HomeMy WebLinkAbout1.0 BOCC Staff Report 8.02.10I �✓ -ey-+
Exhibits for Board of County Commissioner Public Meeting Kp
August 2, 2010 — RTZ Gravel Pit SUPS
Kathv A. Eastlev if
—C
From:
Tim Thulson [tim@balcombgreen.com]
Sent:
Wednesday, July 07, 2010 8:30 AM
To:
Kathy A. Eastley
Cc:
tzancanella@za-engineering.com; waynerudd@hotmail.com; rmr@sopris.net
Subject:
RTZ Gravel Pit
Attachments:
ATT506814.b(t
Kathy — Thanks for the reminder re: the expiration of the RTZ Special Use this upcoming July 13, 2010 (BOCC Resolution
No. 2009-52). As you are aware RTZ has been unable to initiate operations under this approval given that the required
improvements to County Road 300 and State Highway 6&24, which are required to allow truck traffic to access this site
have not been approved by CDOT. Although the County has been issued an access permit in this regard, final
construction designs have yet to be completed and the stakeholders and other interested parties have yet to agree how
the same will be funded. Although significant recent steps have been taken toward this end, resolution of the same will
not occur by July 13. Accordingly, by this correspondence and on behalf of RTZ Industrial, Stockton Restaurants
Corporation and Specialty Restaurants Corporation, I would ask that this matter be scheduled before the BOCC for
consideration of an extension of this approval. Thanks for all your help on this matter.
Very truly yours,
Timothy A. Thulson
Balcomb & Green, P.C.
P.O. Drawer 790
818 Colorado Ave.
Glenwood Springs CO 81602
970-945-6546
970-945-8902 - Fax
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this message and any attachments. Thank you.
BOCC 8/2/2010
KE
PROJECT INFORMATION
REQUEST One -Year Extension — RTZ Gravel Pit
Conditional Approval granted July 13, 2009
PROPERTY OWNER Specialty Restaurant Corporation, Stockton
Restaurant
LESSEE RTZ Industrial, LLC
REPRESENTATIVE Tim Thulson — Balcomb & Green, P.C.
LOCATION Southwest of Parachute, just south of the
intersection of CR 300 and SH 6
BACKGROUND
The Board of County Commissioners (the Board) conditionally approved a request for
"Extraction, Processing, Storage and Material Handling of a Natural Resource" to allow
for gravel extraction operation to occur on a 130.5 -acre portion of a 1,200 -acre property.
The approval was granted at a public hearing held on Monday July 13, 2009. The
conditions of approval adopted by the Board include:
2. This approval shall expire if the Special Use Permit has not been issued within one year of the date of
approval of the application. The Special Use Permit shall expire fifteen (15) years from the date of issuance.
If mining operations have not ceased and reclamation of the site has not been completed to the satisfaction
of Garfield County and the DRMS, the Applicant may request an extension of the permit be granted by the
Board of County Commissioners.
The conditions of approval have not yet been satisfied therefore issuance of the Special
Use Permit has not occurred.
II. REQUEST
A request for extension was received on July 7, 2010 from the lessee's representative,
see Exhibit C. Pursuant to §4-103 G.8.b. of the Unified Land Use Resolution of 2008, as
amended:
8. Expiration of Approval. Unless otherwise provided by these Regulations or stated in action
approving a land use change application, the decision to approve or conditionally approve the
land use change shall be valid for a period of one year, to complete all conditions of approval.
b. Impact Review
(3) Major Impact Review. The Board's decision to approve or conditionally approve
a land use change application by Major Impact Review shall be effective for a period of
one year. Prior to expiration of the original Major Impact Review approval, the applicant
may request an extension of one year to complete conditions of approval.
III. AUTHORITY
The Board has the authority to grant an extension for one year
IV. STAFF RECOMMENDATION
Staff recommends that the Board grant a 1 -year extension to conditional approval
granted by Resolution No. 2009-52 for the RTZ Gravel Pit. The conditional approval
shall expire if the Special Use Permit is not issues by July13, 2011.
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RFIELO COUNTY COGO n
9
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, the 13'' day of July A.D. 2009, there were present:
John Martin
Commissioner Chairman
Mike Samson
Commissioner
Tr6si Houpt
Commissioner
Don Deford
County Attorney
Cassie Coleman
Assistant County Attorney
Jean Alberico
Clerk of the Board
Ed Green (absent)
County Manager
when the following proceedings, among others were had and done,.to-wit:
RESOLUTION NO. 2009-52
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR "EXTRACTION, PROCESSING, STORAGE AND MATERIAL
HANDLING OF A NATURAL RESOURCE" FOR GRAVEL EXTRACTION WITHIN A
±130 -ACRE LEASE AREA WHOLLY CONTAINED WITHIN A±1,200 -ACRE
PROPERTY OWNED BY SPECIALTY RESTAURANT CORPORATION AND
STOCKTON RESTAURANT CORPORATION DESCRIBED AS THE SE'/. OF THE
SE114 SECTION 28 AND SECTION 33, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF
THE 6TH P.M., GARFIELD COUNTY
PARCEL NO'S# 240932400138; 240932400138; 244706400057; 244706100056;
244512400010;244512300012;244707200025;244513100201
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a Special
Use Permit request for a "Extraction, Processing, Storage and Material Handling of a Natural
Resource" within a property owned by Specialty Restaurant Corporation and Stockton Restaurant
Corporation, Garfield County.
B. The subject parcel is legally described in a deed recorded at Book 1226, Page 677 at
reception number 574813 with the Garfield County Clerk and Recorder and more generally
described as Five Mile Ranch, whose eastern boundary commences at the southwest intersection of
Bill ®illi
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County Road 300 and State Highway 6 & 24 south of Parachute, CO in unincorporated Garfield
County.
C. The subject property is within the Agricultural Residential Rural Density (A/RJR1D) zone
district, where such use is permitted as a Special Use.
D. The Board of County Commissioners considered the question of whether to refer the
application to the Planning Commission at a public meeting held on January 19, 2009 when the
Board referred for Planning Commission review and recommendation.
E. The Planning Commission held a public hearing on the 25h day of March, 2009 to
consider the application and determine a recommendation to the Board of County Commissioners
upon the question of whether the above-described SUP should be granted or denied, during which
hearing the public and interested persons were given the opportunity to express their opinions
regarding the issuance of said SUP.
F. The Board of County Commissioners opened a public hearing on the 1'' day of June, 2009
and continued the hearing until 13'h of July, 2009 when the question of whether the above-described
SUP should be granted or denied was considered, and during which hearing the public interested
persons were given the opportunity to express their opinions regarding the issuance of said SUP.
E. The Board of County Commissioners closed the public hearing on the 13th of July, 2009 to
make a decision regarding the request.
F. The Board on the basis of substantial competent evidence produced at the aforementioned
hearing, has made the following determinations of fact:
1. Proper posting and public notice were provided as required for the meeting before the
Board of County Commissioners.
2. The meeting before the Board of County Commissioners 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 the Garfield County Zoning Resolution
of 1978, as amended.
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RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution
B. A Special Use Permit for a "Extraction, Processing, Storage and Material Handling of a
Natural Resource" for a gravel extraction project to be limited to a±130 -acre lease area on a
±1,200 -acre property, (said lease area being described in attached Exhibit A and graphically
shown in the approved mining plan attached as Exhibit B), in Garfield County is hereby
approved subject to compliance with the following conditions:
1. All material representations made by the Applicant and their representatives in the
application or during the public hearing must be adhered to as conditions of approval
unless otherwise stated by these conditions.
2. This approval shall expire if the Special Use Permit has not been issued within one
year of the date of approval of the application. The Special Use Permit shall expire
fifteen (15) years from the date of issuance. If mining operations have not ceased and
reclamation of the site has not been completed to the satisfaction of Garfield County
and the DRMS, the Applicant may request an extension of the permit be granted by
the Board of County Commissioners.
3. The operation of this activity must comply with all local, state and federal
requirements.
4. Hours of Operation related to mining activity shall be limited to 7 a.m. to 8 p.m.
Monday through Saturday with crushing, digging, and heavy hauling allowed from
7:00 a.m. to 6 p.m. allowing for administrative and maintenance activities to take
place until 8:00 p.m.
5. The site is required to comply with the recommendations contained in the Noise
Assessment Report prepared by EDI, Inc. as follows:
a. Noise control methods such as barriers or berms using overburden or stockpiles
may mitigate the noise emissions from stationary equipment;
b. All equipment operated by the Applicant will be fitted with noise control devices
such as mufflers, intake silencers, baffles and screens that are equal to or better
than manufacturer's original configurations.
c. Customer's haul trucks shall not exceed the noise limits listed in CRS 25-12-107.
The Applicant or the Applicant's pit operator may monitor the noise emissions
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of the Customer's haul trucks and prohibit their access to the pit until they are in
compliance with the noise emission limits.
d. All of the Applicant's mobile equipment used at the pit shall be fitted with the
"White Noise" Backup Alarms that have been installed and adjusted to meet the
requirements set forth by the U.S. Department of Labor, Mine Safety and Health
Administration (MSHA).
6. Prior to issuance of the Special Use Permit copies of the following permits, or
sufficient demonstration thereof, must be submitted to the Building and Planning
Department and said permits must be consistent with the approvals granted herein:
a. Well Permits consistent with the Court Decree of Case No. 07CW88 (including
application for variance approval to the Board of Examiners for Water Well
Contracts) and satisfactory to allow for construction and on-going maintenance of
ponds associated with reclamation of the site;
b. Division of Reclamation and Mine Safety 112 Permit and reclamation plan;
c. State Highway Access Permit, unless the Board of County Commissioners would
change policy and be the applicant for the State Highway Access Permit;
d. Garfield County Road & Bridge driveway permit;
e. The general mining Air Pollution Emission Notice (APEN);
f. The dust mitigation plan Air Pollution Emission Notice (APEN);
g, The crushing and screening equipment (individual) Air Pollution Emission
Notice (ADEN);
h. If necessary, an Air Emission Permit related to mining operations that produce
greater than 70,000 tons per year;
i. Process Water and Stormwater Discharge Permits;
j. Construction De -watering Permit.
Any person at any time can call the following agencies directly and request an
inspection if they believe a condition of that agencies permit is being violated:
CDPHE — Air Quality Control 303-692-3150
CDPHE Water Quality Control 303-692-3500
US Army Corps of Engineers 970-243-1199
Division of Reclamation and Mine Safety 303-866-3567
Colorado Department of Transportation 970-248-7000
7. Prior to issuance of the Special Use Permit the Applicant shall submit affidavits from
water, wastewater and waste disposal companies for service compliant with the
approvals granted herein.
8. A Floodplain Permit is required prior to issuance of the Special Use Permit.
9. All operational activities including, but not limited to, office space, employee
parking, fuel storage, sanitation facilities and equipment storage shall be limited in
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location to that area which is identified on the site plan as the Facilities Area.
10. pursuant to the recommendation of the Colorado Division of Wildlife on-site refuse
containers must be bear -proof.
11. The site must adhere to the recommendation of their wildlife biologist as follows:
a. Lighting — excessive or night-time lighting is not recommended in order to
allow big game use of the area;
b. Roads — Minimize fencing along the roads and remove old, non junctional
fences to facilitate movement and retaining walls should minimized;
C. Fences — specifications and requirement for snow fencing or silt fencing;
d. Landscaping and Revegetation — Since the area is used as winter range and
critical winter range, the reclamation of the site will need to occur using
native plan species and vegetation profiles. Revegetation should occur as
soon as possible with planting in the spring recommended due to big game
having left the area.
C. Dogs — Dogs should be under leash control.
12. In any mining phase, the mined slope length will be backfilled at a minimum of
3H:1 V prior to topsoiling and seeding.
13. The amount of mined slope allowed to be present that is not backfilled at any given
time is 1000 feet.
14. The amount of backfilled slope that is not topsoiled is limited to 400 feet. Topsoiling
is required on all surface areas down to 5.0' below expected water level.
15. Seeding and mulching according to the approved plan will occur on all topsoiled
areas each spring (March 15 -April 15) or fall (September 15 to November 15) no
matter how small the area is.
16. The mining operations shall be allowed to progress so long as the prior phase has
been reclaimed within 6 months after commencement of the new phase of mining
operation. If the reclamation has not commenced in six months, or if reclamation has
not been completed within 18 months, all mining operations on the property shall
stop until the reclamation / revegetation has occurred to the satisfaction of the
County. Completion, including but not limited to top -soiling, seeding, mulching,
sapling planting, and water filling the lake(s) shall be determined by the provisions
contained within the reclamation plan approved by the Board of County
Comrnissioners.
17. The operator will submit an annual report to the County Building and Planning
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Department with GPS measurements shown on a map showing the current
disturbance, w hat areas have been backfilled, where topsoil stockpiles are located,
all site structures, what areas have been seeded, mulched and what is planned for the
ensuing 12 months.
18. The County commits to notifying the operator of any compliance concern and allows
an inspection with site personnel and the designated County inspector prior to
contacting any agency.
19. The County can request a site inspection with one day's notice to the operator. Full
access to any part of the site will be granted. On request, all paperwork must be
shown. The County cannot request a large number of inspections that would interfere
with normal,operation without cause.
20. The County will be invited to any bond release inspection of the State Division of
Reclamation and Mine Safety. The County inspector will have the opportunity to
demonstrate that any item of the permit has not been complied with and that the bond
should not be released.
21. The Operator acknowledges that the County has performance standards in place that
could lead to revocation of the Special Use Permit if continued violations of the
permit occur over a period of time.
22. The reclamation approved by Garfield County in the Special Use Permit shall be
resubmitted to the DRMS to become the only reclamation plan (tasks / timetable) use
by both the County and DBMS. Additionally, a bond shall need to be calculated to
cover this plan and secured with DRMS to cover its implementation.
23. The Applicant shall provide locations of County listed noxious weeds on a map.
Once the inventory is provided the Applicant shall develop a weed management plan
that addresses all County -listed noxious weeds found on site. This weed
management plan shall be submitted to the County Vegetation Manager for approval
prior to the issuance of the Special Use Permit.
24. Prior to issuance of the Special Use Permit the Applicant shall submit evidence of
insurance for a minimum of $1,000,000 to cover any damages to public and private
property, and Garfield County shall be named as an additional insured.
25. A Berming, Screening and Buffering Plan shall be submitted to Building and
Planning prior to the Board of County Commissioner public hearing on this
application. This information is currently contained in various areas within the
submittal documentation however staff requests one document, entitled as above,
containing the related information.
6
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26. The Resolution and Special Use Permit issued for the RTZ Gravel Pit shall
supersede and replace in its entirety Resolution No. 81-227 which will in effect no
longer be valid.
tt
Dated this a0 day of A.D. 20�_.
ATTEST:
SEAL
of the Board
Upon motion duly made and seconded the
following vote:
INTY BOARD OF
, GARFIELD COUNTY,
COMMISSIONER CHAIR JOHN F. MARTIN , Aye
COMMISSIONER MIKE SAMSON Aye
�r,,.RT„rreernr VP TRFCI T401IPT , Aye
STATE OF COLORADO )
)ss
County of Garfield )
by the
I , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this _ day of , A.D. 20_
County Clerk and ex -officio Clerk of the Board of County Commissioners
Division of Reclamation Mining 8 Safety
Permit Application
EXHIBIT A
RTZ INDUSTRIAL
SAND & GRAVEL MINING OPERATION
GARFIELD COUNTY, COLORADO
6.4.1 EXHIBIT A - Legal Description
A PARCEL OF LAND SITUATED IN SE1/4SE1/4 OF SECTION 28 AND IN SECTION 33, TOWNSHIP 7
SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE
OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33, A BLM CAP IN PLACE, THE
POINT OF BEGINNING; THENCE S00°01'55"E ALONG THE EASTERLY BOUNDARY OF SAID
SECTION 33 A DISTANCE OF 1,369.44 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY
S17°45'22"W ALONG THE WESTERLY RIGHT-OF-WAY OF UNA ROAD A DISTANCE OF 1,065.87
FEET TO A POINT IN THE CENTER OF THE COLORADO RIVER, AS DEFINED IN BOOK 602 AT
PAGE 964 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG SAID
CENTERLINE AS DEFINED, N69m04'1T W A DISTANCE OF 1,170.74 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S85°15'21"W A DISTANCE OF 324.97 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S59°20'30"W A DISTANCE OF 316.71 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S48053'02"W A DISTANCE OF 337.31 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S20°46'48"W A DISTANCE OF 328.61 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S11°57'01"W A DISTANCE OF 859.10 FEET; THENCE CONTINUING
ALONG
SAID
ERLINE N55 52 00'W A DISTANCE OF 26 96 FEET TO A POINT ON THE SOUTHERLY
CE
RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD; THENCE N34°08'00"E ALONG SAID
SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 2,309.28 FEET; THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 3,080.15
FEET AND A CENTRAL ANGLE OF 07°48'46", A DISTANCE OF 420.03 FEET, (CHORD BEARS
N37'1 2'54"E A DISTANCE OF 419.70 FEET) TO A POINT ON THE NORTH -SOUTH CENTERLINE OF
NG SAID
NORD SECTN 33; THENCE TH-SOIUUTH CENTERLINE A DISTAINCE ONG OF 73.67 FNG DEET; THENCE LOEAVIING SAID
AND CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 2,815.06 FEET AND A CENTRAL ANGLE OF 12°14'22", A DISTANCE OF
601.36 FEET, (CHORD BEARS N48°41'42"E A DISTANCE OF 600.21 FEET); THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY N55`08'54"E A DISTANCE OF 98.96 FEET; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY N55029'00"E A DISTANCE OF 2,142.73 FEET TO A POINT ON THE
NORTHERLY BOUNDARY OF SAID SECTION 33; THENCE CONTINUING ALONG SAID RIGHT-OF-
WAY N87°19'01"E ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 94.82 FEET; THENCE
LEAVING SAID NORTHERLY BOUNDARY AND CONTINUING ALONG SAID RIGHT-OF-WAY
N55029'00"E A DISTANCE OF 299.37 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID
SECTION 28; THENCE LEAVING SAID RIGHT-OF-WAY S01057'23"E ALONG SAID EASTERLY
BOUNDARY A DISTANCE OF 157.92 FEET TO THE POINT OF BEGINNING; SAID PARCEL
CONTAINING 130.558 ACRES, MORE OR LESS.
Division of Reclamation Mining 8 Safety
Permit Application
MINE MAIN ENTRANCE
RTZ MINE
LATITUDE - 39°24'02"N
LONGITUDE -10806'17"W
DATUM - NAD 831WGS84
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GARFIELO COUNTY ASSESSOR
2109-321-00-198
PROPERTY LEASE h APPLICANT:
RTZINDUSTRIAL LLC.
1011 'RAND AVENUE
GLENMOOD SPRINGS. CO 81801
PROPERTY ORNER:
SPECIALTY RESTAURANT
CORPORATION h STOCKTON
RESTAURANT CORPORATION
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EXHIBIT B
Flzoo' OFFSET OF RTZ PIT DNDY
ORR PRO$LT DWNDARY
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EXISTING WETLANDS
—j PERMANENT SEED MIX
GRAPHIC SCALE
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