HomeMy WebLinkAbout9.0 Resolution 2007-41! •
WNW II III
Reception#: 723878
05/22/2007 04:50:36 PM B: 1929 P: 0144 Jean Alberico
1 of 9 Rec Fee:$0.00 Doc Fee: GARFIELD COUNTY CO
STALE, 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, April 2, 2007, there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Jean Alberico
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 200 7- 4 1
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT APPLICATION FOR EXTRACTION, PROCESSING, STORAGE AND
MATERIAL HANDLING OF NATURAL RESOURCES FOR A PROPERTY OWNED
BY GYPSUM RANCH, LLC
Parcel ID: 2179-093-00-716
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from Gypsum Ranch, LLC for a Special Use Permit ("SUP") for Extraction,
Storage, Processing, and Material Handling of Natural Resources for a Gravel Extraction Operation
in the Agricultural / Industrial (Al) zone district; and
WHEREAS, on November 13th, 2006, the Board of County Commissioners referred the
application to the Garfield County Planning Commission for a recommendation in a public hearing;
and
WHEREAS, the Garfield County Planning Commission opened the public hearing on
January 10th, 2006 and continued the hearing to January 1.5th, 2006, upon the question of whether the
above described SUP should be granted or denied. at which hearing the public and interested persons
were given the opportunity to express their opinions concerning the approval of said special use
penult; and
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WHEREAS, on January 15th, 2006, the Garfield County Planning Commission voted to
recommend approval to the Board of County Commissioners upon the question of whether the above
described SUP; and
WHEREAS, the Board of County Commissioners held a public hearing on April 2, 2007
upon the question of whether the above described SUP should be granted or denied, at which hearing
the public and interested persons were given the opportunity to express their opinions concerning the
approval of said special use permit; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact as listed below:
1. Proper posting and public notice was provided as required for the public hearing before
the Board of County Commissioners.
2. The public hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all 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.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that Special Use Permit is approved for Gypsum Ranch, LLC for Extraction,
Storage, Processing, and Material Handling of Natural Resources for a Gravel Extraction Operation
in the Agricultural / Industrial (AI) zone district with all of the following specific conditions:
1. That all representations of the Applicant, either in testimony or the submitted application
materials, shall be considered conditions of approval unless specifically altered by the
Board of County Commissioners.
2.
The County shall not issue a Special Use Permit until all required local, state, and federal
permits have been obtained and submitted to Garfield County including but not limited to
the City of Rifle Watershed Permit, CDPHE, USACE, NDPES, Division of Water
Resources (approved well permits and plan for augmentation), etc.
3. That the Applicant shall construct a 310 -foot deceleration lane for the westbound right
turns into the site from CR 346. No mining activity can occur until these improvements
have been installed and approved by the County Road and Bridge Department with the
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specific exception that limited mining may occur prior to the issuance of a SUP only to
provide the gravel resources necessary to construct the proposed 310 -foot deceleration
lane for the westbound right turns into the site from CR 346. In order to construct this
deceleration lane, the Applicant shall obtain a grading permit from the County Building
Department and also work with the County Road and Bridge Department for
improvements within the County ROW.
4. The Applicant shall obtain driveway access permit/s issued by Garfield County Road &
Bridge Department at specific locations to be approved by the Road and ridge
Department. These permits shall have conditions specific to the driveway/s. This will
include stop signs at entrance to CR 346 (Rifle -Silt Road). The stop signs and
installation shall be as required in the MUTCD (Manual on Uniform Traffic Control
Devices). Paved or concrete apron/s shall also be required as specified by the issued
permit/s.
5. All truck traffic shall enter and leave the gravel pit site from the east and not go west on
CR 346 to the Mamm Creek interchange. This portion of CR 346 has 90 degree corners
and narrow road sections and has not been added to the preferred haul routes as
designated by Garfield County Road & Bridge Department for heavy truck travel.
6. Garfield County Road & Bridge Department at this time is seeking funding to completely
rebuild CR 336 (Jenkins Cutoff) the main cross road between CR 315 (Mamm Creek)
and CR 331 (Dry Hollow Road). If the funding becomes available for 2007 CR 336
(Jenkins Cutoff) will be shut down for construction and CR 331 (Dry Hollow Road) will
become the preferred haul route to access the drilling operations south of Silt. Trucks
leaving the gravel pit would only have to go the east for approximately 1 -mile on CR 346
(Rifle Silt Road) to access CR 331 (Dry Hollow Road).
7. If road damage on CR 346 becomes evident due to the traffic generated from the gravel
pit operation, the Road and Bridge Department shall require that repair or replacement of
the road surface as determined by Garfield County Road & Bridge Department become
the responsibility of the owners or operators of the gravel pit operation.
8. In any mining phase, the mined slope length of 2H:1 V will be backfilled as necessary
prior to topsoiling and seeding. Generally, this is a milder slope of at least 3H:1 V from
5.o feet below the water line and higher. The amount of mined slope allowed to be
present that is not backfilled at any given time is 1000 feet.
9. 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.
10. 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
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small the area is.
11. Within 6 months of finishing mining in any designated mining area (5 total), the area
must be fully reclaimed including topsoiling, seeding, mulching, sapling planting, and
water filling of the lake.
12. The operator will submit an annual report to the County with GPS measurements shown
on a map showing the current disturbance, what 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.
13. All of the above are binding conditions of the County permit and the State Division of
Reclamation, Mining and Safety. The Division of Reclamation, Mining and Safety can
withhold the reclamation bond if the final reclamation is not executed according to the
plans.
14. 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.
15. 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.
16. A full list of all other permits shall be provided to the County. 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.
a. CDPHE Air Quality Control 303-692-3150
b. CDPHE Water Quality Control 303-692-3500
c. US Army Corps of Engineers 970-243-1199
d. Division of Reclamation, Mining and Safety 303-866-3567
e. CDOT Grand Junction office 970-248-7000
17. The County will be invited to any bond release inspection of the State Division of
Reclamation, Mining and Safety. The County inspector will have the opportunity to
demonstrate that any item of the permit has not been complied with and that bond should
not be released.
18. 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 penult
occur over a period of time.
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19. The existing residence (proposed to be used as an office for the life of the gravel pit)
shall provide potable water and wastewater service to employees of the gravel pit
operation. The sizing and performance of the ISDS system shall be verified by an
engineer to the County for the uses expected prior to the issuance of a SUP.
20. The Applicant shall install all landscaping and landscaped berms to aid in visual
screening prior to issuance of Special Use Peunit. Applicant shall invite the Staff from
the County Building and Planning Department to the site to inspect that the installation
occurred pursuant to the plan presented to the Board of County Commissioners and
attached to the record as Exhibit HH entitled "Revised Berming, Screening, and
Buffering Plan" dated March 15, 2007.
21. The gravel pit hours of operation will be 7:00 a.m. to 8:00 p.m. Monday through
Saturday with crushing, digging, and heavy hauling allowed from 7:00 am to 6:00 pm
allowing for administrative and maintenance activities to take place until 8:00 p.m. No
operations shall take place, on Sunday.
22. All lighting shall be the minimum necessary, directed inward and downward towards the
property.
23. The reclamation plan approved by Garfield County in the Special Use Permit shall be
resubmitted to the DRMS to become the only reclamation plan (tasks / timetables) used
by both the County and DRMS. Additionally, a new bond shall need to be calculated to
cover this plan and secured with DRMS to cover its implementation.
24. Mining operations shall be allowed to progress so long as the previous pit has been
reclaimed within 6 months after the commencement of the new pit mining operation. If
the reclamation has not occurred in six months, all mining operations on the property
shall stop until the reclamation / revegetation has occurred to the satisfaction of the
County.
25. The Applicant shall be required to present a yearly review and update of the gravel
operations to the Board of County Commissioners until full mining operations have been
completed and full reclamation has been established.
26. 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. The applicant shall address the
management of Russian olive on site within the first year of operation. This also applies
to tamarisk if found on-site, although the applicant's submitted inventory doesn't indicate
tamarisk, staff believes that there may be some tamarisk on the property. This weed
management plan shall be submitted to the County Vegetation Manager for approval
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prior to the issuance of a SUP.
27. All mining activities shall be required to comply with the following performance
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.
(2) Vibration generated: every use shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible, without instruments, at any point
of any boundary line of the property on which the use is located.
(3) Emissions of smoke and particulate matter: every use shall be operated so as to
comply with all Federal, State and Count), air quality laws, regulations and standards.
(4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it
does not emit heat, glare, radiation or fumes which substantially interfere with the
existing use of adjoining property or whichconstitutes a public nuisance or hazard.
Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other
such operations which may be required by law as safety or air pollution control
measures shall be exempted from this provision.
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:
(A) Storage of flammable or explosive solids or gases shall be in accordance with
accepted standards and laws and shall comply with the national, 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 nzinimum lot size is five ve (J) 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.
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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 7 a.m. to 6
p.m., Mon. -Sat..
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.
(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.
28. The four concerns in the letter from the Loesch and Crann Ditch Company, dated
12/28/06 and attached to this memorandum as Exhibit M, are made conditions of
approval by reference.
29. That the Applicant has withdrawn the concrete and/ or asphalt batch plants from the
proposed application and are not presently included in this project. In the event the owner
of the subject property wishes to include concrete and/ or asphalt batch plants, a revised
application shall be submitted to the County under the rules and regulations in affect at
the time of submittal.
30. The Applicant, as represented, shall donate the property once fully mined to the Division
of Wildlife.
31. That the Applicant shall enter into an agreement with Stillwater Ranch Development in
order to construct and use an internal road between the gravel operation and the adjacent
Stillwater Ranch Development to alleviate unnecessary trips onto CR 346 as well as
portions of that road system that have been annexed into the Town of Silt. This
agreement shall be in place prior to the issuance of a Special Use Permit.
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32. That in the event the Town of Silt de -annexes the roads subject to the "Road Impact
Royalty Agreement", the Operator / Owner of the gravel operation shall agree to enter
into a contract that provides the County with the royalties included in the Silt contract if
said roads are de -annexed from the Town of Silt. Additionally, any royalties paid to the
Town of Silt that have not been spent shall be delivered to Garfield County.
33. That the owner of the subject property shall convey no more than 1.5 cfs of raw irrigation
water from the subject property to the contiguous property north of I-70. This conveyance
shall be via a ditch during irrigation season only. All other water generated from pit -
dewatering shall be disposed of according to CDPHE into the Colorado River.
Dated this I day of 11714.41_ , A.D. 20 0 .
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ATTEST:
•
SEAL
•
• e
e
Clerk the Boar
GARFIELD COUNTY BOARD OF
COMMISSION ARFIELD COUNTY,
COLORADO /
Chaiiuian
Upon motion duly made and seconded the foreg
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
Resoluion was adopted/by the
STA I L OF COLORADO
)ss
County of Garfield
, Aye
, Aye
, Ave
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.
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9 of 9 Rec Fee:$0.00 Doc Fee: GARFIELD COUNTY CO
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
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