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HomeMy WebLinkAbout2.0 BOCC Staff Report 07.03.1995BOCC 7/3/95 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: Special Use Permit for a commercial logging operation Louisiana-Pacific Co. and Chris Halandras A tract of land located in portions of Sections 29, 30 and 32, T3S, R94W of the 6th PM; more practically described as a located along CR 230 (Ute Stock Road), approximately fourteen (14) miles north of Rifle. 640 acres N/A N/A Via County Road 230 and Pieance Creek Road A/R/RD A/R/RD L RELATIONSHIP TO TI -IE COMPREHENSIVE PLAN The parcel is located in "Unclassified Lands" of the Garfield County Comprehensive Plan. II_ DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located east of the Piceance Creek drainage in the Mullen Gulch area, and is currently used for ranching purposes. The site ranges in elevation from 8,600 to approximately 9,200 feet. The area is heavily vegetated, yvith significant stands of Aspen and Pine. A vicinity map is shown on page if B. Project Description: The applicant is requesting a special use permit for a commercial logging operation. The request to allow the logging of 155 acres of aspen from a 640 site. The applicant's cover letter describes the purpose of the operation to "remove 150 acres of diseased and decadent Aspen and Balsam Fir • • from the Haladras property in order to stimulate regeneration of the aspen stand, and improve domestic and wildlife feed". Louisiana-Pacific (L -P) intends on subcontracting the logging to Winkler Logging out of Delta and Brandt Logging of Lazear . Operations would begin in the summer of 1995, and completed before November, 1995. The length of the contract between L -P and Mr. Halandras is through March 15, 1997. A npy of the project description and Impact Statement is attached on pages ip), . The location of the proposed cutting sites on the property are shown onpage '/Z'. III_ MAJOR ISSUES AND CONCERNS A. Zoning: Site for extraction, processing, storage or material handling of natural resources are special uses in the A/R/RD zone district. As a special use, certain requirements must be met: 5.03 (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health officer shall either be in place or shall be constructed in conjunction with the proposed use; (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. 5.03.07 (1) An impact statement demonstrating that the application shall be designed and operated in compliance with the applicable laws and regulations of the County, State and Federal governments, and will not have a significant adverse effect upon: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; (B) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; (C) Wildlife and domestic animals through creation of hazardous attractions, alteration or existing native vegetation, blockade of migration routes, use patterns or other disruptions. (2) Truck and automobile traffic to and from such uses shall not create hazards or nuisances to areas elsewhere in the County; • • (3) Sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed uses; (4) Permits shall be granted for those uses only with the provisions that a satisfactory rehabilitation plan for the affected land be submitted prior to commencement of such use. 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 the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibels, with a maximum increase of five (5) decibels permitted for a maximum of fifteen (15) minutes in any one (1) hour, at any point of any boundary line of the property on which the use is located; (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; (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; (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; (5) Storage 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 Fire Code; (B) At the discretion of the County Commissioners, all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; (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; • • (D) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulations; (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 operations 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. 5.03.12 Access Routes: All conditional uses and special uses must be provided with access routes of adequate design to accommodate traffic volume generated by the proposed use and to provide safe, convenient access for the use constructed in conjunction to the proposed use. The minimum design standards shall be the Garfield County Road Specifications. The following are the staff responses to the applicant's proposal: 5.03.07 Industrial Operations (1)(a) Surface Water Impacts. The applicants have represented that "areas to be harvested and road locations have been situated so as to avoid existing water courses, streams, riparian areas and wetlands so as to cause no adverse effects regarding surface run-off, stream flow or ground water". (b) Impacts on Adjacent Lands. Impacts on adjacent lands likely will be visual. Visual impacts of the project appear to be limited due to the remoteness of the site. In staff's opinion, the natural topography of the site appears to adequately screen both the summer and winter logging areas from any nearby uses. The nearest residential use is at least 4 miles away. The lease agreement between Mr. Hallandras and L -P includes a stipulation that roads that Mr. Hallandras selects to close following take o oration will be revegetated. A copy of the lease is included on page (c) Wildlife Impacts. The applicants have indicated that the proposed use will not impact wildlife corridors, and will likely improve habitat in the area by additional grazing land on the property. (d) Truck/Automobile Traffic. The applicants have proposed the following haul route associated with the proposed project: County Road 352 (Piceance Creek Road) south to State Highway 13 (approximately 3.5 miles), and then to I-70 via the Rifle bypass. The logs would then travel to Olathe. The application does not identify the anticipated number of trucks, but a previous application expected approximately six loads per day from the project site. County Road 352 is considered an unimproved gravel road by the Garfield County Road and Bridge Department. Staff contacted King Lloyd, Garfield County Road and Bridge Supervisor regarding the project. King is concerned that due to the pavement condition of CR 352, road damage could be an issue. • 1 King suggested that the County require a road bond of approximately $5000.00 per mile. Assuming a distance of 3.5 miles to SH 13, a bond of $17,500 to address potential road impacts associated with the SUP. He also noted that the same warning signs need to be posted on the haul route, that were required previously. Garfield County does not currently provide snow -plowing services on the proposed haul route. L -P proposed to plow the haul route when necessary in the previous application. It is suggested that the same condition of approval contained in the previous permit, requiring proof of insurance and some form of indemnity agreement to protect the County from liability, be included in any approval. (e) Distance from Adjacent Property Owners. see above. (1) Mitigation Measures. Staff suggests that provisions of the lease, in addition to the proposed conditions of approval provide adequate mitigation of the operation. (2)(a) Site Rehabilitation. As discussed above, provisions of the lease appear to address site rehabilitation. (2)(b) Security. Staff suggests that the proposed bond for road impacts adequately addresses security. Section 5.03.08 Performance Standards (1) The applicants have indicated that noise levels will meet all existing state and federal regulations pertaining to mufflers and spark arresters. The remoteness of the property should limit noise impacts associated with the operation. (2) The applicants do not expect any detectable vibrations from the logging operation. (3) The applicants have indicated that smoke and particulate matter shall be controlled as per state and Federal standards. Section 5.03.12 A basic finding of a safe access route must be made by the Board of County Commissioners. Staff suggests that with the placing of a bond and the signs, the proposed project is consistent with the section. Section 9.03.05 - Periodic Review This section allows for the periodic review of a SUP if deemed necessary by the Board of County Commissioners. • • B. AGENCY COMMENTS (1) White River National Forest - The Forest Service has noted that the penalties for cutting on National Forest are severe and they urge the applicants to make sure of their cutting areas. They also note that no log hauling will be allowed on Forest Service oad 837 without a permit. No permit has been obtained. (See letter pg!I") (2) Bureau of Land Management - The BLM has the same concern about the encroachment of logging activities on their property. They have requested that the common boundary between their property be surveyed and marked, prior to harvest. (See letter pe/47- ) IV. SUGGESTED FINDINGS 1. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all parties were heard at the meeting. 2. That the proposed special use conforms to the application requirements of the Garfield County Zoning Resolution of 1978, as amended. 3. That the proposed land use will be compatible with existing and permitted land uses in all directions if appropriate conditions are attached to the permit. 4. That the proposed use will comply with all applicable standards contained in the Garfield County Zoning Resolution of 1978, as amended. 5. That for the above stated and other reasons, the proposed special use is consistent with the best interests of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends approval of the SUP, based on the following conditions: 1. That all verbal and written proposals of the applicant shall be considered conditions of approval, unless specified otheri by hhe and of County Commissioners; iYO--IAerat !! l 2. The applicant shall pr -o Ode la $17,500 road bond to the Road and Bridge Department prior to the issuance of the SUP. 3. That the applicant shall provide evidence of adequate insurance to indemnify the County from any liabilitx due to a lack of snow r moval a intenance on he �;/1 proposed haul rout . f t l 71 Cid'1-7)17'1 �' ;/.c 4�) /f CI -6 0/44_,/-/ 15/2 -A) (:"1//20-1,44/nil!? 71/4, 4. Signs will be posted on the haul route by the applicant regarding potential safety concerns associated with heavy truck traffic. The placement of signs shall be coordinated with the Garfield County Road and Bridge Department. • • 5. That the common boundaries with the National Forest and BLM be surveyed prior to initiating any harvest activities and that any permits for the use of Forest Service roads be aquired prior to issuance of the SUP.