Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 06.02.2008Exhibits - Public Hearing (6121200g) (US Bureau of Reclamation - Rifle Gap State Park) Eas*.re e' ,(Le{9r Aaa .?/''l*,e( (t'"o'tt, R €" T* Z?tr-nv Proof of MailA Proof of PublicationB C Garfield of 197 as amended Code D Garfield Plan of 2000 E Staff Memorandum F G Letter from Jake Mall of the Garfield County Road and Bridge Department dated 7,2008 H Letter from Robert J. Peterson, Environmental Protection Colorado Department of Public Health and Environment to Mike Havens of the Specialist, of the Colorado State Parks dated 2 2008 I Memo from Steve Anthony of the Vegetation Management Department dated May 23 2008 J Email from Jim Rada, Garfield County Environmental Health Manager dated May 23 2008 TYPE OF REVIEW APPLICANT LOCATION SITE INFORMATION EXISTTNG ZONING ADJACEN T ZONING BOCC 06/2/08 DP PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit for "Processing and Material iandling of Natural Resources" and a Certificate of D6signation for expansion of a Reverse Osmosis Brine Water Evaporation Ponds United States Bureau of Reclamation (Colorado State Parks - Rifle Gap State Park) The subject property is located approximately 4 miles'nortn of tnl City of Rifle and within Rifle GaP State Park ApproximatelY 770 acres Agricultural Residential Rural Density (ARRD) ARRD and O/S US Bureau of Reclamation - Rifle GaP State Park- RO Pond ExPansion BOCC - 06/2/2008 2 I. DESCRIPTION OF THE PROPOSAL The Buirding and pranning Department received a speciar use permit (sup) application for ,,processing and nrrt"ii"i-nrniring of 'r.iJtrr"r-R"rorr""'r"nJ " requesi for a certificate of Designation for expansion of an existing n"'"tt" osmosis evaporation P.olg Et"nsion' The site is rocated off state Highway 325, appro*,r"t"rv + ,iles north oiiG city of Rifre and within Rifle Gap State Park. More specifically, the Applicant requests approval for a Special Use tq'rl! and certificate of Designation from tn"-edio to increase ihl nlhn"r of the ,"Gi"" osmosis brine water evaporation ponds within nitre 6ap st"G e1t1. fr;'td;Xtting two (2t to a total-of-Y:t 0)' This facilitv currently serves to evapora!." ltr tn". *r[i"i""t"dtto' ihe reve'se osmosis treatment for the potabre water ur"o *itnin nine cap state Fark. once the water is evaporated, sarts and other once dissorved sorids are reft at the uottom'-oi .r," pii. irti. ro.rio i"riord (brin") is then disposed of accordingty. rne wa-teiit Ue treateo origin"i"-t it#'.1*"-1g) grounO wlter-wells which are nearby and within the park. The App*cant nas?epresented the appri-ation in the foilowing manner: Thedrinkingwclerp}ontotRifleGopsiotePqrkneectssomework.Thebrine evoporotioo po.,OJJ the woler pfoni'** too smoll' und rnust be exponded' Recenl Slole of Colorodo regulctory cr,onges &;'* us m ontoin o Certillcote ol Designstion from Gartierd counry f*r. rhis wqrk. ,r--'JJri*" or *rir rJter is ro requesl your opprovol of ourprolect. A fsvoraLre recomm*ni"ti"t hom Garfield Countywillollow t'ts to El"J*60 *fth ttre itotu review ond opprovotprocess' The Rifre Gop worer treqtrnent pront us*s cr reverse-osrnosis process to treat wellwoler for cpnsumptien on the pork. * nyproouct or *-le process is concentroted sort worer' Itris brine frows rnto fwo rined ponds, where it is supposed to cornpretery evoporate' An ""L*i"* of lhe ponds is shown in Fhoto #2' The de:ign of the wuter plont wss reviewed snd npproved by the wqler Quotity contror Division "iirr*ttlte Heotth bebort*ent in 2004. Thot opprovorprocess incruded inpur t ** corf*lu cou*i,*iiir',riit*e, tF,e trine hcndling fqcilitv wos not iubiect to additionol permitting' irle pfunt wq1s shed for lhe current level of pork developroent' 'lhot meons we will produce up to ,0ed00 g"ll"^i of a*nring wcler "nnu*lly' with o similor cmount of brine wcler. As our cunenl pork irnpro-#;[ p'ogresse6 during the spring of 2007' we noticedthottheevoporotionpondt**,*,.not-uigenoug}r[Photo#3}. We engoged the servlces of Schrnr.reser Gorden Meyer lo design on upgraded set of ovoporoflon ponJri'we planneo r"-tti.i[i1ru- iew ponds olong the ridseline' Ihls orec is cunently o storoge or*o t[ipJrf Lquiprnent" ond is locsted outsirle tlre public ccc*ss or*ir. 1,* ffiposeo;;;ilJlol"ront are shown in Pholo #4' qnd the propo,sed *rop"-rJtiun'pono design'h sr'iwn in lhe drowing on the next pcge' (JsBureauofReclamation-RiJleGapStatePark-RoPondExpansion BOCC - 06/2/2008 Page 3 Duringthedeslgnproces$,*?.*?n:YltedwitlriheHozordousMoleriqlsondWaste Monogernent piviion-ot tt',* Stote H;;[th D;po*ment lHttlwr"rot w.a cliqcovered thot the l-{eotth peporlmeni *o, ,"evsf.,*ting on*ou ol regulolory oul5ority' Thev ,determlned during the l(]ll of 2007 inri oli*vqporotion bo*'or wor-rld need 1o comply with HMY/MD require ments' The upplicr:ble stcrtuiory authorlty for th'ts requife*tlt-i', contoined within c'R'5' 30-20- 10? io -10,4. The *rr..iJ,r.u ,*gui*tio^rlt*Z icn 1007-2: Regulolions Pertaining to Solid Waste Sites onl fooiflties]Wrff,in'if",i, frs,"nework, Gorfietd Cr:unty willirsue the certificote of Designution for ou, **pooJ*u *rlporotlon ponds. Thot is the resson far sur cuffieni request II. BACKGROUND Designation Therearetwo(2)existingreverseosmosisevaporationpondslocatedwithinandserveRifleGap state park which *"i"'initrired in 2004 iith;t ti;e, it was th;;il of the Hazardous Materials and waste Manaseme"t D;;;, of the siaie Hearth Departmlri t'rrtryvuDl ll?t a certificate of Designation was noi'n""".rary for this tylJ orrr.iirty rntrre rari of)ooz, the HMWMD reevaluated it,s regulatory authority and it was deteimined that ih" "u'po"tion ponds^as-'proposed require a certificate ot oesignaiion tio. tne tocat go;;;.iiluoov*iin jurisdiction (Garfield countv)' As the Garfierd county Zoning Rellutlon contemprates evaporation pond_s as."Materiar Handling of Naturar Resources, *ithin th; ARRD zone oistrrct, in orderi;r fi; gocc to issue a certificate of Designation a speciar ur" p"rrit (supJ ;;iiirsrte issue.dln oraer for the faciritv to compry with existing zoning. compriance with zoning ii one of the ,"qrir"r"nts for approvar of a certificate of .s The governing statute for certificates of Designation can be found in c.R's' 30-20-102 though 30- (JS Bureau of Reclamation - Rifle Gap State Park - Ro Pond Expansion BOCC - 06/2/2008 Page 4 20-104.C.R.S. 30-20-104 0uilines the "Factors to be considered" for a certificate of Designation. These ,,Factors to be Considered" are outtined below and will be evaluated later in the Staff Report: (1) ln considering an application for a proposed solid wastes disposal site and facility, the governing body having jurisdiction shall take into account: (a) The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses ind values, and wind and climatic conditions; (b) The convenience and accessibility of the solid wastes disposal site and facility to potential users; (c) The ability of the applicant to comply with the health standards and operating procedures provided tor in this'part 1 and such rules and regulations as may be prescribed by the department; (d) Recommendations by local health departments' II!. SITE DESCRIPTION The proposed site where the evaporations ponds are located and where the new ponds are to be- installed is located north east of iitte Gap Reservoir nearthe visitor center and is situated on top of a small ridge overloofing the Reservoir. The total area of the site has been estimated to be approximat-ely 3.6 acres Jt tne total 770 acre parcel owned. by the US Bureau of Reclamation' The area where the ponds are located is not visible from the Rifle Gap Reservoir or any of the recreational amenities. ln addition, site access is limited to authorized personnel and is not open to the public. Please see the photos below of the subject site: Left: (looking southwest toward existing pond 2 and Rifle GaP Reservoir) Existing Ponds (JsBureauofReclamation-Ri/teGapStatePark-RoPondExpansion BOCC - 06/2/2008 Poge 5 Left: (looking northeast toward existing WTP Building and water tank) Site for proposed pond "A" (adjacent to.water holding tank and WTP Building) Left: (looking west from existing ponds) Site of ProPosed Ponds "B", ttC",ttD", andttE". (JS Bureau of Reclamation - Ri/te Gap State Park - Ro Pond Expansion BOCC - 06/2/2008 6 -_t"\ s Erap Pond Site Rl{'le Gap Reserycir i I nlx SH 325 t * *J r 0 \ + r * r; * Chy of Rifle mkL-]E' Effi r.:.- * EfeE.*trZ*I6 E"' Efl" .@w#.x{ t * llfirs r.ldhffis i ..irls Ml#rww i ea Msxbw @Mlg w5si.'(xl*@ IrN* s i:lm ry&r*rl*' E#ffiw*u '>1 I \' I\/ t L. 1 t-.lS Bureau of Redamation (SUP 3208) Rifle Gap Reservoir (Colo State Parks) EvaP Pond ExPansiott 0 958 1,S$0 3,800 Feet +N S w I: (JsBureauofReclamation_RiJteGapStatePark-RoPondExpansion BOCC - 06/2/2008 Page 7 Visilor Cenler Evap Pord Site SH 325 RI{le GaP Reserr'oir EB'l::q dD-i-xJU-M;&1d_E4t r:"" [.,1S Bureau of Reclamation {SUP 3208} nine eap Reseruoir {Colo State Parks} EvaP Pond ExPansion +N s55 1300 250 Feet }V Ir (JS Bureau of Reclamation - RiJte Gap State Park- Ro Pond Expansion BOCC - 06/2/2008 P 8 \ tr sao T N s\ ,lil,a' i; t, d:, ': !A(s h Nh\ G TQs\ R B6{ A. ki ia # 'Ss #*$ .i :2.. - .qt ii:l:1 z aXIx5 =zr-Et3 Proposed Site Plan (JS Bureau of Reclamation - Rifle Gap Stqte Park - RO Pond Expansion BOCC - 06/2/2008 Page 9 Visual of site in re lation to Rifle G ap Reservoir The subject property is zoned Agricurturar Residentiar Rurar Density (ARRD). The type of use requested fars undJr il"';;rid";ll6;;;r.ing "no rt,"Gririi"noring of Natural Resources" which is contemprated as a speciaruse in tne RRno =on" di"iri"t. As the use is within federally owned property, tn" *"Lquires a Certificate of Designation as well' The site of the evaporation ponds are. to be located on approximately 3.6 acres of a 770 acre property which i, ,r;;g;J [y Cotor.Oo S"t" parks' Neigtiborlng usls on those lands include rangeland grazing, i;i"S ,nO tirit"O i""ort"" extraction (natural gas drilling)' IV. ZONING & ADJACENT USES V. AUTHORITY & APPLICABILITY pursuant to section g.03.04 0f the Zoning Resorution, an apprication for a special Use Permit shall be approveo or oen]e-Jnv tne Board.oi county commissioners after hording a pubric hearing thereon in conformanl" *itn "u provisions of the Zoning Resolution' pursuant to c.R.s 30-20-102 through 30-20-104, a certiflcate of Designation sh.all be issued by the governing body witnluii.ol"ti*. nn""ppri*tion tor a certificaieof Des'ignation shail be approved or (JsBureauofReclamation_RiJteGapStatePark_RoPondExpansion BOCC - 06/2/2008 Page l0 deniedinconformancewiththeprovisionsaSoutlinedintheColoradoRevisedStatutes. VI. REVIEW AGENCY AND OTHER COMMENTS Commentshavebeenreceivedfromthefollowingagencies/communitygroupsandareintegrated tniougnout this memorandum as applicable' Rifle Fire Protection District:No Comments Received Exhibit H Exhibit G Exhibit I Exhibit J No Comments Received vt|.REvIEwCRITERIAFoRSPEGIALUSEPERMITS(SECTIoN5:03) pursuant to section 5.03, as risted under the Zone District Regurations,speciar.uses shall conform to all requirements lisied there under "nJ"ft"*here in thJ Zoning Resolution' as well as the following standards: 1. tJtitities adequate to provide water and sanitation seruice based on accepted engineering stanaiiJi ina aiprovea oilii Biard.gf founty Commissioners shatt either be in place or shall be construit"a in coiiunction with the proposed use' ff:Hffiation ponds are anticipated to be an unmanned facirity and the Applicant has stated that ..theevaporativepondfacilityitselfdoesnotrequireutilityservice,aSfaraswaterandsanitation services, to operate. There is a number of water and sanitary facirities currently located inside the state park boundary that the operator will have access to for personal use." Following a site visit to the facility and parr, it is Staffs opinion that water and sanitation services are not necessary for the proposed develoPment. 1. 2. 3. 4. 5. 6. CDPHE:ffiiE countv Road and B-ridqe Department: G7ield Countv Vesetation.Ma!asement: Gfrield Eounw Public Health Department: Garfield Countv Enqineer: 2.Streefimprovementsadequatetoaccommodatetrafficvolumegeneratedbythe proposed use and to provide safe, convenientaccess to the use shall either be in place or 'shail be constructed in coniunction with the proposed use' ff:Hffition states that,,the evaporative pond facirity currenfly has an access road that Park staff utirize to access the existing ponds ano in-e water treatment print.-tmprovements to this road are part of the new pono constr-uction.,,rne access road which leads from the visitor center up to the watertreatment prant and evaporafion ponos is!raveteo and onry open to authorized personnel' As such, it is Staffs opinion that the prir.rv ""Jess to the facirity is adequate for the proposed development LIS Bureau of Reclamation - Rtfle Gap State Park - RO Pond Expansion BOCC - 06/2/2008 Page ll The Road and Bridge Department had the following comments: ,,Gar1eld County Road & Bridge Department has no comment on this application as it does not directly affect our -Couniy road system. All roads and accesses to this property are owned bY CDOT." To this end, it is Staffs opinion that the roads are adequate to serve the site and that minimal impacts are expected to the Garfield County road network as a result of this project. This standard is met. g. Design of the proposed use is organized to minimize impact on and from adiacent uses of land hroughinsiatlation of screen fences or landscape materials on the periphery of the tot and by localion of intensively utitized areas, access points, lighting and signs in such a manner as to protecf esfablrshed neighborhood character. Response rnebroperty is located in a secluded portion of Rifle Gap State Parkwhich is practically screened by adjaceni steep topography. The site cannot be seen from SH 325 or the public portion of the State park. The site is sitriateo in a remote private location on the property that it is at the top of a small ridge which practically screens the site from public view. No screening is necessary as it is already sc[ened by topografhy. While no lighting is proposed, any future lighting shall be directed inward and downward. The exiiting watertreatm6nt plant building and watertank are painted beige in order to better blend in with the s-urrounding environment. The new ponds will be at ground level. Section 5.03.07 llndustrial Operationsl pursuant to Section 5.03.07 of the Zoning Resolution, a permit for lndustrial 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 tawfut use of water through depletion or poltution of sufiace run'off, stream flow or ground water. Response The Applicant has represented the following (JS Bureau of Reclamation - Rifle Gap state Park - Ro Pond Expansion BOCC - 06/2/2008 P 12 Tlre evaporative pond farility ls to beat rejected water hom the existinE Rifle Gap State Park reverse osmosis nrater t;eatment facitity.' The rrater is rollected fronr three soutce wells' water rights foi these wells are inctuded at the end of tlriE document. Tl"re treatment facilitY proclucrs a nrine wiitewater that will be evaporated within the proposed ponds' The ponds are designed to pr*rent groundwater impacts. The -site is designed to eliminate storm water run on and run off. This minirnizes the possibitity of storm water mrrying the brine water to unwante.d lorations. parkk legal auftority to utilize the water is sunrrnarlzed in the attarhed rnemo frcm the colorado *ttorney Genem!'s office. colorado State Parks has filed an "Applicatioll for lyater g.lghts {-;tid-;*.f1.; *fritf.r is iwaiting the judge s signatute-- This-State Park is currently opemting under an approved substitute water Su;iply Plan (swsP) pursuant to C.R.S. 37-92-30g(4) for Rifle Gap State Park in Ure Coloraclo River basirr (attached). Further, in a letter from Jennifer Mele , Assistant Attorney General, Natural Resources and Environment Section, Siate of Colorado Department of Law, dated April 2, 2008 she states: The application far a change in r*'ater rights aad plan for augureatation for thr *'ater rights used to o*lerate RiIle Gap Statr Park i* "roroitl-r- peudr:rg trefore the rratetcourt il Wates Dilisiot 5' Casr No- 02C&r1i0- The applicatio* s"*krlo deciee a chaage in certain d;tch rigbts to tre used as aug*entatioa for the tlrree nel1s from u'hich Park* rvill divert u,'ater to operate tLe State Park facilities, RiIle Gap \$allNos- 1-]' tra order to:l}ar-ntain operatioAs at Rifle Gap State Park- Parks has subrritted yearly applicatiols for a substituo iu*t*.r-s.rpp\.Plan (S6SP) pursun,'t to g -3?-9)-308(4) C'R S" to the office of the State Engineer- Parks 1as bren aperating turder these 1'ead1'plans rvhich requrl replac'emelt of out of pricrity depletions in the same fashion as the ptnding $iater court application' horveter it is my.*a*umraiog that d11e ro hEarl backlog at thgSta1g Elgtneer's Office, that OIfice ha* ueitlrer appror.ed or denied the annual SWSP fequests fror:r state Parks- Oncr the decr6 has been dgned try thr lTatrr cgurt it rr,ill confirm Parkx' *'ater nglrts far Rrfie Gap \\,ell }tros- l-J aud order that pennits be i.ssued by* thr state Engineer for tlrose u'ells' as rvell as dec*e the plaa for augprentatioa so as to allorr :ht'out of prioriq' depletions from the llells for operatiou of thE Statr Park- To this end, it is staffs opinion that provided the letter from Jennifer Mele, as excerpted above, r"g;r *"t", exists for yre'operation of the ponds as extracted from Rifle Gap Well Nos' 1-3' (B) lmpacts on adiacent tand from the generation of vapor, dust, smoke' noise' glare or vibration, or other emanations. Response As the expanded facility is to evaporate water in order to isolate the brine (salt) resulting from the reverse osmosis treatment system, thavapor resulting from the evaporation is anticipated to only contain water. As such, vapor is not expected to bJ an_issue from this evaporation facility (in contrast to hyd rocarbon contaminated water evaporation facilities)' (JsBureauofReclamation-Ri/teGapStatePark-RoPondExpansion BOCC - 06/2/2008 Page lj Since the facirity is not visibre to the generar pubric, grare is not expected to be. an issue' Further, as the facility expansion does not contain any pumps, compressors' or other electric equipment' no noise emanations are exPected' TheApplicanthassubmittedadustsuppressionplanwhichappearStobeadequatefortheminimal level of traffic accessing the site' (c) lmpacts on wildtife and domestic animals through the creation of hazardous attractions, alteration of existing ,iiin" vegetation, blockade of migration routes' use patterns or other disruPtions' Response The Applicant has represented the following: Tlreareafortheproposedpondsisturrentlyuryd.bytheParkasa..BoneYard.,areaforstoring park retated *udriiu-.--tl",-* ground i;';;;L',tly;Liurbed with very little vegetatiorr' None of the constituents in the por:ds are elassifllJ Uy C'npHf as a Hazardous material and drete will not be hazardous attrartions for wildlife' Foilowing a site visit, no significant impactto wirdrife is expected. As mentioned previously, the pond water is to consist of sart (brine) water. As sart water is not an attractant to wildlife and is not hazardous to animars, it is Staffs opinion that the ponds do not represent a hazardous attraction' As stated by the Appricant, the area where the ponds are to be rocated is arready significantly altered. As such, Staff does not foresee a significant impact relating to the alteration of existing vegetation o', cr"ating a blockade of migration routes, use patterns or other disruptions' (D) Affirmativety show the impacts of truck and automobite traffic to and from such uses '"ia tn.i, impacts to areas in the County' ff:ffiffition states that,,the evaporative pond facitity currently has an access road that Park staff utilize to access the existing ponds and the water treatment plint' lmprovements to this road are part of the new pono "onrtr-uction.,, rne actess road which reads from the visitor center up to the watertreatment prant and evaporafion p-onos ii gravered.and onry open to authorized personnel' As such, it is staffs opinion that the pr',h1w-""fess to the facility is adequate for the proposed develoPment. TheRoadandBridgeDepartmenthadthefollowingcomments: "Garfield county Road & Bridge Department has no comment on this application as it does not Oiredtfy affect ortbornty road system' AII roads and accesses to this proPertY are owned bY CDOT'" To this end, it is staff's opinion that the roads are adequate to serve the site and that minimal impacts are expecteA io ine Garfield County road network as a result of this project' (JS Bureau of Reclamation - Ri/le Gap State Park - Ro Pond Expansion BOCC - 06/2/2008 Page 14 (E) That sufficient distances sfiall s eparatesuch use from abutting property which might 'oiherwise be damaged by operations of the proposed use(s). Response The operations at the facility will not involve any abutting property. The proposed facility will not encroach upon existing setbacks or reduce current separation distances to abutting properties' staff agrees that the existing facility is located well within required setbacks and is sufficiently separated from adjacent properties in all directions' (F) Mitigation measures proposed for all of the foregoing impacts identified and for the iianaaras'identified in Sec{ion 5.03.08 of this Resolution special lJse Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A ptan for site rehabilitation must be approved hy the county commissioners before a 'pirmitfir conditional or special use will be issued; Response The Applicant has submitted a plan for rehabilitating the areas disturbed by the construction of the ponds.ThisplanhasbeenreviewedbytheGarfieldCountyVegetationManagementDepartment and the pran has been determined to be adequate. rn addition, steve Anthony with the Garfield countyVegetationManagementDepartmenthadthefollowingcomments(SeeExhibitl): Noxious Weeds Theapplicantneedstoprovideanoxiousweedinventory,map,andweed manageme"ipi* for ail Garheld county listed noxious weeds and any State List A or B sPecies. Theweedmanagementplanneedstocontainacommitmenttotimelytreatmentof countY listed noxious weeds' staff recommends that as a condition of approvarwithin the speciar Use permit and certificate of Designation that the applicant submit a noxious weed inventory, map and weed management plan for a[ Garfierd county fisted noxious weeds and any state List A or B species. rn addition, this plan shall contain a commitment to timely treatment of all county listed noxious weeds' (B) The county cOmmissjoners may require security before a permit for special or conditional use is rssue4 if requtired. The appticant shalt furnish evidence of a bank commitment of credit, bond, certified check or'other security deemed acceptable by the (JS Bureau of Reclamatton - RiJle Gap state Park - Ro Pond Expansion BOCC - 06/2/2008 15 county commissioners in the amount calculated by the county commissioners to secure the execution of the site rehabilitatioi ptin in workmanlike manner and in accordance with the specifications and construction'schedule estabtished or approved by the County Commissioners. Such commitments, bonds or check shatt be payabte to and held by the County Commissioners; Response ln the past, the Board has required, as a condition of approvalthat "A sufficient monetary security, determined by the Board of county commissioners, to ensure rehabilitation of the site once operation has ceased shatt be provided by the Applicant'" The Applicant has represented the following regarding rehabilitation plans and security: These are considered permanent faciltties within this state Park. site testoration as part of tlre constru.tion *o,i'*itt r* required per tlre conshuctiott documents' Since the site is owned by Hre gureau oi n*.tu*ution ieOn) the.seed mix and application methods are specitied by the Bureau. If, at sonre point in tlre distant fufure if it is determined to rorrpletely rlose this site, rnre have a cornpletely developed "post closure plan" that addresses site restoration - The Colorado State Farks lrave applied for tlrese waivers with the State The Applicant has submitted a contract for construction which has been developed by the Bureau of Reclamation and the colorado state parks. This contract necessitates the rehabilitation of the disturbed ground and provides for the financiar measures to pay for the rehabilitation. lt is Staffs opinion that this required contract for construction adequately "secures" the rehabilitation of the site following construction of the new evaporation ponds' pursuant to section 5.O3,Og of the Zoning Resolution, all lndustrial operations in the county shall comply with applicable County, State, Jnd Federal regulations regulating water, air and noise pollution and shall not be conducted in " ,.nner c6nstituting a public nuisance or hazard' Operations shall be conducted in such " ,"nn"r as to minimize hLat, 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 shalt compty with the standards setforth in the Colorado ifevisea Sfafufes atthe time any new application is made. tJS Bureau of Reclamation - Ri/te Gap State Park- Ro Pond Expansion BOCC - 06/2/2008 Page 16 (2)Vibrationgenerated:everyuseshallbesooperatedthatthegroundvibration inherengy and recurrenily generatea ii not perceptibrei-without instruments, at any point of any houidary tine of the'pioperty on which the use is located. (3) Emissions of smoke'ani particulate matter: every use shall be operated so as fo compty with all feieiat,sfate an} County air quality tawi, regulations and standards' (4) Emission oi i"it, glare, radiation-and iumes: every uie shall b-e so operated that it does not emit heat, glare, radiation or fumes which subsiantially in1n,rtere with the existing use of adjoining property or which conistitutes a pubtic nuisance or hazard' Flaring of gases' aircraft warning signals, reflective paintting of storage tanks, or other such operations which may be required by law as safety or atir pitlution control measures shall be exempted from this provision.(5) Sforage area, salvage yard, sanitary landfilt and mineral waste dl'sposal areas: (A) Storage of flammable or explo.srve solr'ds or gases shalt be in.accordance with accepted stindards and laws and shalt comply wi{n me national, sfafe and local fire codes and written recommendations / commenb from the appropriate local protection districtregardingcompliancewiththeappropriatecodes;(B) At the diicretion of the County coimiissioners, atl outdoor storage facilities may he required to be encrcsJiy i"r"", landscaping or wall adequate to conceal suin facitities from adiacent property; (C) No materiats or wastei s'hatl'be deposi(e d 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) Sforage of Heavy Equipmentwitt onty be allowed subiectto (A) and (c) above and the fotlowing standards: l. 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. Ail equipment storage witt be inclosed in an area with screening at teast'eight (8) feetTn height and obscured from view at the same elevation or lower. screening may include berming, landscaping, sight obscuring fencing or a combinaiion of any of these methods. 4. iry ,"p"'i, ana iiintenance activity requiring the use of equipmentthai. will generate noise, odors or glare-beyind tie property boundaries will be conducted within a buildig or oitdoors during the hours of 8 a'm' to 6 P.m., Mon.'Fri. S. Loading and unloading of vehicles shalt be conducted on private prop"iy and may not ie conducted on any public right-of-way. (E) Any storage area for uses nof assoc iated with natural resources shall not exceed ten (10) acres in size' (F) Any tighting of storage area sha!! be-pointed downward and inward to the property i"ni"r rid "hrdrdio prevent direct reflection on adiacent property' (6) Water pollution: in a case in which potentiat hazards exist, it shall be necessary to install safeguards designedto "rrp'iyiith the Regulations of the Environmental Protection (JsBureauofReclamation_RifleGapStatePark_RoPondExpansion BOCC - 06/2/2008 Page 17 Agencybeforeoperationofthefacititiesmaybegin.A-ltpercolationfesfsorgroundwater resource fesrs as may be required ;;i1";;i ir Etx" Hearth officers must be met before operation of the facitities may begin' ffidapprovetherequestfortheevaporationpondexpanSion,Staffsuggeststhe industriar performanle standards u" .onrro"i"J "onoifion= of approvar as appropriate since they are specificaily intended to "n=ur" that any inJustriat use such ". tn" proposed water treatment facility function in accordance with the proper oeiimanagement practices and within the parameters of the State Statutes. Section 9.03.05lPeriodic Review of SUPI Pursuanttosectiong.o3.o5oftheZoningResolution Special Use Permit. AnySpecialllsePermitsmaybemldesubjecttoaperiodicreviewnotlessthaneverysix(6) months if required by the County Commiisioners' The purpo'se of such review shall be to determine compriance or noncomptiaiii wnn any pefiorman'ce requirem?lb associatedwith the granting of thespecrar use pe.ryil. The couity commissioneis shart indicatethatsuch a review is requirediia "n"ttesfabtish the time periods at the time of issuance of a Special lJse Permit. Such review shalt be cotnducted in such manner and by such persons as fhe county commissioners deem "pprffi-te- io make .the review effective and meaningful' llpon the comptetion of each reviei ti" Commiss-ioners may determine that the permit operations are in ciiptiance and-con'tinie the permit, or determine the operations are not in compliance and eiiher suspend me piriit or require the permittee to brin.g the operation into compriance by a iertain specitiea-Jii". sr"ri periodic review shart be ,mited to those performanr" r"quii"ients'and conaiiiis impoied atthetime of the originat issuance of the Comprehensive Plan of 2000 Staff has identified the foilowing goars and objectives.found within various sections of the C*pr"n"nsive Plan of 2OOO wn'rin aOOress the proposed development' Tourism is an integral component of the economy of Garfietd county' Therefore' it is essentiar that the ptanningprocess iiiiiini natirat environment that brings residents and visitors to the CountY; Gafiield County should provide adequate n'.':'!?!-"i.lPPortulilies for.County residents' ensureaccess to pubtic lands consEtenf with BLM\|SFb polrcfes and preserve existing recreationatopportunitiesandimpoftantvisualcorridors. Encourage the .ocation of active recreationat opportunities that are accessible to county residenfs. us Bureau of Reclamation - RiJte Gap state Park - Ro Pond Expansion BOCC - 06/2/2008 t8 It is staff's opinion that the proposed development is.consistent with the goals' policies and onj""iir"t found within the Garfield County Comprehensive Plan of 2000 Cefificate of Desiqnation As the Garfield county Zoning Resolution contemplates evaporation pond-s as."Material Handling of Naturar Resources" within the ARRD zone oistrict, in order for the gocc to issue a certificate of Designation a special Use permit (sup, must tirst ne issued in order for the facility to comply with existing zoning. Compliance with zoninj it """ "t th-ereq.uirements for approval of a Certificate of Designation. The ggvl.ining rtatute for dertificates of Designation can be found in c'R'S' 30-20-102 though 30-20-104. c.R.s.io-zo-1o|ouflines the "Factors to be considered" for a certificate of Designation. These ,,Factors to be considered" and staff s responses to them are outlined below: (1) ln considering an application for-a proposed sgtid wasfes dr'sposal site and facility' the governing body hiving iurisdiction shatt take into account: (a) The effect that the sotid urasfes disposal site and facility will have on the surroun-ding properly, taking into coisideration the types of processing to be use4 surrounding prop"iy-r""" and values, and wind and climatic conditions; The property is located in a secluded portion of Rifle Gap State-Park which is practically screened by adjacent steep topograpny. The site cannot be seen from SH 325 orthe public portion of the dtate park. The sile is sjtuated in a remote private location on the property such that it is at the top or, rr.ttiiJg; wnicrr practically screens the site from public view' Hence, no screening is necess.w "=-it is already screened by topography' While no lighting is proposed, any future lighting shall oe directed inward and downward. The existing water treatment plant building and *"t"ii"nr are painted beige in order to better blend in with the surrounding environmlnt. The new ponds will be at ground level' Further, as the expanded facility is to evaporate water in order to isolate the brine (salt) resulting from the reverse osmosis treatment system, the vapor .resulting from the evaporation is anticipateA to oniy contain water. As such, vapor is not expected to be an issue from this evaporation t""ifity (in contrast to hydrocarbon contaminated water evaPoration facilities). since the facility is not visible to the general public, glare is not expected to be an issue' Further, as the facility expansion doeJnot coniain any pumps, compressors' or other electric equipment, no noise emanations are expected' The Applicant has submitted a dust suppression plan which appears to be adequate for the minimai level of traffic accessing the site' US Bureau of Reclamation - RiJte Gap State Park- RO Pond Expansion BOCC - 06/2/2008 Page l9 (b) The convenience and accessibility of the solid tarasfes dr.sposal s ite and facility to potential users,' The application states that "the evaporative pond facility currently has an access road that park staff utilize to access the existing ponds and the water treatment plant' lmprovements to this road are part of the new pondlonstruction." The access road which leads from the visitor center up to the water treatment plant and evaporation ponds is graveled and only open to authorized personnel. As such, it is Staffs opinion that the primary access to the facility is adequate for the proposed development' (c) The abitity of the applicant to comply with the heatth standards and operating proceduis provided for in this part i and such rules and regulations as may be prescribed bY the dePartment; It is Staff,s opinion that the requirements established in this Part 1 (and within the Special Use Permit) are within the capabilities of the Applicant' (d) Recommendations by local health departments' The Garfield County Public Health Department had not comments regarding this application (See Exhibit J). VIII. RECOMMENDED FINDINGS FOR BOTH THE SPECIAL USE PERMIT AND CERTIFICATE OF DESIGNATION 1. proper posting and public notice was provided as required for the meeting before the Board of County'Comriissioners for the Special Use Permit and the Certificate of Designation' 2. The meeting before the Board of County Commissioners was extensive and complete' that all pertinent faIts, 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 and Certificate of Designation has been determined to be in thb 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 for a Special Use (Sections 5:03, 5:03:07, 5:03'08 anO O:OS; within the Garfield County Zoning Resolution of 1978, as amended, is in compliance- with the Garfield County Comprehensive Pl-an of 2000, and the requirements of the Certificate of Designation (C.R.S. Sections 30-20-1 02 through 30-20-1 04)' IX. STAFF RECOMMENDATION As a process of order, the Board of County Commissioners should first make a determination of approvat or denial regarding the Special Uie Permit. lf it is found that the Special Use Permit is in comptiance with alla[pticao-te regulations as established within the Zoning Resolution of 1978, the goaia of County Commissionerl should then make a determination regarding the Certificate of US Bureau of Reclamation - RiJle Gap State Park - RO Pond Expansion BOCC - 06/2/2008 Page 20 Designation. Staff recommends that any conditions which are apart of the Special Use Permit be carried over to the Certificate of Designation in order to maintain consistency. Due to 1) the limited nature of potential impacts to surrounding properties, 2) the remote location of the site such that it is not visible from any public vantage point, and 3) the proposed expansion is to an existing water treatment and evaporation facility, Staff recommends the Board approve the request for a Special Use Permit and Certificate of Designation for "Processing and Material Handling of Natural Resources" for the addition of five (5) new evaporation ponds within Rifle Gap State Park to treat potable water used within the Park with the following conditions: l. 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. Z. The Applicant shall comply with all standards as set forth in 55.03.08 "lndustrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a. 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. b. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 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. 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. 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. 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. 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. c. d o f g (JsBureauofReclamation_RiJleGapStatePark-RoPondExpansion BOCC - 06/2/2008 Page 2l h. Any repair and maintenance activity requiring the use.of equipmentthatwill,generate noise, odors ;; g1.-,"" beyond the'property -boundaries will be conducted within a building ot, oriOo"ort during the hours of 8 a'm' to 6 p'm" Mon'-Fri' i. Loading and unloading of vehicles shall be conducted on private property and may not be Londucted on any public right-of-way' j. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. k. Any lighting of storage area shall be pointed downward and inward to the property center and shaded t6 prevent direct reflection on adjacent property' water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards OesigneJlo-compty *itn tft" Regulations- of the Environmental Protection Agency before operation of the iacilities *"y d"gin. All percolation tests or ground water resource tests as ].*v u" ,"quired by tocat'or s-tate Health officers must be met before operation of the facilities may begin' That all necessary Garfield county building and grading permits are obtained prior to construction. The applicant shall submit a noxious weed inventory, map and weed management plan for all Garfield County listed noxious weeds and any State t-istn or B species' ln addition' this plan shall contain a commitment to timelytreatrnent of all county listed noxious weeds' This inventory, map and weed management pl"n shall be. reviewed and approved by the Garfield county Vegetation Management Department prior to issuance of the special Use Permit or Certificate of Designation' X. REGOMMENDED MOTIONS 1) ,,1 move to approve a Special Use permit for an expansion of the evaporation pond facility located within the Rifle Gap state park for the Bureau of Reclamation with the conditions provided by staff'" 2) ,,1 move to approve a certificate of Designation for an-expansion of the evaporation pond facility located within tne nine cap sa" park foitne Bureau of Reclamation with the conditions provided by Staff." J 4 5. GARFIELD COLINTY Building & Planning DePartment Review AgencY Form Date Sent: May 5, 2008 Comments Due: MaY 2712008 Name of application: U. S' Bureau of Reclamation Sent to Garfield County requests your comment in review of this project. Please notiryJh' Ptanning Department in the event you are unable to respond by the deadline' This form may be irr"a fot your response, or you may attach your own additional sheets as n"..r.ury. Writtln comments may be mailed, e-mailed, or faxed to: Garfreld County Building & Planning Staffs contact: David Pesnichak 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-3 84-3470 Phone: 970-945-8212 General Comments: EXHIBlT G Name of review agency:eld Countv Road and dse Deot Mav 7.2008By: Revised 3130100 STATE OF C EXHIBlT It tl Dedicated lo protecting qnd improving lhe health qnd environment ofthe people ofColorado Bill Ritter, Jr., Govemor James B. Martin, Executive Director Grand Junction Regional Office 2225.66.St. Rm232 Grand Junction CO 81501-2768 Fax (970) 248'7198 http : //www. c dp he. s t ate. c o. us RECEXVED APR 2 I 2008 GARFIELD COUNTY L]UiLDiNG & PLANNING Colorado Department of Public Health and Environment April28, 2008 Mr. Mike Havens Colorado State Parks P.O. Box 700 Clifton, CO 81520 Re: certificateofDesignationApplication-completenessReview Rifle Gap WTP RO Brine Water Garfield CountY Dear Mr. Havens: The Hazardous Materials and waste Management Division (Division) of the colorado Department of Public Health and Environment received an appliition (the Application) for Certificate of Designation (CDl f9r - surface disposal of reverse osmosis brini water from the water treatment plan at the Rifle Gap State Park' - The appii.ution, proposing alateralexpansion of existing impoundments (noi currently under a CD) was received March Zt,ZOOB. The"proposea facitity is located on property currently utilized by the Rifle Gap State Park water treatment plant (wir;iu.t northeast of Rifle G-up R"r"*oir off of Highway 325 in Garfield county' The proposal is to increar" ih" nu*ber of brine evaporation impoundments at the facility that are intended for storage, treatment and/or disposal of waste brine water from thi WTP operation' The Application was referred to the-Division by Garf,reld iounty via email (forwarded from you) dated April 3,2008' The Application was reviewed to determine its compliance with the requirements set forth in the Solid Waste Disposal Sites and Facilities Act, Title 30, Article z},Part I of the Colorado Revised Statutes, as amended and with the regulati6ns promulgated there under 6 CCR 1007-2 (Regulations). In accordance with the solid waste statute C.R.S., 30-20-103 (2j a "completeness review" of the application is-required. The Division has conducted the completeneis-review or*,. epptication. with tir; receipt of the Executive Summary from the Hydrogeologic Evaluation (CTL Thompson, iOOAl, in the judgment of the Division, the Application is "o*ptJt.. Tlerefore, the Division is prepared to begin the comprehensive technical evaluation of the Application. Ho*"r"., a delay in the submittal of lhe entire hydrogeologic evaluation may temporarily stop our review because of the critical nature of this information to the overall technical assessment of the Application. For your information and use in achieving timely review/approval of this Application from all appropriate parties, please note that 30-20-104 of the Solid Waste Act states: (3)(a) prior to the issuance of a certificate of designation, the governing body having jurisdiction shall require tt ui jfr" report, which shall be submitted by the afplicant under section 30-20-103, be reviewed and a recommendation as to approval or disapproval be made by the department and shall be satisfied that the Mr. Mike Havens, Colorado State Parks Certificate of Designation Application-Completeness Review April28,2008 Page2 proposed solid wastes disposal site and facility conforms to the local government's comprehensive land use plan and zoning restrictions, if any. Any technical conditions of approval made by the department in its final report shall be incorporated as requirements in the certificate of designation. The application, report of the department, comprehensive land use plan, relevant zoning ordinances, and other pertinent information shall be presented to the governing body having jurisdiction at a public hearing to be held after notice. Such notice shall contain the time and place of the hearing, shall state that the matter to be considered is the applicant's proposal for a solid wastes disposal site and facility, shallprovide a description of such proposed site and facility, and shall provide a description of the geographic areathat is within three miles of such proposed site and facility. The notice shall be published in a newspaper having general circulation in the county or municipality in which the proposed solid wastes disposal site and facility is located at least ten but no more than thirty days prior to the date of the hearing. In addition, the notice of such public hearing shall be posted at a conspicuous point in at least one location at the offices of the governing body having jurisdiction and in at least one location at the proposed site. Such notice shall be posted for a period beginning at least thirfy days before tire public irearing and continuing tirougit the date of such hearing. (b) At the public hearing held pursuant to the provisions of this subsection (3), the governing body shall hear any written or oral testimony presented by governmental entities and residents concerning such proposed site or facility. All such testimony shall be considered by the governing body having jurisdiction in making a decision concerning such application. For the purposes of this subsection (3), "residents" means all individuals who reside within the geographic area controlled by the governing body having jurisdiction or within three miles of the proposed site and facility or who own propefty which lies within three miles of such proposed site and facility without regard to which county or municipality such individuals reside within." During the technical evaluation of the Application, the Division will initiate a 30-day written public comment period following public notice. A formal recommendation as to approval (or disapproval) of the Application per the solid waste regulations will not be made until we have reviewed any public comments that may be received. Please note that it is not the intent or purpose of a "completeness review" to imply anything concerning the final approval of a proposal. Also, the Division may request additional information in order to clariff aspects of the proposal before completing the technical evaluation. In closing, the Division is authorized to bill for its review of technical submittals, pursuant to C.R.S. 30-20- 109 (2) (b). An invoice for the Division's review of the Application will be transmitted to you under separate cover. Please contact me at970-248-7151if you have questions regarding this correspondence. Siiicereiy, T) -\V^dbrJ ),{ff""* Robert J. Peterson, Environmental Protection Specialist Solid Waste and Material Management Unit Solid and Hazardous Waste Program cc: Schmueser Gordon Meyer, Inc. Garfield County Commissioners SW GAR GAP 2. I GJ file MEMORANDTJM To: David Pesnichak From: Steve Anthony Re: Comments on the Rifle Gap SIIP Date: May 23,2008 Thanks for the opportunity to review the preliminary plan. My comments are as follows: Noxious Weeds The applicant needs to provide a noxious weed inventory, ilop, and weed management plan for all Garfield County listed noxious weeds and any State List A or B species. The weed management plan needs to contain a commituent to timely treatment of county listed noxious weeds. Page I of 1 David Pesnichak From: Sent: To: Steve Anthony Friday, May 23,2008 9:26 AM David Pesnichak Subject: RE: Rifle Gap State Park - Reclamation Bond/Docs Dave, after about lunchtime, l'll be gone until June 9 so a few things for you regarding this one.. ' ' We only ask for security if the surface disturbance is greater than /. acre. We haven't included the area of the ponds in this figure, Since I assume the ponds will be ponds forever. lf it comes to pass that we do need to require securitythen that magic number has been $2500/acre' Their reveg plan is accePtable. From: David Pesnichak Sent: Friday, MaY 23, 2008 9:18 AM To: Havens, Mike Cc: Steve Anthony Subject: Rifle Gap State Park - Reclamation Bond/Docs Dave David Pesnichak Senior Planner - Long-Range Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email : dpeqnjehak@g?di€ld:Qqunty-com u A Algadigld-coung,com HiMike, Following some discussions this morning with our legal staff and our vegetation management staff, it appears that tne courity does havgiuthority to requiL reclamation and rehabilitation plans and financial security associated *iin tn" p6nd expansions. ln tne upoiteo documents you provided to me on April 17, you cite a reclamation plan *ni"n *i. requiied by the BOR. Does this plan anticifate reseeding/reclamation of the disturbed areas associated with construction? Also, has the BOR required financiallecuri$ for the re-clamation of the disturbed areas? lf the BOR nas-requireo a reclamation plan of tnis type and financiil security for ensuring that the site is reclaimed (as this is anticipated to be a permanent in the park, we are only looking for security to i"r"g"trt")r"claim the areas disturbed 6y construction), then we can legitimately state that this aspect has been takei care of. ln order to do this, however, I will need a copy of the reclimation documents and the security documents. Thanks, st2312008 Page 1 of1 David Pesnichak From: Jim Rada Sent: Friday, May 23, 2008 3:03 PM To: David Pesnichak Subject: Rifle Gap State Park SUP Attachments : J i m Rada (jrada@garfi eld-cou nty. com).vcf Dave, I have no comments on this project. Very thorough report. J;, (rJ", KLHS Environmental Health Manager Garfield County Public Health 195 W 14h Street Rifle, CO 81650 Phone 970-625-5200 x81 13 Cell 970-319-1579 Fax 970-62$8304 Email irada@garfi eld-county.com Web t,{\Mfl.garfield-cgunty.com 5D312008