90-137(2), C.R.S. Dated this ` day of .?2t 2007. Oce,t d Douglas' Teter moi, Beverly Teter Z:\26000\26414 Critton, Bill (Rutison)\600Waiver-Teter.doc WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET P. O. BOX 1478 RIFLE, COLORADO 81650-1478 water@wdwcd.org Tel: 970-625-5461 wdwcd.org Fax: 970-625-2796 March 21, 2007 Tri-State Trucking P. O. Box 789 Vernal, UT 84078 Ladies and Gentlemen: Enclosed is your approved contract # 061214TST(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its augmentation water from a number of sources and operates its water supply program pursuant to a Temporary Substitute Supply Plan ("TSSP") approved annually by the State Engineer's Office. TSSPs are common for water conservancy districts and West Divide has operated pursuant to a TSSP for several years with no significant reliability issues. Federal policy relating to endangered species, environmental concerns, and forces of nature are always such that no source of water can be guaranteed during any season or from year to year. Further, the State Engineer's Office periodically reviews the geographic area served by West Divide and has recently made a decision to reduce West Divide's Area A Service Area. While your structure is currently located within the West Divide Area A Service Area, the Division Engineer's Office could make another adjustment to the Service Area in the future and your structure could fall outside the Service Area and be subject to curtailment by the State Engineer's Office. West Divide continues to make good -faith efforts to obtain alternative long-term supplies in an effort to make reliable and predictable the water supply anticipated by your contract with us. West Divide also continues to make good -faith efforts to maintain its existing TSSP and keep its Area A Service Area intact. For most years, we expect to be successful in these efforts. This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide, upon request. Non-compliance with measuring and reporting requirements are grounds for cancellation ofyour water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use ofyour well. Sincerely yours, - Janet Maddock Enclosure cc Division No. 5 Water Resources w/enclosure Kerry D. Sundeen, Hydrologist w/enclosure 6/Zancanella and Associates, Inc. Samuel B. Potter, President Kelly Couey, Vice President Robert J. Zanella, Secretary LaVerne Starbuck, Treasurer Bruce E. Warnpler, Director APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. 0. Box i 478, Rifle, Colorado 81650 Contract # 061214TST(a) Map #555 Date Activated 1/1/07 Fax: (970) 625-2796 Telephone: (970) 625-5461 1. APPLICANT INFORMATION Name: Tri-State Trucking Mailing address: P.O. Box 789 Vernal. UT 84078 Telephone: (435)828-0533 Authorized agent: Thomas A. Zancanella. P.E. 2. COURT CASE #'s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER ❑ RESIDENTIAL (check applicable boxes) ❑ Ordinary household use Number of dwellings: ❑ Subdivision: No. constructed units: No. vacant lots ❑ Home garden/lawn irrigation of sq. ft. Method of irrigation: ❑ flood 0 sprinkler 0 drip 0 other ❑ Non-commercial animal watering of animals ❑ Fire Protection ❑ Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: Well Sharing Agreement for multiple owner wells must be submitted. If greater than two owners, application nest be made under a homeowners association. ❑ COMMERCIAL (check applicable boxes) Number of units: Total sq. ft. of commercial units: Description of use: D INDUSTRIAL Description of use: Office and shop for trucking opperation. Tree watering. Evaporation: Maximum water surface to be exposed: 0.00 Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: ❑ MUNICIPAL Description of use: ❑ DIRECT PUMPING Tributary: Location: 4. SOURCE OF WATER Structure: Well Structure Name: Source: ❑Surface ❑Storage DGround water Current Permit # 254155 (attach copy) 5. LOCATION OF STRUCTURE Garfield SE County Quarter/quarter 25 Section NW 6S Township Distance of well from section lines: 2,850 ft from South line 2,750 ft from East line Quarter 95W Range 6th P. M. Elevation: 5,200 ft above MSL Well location address: 16605 Highway 6 & 24 Parachute, CO 81635 (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment) See attached maps. Number of acres in tract: 54 Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM D Septic tank/absorption leach field ❑Central system ❑Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 4.7 see attached table (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requested. Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contract and agrees this application is made pu y9ant and subject to the terms and conditions contained therein. /- Applicant Signature Applicant Signature Application Date: /D — 0 ISSUED AS AREA B CONTRACT YES X NO The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form # WDWCD 050901 APP Summary of Anticipated Water Usage E ( 0 0 0 0 0 0 0 0 O M V N H0 J r a E � a N 0 Fe m U N J LL a u d CL gH u d d @ 0 .4 0 mor, E > r ✓ O CA Cl 0 d = N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .. W 0 0 0 0 0 0 0 0 0 0 0 0 E4 0) F a E W fn 5 ry O N ii 000,-enwnna(M+;6 6666606666664 - O O 0.- N M V V M M N 0 0 0 O O O O o O O O O 666606666666 m m m M v 0 0 0 6 606666666666 N O V 0 V _M O M N N vi Na .7 i N n N N O O O 04000U)000404 O O O M 0 0 6 r r N M 0 0 x 0 0 0 0 0 0 0 0 .?777N70...79' 0 0 0 0- N L0 (0 N ((i V 0 0 0 00 O I0 O O M n 0 0 0 0 0 0 0 00000000000= '-00000, 00 V (0 W N C 0 0 0 0 M r` r o M 606666666666 666666666666 06066,6606660 0 0 0 0 0 0 0 0 00 00 000000000000 (‚40404 N N N N N N N N N 000000000000 000000000000 M M M M M M M MM M M 000000000000 000000000000 66066666666c; 0 0 0 0 0 0 0 0 0 N O 0 O n N N O N O N 0 O 07 N N O N .0 N Nj Nj N N N N r N N n O N N N aD r M O N N O M V M M M N V O O O N N 0 m 0 0 I0 V J 6 0 0 0 6 O O .- O O O N O v M O N 04 0 0 O.0) 00 (0 N M (0 V 00 00 0 0 0, V 0 0 0 0 M M 6666666666666 ' 0 0 0 0 0 0 0 0 0 0 0 100000000000 U N N N N N N N N N N N 00000000000 66666666666 s lair y E'5 EE52E"�m=-3'o Eo 28 -'LL 0)' N Q a U ZO LL NO 0 u1'o" g o E E f � ti c E c E E y E E 88L'88 W W W W )F E E E E 0 000U U U00 V V U EE U U U v U AGAIN Name of Applicant: Contract # 061214TST(a) Map #555 Date Activated 1/1/07 1171' c'T Tl TT TTTW, TT7 A TTTTI f XT CSTTTt 7 .A 'X Tr", 7 TRTS. MT -1, T!'�m W 113 1 LJ1 V 11Jr, W ti 1111\ l.VIN J111\ V 111N t_ 1 L113 1 IC11._ 1 WATER ALLOTMENT CONTRACT Tri—State Trucking Quantity of Water in Acre Feet: 4.7 acre feet Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at 1 such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement. is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 OS Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicants use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicants rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to awell sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 3 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and PIace of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. WeII Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all 4 water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any Iegal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. 5 Applicant Applicant STATE OF � i ) ss. COUNTY OF (1771�=1/'7/%6 ottunitip The foregoing instrument was acknowledged before me on this 7 day of l�( ,.%'''`wr C r by / L/ /- / ! ! /✓ ` %'dmC i- . Witness my hand and official seal. �y commission expires: ::::.1.4.: `�� oNotary Public `�- STATE OF) 8 L i G..`©o)ss.. ..•`Olt.��<``FelNor ct`{5�\3 ,`!e COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 20 , by . Witness my hand and official seal. My commission expires: Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By President /7-6 Date e 1 Di This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form #WDWCD 050901 CONTRACT. 6 April 7, 2007i Bill Critton Tri-State Trucking, Inc. P.O. Box 789 Vernal, UT 84078 Re: Parcel 3 — Special Use Permit — Site Rehabilitation Plan SE Job #: 26166.01 Dear Bill: EXHIBIT This letter is in reply to the Garfield County Staff Report (dated 3/14/07) requesting a Site Rehabilitation Plan that should be submitted to the Garfield County Vegetation Management Department in regards to the Special Use Permit Application for Parcel 3 of the Naugle Boundary Survey (in Rulison, Colorado). Existing Conditions The site is just north of the Rulison exit (#81) on Interstate 70 and has direct access from the highway with very little impact to existing traffic. Ground cover is comprised mostly of sparse sage and dirt with dry channels that convey historic flows across the site. The soil type within the development area is classified as "Nihill channery loam" per the National Cooperative Soil Survey web site. The existing site topography slopes toward the existing 72" culvert in the south-east corner of the property; and drops approximately 60 feet from north to south, with an average slope of 5% toward Interstate 70. Currently the entire site drains toward the southeast corner and then follows existing drainage channels under Interstate 70 to the Colorado River. Proposed Development The site will consist of a 9.4 acre truck and trailer maintenance and storage area including a 1 story structure with a gross building area of 6,800 S.F. Potential future expansion includes a 1,520 S.F. detached truck wash, a 3,600 S.F. shop expansion, and two 4,000 S.F. storage buildings for a total potential build -out of approximately 20,000 S.F. of enclosed buildings. During construction the existing topsoil should be stripped approximately 12" and stockpiled in a berm along the northern edge of the proposed parking area. (See Grading, Drainage & Erosion Control Plan for location). This stockpile of topsoil shall be used to reclaim the site per the following plan. Reclamation Post -construction, the site will be vegetated and reseeded per the proposed landscaping plan. Final site reclamation will be performed within one year of the business closure or discontinued construction. The purpose of reclamation is to stabilize disturbed areas and establish a self-sustaining vegetative rangeland for cattle operations. Tri-State Trucking reserves the right to modify this plan based on Best Available Technology at the time of rehabilitation. Structure Removal Buildings would remain in place but would be abandon in accordance with the regulation in place at the time of reclamation. No live services would remain. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants SE. JOB 26166.01 April 10, 2007 Page 2 Topsoil Replacement & Grading Reclaimed areas should be graded to match existing conditions and not exceed a 3:1 slope. All existing drainage channels must be retained or diverted to provide continuous uninterrupted flow to the existing 72" culvert in the southeastern portion of the property. Topsoil stockpiles created during construction shall be redistributed over the surface after any subsoil has been replaced and all grading has been complete. Grading and soil replacement should not be done in wet and frozen conditions to avoid unstable soils. Seedbed Preparation Once the topsoil has been redistributed over the disturbed areas, soil should be tilled to a minimum depth of 4" and all rock material that exceeds 4" diameter or larger shall be removed. If the topsoil is occupied by 20% or more rock, than the rock shall be reduced to less than 20% of the surface area. Seeding Methods and Times Spring reseeding shall be performed prior to May 15th and fall seeding shall be performed after August 30th but prior to soil freezing. Seeding will consist of drill seeding with a rangeland drill to a planting depth of /a" to Y2" on slopes less than 3:1. If any slopes exceed 3:1 or are not accessible for drill seeding, then broadcast seeding and hand raking of cover soil will be acceptable. A certified weed -free straw or grass type mulch shall be applied within 24 hours of reseeding to all reclaimed areas. Mulch shall be applied at 2 tons per acre for straw mulch, and 1-1/2 tons per acre for grass hay. Mulch shall be crimped into the soil surface using a commercial mulch crimper, a straight disc, or bulldozer tracks (in areas too steep to crimp in place). Seed Mixture The seed mix shall be a dry land mixture approved by Garfield County. The seed mix should provide adequate long -tetra reclamation. cc: Ron Liston Craig Richardson From: Jim Rada Sent: Friday, April 13, 2007 3:20 PM To: Craig Richardson Subject: Naugle SUP Application Review Attachments: Jim Rada.vcf Page 1 of 2 EXHIBIT 8 5 Craig, Here are my comments regarding the information you forwarded me about the referenced SUP application. 1. CDPHE indicates that with 15 employees at the facility and 35 transient employees, the water system will be considered a transient, non -community water supply that will be regulated by CDPHE. Therefore, the applicant should have water system approval by CDPHE before we approve the SUP. 2. The application indicates water supply is not safe for human consumption due to high radioactivity levels (gross alpha and gross beta). CDPHE has indicated that as a transient non -community water system, the operator may be allowed to utilize bottled water as a long-term supply of drinking water but that if the system designation were ever to change to a non -transient, non -community water system, then bottled water would only be allowed as a short-term solution and that the owner would be obligated to find a long- term solution for using the groundwater as a drinking water supply such as finding a new source or providing a treatment system that can treat to required levels. Depending on the type of treatments system chosen this could create issues of increased wastewater flow (for RO systems) and potential for creating a source of low-level radioactive waste. 3. Nitrate levels in the sample are approaching the primary drinking water standards maximum contaminant level. If this system goes to CDPHE for review, I will have to sign off on that application and I would encourage more frequent nitrate testing (probably quarterly) until such time as the nitrate levels appear to be stable and below the standard. We may also want to require this even if the state decides that the system is not in their jurisdiction. 4. The SUP application also indicates that chemicals and petroleum products will be stored in a facility that meets building and fire code requirements. I am not familiar with those requirements. I am also wondering about waste oil and other waste fluids/products. Will they be stored in the building or will there be other facilities (perhaps outside) for these wastes? Also, what assurance is there that there will never be fueling operations on site. In any case, all of these materials should be stored in areas, with appropriate, approved containment systems. If possible, we should also condition the permit to require a spill containment and control plan along with a spill clean up plan and an approved waste disposal plan to assure us that both the clean fluids and waste products will be managed in accordance with all applicable laws and regulations. Having recently dealt with a very poorly managed vehicle maintenance facility, I believe we should take advantage of this review process to require appropriate assurance by the operator that they will manage chemicals and wastes in a manner that never allows for environmental contamination. 5. The noise report generates some tricky questions. Although the test measured sound levels from 3 trucks some 200 feet from the entrance revving at 1200 rpm, is the idling noise from trucks all that we are concerned about? What about noise at the entrance when trucks are coming and going from the facility? What about intermittent noise from equipment and various operations within the facility? Also I asked about the zoning designation on this site. What noise standard will apply? I believe that once in full operation, this facility could violate the noise statutes especially if the residential or commercial (maybe even the light industrial) zone designations are applied. And because the hours of primary truck operation straddle the different time periods, it is possible that the night sound levels will be more frequently violated. At this point, I don't have any good suggestions about how to deal with noise but it seems possible that the folks that live 600 feet from this facility could have noise issues in the long run from the 24/7 operation. 6. A stormwater permit must be obtained from CDPHE prior to beginning earth moving activities. 7. No specific site evaluation or design information regarding the ISDS to serve this facility is included in the application. The site plan indicates a leach field area confined to a location between the office building and the future truck wash facility. It is not possible with such little information to really determine if the site will accommodate an ISDS. The consulting engineer gives some general information regarding estimated 4/23/2007 Page 2 of 2 waste flows but does not show how he arrived at those numbers. He also estimates the soil application rates but there is no soils information to support this estimate. I think it would be appropriate to require appropriate soils tests and a bit more design information to convince me that the limited area will be sufficient for the planned system. Jim Rada, REHS Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada@garfield-county.com Web www.garfield-county.com 4/23/2007 PC 05/02/2007 CR Continued from 03/14/2007 Harry and Rhonda Naugle Special Use Permit REQUEST Special Use Permit to allow an "Industrial Support Facility" APPLICANT / OWNER Harry and Rhonda Naugle LOCATION West of the 1-70 Interchange at Rulison, Colorado SITE DATA 54.01 acres EXISTING ZONING Resource Lands (Gentle Slopes/Lower Valley Floor) WATER SEWER STAFF RECOMMENDATION Well ISDS Denial 03/14/2007 Meeting Outcome A public hearing regarding this application was held on March 14th, 2007. At this meeting, the Planning Commission moved to continue the public hearing in order to allow the Applicant time to address deficiencies in the submitted application. Staff requested that the following items be addressed in order to determine compliance with Federal, State, and County Regulations. 1 The Applicant shall provide proof of legal water supply adequate for the proposed use; 11 The Applicant shall demonstrate how potable water will be provided on- site; 111 The Applicant shall demonstrate that the proposed use can operate in compliance with Colorado State Noise Statute §25-12-101; 1 PC 05/02/2007 CR Continued from 03/14/2007 IV The Applicant shall demonstrate how the wastewater generated from the proposed truck washing facility will be disposed of; V The Applicant shall provide a site rehabilitation plan; VI The Applicant shall provide a weed management plan including inventory and mapping of County listed noxious weeds; VII The Applicant shall provide a SWMP; VIII The Applicant shall demonstrate that the proposed use will not impact wildlife migration routes; I&II - WATER The Applicant is in the process of obtaining water rights from the West Divide Water District. The supplemental data provided by the Applicant was referred to Jim Rada, Garfield County Environmental Health Manager. The Colorado Department of Health and Environment (CDPHE) indicated that the proposed use would be classified a "Transient Non -Community Water System". (75) Non -community water system means a public water system that is not a community water system. A non -community water system is either a "transient. non -community water system" or a "non -transient, non -community water system." (118) Transient. non -community water system means a non -community water system that does not regularly serve at least twenty-five of the same persons over six months per year. A CDPHE approved "Transient Non -Community Water System" is required. Should the CDPHE determine an approved system is not necessary the Applicant must provide a written opinion from the Department prior to issuance of the Special Use Permit. (Exhibit 0 — Garfield County Environmental Health Comments items 1-3) 1. CDPHE indicates that with 15 employees at the facility and 35 transient employees, the water system will be considered a transient, non- community water supply that will be regulated by CDPHE. Therefore, the applicant should have water system approval by CDPHE before we approve the SUP. 2. The application indicates water supply is not safe for human consumption due to high radioactivity levels (gross alpha and gross beta). CDPHE has indicated that as a transient non -community water system, the operator 2 PC 05/02/2007 CR Continued from 03/14/2007 may be allowed to utilize bottled water as a long-term supply of drinking water but that if the system designation were ever to change to a non- transient, non -community water system, then bottled water would only be allowed as a short-term solution and that the owner would be obligated to find a long-term solution for using the groundwater as a drinking water supply such as finding a new source or providing a treatment system that can treat to required levels. Depending on the type of treatments system chosen this could create issues of increased wastewater flow (for RO systems) and potential for creating a source of low-level radioactive waste. 3. Nitrate levels in the sample are approaching the primary drinking water standards maximum contaminant level. If this system goes to CDPHE for review, I will have to sign off on that application and I would encourage more frequent nitrate testing (probably quarterly) until such time as the nitrate levels appear to be stable and below the standard. We may also want to require this even if the state decides that the system is not in their jurisdiction. III — COLORADO STATE NOISE STATUTE §25-12-101 The Applicant has provided a sound analysis conducted by Engineering Dynamics Incorporated (EDI), on April 3rd, 2007. The analysis demonstrates sound measurements for three trucks idling at 1200 RPM. Activity on the site will include trucks entering and exiting the property, on-site repairs utilizing equipment that should be contemplated in the sound analysis and loading/unloading of equipment. The sound analysis provided is not an adequate representation of the proposed use. The provided data demonstrates that the proposed use can not operate within the Residential Zone standards. Zone 7 am to 7 pm 7 pm to 7 am Residential 55 dB(A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light Industrial 65 dB(A) 70 dB(A) Industrial 80 dB(A) 75 dB(A) (COLORADO STATE NDISE STATUTE §25-12- The existing use on an adjacent parcel is residential. According to State Statute the volume of sound generated by the proposed use can not exceed 55 dB(A) during the hours of 7 am to 7 pm and 50 dB(A) 7 pm to 7 am. This standard is exceeded. (EDI on-site measurements) 3 Table 2 Maximum Measured Noise Level at 25 ft beyond the Property Line Three Trucks with Engines at 1200 rpm and 200 ft from Property Line Site Location Maximum Measured Noise Level — dB(A) Existing Entrance at 25 ft 56.5 to 54.5 Midway along Fence Line at 25 ft. 56.6 to 56.4 Southern Comer at 25 ft. 51.7 to 52.9 3 PC 05/02/2007 CR Continued from 03/14/2007 The analysis does not represent all activities associated with the proposed use. According to the provided analysis the proposed operation can not comply with State Statute as proposed. Open Space Existing Resident; e[ Use R+L Subject Property R/L .j Commercial . RIL Existing SUP Exiting Residence The requested Special Use Permit will allow for 24hr operation at the subject property. A residential use exists on an adjacent property requiring that the Residential Zone Standard be met. The proposed use is not in compliance with Garfield County Zoning Resolution 1978, as amended §5.03.08 (1). (Exhibit 0 — Garfield County Environmental Health Comments item 5) 4. The noise report generates some tricky questions. Although the test measured sound levels from 3 trucks some 200 feet from the entrance revving at 1200 rpm, is the idling noise from trucks all that we are concerned about? What about noise at the entrance when trucks are coming and going from the facility? What about intermittent noise from equipment and various operations within the facility? Also I asked about the zoning designation on this site. What noise standard will apply? I believe that once in full operation, this facility could violate the noise statutes especially if the residential or commercial (maybe even the light industrial) zone designations are applied. And because the hours of primary truck operation straddle the different time periods, it is possible that the night sound levels will be more frequently violated. At this point, I don't have any good suggestions about how to deal with noise but it 4 PC 05/02/2007 CR Continued from 03/14/2007 seems possible that the folks that live 600 feet from this facility could have noise issues in the long run from the 24/7 operation. IV — ADDRESSED ON 303/14/2007 V — SITE REHABILITATION Garfield County Vegetation Management has recommended that the Applicant provide documentation regarding the proposed seed mix to be used on-site. It is also recommended that the County require a reclamation security of $18,000. VI — WEED MANAGEMENT Garfield County Vegetation has requested that the Applicant provide treatment records after treatment of noxious weeds on-site. VII — Storm Water Management Plan (SWMP) The Applicant is required by CDPHE to submit SWMP. If this application is approved a copy shall be provided to Garfield County. VII — IMPACT ON WILDLIFE Beattie Wildlife Consulting, Inc. submitted an Impact statement and testified during the March 14th, 2007 public hearing that the proposed use would not have an impact on existing migration corridors of Mule Deer and Elk. STAFF RECOMMENDATION An "Industrial Support Facility" is contemplated as a Special Use in the Resource Lands (Gentle Slopes/Lower Valley Floor) Zone District. Uses by right within the Zone District do not include industrial or commercial activities. The Applicant is required to comply with all standards identified in §5.03, §5.03.07 and §5.03.08 of the Garfield County Zoning Resolution. Standards identified in §5.03.08 (1) can not be met. As demonstrated in the Sound analysis conducted on-site by EDI the proposed use will exceed the requirements of Colorado State Noise Statute §25-12-101. This will affect the current and future owners of the adjacent residential parcel located near the measurement taken at existing entrance. Staff recommends that the Planning Commission recommend that Board of County Commissioners DENY the request to allow an Industrial support facility on a property owned by Harry and Rhonda Naugle. Existing Entrance at 25 ft 56.5 to 54.5 5 MEMORANDUM To: Craig Richardson From: Steve Anthony Re: Naugle SUP Date: April 24 , 2007 The weed management plan is acceptable. Please have the applicant submit application treatment records to this office after they treat the noxious weeds on site Staff suggests a reclamation security of $18,000. 9 acres x $2000. The applicant needs to provide the County with a proposed seed mix.