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HomeMy WebLinkAbout2.0 BOC Staff Report 06.05.2006• • Exhibits for Oldcastle SW Group, LLC and Yvonne Chambers SUP Public Hearing held on June 5, 2006 Exhibit Letter (A to Z) Exhibit A B Mail Receipts Proof of Publication C Garfield County Zoning Regulations D E F Garfield County Comprehensive Plan of 2000 Project Information and Staff Comments — September 3, 2002 Letter from DOW dated February 4, 2006 G H Copy of the City of Rifle Water Shed permit Memo from Steve Anthony, Vegetation Management dated April 4, 2006 I Letter from Michael Erion, Resource Engineering dated April 5,2006 J K Application from Oldcastle SW Group and supplements Old Castle SW LLC supplementary information submitted to the Planning Commission • L M N 0 Pictures submitted by Jenna F(*an 4 G"oSsv n€ (�A,t /c ' /p,irA ithit- v- dh L �r/tn� ks j OG WI/if( ,1-14A-' 604 P Q Pie hart i 7tf)-71 R S T U V W X Y Z AA BB CC DD EE FF GG HH • • 1 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT LOCATION SITE INFORMATION EXISTING ZONING ADJACENT ZONING BOCC 6/05/06 MB Special Use Permit for "Extraction, Processing and Material Handling of Natural Resources" Old Castle SW, LLC and Yvonne Chambers The subject property is approximately one (1) mile east of Rifle off of State Hwy. 6 Approximately 74.533 acres AI (Agricultural / Industrial) ARRD / AI I. DESCRIPTION OF THE PROPOSAL A. General Project Description The Applicants requests the Board approve a Special Use Permit (SUP) for "Extraction, Processing and Material Handling of Natural Resources" to operate what is to be known as the Glen gravel pit. The proposed gravel pit will occupy 35.51 acres of the properties in the application. The applicants propose to mine the property over a 2.8 year period of time, at an average of 300,000 tons a year. Aggregate sales are estimated at an average of 190,000 tons./yr., concrete at 75,000 tons/yr. and asphalt at 35,000 tons/yr.. The life expectancy of the mining operation is based upon the average annual rate of production. If the rate of production is increased to an identified maximum rate of production of 510,000 tons./yr., the life of the mining operation will be shortened proportionately. The maximum tonnage projected for the site 739,736. Facilities proposed to be located on the site, include portable processing crushing, screening, washing , cement, and asphalt plants. The plants will be brought in on an as needed basis and after the initial excavation, will be located in the pit bottom. An office is proposed, which will also have the scales. Initially, the office may be one of the existing houses on the property. The house would be replaced by a portable office trailer, after mining progressed into the area of the house. In addition to the processing equipment and office, there will be the following heavy equipment: • • • Front End Loader 2 Bulldozer 2 Water Truck 1 15t On -Road Haul Truck 5 25t On -Road Haul Truck 5 Off-road Haul Truck 5 Grader 1 Belly Scraper 2 All of this equipment will be kept on site, in the bottom of the pit after the initial phase of excavation. There also be a 5,000 gallon double walled fuel storage tank near the office. If a single walled fuel tank is used, it will be located in a bermed containment area that is lined. Initially, it will be necessary to dewater the pit. This will be accomplished by installing a perimeter dewatering trenches. The trenches will lead to a sump. Water will pass through a gravel berm to filter out some of the sediment. Prior to discharge, the water will pass through a settling pond to remove additional sediment. The sediment pond will be located in a depression created by the original land owner as a stock watering pond. The water is expected to seep into the river due to porous nature of the native gravel. Water not seeping into the ground will be transported to the river via a rip -rap lined spillway. Initially, it will be necessary to pump the pit at a rate of 3,000 gallons per minute, with the rate reduced to a 1,000 gallons per minute during the normal operation of the pit. After the pit has been dewatered, the mining will be initiated. Top soil and overburden will be removed first and stored for use in berms and as backfill on the slopes of the pit in reclamation. The front end loaders noted previously will be used to mine the raw gravel. In the beginning the pit will have steep walls, but as the mining moves out to the perimeter of the pit, the walls will be sloped 3:1. The front end loaders will load directly to a primary crusher or to trucks which will transport the material to the crusher. Access to the site is off of State Highway 6, with a crossing over the railroad between the highway and property boundary. The projected volume of traffic is projected to be 400 trips per day, with peak hour volumes of 25 vehicles. Proposed hours of operation are 5:00 AM to 9:00 PM, six days per week with most sales taking place during the daylight hours . When the portable crushing plant is on site, it runs 14 hours per day, 6 days per week. They are proposing occasional nighttime and Sunday operations to provide for specific demands such as overnight paving work. B. Site Description The site is located on the north bank of the Colorado River, approximately one mile east of Rifle. Presently, each of the original property owners homes are located on the property. Two of the properties have existing livestock operations that will be discontinued as the mining operations encroach on areas used for livestock. The • majority of the property is open pasture land which is above the river bottom by about 10- 12 feet. The bank adjacent to the river bottom land has stands of larger cottonwood trees and riparian vegetation. A portion of the western most property is the recently reclaimed Chambers Pit, which is a pond that will provide wildlife habitat. Further west and to the south across the river are other existing gravel operations. 6. Zoning The subject property is zoned A/I. The type of uses requested falls under the definition of "Extraction, Processing and Storage of Natural Resources" which are contemplated as special uses in the ATI zone district. 7. Applicability Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. II. REVIEW AGENCY AND OTHER COMMENTS Comments have been received from the following agencies / community groups and are integrated throughout this memorandum as applicable. • 1. City of Rifle: Watershed permit Exhibit G 2. Colorado Division of Wildlife: Exhibit F 3. Garfield County Vegetation Management: Exhibit H 4. Resource Engineering: Exhibit 1 III. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to all requirements listed thereunder and elsewhere in the Zoning Resolution, as well as the following 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. Response The Applicant proposes to bring bottled drinking water and sanitary facilities on site for workers. The County has allowed the use bottled drinking water and portable sanitary facilities for similar operations. No portable sanitary facilities should be located in an area subject to flooding by the river. Given that the mining plan does not propose mining in the flood plain, this should not be an issue. • • Michael Erion, Resource Engineering Inc., engineering consultant for the County, notes that the proposed Substitute Water Supply Plan does not include any domestic water use for this project. If the applicant proposes to use anything other than the proposed bottled water or portable toilets, the Special Use Permit will have to be modified. 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. Response The application states that traffic to and from the facility will generate 400 trips per day, 25 trips during both the morning and afternoon peak hours. It should be noted that a trip is a one way trip, going in and out of the location is two (2) trips. Based on this calculation, the applicant's consultant has determined that no highway improvements will be necessary in an application to CDOT for a Highway Access permit. The consultants do note the need to maintain or put in new signs at the approaches to the railroad crossing, warning drivers of the close proximity of the railroad to the highway. It was noted by the applicant that they have a concern about the site distance to the east at the intersection with the railroad. The trains are not visible for a period of time that would allow some of the longer haul trucks to cross the tracks safely given that the trains will be traveling at a higher rate of speed. CDOT has verbally noted that they will be requiring a letter from the railroad approving the use of the crossing for the proposed use and the railroad has indicated to the applicant that it will require a signalized crossing, including cross arms. The applicant has indicated that they expect it to take over a year to get the gates installed. As an alternative, the applicant's have received permission to develop an alternate access road through the Chambers Pit to the west on lands controlled entirely by United Companies. This alternate route has been shown on a revised map, that is a part of this application and submitted to CDOT for their review. CDOT has indicated that they will accept this alternative based upon the fact that the proposed traffic will not increase the volume of traffic presently using that access point. Prior to the use of the original access, the applicant will have to get an approved access permit for an access permit from CDOT and submit a copy to the County Building & Planning Department. The Planning Commission also required that an easement across the affected properties for the alternate access and an updated CDOT Access Permit be presented to the County prior to the approval of the Special Use Permit. 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. Response The proposed use is located on property that includes existing gravel pits to the west and south, and another being proposed on the property directly east of applicant's property. To the north, the proposed gravel pit is separated from light industrial uses by State Highway 6 and the DRG&W railroad. Once the initial phase is over the only visible signs of the operation from • any direction will be the truck traffic and the overburden used in some berms. No landscaping is being proposed, but screening the proposed gravel pit from the same or similar uses does not appear to be necessary. The application complies with this requirement. Section 5.03.07 I -Industrial Operations] Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through depletion or pollution of surface run-off, streamflow or ground water. Response As noted previously, the applicant is not proposing to use any water for domestic use, except bottled water brought on site for consumption by the employees. Water depletion will occur as a part of the mining operation and ultimately from evaporation from a proposed 17.52 acre surface area lake to be used for wildlife and recreation uses. A gravel well permit application and proposed water augmentation plan has been submitted with the application. Prior to any approval of a Special Use Permit, a copy of the court approve augmentation plan and a copy of the signed gravel pit well permit needs to be submitted to the County. As noted previously, it will be necessary to dewater the pit. This will be accomplished by installing a perimeter dewatering trenches, which will lead to a sump. Prior to discharge, the water will pass through a settling pond to remove additional sediment. The water is expected to seep into the river due to porous nature of the native gravel. Water not seeping into the ground will be transported to the river via a rip -rap lined spillway. This discharge will require a NDPES permit from the Colorado Department of Public Health and Environment. The approved NDPES permit must be submitted to the County prior to the final approval of the Special Use Permit. The City of Rifle reviewed the application for compliance with their Watershed District. A permit was approved on March 29, 2006 for the proposed operation, with a number of conditions. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response The Application states that the proposed gravel pit will not generate vapor or dust due to the haul roads and active portions of the pit being water down. The emissions from the mobile equipment and processing plants are subject to Federal, State and County requirements and the applicant has stated that they will comply with those requirements. There will be no blasting on site, which would be the only obvious source of vibration from the site. Given the existing similar activities on adjoining properties, the impacts from vapor, dust, smoke, noise, glare or vibration or other • emanations to adjacent land should be a non -issue. (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. Response Regarding compatibility with wildlife, the Colorado Division of Wildlife notes that the riparian area along the Colorado River where this proposed mining will take place is extremely important, as it provides habitat for many wildlife species. The plan states that the proposed mining operation will not disturb the riparian area and a buffer area of 100 feet will be established along the river, which DOW notes that this zone should help alleviate some of the disturbance that will occur as a result of the mining activity. The plan refers to the creation of moderate sloping of the banks of the proposed ponds. DOW would prefer meandering shorelines with some shallow shelf areas to provide waterfowl and shorebirds with some additional feeding areas. Additionally, small islands in the ponds can offer nesting and resting areas for avian species. They noted concerns about the likelihood of the ponds supporting non-native fish populations that can adversely impact native fish populations and the need to control non-native species. Last, they would like to have the opportunity to work with the landowners to create a public fishing or hunting easement on the property when mining operations have concluded. In summary, the DOW did not find any reason to recommend denial of the application, just the desire to have some wildlife concerns addressed during operation and when it is reclaimed. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and • their impacts to areas in the County. Response As noted previously, the proposed gravel pit will generate 400 trips per day onto State Highway 6. The access to the property is across railroad right-of-way and onto the State highway. This is the major impact to other areas of the County. There is no proof that the applicant has legal access for the proposed use across the railroad. As a modification to the application, the applicant submitted an amended Mine Plan (Exhibit C-2) showing a haul road through the property to an adjacent property to the west controlled by the applicant that has an existing access onto Highway 6. There is no proof that the railroad access at this point, but CDOT has verbally indicated that they have no problem with the alternate access, provided there is no increase in existing traffic impacts. The applicant is representing that there will be no increase in traffic at the existing access. Prior to the use of the originally proposed access point, proof of legal access across the railroad and an approved CDOT Access permit needs to be provided to the County. The Planning Commission also required that an easement across the affected properties for the alternate access and an updated CDOT Access Permit be presented to the County prior to the approval of the Special Use Permit. • (E) That sufficient distances shall separate such use from abutting property which might • otherwise be damaged by operations of the proposed use(s). • • Response The application states all operations at the facility will not involve any abutting property. The proposed slopes of any graded area will not be steeper than the angle that the material would settle in the event of failure. As a result, there should be no material migrating or falling onto adjoining properties. Neighbors have expressed concern about the applicants request to the Planning Commission to allow for night time operations for special contracts from public agencies requiring night time work hours to minimize the impact on traffic in the jurisdiction. Even though these property owners are not directly adjacent to the proposed gravel pit, they have stated that they can hear the gravel pit operations across the river on the LaFarge Mamm Creek pit site. The biggest concern is the possibility of crushing activity during the night and the sound of back up beepers. The Planning Commission recommended approval of the request with limitations on the type of contracts that would justify night time activity and approval of the proposed activity by the Board on a case by case basis. Staff would suggest that at a minimum, no crushing activity will occur outside of the approved working hours. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Special Use 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; Response The application includes a reclamation plan that proposes to leave the majority (18.66 ac.) of the property as a lake and pond and the remainder would be reclaimed as dry rangeland and wetland The County Vegetation Manager provided comments stating that the proposed plan does not go into sufficient detail about weed control. Additionally, he noted that the lakes and ponds are a potential mosquito breeding ground, which needs to be addressed too. As a result, staff is requesting a Weed Management Plan with further information than what was provided in the permit. Including weed mapping and inventory: Specific locations of county listed noxious weeds are requested. A management plan for noxious weeds found outside the mining area should be submitted. Noxious weeds that are allowed to go to seed, are probably are the most significant source of spread in Garfield County. All county listed noxious weeds should be inventoried, this includes Russian olive and Tamarisk. The applicant shall present a timetable for the management if these two noxious weeds. Weed treatment application records shall be kept and on file and available upon request. Additionally, mosquito management plan be developed and submitted to the Garfield County Vegetation Manager for approval. • • (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; Response The Colorado Division of Minerals and Geology requires as a part of their approval, a bond to guarantee the reclamation of the site. A bond $26,180 has been proposed by the applicant. The applicant is proposing to use the National Resource Conservation Service personnel to assist in determining the ability of the reclaimed land to control erosion and to provide additional suggestions to enhance the reclamation of the property. Michael Erion recommends that the County be a named beneficiary of the reclamation bond placed with the DMG. It should be noted that the applicant has provided a copy of the State Division of Minerals and Geology rules and regulations for approval of mining operations and those regulations do not allow the County to be named as a beneficiary of the reclamation bond. Section 5.03.08 [Industrial Performance Standards! Pursuant to section 5.03.08 of the Zoning Resolution, 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: (I) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Response The application states that the mobile equipment and processing plants are governed strictly by various Federal and State agencies. They also note that the proposed site has existing gravel pit operations to the west and south. Staff would note that the property to the east is also proposed to be a gravel pit too. To the north is the railroad and State highway, which is bounded on the north by other commercial and light industrial uses. The noise impacts should not cause any violation of the Colorado Revised Statutes regarding noise. Should there be a complaint regarding noise, the applicant will be responsible for providing documentation demonstrating compliance with the State standards. (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. • • • Response The application states that there will be no blasting within the pit, which would be the most likely source of vibration. No other vibration sources are identified, thus no anticipated off-site vibration. (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. Response All of the equipment used in the operation will comply with Federal, State, and County air quality regulations and standards. Copies of the approved Colorado Air Pollution Emission Permit will be submitted to the County each time a piece of equipment is moved onto the site, at least one week in advance of the move. (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. Response The application notes that with the exception of Phase 1, all portable processing plants will be located in the bottom of the pit, which will minimize most these impacts. Additionally, the pit is located in the middle of three existing or proposed gravel pits. (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, state and local fire codes and written recommendations / comments from the appropriate local protection district regarding compliance with the appropriate codes; (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; (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) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. • 3. 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. 4. 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. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres in size. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Response The size of the entire Special Use Permit boundary is approximately 77acres, with just over 35 acres within the actual mine permit area. The Applicant states that the storage of flammable or explosive solids or gases on the property will be compliance with the appropriate codes. There is no listing of flammable or explosive solids or gases that will be stored. An SPCC plan is noted as being prepared, but not included in any of the documentation. A copy of the SPCC plan needs to be presented to the County for inclusion in the application file,prior to the issuance of the Special Use Permit. All heavy equipment stored on site will be stored in the bottom of the pit, except during Phase 1. The site is separated from the State Highway by elevation and is not very visible, particularly with the existing vegetation. Given the location of the pit in relation to the Interstate, State Highway and other similar operations, screening or other types of visual buffers do not appear to be an issue. All loading of vehicles will occur on the property. Any lighting installed at the facility will be installed so that it is pointed downward and inward to the property center and 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. Response The Applicant states that the facility is designed to protect groundwater and surface water resources. All storage areas will be constructed with impermeable materials and there are no anticipated potential water pollution hazards associated with this facility. If potential hazards are discovered, safeguards designed to comply with the regulations of the Environmental Protection Agency will be installed. • The Applicant states that the facility will not generate any adverse impact on water through depletion, pollution of surface runoff, stream flow or surface water. No sewage will be generated, no water supplies will be used and there will be no disposal of water. Section 9.03.05 [Periodic Review of SUP/ Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Response: Given the short life of this operation (less than 3 yrs.), staff does not see any purpose in an annual review. Should there be an issue that needs to be corrected, the County has the ability to bring the applicant in for a hearing to resolve the issues or revoke the permit. IV. RECOMMENDED FINDINGS 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. V. STAFF RECOMMENDATION The Planning Commission recommended that the Board approve the Special Use Permit for "Extraction, Processing and Material Handling of Natural Resources" for Oldcastle SW Group, LLC and Yvonne Chambers with the following conditions: • i 1 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. Further a copy of the approved Colorado Air Pollution Emission Permit will be submitted to the County each time a piece of equipment is moved onto the site, at least one week in advance of the move. 3. The County reserves the right to retain outside expertise, at the expense of the Applicant / operator of the facility, in order to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on or away from the site. 4. The Applicant shall submit proof that a site reclamation security as required by the Colorado Department of Minerals and Geology to ensure proper reclamation / rehabilitation of the site. 5. The Applicant shall submit a SPCC plan to the Garfield County Sheriff's office, Emergency Preparedness Commander, prior to approval of the Special Use Permit. 6 Prior to the issuance of a Special Use Permit, the Applicant shall submit the following items to the Count Vegetation Manager for approval: A. The Applicant shall map and inventory the property for the County Listed Noxious Weeds. B. The Applicant shall provide a Weed Management Plan for the inventoried noxious weeds. Weed management should occur prior to soil disturbance. C. The Applicant shall augment the site reclamation plan by providing a plant material list and planting schedule for the reclamation. D. The Applicant shall provide a Mosquito Management Plan that will address how they intend to monitor and manage this site for mosquitoes. 7. Prior to issuance of the Special Use Permit, the applicant shall provide copies of all local government permits and state and federal government agency permits required in order to undertake mining and processing operations. Failure to comply with all permit requirements will result in the revocation of a Special Use permit issued by the County. 8. Upon completion, a copy of the final decree for the approval of a Plan for Augmentation and the approved well permits pertinent to the project, will be submitted to the Planning Department prior to the issuance of the Special Use Permit. 1 s 0 9. A maximum of 400 ADT will be permitted for the property. A trip being defined a the one way movement of a vehicle onto or off of the site. A truck accessing the site to pick up material and then leaving would count as two (2) trips. 10. All activities within the gravel pit will operate in compliance with the CRS § 25-12-101, et.seq., noise standards. Should there be a complaint about excessive noise, it will be the responsibility of the applicant to provide documentation regarding the ambient noise levels and the noise levels of the activity causing the complaint, consistent with the State noise standards. Any such documentation will be presented to the Board of County Commissioners at a public hearing noticed in the form required by Section 9.03.04. The Board may amend the permit based upon the documentation submitted at the hearing to bring the activity into compliance with the State noise standards. 11. One sign, permitted in compliance with Section 5.07 of the Garfield County Zoning Resolution of 1978, as amended will be allowed on the property. 12. The gravel pit hours of operation will be 6:00 a.m. to 8:00 p.m., Monday through Saturday and 8:00 a.m. to 1:00 p.m. on Sundays from March through November. The operating hours during the December through February period will be 6:00 a.m. to 6:00 p.m. Monday through Saturday. Overnight operation of an asphalt batch plant for public agency projects requiring such activity, may be allowed subject to approval of the Board of County Commissioners in a public meeting at least two weeks in advance of any proposed night time activity. The applicant shall notify all adjacent property owners of such meeting by return -receipt m it at least 10 da s prior to the m- et' ng and present the - ceip . at them of g. /iJGi 13. All lighting sh. 1 be downcast and inwardly directed to mi ze safety conflicts with highway traffic and with airplanes using the Garfield County Airport 14. Prior to issuance of the Special Use Permit, the applicant shall provide evidence and plans assuring that the storage of all flammable or explosive substances will comply with the National Fire Code and that no flammable or explosive materials will be stored within the area subject to flooding from a 100 -year flood. All plans, studies or analyses submitted to satisfy these conditions must be acceptable to the Board of County Commissioners. 15. A list of all equipment and facilities will be provided to the County accompanied by evidence of title and other information required by law to allow proper registration and taxation of the equipment and facilities. The schedule of such property will be kept current at all times with changes reported to the County. Copies of the list(s) shall be provided to the Garfield County Clerk and Recorder and the Garfield County Assessor. 16. As noted by the Division of Wildlife the following will be conditions of approval: A The proposed mining operation will not disturb the riparian area and a buffer area of 100 feet to be established along the river. B. The reclamation plan be modified to create meandering shorelines with some shallow shelf areas to provide waterfowl and shorebirds with some additional feeding areas. Additionally, small islands in the ponds can offer nesting and resting areas for avian species. C. The reclamation plan be modified, after consulting with DOW about the appropriate methods available to eliminate the likelihood of the ponds supporting non-native fish populations 17. Compliance with all terms and conditions of approval contained in any permit issued to the applicants, their successors or assigns, by any local government, state or federal agency, shall be deemed conditions of approval of the Special Use Permit. Any violation of the conditions of any other such permit shall be deemed a violation of the terms of approval of the Special Use Permit. The applicants, their successors or assigns, shall notify the Garfield County Commissioners of any notice of violation or violation regarding the subject mining and processing operations, equipment and associated permits issued by any local government or state or federal agency. The Board shall be notified within ten (10) calendar days of any violation or notice of possible violation. 18. The applicants must commence operations under the terms of the Special Use Permit within one (1) year of issuance of the Special Use Permit. The Special Use Peimit will expire upon the determination by the Colorado Division of Minerals and Geology (DMG) pursuant to the provisions of the DMG permit(s) have been satisfied and that reclamation activities have been completed and the DMG Reclamation Bond released and further provided that any permanent ongoing mitigation activities are implemented. / 19. Prior to the approval of the Bo d of County Commissioners, an easement providing access to State Highway 6 across th . Rivers Edge LLC property to the benefit of the Oldcastle SW LLC and Yvonne Chambers. Additionally, verification from CDOT that the use of this access for this purpose is either within the existing access peimit provisions or that a new CDOT Access Permit will be obtained. - _ tr7 zo. /d4e-4,1_445i7) rg'00 -1)/t1 Ai? /0/1 6f -61-/t4-.?/ 117111-ri/ n� i S February 4, 2006 G. Russell Means Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 RE: United Companies of Mesa County, Glen's Pit, File No. M-2005-075 Dear Mr. Means: EXHIBIT District Wildlife Manager, Brian Gray, has reviewed the Glen's Pit application submitted for this project. He is also familiar with the proposed gravel mining operation site. The riparian area along the Colorado River where this proposed mining will take place is extremely important, as it provides habitat for many wildlife species. This gravel operation will have some negative impacts on the habitat and the wildlife that utilizes it. The wildlife and reclamation plans for this project seem to address many of the wildlife impact concerns. The plan states that the proposed mining operation will not disturb the riparian area and a buffer area of 100 feet will be established along the river. This buffer zone should help alleviate some of the disturbance that will occur as a result of the mining activity. The plan refers to the creation of moderate sloping of the banks of the proposed ponds. Meandering shorelines with some shallow shelf areas could provide waterfowl and shorebirds with some additional feeding areas. Additionally, small islands in the ponds can offer nesting and resting areas for avian species. The permit application also suggests a comprehensive re -vegetation and weed control plan. Many of the wildlife impacts associated with the mined area can be minimized if the re -vegetation of the site is done properly. It should be noted that an active Bald Eagle nest site is located south-west of the proposed mining area. The eagles have been productive during the past two years and have fledged a total of four eaglets from the nest. The proposed mining site appears to be outside of the 'A mile buffer zone recommended by the US Fish and Wildlife Service and Division of Wildlife. The gravel pit ponds will occur in the Colorado River basin below 6,500 feet elevation, which the Fish and Wildlife Service has determined likely to support non-native fish populations that can adversely impact native fish populations. The U.S. Fish and Wildlife Service along with the Colorado Division of Wildlife can provide information regarding the control of non-native fish species. The Colorado Division of Wildlife would appreciate the opportunity to work with the landowners and applicants in creating a public fishing or hunting easement on the property when mining operations have concluded. This property could provide an i i i opportunity for waterfowl hunting or possible fishing access to the river. Providing hunting and fishing opportunities for youths is critical to the recruitment of future anglers and hunters. This property could assist the Division of Wildlife with its long term goal of providing opportunities for youths. Thank you for the opportunity to provide comments to your agency on this proposed mining operation. If you have any questions, please contact Brian Gray. Sincerely, Dean Riggs Area Wildlife Manager cc: Jon Bredehoft Ron Velarde John Toolen Brian Gray • BEFORE THE CITY COUNCIL OF THE CITY OF RIFLE, COLORADO CONCERNING THE APPLICATION FOR A WATERSHED DISTRICT PERMIT OF OLD CASTLE SW GROUP, INC. DBA UNITED COMPANIES OF MESA COUNTY TO OPERATE A GRAVEL PIT KNOWN AS GLEN'S PIT 1N THE COLORADO RIVER WATERSHED FINDINGS OF FACT, CONCLUSIONS OF LAW AND APPROVAL OF WATERSHED DISTRICT PERMIT NO. 1-06 I. BACKGROUND 1. On November 23, 2005, Old Castle SW Group, Inc. dba United Companies of Mesa County (the "Applicant") applied to the City of Rifle (the "City") for a watershed district permit to operate a gravel pit, including asphalt plant, concrete plant, office, wash facility, crusher/screen facility, scales, and a 5,000 gallon fuel tank for on-site operations (the "Project") on property located in Section 11, T6S., R93W., 6th PM. The Project is located upstream from the City's Colorado River raw water intake structure and sedimentation pond within the City's Watershed District jurisdiction, and the application was submitted pursuant to City of Rifle Ordinance No. 22, Series of 1994, codified in Article II of Chapter 13 of the Rifle Municipal Code ("RMC"). 2. For the purposes of this permit (the "Permit"), the application shall consist of the watershed permit application and application notebook prepared by Greg Lewicki and Associates dated November 7, 2005 including amining plan, reclamation plan, soils report, vegetation report, wildlife report, drainage plan, and SPCC plan, all correspondence and materials submitted to the City by the Applicant or its agents, as well as all representations, whether oral or written, made as part of the application and public hearing process. These items shall be collectively referred to herein as the "Application." 3. Following the receipt and review of the Application, Michael Erion, P.E. of Resource Engineering, Inc., Consulting Professional Engineer for the City, submitted his findings to the City regarding the Project in a letter dated February 17, 2006, attached hereto as Exhibit A and incorporated herein by this reference (the "Erion Letter"). The Erion Letter concluded that, so long as the Project is operated in compliance with the Application and conditions contained in the Erion Letter, the proposed activity does not present or create a clear or foreseeable risk of significant injury to the City's waterworks or pollution to the City water supply and is therefore classified as a Minor Impact under the RMC. 4. Any and all other permits issued or to be issued by county, state and/or federal agencies in relation to the operation of the Project are incorporated herein by this reference. II. FINDINGS OF FACT 5. The proposed activity is within the defined boundaries of the City's Watershed District as defined in RMC § 13-2-20, specifically within five (5) miles of the City's Colorado River I:\2006\Clients\Rifle\R•3(297)United-1802\Documents\W SPerm it01-06.wpd -1- • City of Rifle, Colorado Watershed District Permit No. 1-06 Glen's Pit Old Castle SW Group, Inc. dba United Companies of Mesa County municipal water diversion and intake structure. The proposed activities include the operation of a gravel pit. 6. The Application filed by the Applicant is complete. 7. The Applicant has paid the application fee required under RMC §13-2-110. 8. A duly noticed Public Hearing was held before the Rifle City Council (the"Council") on March 1, 2006. At the hearing, testimony was presented by Michael Erion regarding the activities proposed by the Applicant and the applicability of the City's Watershed District Ordinance, City Attorney Lee Leavenworth explained to the Council that its jurisdiction on this matter extended five (5) miles beyond the City's Colorado River intake point, and that it's authority was limited to the protection of the City's water quality and supply. Mr. Erion explained the provisions of the Permit, and recommended issuance of the Permit subject to the terms and conditions set forth in the Erion Letter, which classified the proposed activities as a Minor Impact pursuant to RMC § 13-2-120. Ben Miller with Greg Lewicki and Associates, consultant for the Applicant, and Brent Kerr with United Companies, provided testimony on behalf of the Applicant • regarding the Application and the Project. Testimony was opened up for members of the public and there was none. 9. With the conditions contained in the Erion Letter in place and based upon the testimony, the Council finds that the proposed activities do not present or create a clear or foreseeable risk of significant injury to the City's waterworks or pollution to the City water supply so long as the Applicant adheres to all of the conditions stated in the Erion Letter. 10. The Council hereby finds and determines that the issuance of the Permit requires the inclusion of conditions as set forth in the Erion Letter and as outlined above, that such conditions are necessary to prevent a risk of injury to the City's water works and pollution of the City's water supply, and that such conditions are authorized pursuant to RMC § 13-2-140. III. CONCLUSIONS OF LAW AND ISSUANCE OF PERMIT 11. The foregoing Findings of Facts are incorporated herein by reference. 12. The City has jurisdiction over the proposed activity pursuant to RMC § 13-2-20 and City of Rifle Ordinance No. 22, Series of 1994. 13. Based on the evidence presented at the Public Hearing and the Erion Letter, the Council hereby determines that this decision shall constitute a Watershed District Permit for the operation of the Project as more fully outlined in the Application. The conditions of approval • recommended by Mr. Erion in the Erion Letter are hereby approved and adopted by the Council as conditions of approval of this Permit unless expressly amended herein. In addition, all 1:\2006\Clients\Rifle\R-3(297)United-1802\Documents\WSPermit01-06_wpd -2- • • City of Rifle, Colorado Watershed District Permit No. 1-06 Glen's Pit Old Castle SW Group, Inc. dba United Companies of Mesa County representations, whether oral or written, made by the Applicant and/or its agents as part of the application and public hearing process shall be conditions of approval of the Permit. 14. All conditions of approval contained within any permit issued to the Applicant for the Project by any county, state and/or federal agency shall be deemed conditions of approval of this Permit. Any violation of the conditions of any other such permit issued shall be deemed a violation of this Permit subject to all of the remedies provided for herein. 15 A copy of this Permit shall be sent by certified mail, return receipt requested, to the Applicant. 16. Pursuant to RMC §13-2-110, the Applicant shall reimburse the City for all outside professional services, including but not limited to engineering, legal, consulting, publication and copying fees associated with the review of the Application prior to the issuance of this Permit. 17. This Permit shall not be effective until approved by the City and agreed to by the Applicant. •J -i) y� Dated this Z day of / J�C r(/j , 2006. By I:\2006\Clients\Rifle\R-3(297)United-1802\Documents\WSPermit01-06.wpd -3- CITY OF RIFLE, COLORADO Mayor • • • City of Rifle, Colorado Watershed District Permit No. 1-06 Glen's Pit Old Castle SW Group, Inc. dba United Companies of Mesa County City of Rifle Watershed District Permit No. 1-06 accepted and agreed to this day of frittlYA , 2006. By: I:\2006\Clients\Rifle\R-3(297)United-1802\Documents\WSPermit01-06.wpd -4- UNITED COMPANIEOF MESA COUNTY Craigrhamberty, President • pgig.m RESC�UF�CE ENGINEERING I N C. Mr. Bill Sappington, P.E. City of Rifle PO Box 1908 Rifle CO 81650 EXHIBIT February 17, 2006 James Neu, Esq. Leavenworth & Karp, P.C. PO Box 2030 Glenwood Springs CO 81602 RE: United Companies Watershed District Permit Application for Glen's Pit — Colorado River Intake Watershed Dear Bill and Jim: At the request of the City of Rifle, Resource Engineering, Inc. (RESOURCE) has reviewed the Watershed District Permit application submitted by United Companies of Mesa County (United Companies) for the Glen's Pit project. The Applicant proposes to develop a sand and gravel pit operation including approval for an asphalt plant, concrete plant, office, wash facility, crusher/screen facility, scales, and a 5,000 gallon fuel tank for this site. The proposed project is located on 3 parcels owned by Kenneth Chambers, Yvonne Chambers, and Flint Chambers. The proposed project is immediately upstream from the Chambers Pit currently leased by United Companies, across the river from the Lafarge Mamm Creek Pit, and immediately downstream from the proposed Lafarge North Bank Pit. The general location map from the application is attached. The application submittal includes a three ring binder prepared by Greg Lewicki and Associates dated November 7, 2005. The submittal includes a mining plan, reclamation plan, soils report, vegetation report, wildlife report, and drainage plan. A general SPCC plan has been prepared for the site, and specific SPCC plans for the asphalt batch plant and concrete batch plant and concrete batch plant will be provided if and when such portable facilities are set up and operated on the site. CLASSIFICATION Based on our review and analysis set forth below, we recommend classifying the project as an "Impact" since the proposed activity is part of a cumulative series of minor impacts from similar activities and gas industry development on both sides of the river upstream from the City's potable water intake. RECOMMENDATION We recommend issuance of Watershed District Permit with the following conditions: 1. The Applicant shall maintain and comply with its CDPHE Process Water and Storm Water Discharge permit. The Applicant shall submit a copy of Its discharge reports to the City on a quarterly basis. Consulting Engineers and Hydrologists 909 Colorado Avenue 11 Glenwood Springs, CO 61601 (970) 945-6777 Fax [970) 945-1137 • • • Mr. Bill Sappington, P.E. February 17, 2006 James Neu, Esq. Page 2 2. The Applicant shall notify the City at least 10 days prior to set up of an asphalt batch plant or concrete batch plant. The Applicant shall provide the City with a copy of the SPCC plan for such facilities. The City of Rifle shall be included on the notification list and emergency contact list in each SPCC for the site. The point of contact shall be the water plant at 970-625-2541. 3. The project shall be subject to periodic inspections by the City and/or its consultants. This project shall be included in the bi-annual inspection list for active Watershed District Permits. The applicant shall be responsible for all costs associated with such inspection. 4. The Applicant has committed to bank stabilization in the event channel migration occurs and reduces the 100 foot buffer between the excavation and the river channel. Such commitment is hereby incorporated into the permit. ANALYSIS The proposed activity includes sand and gravel mining activities and associated operations including crusher/screening facilities, washing facilities, office and scales, fueling facility, and the potential for set up of asphalt and concrete batch facilities. The site is located on the north side of the Colorado River approximately 1 mile upstream from the City of Rifle's Colorado River water supply intake. Activities on the site will be ongoing for approximately 10 to 20 years depending on the demand for the mined materials. The site activities will ultimately expose ground water which increases the potential for impact to the ground water resource from both minor and major spills within the project The ground water flow is in a southwesterly direction and tributary to the Colorado River above the City's intake. The proposed grading and mining activities are located outside of the 100 year flood plain. Surface runoff from the project will be contained within the project site Erosion and discharge of sediment to the river system is not a significant risk for the City Dewatering operations for the project will discharge high TDS water into the Colorado River via a settling pond. Such activities are regulated by the Colorado Department of Public Health and Environment through a Process Water and Storm Water Discharge Permit Process. While such discharges may be permitted by the State due to the high dilution factor in the Colorado River, the City needs to be aware of such discharges and should be copied with the discharge monitoring data on a regular basis such as quarterly reports. The application indicates that up to a 5,000 gallon diesel fuel storage tank will be maintained on site throughout the life of the project. The fuel storage tank will be moved periodically to be located in the vicinity of mining activities. The fuel tank will be a steel double wall tank with capacity in the outer tank to contain the fuel in the event of a rupture of the inner tank wall. Upon installation of the fuel storage tank, a specific SPCC plan will be prepared and certified by a registered professional engineer that the plan RESOURCE NIGINEERING INC • • • Mr. Bill Sappington, P.E. February 17, 2006 James Neu, Esq. Page 3 meets industry standards and the requirements in 40CFR112 regarding oil pollution prevention. The Applicant has requested approval from the Colorado Division of Minerals and Geology to allow for set up asphalt and concrete batch plants. United Companies anticipates set up of such portable facilities on a temporary basis for specific projects. Existing asphalt and concrete batch plants are set up on adjacent properties and permanent facilities are not proposed for this site at this time. United Companies has prepared specific SPCC plans for such batch plant facilities. Such SPCC plans will be certified by a registered professional engineer at the time of set up. All certified SPCC plans should be submitted to the City at the time they are prepared for the facilities listed above. These plans shall include the City of Rifle on the notification and emergency contact list, United Companies has the training, expertise and onsite equipment to provide immediate response to any type of spill from a small one gallon spill to rupture of a double wall steel fuel tank. Ground water contamination is a long term potential impact to the City. The United Companies submittal presents a plan to minimize the risk of impact to the City. The proposed activity in itself would likely be classified as a minor impact. However, this activity in conjunction with several other sand and gravel pit operations and gas drilling operation should be viewed as part of a cumulative impact to the watershed of the City's Colorado River intake. Therefore, it has been classified as an impact to the City's water works and the City water supply. Relocation of the project out of the 100 year flood plain along with the best management plans and implementation of SPCC plans for each facility minimizes the potential risk for the City and is the basis for a recommendation for approval of the permit. Several conditions of approval as outlined above are recommended to insure compliance with the permit and to assist in minimizing the potential risk to the City. Please call if you have any questions or need additional information Sincerely, RESOURCE ENCI EERING, INC. Michael J7Erion, P.E. Water Resource Engineer MJE/mmm 341-10.14 E:1Client13411341-10 14 \bs jn glens pit 341 doc CC: Brent Kerr, United Companies Ben Miller, Greg Lewicki and Associates RESOURCE E N G, N E E F I N J , N C • To: Mark Bean From: Steve Anthony Re: Glen's Pit United Companies Date: April 4, 2006 EXHIBIT MEMORANDUM The applicant has addressed weed control on page E-3 of the Permit application. Staff is requesting a Weed Management Plan with further information than what was provided in the permit. Weed mapping and inventory: Specific locations of county listed noxious weeds are requested. A management plan for noxious weeds found outside the mining area should be submitted. Noxious weeds that are allowed to go to seed, are probably are the most significant source of spread in Garfield County. All county listed noxious weeds should be inventoried, this includes Russian olive and Tamarisk. The applicant shall present a timetable for the management if these two noxious weeds. Weed treatment application records shall be kept and on file and available upon request. Wildlife: On page SP -2, section 5.03.07.1 (C), the applicant state that they have "worked with CDOW in order to minimize the impact of the site". The applicant has included a CDOW letter dated almost 8 years ago, April 30, 1998. Has there been any recent communication with the Division of Wildlife? Exhibit H refers to "Mamm Creek Sand & Gravel Pit" and not this pit in particular. Is the intention of Exhibit H to provide a generic wildlife assessment for all the pits in the area? Exhibit H refers to potential nesting sites and that they are shown on "Exhibits C-1 and C-2" and labeled eagle nests. I could not locate these on the supplied maps. On the third page of Exhibit H under "Non -game birds", a heron rookery of approximately 25 nests is mentioned. It state further that "although the herons had migrated away from the rookery by September, the site is apparently active and produced several young in 1999". The issue of eagle and heron habitat is a significant one. The permit application appears to be a cut and paste job at least in regards to wildlife and should be updated to reflect the current situation on site. Mosquito Management This project has the potential to create additional mosquito habitat in the County. Staff requests that the applicant shall provide a Mosquito Management Plan that will address how they intend to monitor and manage this site for mosquitoes. RESOURCE ENGINEERING I N C. Mark Bean Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood Springs CO 81601 RE: United Companies — Glen's Pit — Special Use Permit Application Dear Mark: EXHIBIT 'D April 5, 2006 At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the Special Use Permit Application submittal by United Companies of Mesa County for the Glen's Pit project located along the Colorado River near Rifle. The submittal includes a three ring binder entitled, United Companies Glen's Pit 112 Permit Application to the Colorado Division of Minerals and Geology dated November 7, 2005. The submittal has a County Special Use Addendum. Our comments are outlined below. SUMMARY The proposed Special Use Permit application appears to meet the technical criteria for the Special Use general requirements in Section 5.03, the specific requirements in Section 5.03.07, and the standards in Section 5.03.08 of the Garfield County Zoning regulations, except as noted below. SPECIAL USE GENERAL REQUIREMENTS The general requirements for any special use permit include providing adequate water and wastewater service and adequate road improvements and/or access for the proposed use. The application proposes an office but has not discussion on potable water and wastewater service for this facility. Greg Lewicki and Associates indicated that the office would have bottled water for drinking and either portable toilets or a non - potable water bathroom with wastewater collected in a holding tank. The application does not appear to show that the Substitute Water Supply Plan (SWSP) or plan for augmentation allow for any domestic water use for the project. The State approved SWSP should be submitted to the County prior to issuing a permit. Any applicable permits for potable toilets and/or a non -discharging sewage holding tank must be obtained prior to installation of such facilities on site. The project site will be accessed from Highway 6 & 25 using the existing Chambers Pit entrance, which includes a railroad crossing. Copies of the existing CDOT and Railroad permits must be submitted for review and/or letters from CDOT and the railroad must be submitted to confirm adequacy of the permits. INDUSTRIAL OPERATIONS REQUIREMENTS Section 5.03.07 of the County Zoning Regulation outlines additional specific criteria for industrial operations. These criteria require that the applicant prepare and submit an impact statement of the proposed use. The application presents a paragraph by Consulting Engineers and Hydrologists 909 Colorado Avenue 1! Glenwood Springs, CO 81 601 €"`' (970] 945-6777 72 Fax (970) 945-1137 • Mark Bean Page 2 April 5, 2006 paragraph response to Section 5.03.07 which addresses impacts and mitigation measures. The response primarily relies on the requirements of CDMG to meet County regulations. Comments on specific subparagraphs of the regulation are given below. 5.03.07.1(A) — The application does not show adequate legal and physical water supply for an office, if a bathroom is provided. 5.03.07.1(D) - The application does not address off-site road and traffic impacts. The application infers that the project will not impact traffic or roads in the area because it is an extension of the existing Chambers Pit operations. Applicant should be more specific on traffic volume for the project and any off-site impacts. 05.03.07.1(E) - Applicant should describe the setbacks to adjacent properties, adjacent property uses, fencing, screening, lighting, etc and affirmatively state that sufficient separation from abutting property are provided. 5.03.07.2(A) - Applicant shall comply with applicable County Noxious weed regulations. 5.03.07.2(B) - The County should be a named beneficiary of the reclamation bond and the amount of the bond should meet or exceed County criteria. INDUSTRIAL PERFORMANCE STANDARDS The submittal indicates that the project will comply with the Industrial Performance Standards set forth in Section 5.03.08. Please call if you have any questions or need additional information. Sincerely, RESOURCE N'GJN ' ' ING, INC. ifz-z Michael J. Water Re on, P.E. urce Engineer MJE/mmm 885-36.1 E:\Client\885\36.0 Glen's Pit\mb special use permit app 885.doc RESOURCE NGINEERING INC • • PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT LOCATION The subject property is approximately one (1) mile east of Rifle off of State Hwy. 6 SITE INFORMATION Approximately 74.533 acres EXISTING ZONING AI (Agricultural / Industrial) ADJACENT ZONING ARRD / AI I. DESCRIPTION OF THE PROPOSAL EXHIBIT D 6 PC 4/12/06 MB Special Use Permit for "Extraction, Processing and Material Handling of Natural Resources" Old Castle SW, LLC and Yvonne Chambers A. General Project Description The Applicants requests the Board approve a Special Use Permit (SUP) for "Extraction, Processing and Material Handling of Natural Resources" to operate what is to be known as the Glen gravel pit. The proposed gravel pit will occupy 35.51 acres of the properties in the application. The applicants propose to mine the property over a 2.8 year period of time, at an average of 300,000 tons a year. Aggregate sales are estimated at an average of 190,000 tons./yr., concrete at 75,000 tons/yr. and asphalt at 35,000 tons/yr.. The life expectancy of the mining operation is based upon the average annual rate of production. If the rate of production is increased to an identified maximum rate of production of 510,000 tons./yr., the life of the mining operation will be shortened proportionately. The maximum tonnage projected for the site 739,736. Facilities proposed to be located on the site, include portable processing crushing, screening, washing , cement, and asphalt plants. The plants will be brought in on an as needed basis and after the initial excavation, will be located in the pit bottom. An office is proposed, which will also have the scales. Initially, the office may be one of the existing houses on the property. The house would be replaced by a portable office trailer, after mining progressed into the area of the house. In addition to the processing equipment and office, there will be the following heavy equipment: • • • Front End Loader 2 Bulldozer 2 Water Truck 1 15t On -Road Haul Truck 5 25t On -Road Haul Truck 5 Off-road Haul Truck 5 Grader 1 Belly Scraper 2 All of this equipment will be kept on site, in the bottom of the pit after the initial phase of excavation. There also be a 5,000 gallon double walled fuel storage tank near the office. If a single walled fuel tank is used, it will be located in a bermed containment area that is lined. Initially, it will be necessary to dewater the pit. This will be accomplished by installing a perimeter dewatering trenches. The trenches will lead to a sump Water will pass through a gravel berm to filter out some of the sediment. Prior to discharge, the water will pass through a settling pond to remove additional sediment. The sediment pond will be located in a depression created by the original land owner as a stock watering pond. The water is expected to seep into the river due to porous nature of the native gravel. Water not seeping into the ground will be transported to the river via a rip -rap lined spillway. Initially, it will be necessary to pump the pit at a rate of 3,000 gallons per minute, with the rate reduced to a 1,000 gallons per minute during the normal operation of the pit. After the pit has been dewatered, the mining will be initiated. Top soil and overburden will be removed first and stored for use in berms and as backfill on the slopes of the pit in reclamation. The front end loaders noted previously will be used to mine the raw gravel. In the beginning the pit will have steep walls, but as the mining moves out to the perimeter. of the pit, the walls will be sloped 3:1. The front end loaders will load directly to a primary crusher or to trucks which will transport the material to the crusher. Access to the site is off of State Highway 6, with a crossing over the railroad between the highway and property boundary. The projected volume of traffic is projected to be 400 trips per day, with peak hour volumes of 25 vehicles. Proposed hours of operation are 5:00 AM to 9:00 PM, six days per week with most sales taking place during the daylight hours . When the portable crushing plant is on site, it runs 14 hours per day, 6 days per week. They are proposing occasional nighttime and Sunday operations to provide for specific demands such as overnight paving work. B. Site Description The site is located on the north bank of the Colorado River, approximately one mile east of Rifle. Presently, each of the original property owners homes are located on the property. Two of the properties have existing livestock operations that will be discontinued as the mining operations encroach on areas used for livestock. The • • majority of the property is open pasture land which is above the river bottom by about 10- 12 feet. The bank adjacent to the river bottom land has stands of larger cottonwood trees and riparian vegetation. A portion of the western most property is the recently reclaimed Chambers Pit, which is a pond that will provide wildlife habitat. Further west and to the south across the river are other existing gravel operations. 6. Zoning The subject property is zoned A/I. The type of uses requested falls under the definition of "Extraction, Processing and Storage of Natural Resources" which are contemplated as special uses in the A/I zone district. 7. Applicability Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. II. REVIEW AGENCY AND OTHER COMMENTS Comments have been received from the following agencies / community groups and are integrated throughout this memorandum as applicable. 1. City of Rifle: Watershed permit Exhibit G 2. Colorado Division of Wildlife: Exhibit F 3. Garfield County Vegetation Management: Exhibit H 4. Resource Engineering: Exhibit 1 III. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to all requirements listed thereunder and elsewhere in the Zoning Resolution, as well as the following 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. Response The Applicant proposes to bring bottled drinking water and sanitary facilities on site for workers. The County has allowed the use bottled drinking water and portable sanitary facilities for similar operations. No portable sanitary facilities should be located in an area subject to flooding by the river. Given that the mining plan does not propose mining in the flood plain, this should not be an issue. • • • Michael Erion, Resource Engineering Inc., engineering consultant for the County, notes that the proposed Substitute Water Supply Plan does not include any domestic water use for this project. If the applicant proposes to use anything other than the proposed bottled water or portable toilets, the Special Use Permit will have to be modified. 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. Response The application states that traffic to and from the facility will generate 400 trips per day, 25 trips during both the morning and afternoon peak hours. Based on this calculation, the applicant's consultant has determined that no highway improvements will be necessary in an application to CDOT for a Highway Access permit. The consultants do note the need to maintain or put in new signs at the approaches to the railroad crossing, warning drivers of the close proximity of the railroad to the highway. It was noted by the applicant that they have a concern about the site distance to the east at the intersection with the railroad. The trains are not visible for a period of time that would allow some of the longer haul trucks to cross the tracks safely given that the trains will be traveling at a higher rate of speed. CDOT has verbally noted that they will be requiring a letter from the railroad approving the use of the crossing for the proposed use. As an alternative, the applicant's have received petmission to develop an alternate access road through the Chambers Pit to the west on lands controlled entirely by United Companies. This alternate route has been shown on a revised map, that is a part of this application and submitted to CDOT for their review. CDOT has indicated that they will accept this alternative based upon the fact that the proposed traffic will not increase the volume of traffic presently using that access point. Prior to the use of the original access, the applicant will have to get an approved access permit for an access permit from CDOT and submit a copy to the County Building & Planning Department. . 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. Response The proposed use is located on property that includes existing gravel pits to the west and south, and another being proposed on the property directly east of applicant' s property. To the north, the proposed gravel pit is separated from light industrial uses by State Highway 6 and the DRG&W railroad. Once the initial phase is over the only visible signs of the operation from any direction will be the truck traffic and the overburden used in some berms. No landscaping is being proposed, but screening the proposed gravel pit from the same or similar uses does not appear to be necessary. The application complies with this requirement. • Section 5.03.07 [Industrial Operations/ • • Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through depletion or pollution of surface run-off, streamflow or ground water. Response As noted previously, the applicant is not proposing to use any water for domestic use, except bottled water brought on site for consumption by the employees. Water depletion will occur as a part of the mining operation and ultimately from evaporation from a proposed 17.52 acre surface area lake to be used for wildlife and recreation uses. A gravel well permit application and proposed water augmentation plan has been submitted with the application. Prior to any approval of a Special Use Permit, a copy of the court approve augmentation plan and a copy of the signed gravel pit well permit needs to be submitted to the County. As noted previously, it will be necessary to dewater the pit. This will be accomplished by installing a perimeter dewatering trenches, which will lead to a sump. Prior to discharge, the water will pass through a settling pond to remove additional sediment. The water is expected to seep into the river due to porous nature of the native gravel. Water not seeping into the ground will be transported to the river via a rip -rap lined spillway. This discharge will require a NDPES permit from the Colorado Department of Public Health and Environment. The approved NDPES permit must be submitted to the County prior to the final approval of the Special Use Permit. The City of Rifle reviewed the application for compliance with their Watershed District. A permit was approved on March 29, 2006 for the proposed operation, with a number of conditions. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response The Application states that the proposed gravel pit will not generate vapor or dust due to the haul roads and active portions of the pit being water down. The emissions from the mobile equipment and processing plants are subject to Federal, State and County requirements and the applicant has stated that they will comply with those requirements. There will be no blasting on site, which would be the only obvious source of vibration from the site. Given the existing similar activities on adjoining properties, the impacts from vapor, dust, smoke, noise, glare or vibration or other emanations to adjacent land should be a non -issue. (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. • Response Regarding compatibility with wildlife, the Colorado Division of Wildlife notes that the riparian area along the Colorado River where this proposed mining will take place is extremely important, as it provides habitat for many wildlife species. The plan states that the proposed mining operation will not disturb the riparian area and a buffer area of 100 feet will be established along the river, which DOW notes that this zone should help alleviate some of the disturbance that will occur as a result of the mining activity. The plan refers to the creation of moderate sloping of the banks of the proposed ponds. DOW would prefer meandering shorelines with some shallow shelf areas to provide waterfowl and shorebirds with some additional feeding areas. Additionally, small islands in the ponds can offer nesting and resting areas for avian species. They noted concerns about the likelihood of the ponds supporting non-native fish populations that can adversely impact native fish populations and the need to control non-native species. Last, they would like to have the opportunity to work with the landowners to create a public fishing or hunting easement on the property when mining operations have concluded. In summary, the DOW did not find any reason to recommend denial of the application, just the desire to have some wildlife concerns addressed during operation and when it is reclaimed. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Response As noted previously, the proposed gravel pit will generate 400 trips per day onto State Highway i6. The access to the property is across railroad right-of-way and onto the State highway. This is the major impact to other areas of the County. There is no proof that the applicant has legal access for the proposed use across the railroad. As a modification to the application, the applicant submitted an amended Mine Plan (Exhibit C-2) showing a haul road through the property to an adjacent property to the west controlled by the applicant that has an existing access onto Highway 6. There is no proof that the railroad access at this point, but CDOT has verbally indicated that they have no problem with the alternate access, provided there is no increase in existing traffic impacts. The applicant is representing that there will be no increase in traffic at the existing access. Prior to the use of the originally proposed access point, proof of legal access across the railroad and an approved CDOT Access permit needs to be provided to the County. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). • Response The application states all operations at the facility will not involve any abutting property. The proposed slopes of any graded area will not be steeper than the angle that the material would settle in the event of failure. As a result, there should be no material migrating or falling onto adjoining properties. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution • Special Use 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; Response The application includes a reclamation plan that proposes to leave the majority (18.66 ac.) of the property as a lake and pond and the remainder would be reclaimed as dry rangeland and wetland The County Vegetation Manager provided comments stating that the proposed plan does not go into sufficient detail about weed control. Additionally, he noted that the lakes and ponds are a potential mosquito breeding ground, which needs to be addressed too. As a result, staff is requesting a Weed Management Plan with further information than what was provided in the permit. Including weed mapping and inventory: Specific locations of county listed noxious weeds are requested. A management plan for noxious weeds found outside the mining area should be submitted. Noxious weeds that are allowed to go to seed, are probably are the most significant source of spread in Garfield County. All county listed noxious weeds should be inventoried, this includes Russian olive and Tamarisk. The applicant shall present a timetable for the management if these two noxious weeds. Weed treatment application records shall be kept and on file and available upon request. Additionally, mosquito management plan be developed and submitted to the Garfield County Vegetation Manager for approval. (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; Response The Colorado Division of Minerals and Geology requires as a part of their approval, a bond to guarantee the reclamation of the site. A bond $26,180 has been proposed by the applicant. The applicant is proposing to use the National Resource Conservation Service personnel to assist in determining the ability of the reclaimed land to control erosion and to provide additional suggestions to enhance the reclamation of the property. Michael Erion recommends that the County be a named beneficiary of the reclamation bond placed with the DMG. Section 5.03.08 [Industrial Performance Standards/ Pursuant to section 5.03.08 of the Zoning Resolution, 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. Response The application states that the mobile equipment and processing plants are governed strictly by various Federal and State agencies. They also note that the proposed site has existing gravel pit operations to the west and south. Staff would note that the property to the east is also proposed to be a gravel pit too. To the north is the railroad and State highway, which is bounded on the north by other commercial and light industrial uses. The noise impacts should not cause any violation of the Colorado Revised Statutes regarding noise. Should there be a complaint regarding noise, the applicant will be responsible for providing documentation demonstrating compliance with the State standards. (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. Response The application states that there will be no blasting within the pit, which would be the most likely source of vibration. No other vibration sources are identified, thus no anticipated off-site vibration. (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. Response All of the equipment used in the operation will comply with Federal, State, and County air quality regulations and standards. Copies of the approved Colorado Air Pollution Emission Permit will be submitted to the County each time a piece of equipment is moved onto the site, at least one week in advance of the move. (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. Response The application notes that with the exception of Phase 1, all portable processing plants will be located in the bottom of the pit, which will minimize most these impacts. Additionally, the pit is located in the middle of three existing or proposed gravel pits. (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, state and local fire codes and written recommendations / comments from the appropriate local protection district regarding compliance with the appropriate codes; (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; (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) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. 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. 4. 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. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres in size. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Response The size of the entire Special Use Permit boundary is approximately 77acres, with just over 35 acres within the actual mine permit area. The Applicant states that the storage of flammable or explosive solids or gases on the property will be compliance with the appropriate codes. There is no listing of flammable or explosive solids or gases that will be stored. An SPCC plan is noted as being prepared, but not included in any of the documentation. A copy of the SPCC plan needs to be presented to the County for inclusion in the application file, prior to the issuance of the Special Use Permit. • All heavy equipment stored on site will be stored in the bottom of the pit, except during Phase 1. The site is separated from the State Highway by elevation and is not very visible, particularly with • • • the existing vegetation. Given the location of the pit in relation to the Interstate, State Highway and other similar operations, screening or other types of visual buffers do not appear to be an issue. All loading of vehicles will occur on the property. Any lighting installed at the facility will be installed so that it is pointed downward and inward to the property center and 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. Response The Applicant states that the facility is designed to protect groundwater and surface water resources. All storage areas will be constructed with impermeable materials and there are no anticipated potential water pollution hazards associated with this facility. If potential hazards are discovered, safeguards designed to comply with the regulations of the Environmental Protection Agency will be installed. The Applicant states that the facility will not generate any adverse impact on water through depletion, pollution of surface runoff, stream flow or surface water. No sewage will be generated, no water supplies will be used and there will be no disposal of water. Section 9.03.05 JPeriodic Review of SUP/ Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Response: Given the short life of this operation (less than 3 yrs.), staff does not see any purpose in an annual review. Should there be an issue that needs to be corrected, the County has the ability to bring the applicant in for a hearing to resolve the issues or revoke the permit. • IV. RECOMMENDED FINDINGS 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. V. STAFF RECOMMENDATION Staff recommends that the Board approve the Special Use Permit for "Extraction, Processing and Material Handling of Natural Resources" for Oldcastle SW Group, LLC and Yvonne Chambers with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. Further a copy of the approved Colorado Air Pollution Emission Permit will be submitted to the County each time a piece of equipment is moved onto the site, at least one week in advance of the move. 3. The County reserves the right to retain outside expertise, at the expense of the Applicant / operator of the facility, in order to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on or away from the site. 4. The Applicant shall submit proof that a site reclamation security as required by the Colorado Department of Minerals and Geology to ensure proper reclamation / rehabilitation of the site, .1 • u , • I 5. The Applicant shall submit a SPCC plan to the Garfield County Sheriff's office, Emergency Preparedness Commander, prior to approval of the Special Use Permit. 6 Prior to the issuance of a Special Use Permit, the Applicant shall submit the following items to the Count Vegetation Manager for approval: A. The Applicant shall map and inventory the property for the County Listed Noxious Weeds. • • B. The Applicant shall provide a Weed Management Plan for the inventoried noxious weeds. Weed management should occur prior to soil disturbance. C. The Applicant shall augment the site reclamation plan by providing a plant material list and planting schedule for the reclamation. D. The Applicant shall provide a Mosquito Management Plan that will address how they intend to monitor and manage this site for mosquitoes. 7. Prior to issuance of the Special Use Permit, the applicant shall provide copies of all local government permits and state and federal government agency permits required in order to undertake mining and processing operations. Failure to comply with all permit requirements will result in the revocation of a Special Use permit issued by the County. 8. Upon completion, a copy of the final decree for the approval of a Plan for Augmentation and the approved well permits pertinent to the project, will be submitted to the Planning Department prior to the issuance of the Special Use Permit. 9. A maximum of 400 ADT will be permitted for the property. 10. All activities within the gravel pit will operate in compliance with the CRS § 25-12-101, et.seq., noise standards. Should there be a complaint about excessive noise, it will be the responsibility of the applicant to provide documentation regarding the ambient noise levels and the noise levels of the activity causing the complaint, consistent with the State noise standards. Any such documentation will be presented to the Board of County Commissioners at a public hearing noticed in the form required by Section 9.03.04. The Board may amend the permit based upon the documentation submitted at the hearing to bring the activity into compliance with the State noise standards. 11. One sign, permitted in compliance with Section 5.07 of the Garfield County Zoning Resolution of 1978, as amended will be allowed on the property. 12. The gravel pit hours of operation will be 6:00 a.m. to 8:00 p.m., Monday through Saturday and 8:00 a.m. to 1:00 p.m. on Sundays from March through November. The operating hours during the December through February period will be 6:00 a n.to 6:00 p.m. Monda through /% Saturday. .� Q �(' P �x1�� ern SCP` Gp°-0-0. �jw 13. A 1 l g sT 1 be downcast and inwardly directed to minimize safety conflicts with highway traffic and with airplanes using the Garfield County Airport 14. Prior to issuance of the Special Use Permit, the applicant shall provide evidence and plans assuring that the storage of all flammable or explosive substances will comply with the National Fire Code and that no flammable or explosive materials will be stored within the • • area subject to flooding from a 100 -year flood. All plans, studies or analyses submitted to satisfy these conditions must be acceptable to the Board of County Commissioners. 15. A list of all equipment and facilities will be provided to the County accompanied by evidence of title and other information required by law to allow proper registration and taxation of the equipment and facilities. The schedule of such property will be kept current at all times with changes reported to the County. Copies of the list(s) shall be provided to the Garfield County Clerk and Recorder and the Garfield County Assessor. 16. As noted by the Division of Wildlife the following will be conditions of approval: A The proposed mining operation will not disturb the riparian area and a buffer area of 100 feet to be established along the river. B. The reclamation plan be modified to create meandering shorelines with some shallow shelf areas to provide waterfowl and shorebirds with some additional feeding areas. Additionally, small islands in the ponds can offer nesting and resting areas for avian species. C. The reclamation plan be modified, after consulting with DOW about the appropriate methods available to eliminate the likelihood of the ponds supporting non-native fish populations 17. Compliance with all terms and conditions of approval contained in any permit issued to the applicants, their successors or assigns, by any local government, state or federal agency, shall be deemed conditions of approval of the Special Use Permit. Any violation of the conditions of any other such permit shall be deemed a violation of the terms of approval of the Special Use Permit. The applicants, their successors or assigns, shall notify the Garfield County Commissioners of any notice of violation or violation regarding the subject mining and processing operations, equipment and associated permits issued by any local government or state or federal agency. The Board shall be notified within ten (10) calendar days of any violation or notice of possible violation. 18. The applicants must commence operations under the terms of the Special Use Permit within one (1) year of issuance of the Special Use Permit. The Special Use Permit will expire upon the determination by the Colorado Division of Minerals and Geology (DMG) pursuant to the provisions of the DMG permit(s) have been satisfied and that reclamation activities have been completed and the DMG Reclamation Bond released and further provided that any permanent ongoing mitigation activities are implemented. g ,476 .15.5 -e s£-GG.1/°"-,~ pr6v/uCc✓ -G&a Jr 1 . 4t,�. I X10.�M om, v,--1)101/01 C�J 4110 ./e4-17` United Gravel pit shoreline, and new the City of Rifle water intake 5/2/06 • • • saiuIduuoD paliun •� li' \`\� � .V• ` a \{ •� • Y` ` `4\• \ •� •• 4• \, OP • �it�d,>` �':��r� ( •••I (`•�'` y,'i 111111 i 1, a ' :Ylik'_,J. r; \ r"'• • T • 1f� �� 1� kt. 10 el , p, \:?..* 1 : ' \� \ \ ..S' • , `o' o _ : . • ( -= rah 11. 5 2 K ' , m 3 '• ' ,---,4.;s:..; tiltillii `1 \ ` q' l Oczn, t, * f0g.,a Ili till ` 11111 _ 1 -- IV VI • / •-,1 *.k. I III .411114111 itil .. 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E • ri CD iz cn CD DI 0 NI m En 0, , ,.. •-t- • ,•••• co 0) , 0 co ao , co 0 P Cg '1:30 rACI) '5- 0 CO ul 0 7•'•'• 7' "' io' o co • 14 5: 0, .-z.• :1 ,...1. . is.'.- c° ,..7 ' c. c'' 0 CD 0 Rt• ,-;•••• 0 1• "00.Pta1 '2cc.Lo)1 a.ctoz. ,Irts:-4t3' c0gipoi, 1- 0i 00 F0tF0oit, ...I .••• • •4 0., 9_, FE,' g g 5- Oh Elt a E's .-t CD t•4 0 0 ca. 0 4' " 0 • 0 PD O 0 00 co n (13 B., )4 MOII311(1011,INI 1:0 CD CD Fgj (1)' co .4co 0 lz 1 0 O0 v) !CO XON Loads 0 w co 0) co 138690 Diesel Emissions from EPA �oo.c. (3) N Cfl LD 01 -P --, lbs/MBtu E cr 2. 0 o = Btu/Galion N :-.1 ,PO 01 0) 0.04022011 0.13175551 0.61162291 Er N +n �_ = • JIbsofCO O,ow 0 0 N 0 Loads mpg One way distance 1 Additional Haulage Impacts IV 01 4,173,424 I 183,486 0 18,349 OH w O • 0 2 O 3 CD CD CD m C 4 i Z i 0 0 N (1 0 X !co XONI O co co 0) C.O I 138690 Diesel Emissions from EPA O O Ibs/MBtu E cr C 0 a) p Btu/Gallon 1 22.745161 0.04022011 0.13175551 0.61162291 Er- u) a) O O, 0 ZOO 4o sql 3 .a C2 0 (D O. N7 .-r z 0 (D co 0) M W 0) Q) 0 -74n O 3 n� ( 0 3 CD CD (-1-3 CD V • • • 1t69 -91-1:-l0£) :iq paaedaad 1 ` • saiuiduioD paliva • TAKE NOTICE That a.,4 64674 .Set) 44w/A fremiAder has applied to the 0/9a/C e04•AllY CO#011/SVOiteer Garfield, County pursuant to farvat6 oz 493 q 03 aerie 6PiveieOza atmoty Zc '/Alif,hedZVv OP /%, ,,s 4,451,Deo to allow: NAt' Oc townie& ifesoteee4s, sAsevigeway Ave'. on this property. ublic har//)j on this applicationpl� 1 be held in the - � /0)11 4k12fJ' I ' '. /mod Glenwood Springs, Colorado NOTICE on j-C/A1E .2400 (date) at /C P 11. (time) Date Notice Was Posted: By: et For additional information, contact the /47ZAAA/Atei Vie/9/074E4/r W6 ar 8212- , 108 8th St. Suite 40/ , Glenwood Springs, CO 81601 i TAKE NOTICE That 44 / frees has ap _ lied to the ‘./PLOqiii42,414` Garfield, County pursuant to 77 i 0. 03 F 9 03 Df Pie 409de,--741e 26.044)4 OL ,7/0 /978, ifi1S / t .4 to allow: Fde . .007 40A.a'//N PkteeS.71i45 /1,41-E4,441. /IMJ1?I-MJ4 A/An AL 6 ar '', S' , Sl '/R, i9 , 40 Alia on this property. A public Atariaq on this application vabe held in the '+ft»,s /o vj (rS /learn), /PG /,,P P. Glenwood Springs, Colorado NOTICE on (date) </Ry 29, 2oe at , 56/ (time) Date Notice Was Posted: By: For additional information, contact the Pt..#49AdvtiO4) • sr 8z'2. , 108 8th St. Suite lam/ , Glenwood Springs, CO 81601 • NOTICE TAKE NOT CE That Oa ha!gap lied to the ®6 Garfield, County pu uant to ' L667704)41 0/46.5 1 743 ao 441447BLD !oma ew0/A.* /,i ek /9781.4frait ioi> to allow: FAerexe-Peetio fle .e ' „t liAxe/AL i4wDzei ` ►ear :' 'fie- is 7eALLY on this property. ublic` on this application Alfr be held in the60)-) 0 t A i � �—r--- D � 5. Glenwood Springs, Colorado � (2.tiitAy eaH/15-Sa•uE,pf on 2oo6 (date) at P /1 - (time) Date Notice Was Posted: By: For additional information, contact the ?L,9AM)46 Zpr/464Jf ?ic gziz , 108 8th St. Suite 0/ , Glenwood Springs, CO 81601 • • • PUBLIC NOTICE TAKE NOTICE that Kenneth Chambers and Flint Chambers have applied to the Garfield County Planning Commission, Garfield County, State of Colorado, to approve a Special Use Permit for a natural resource extraction, processing and material handling to operate the Glen gravel pit, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See attached Practical Description: Located approximately 1 mile east of Rifle, south of State Highway 6. Said Special Use Permit is to allow the petitioners to develop a gravel pit with concrete and asphalt processing facilities, on the above described property. All persons affected by the proposed Special Use Permit are invited to appear and state their views, support or objections. If you cannot appear personally at this hearing, then you may state your views by letter, as the County Commissioners will give consideration to the comments of surrounding property owners and others affected by the proposed Special Use Permit. This application may be reviewed at the office of the Planning Department, located at 108 8th Street, Suite 401, Garfield County Administration Building, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The public hearing on the application before the County Commissioners has been set for the 12th day of April, 2006, at the hour of 6:30 p.m., at the office of the County Commissioners, Garfield County Administration Building, Suite 100, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • • • NOTICE TAK N O That has applied the L iV Garfield, County pursuant to 3"° g 903 G /�� g,o9 ,ouAny 64-ww, Nitd t fing, AS AfV ien to allow: 7! '�Cw�, PRec s/ Amme/I a-- on this propert A public ri3 on this applicationil will be held in the /off 54J/ Air (411-6Z eokpfru5s/oA/ Glenwood Springs, Colorado on /2 zoo4 (date) at (time) 3o Y� Date Notice Was Posted: By: For additional information, contact the P;AltiAlhtig9 PEMR4010404 at 94? er g„ -/Z , 108 8th St. Suite / , Glenwood Springs, CO 81601 • • Oldcastle SW Group Inc., dba United Companies of Mesa County Glen's Pit Garfield County C ' ' -Use Permit Submittals July 25, 2006 • • P.O. Box 3609 2273 River Road Grand Junction, CO 81502 (970) 243-4900 Fax: (970) 243-5945 July 25, 2006 Mark Bean Garfield Planning and Building Dept. 108 8th Street Suite 201 Glenwood Springs, CO 81601 P.O. Box 1909 21830 Hwy. 550 South Montrose, CO 81402 (970) 249-1815 FAX: (970) 240-8497 RECEI JUL 2 6 2005 GARFIELD COUNTY BUILDING & PLANNING P.O. Box 103 931 East Highway 92 Delta, CO 81416 (970) 874-9759 Fax: (970) 874-8326 Re: Glen's Pit — Conditional Use Permit submittals Mr. Bean: I have addressed the conditions of approval in the order presented in the draft resolution. All necessary items are included in this submission. P.O. Box 1556 27858 Hwy 6&24 Rifle, CO 81650 (970) 625-3738 FAX: (970) 625-5605 1. No additional submission required. 2. Please see enclosed copy of the following: a. CDPHE APEN of crushing plant to be brought on site temporarily. 3. No additional submission required. 4. Please see copy of bond required by CDMG. 5. Please see copy of SPCC plan. Currently no fuel is to be stored on-site. Upon construction of the fuel bunker, the containment and SPCC plan will be certified by a PE. 6. United has addressed Mr. Anthony's weed and mosquito concerns. He will send you a letter confirming compliance on both subjects. 7. Please see copies of the following: a. City of Rifle Watershed Permit b. CDPHE Discharge Permit c. CDPHE Site APEN 8. Please see copies of the following: a. Substitute Water Supply Plan (Issued by CDWR as temporary water supply until Augmentation Plan is approved by the Water Court) b. Gravel Well Permit 9. No additional submission required. 10. No additional submission required. 11. No additional submission required. 12. No additional submission required. 13. No additional submission required. 14. All of site other than the settling pond exist above the 100 -year floodplain as shown in the application. No materials will be stored in the pond. 15. All equipment used on the site will be licensed. However, this equipment is based out of the main facilities of United. Any equipment permanently located at this • • facility will be licensed. At this time no equipment is permanently located at this site. United uses contract haulers for almost all material hauling in this area. 16. We are currently working with Brian Gray of CDOW. We are committed to working with CDOW during the reclamation of the site. 17. No additional submission required. 18. No additional submission required. 19. Please see copies of the following: a. Easement from Colorado Rivers Edge LLC b. Letter from CDOT regarding the access. 20. Please see copy of secondary bond required by the County. If you have any further questions or need clarification on the submission please contact me or Ben Miller of Lewicki and Associates. Sincerely, ,1 -<QA)\-) Brent W. Kerr Resource Manager Enclosures