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HomeMy WebLinkAbout7.0 PermituIll•i k11 Reception#: 849875 06104/2014 11.06.28 AM Jean Rlberico 1 of 5 Rec Fee -$0 00 Doc Fee:0.00 GPRFIELD COUNTY CO LAND USE CHANGE PERMIT for A Parcel of Land Owned by IRMWII LLC, located approximately 1 mile east of the Town of Carbondale, at 1058 County Road 100, in Sections 35 and 36, Township 7 South, Range 88 West and Sections 1 and 2, Township 8 South, Range 88 West, of the 61h P.M. and Legally Described in a Warranty Deed found at Reception Number 819166 in the records of the Garfield County Clerk and Recorder. (Assessor's Parcel No. 2393-363-00-063) In accordance with and pursuant to provisions of the Garfield County Unified Land Use Resolution of 2008, as in effect at the time of the Application, and Resolution No. 2013- 06 of the Board of County Commissioners of Garfield County, State of Colorado, the following activity is hereby authorized by Land Use Change Permit: Solid Waste Transfer Facility and a Recycling Processing Facility (LIPA —7280) This Land Use Change Permit — Limited Impact Review is issued subject to the conditions contained in Resolution No. 2013-06 and set forth in Exhibit "A" and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Unified Land Use Resolution of 2008 as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. 6-14, n" GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, GARFIELD CO TY, COLORADO Date erk of the Board ■III 10./ 'hil I. G40,tIrANItAVIWP41. F MI 144 1101 1 Reception4: 849875 06;0.712014 11:06:28 PM Jean Plberico 2 of 5 R?c Fee $D 00 Doc cee:0 00 GPREIELD COUNTY CO Exhibit A (page 1 of 4) 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The operation of this facility and any future amendments shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility including, but not limited to, permitting and review by the Colorado Department of Public Health and Environment ("CDPHE"). 3. The Applicant shall maintain compliance with the provisions of the Unified Land Use Resolution of 2008 including but not limited to 7-810, Standards for Industrial Uses including the screening of outdoor storage or demonstration of effective screening through topography and berms. 4. Prior to operation of the facility, the Applicant shall provide a weed inventory of the site and a weed management plan. The plan shall be reviewed and approved by the County's Vegetation Manager. 5. Heavy truck haul routes shall be limited to County Road 100, east of the facility, and access directly to Highway 82 in accordance with the County Road and Bridge referral comments. a. In order to mitigate the health, safety and welfare impacts posed by heavy trucks on the Catherine's Store County Road 100 Bridge, Applicant shall contribute 35% of $504,680 towards the realignment of the Bridge. This amount represents Applicant's proportional share of increased impact generated by Applicant's use in light of the Preliminary Engineer's Opinion of Probable Costs for widening the Bridge. Should the actual total project costs be less than $504,680, Applicant's contribution shall be 35% of the actual costs. This amount shall be paid at the time the County begins construction of improvements to the Bridge. b. Improvements at the existing access shall be required in accordance with the County Road and Bridge review reflected in their 8/30/12 referral comments including turning and acceleration lanes. c. An updated access permit from Road and Bridge shall be required and the final access plan shall be subject to RFTA approval regarding trail improvements and safety. Access approvals shall be finalized prior to issuance of the Land Use Change Permit. d. The Applicant shall be limited to a maximum of 5 heavy truck round trips per day, averaged on a weekly basis, until the Catherine Store Bridge is repaired or replaced. 1111 '!!! Ii ii r Vrf1111'.I 10',5111}M,1111,ii k,1,i,i Ill II I Reception#; 849875 06104,2014 11,06,28 AM Jean Rlberico 3 of 5 Rec Fee -$0 00 Doc Fee -0 00 GPRFIFI_❑ COIJN'Y GO Exhibit A (page 2 of 4) 6. The Applicant's Facility will only be open to MRI and MRI's subcontractors, and shall not be open to the public. 7 Prior to operation of the facility the Applicant shall provide documentation of compliance with all CDPHE Air Quality and Water Quality Regulations including Storm Water Management, Industrial Stormwater Discharge Permits, and Air Pollutant Emissions Notices (APEN) as may be required. Compliance shall include proper spill prevention and protection for all storage including waste water storage and fuel storage. 8. The Individual Sewage Disposal Systems shall be evaluated by the Garfield County Building and Planning Department and any upgrades or improvements required shall be installed prior to operation of the facility. 9. Prior to operation of the facility the Applicant's Fire Protection Plan shall be reviewed and approved by the Carbondale Fire Protection District and the Garfield County Building Department. In addition, engineered plans for the installation of the fire protection tanks on the upper slope/bench shall be provided for review and approval by the county including outside consulting engineers as necessary. The main operations building shall be equipped with a fire suppression sprinkling system as required by the Building Code and subject to approval by the Garfield County Building Department and Carbondale Fire Protection District. Plans shall provide adequate water storage for operation of the system including minimum water levels to be maintained and monitored in the fire suppression storage tanks at all times. 10. Ali improvements or modifications to existing buildings on the site shall be subject to obtaining all required Building Permits and compliance with all building code requirements. The Building permit review shall include additional engineering evaluation of the potential for building protection from rock fall and hyper - concentrated debris mud flows. All grading activity on the site shall require grading permits and revegetation in accordance with County Regulations. 11. Prior to the issuance of the Land Use Change Permit, the Applicant shall demonstrate that all utility relocations have been approved by Holy Cross Electric and any easements required for said relocations have been shall established and properly recorded. 12: Within 30 days of adoption of a Resolution of Approval and in any case prior to the issuance of the Land Use Change Permit the Applicant shall remove all non- compliant uses from the property or obtain appropriate building permits. The Applicant shall also demonstrate that the current uses including storage and servicing of portable toilets and the small scale recycling operation are currently in compliance with the County codes (ULUR) or will be permitted under the proposed Land Use Change Permits. 11111F1Ri 'i'aiiir10,110+1.51 IFI,li'i 10 111Ili Reception#: 849875 08104/2014 11:06 28 PM Jean Rlberice 4 of 5 Rep Fee:$0 00 Doc Fee 0 00 GARFIELD COUP! -v CO Exhibit A (page 3 of 4) 13. Hours of operation for the recycling processing equipment and operation of the solid waste transfer floor (i.e. emptying of trucks and loading of haul vehicles) shall be limited to 6:00 a.m. to 7:00 p.m. Monday through Saturday. Other maintenance operations may occur within the main operations building outside of those hours and days but shall be subject to compliance with State and County regulations on noise limits. Startup or idling of trucks prior to 6:00 a.m. or after 7:00 p.m. shall be limited to a total of 5 trucks at any one time. Other industrial activities on the site shall comply with operation and noise limits contained in the ULUR. 14. The site plan shall be updated with additional details on the location of the fueling operation and outside recycling storage areas. In addition the propane use proposed to remain on site needs to document that it is in compliance with all applicable State and Federal Regulations. Referral comments from the Carbondale Fire Protection District on the propane operation shall also be required. 15. The Applicant shall comply with the wildlife impact mitigation recommendations provided by the Applicant's Environmental Consultant ERO Resources Corporation. 16. The Applicant shall expand dust mitigation plans for the site with additional details on timing for application of magnesium chloride to the drivable surfaces. Dust mitigation for areas of the site that have not been re -vegetated from previous grading activities shall also be provided. Re -vegetation and stabilization is a preferred option and shall be coordinated with the County Vegetation Manager. 17. The Facilities shall be limited to the areas of the site (dimensions) and capacities indicated in the submittals. Any expansion beyond the Application representations shall require submittal of an appropriate Land Use Change application for review by the County. The facility shall be limited to the traffic generation estimates contained in the Traffic Report and including an opening day estimate of 5 heavy truck waste transport round trips per day and a maximum of 10 such round trips at full capacity. Limitation on truck trips shall be averaged on a weekly basis. 18. The Applicant shall post a 4' x 8' sign with the Emergency Contact information, consistent with past practice of the Board, on the site to facilitate public communication should compliance issues occur. 19. Prior to issuance of the Land Use Change Permit, the Applicant shall demonstrate to the County that they have obtained all required permitting from the CDPHE for a Solid Waste Transfer Facility and Recycling Processing Facility. Further the Applicant shall demonstrate compliance with any conditions contained within said permits. The Applicant shall provide the County with copies of any notices of any violations, or remedial actions required by the CDPHE. The Applicant shall make the facility available for inspection upon request of the Garfield County Zoning Enforcement Officer. 20. The site shall be fenced and securely gated consistent with CDPHE standards and recommendations for site protection and control. 11141ffililitnalirYtidDrilliniTAKitrir4141411(111 Recept i on8 : 849875 06'04.'2014 11 06.28 AM Jean Albericq 5 of 5 Pe, Fee.$0 00 Doc Fee_0 GO GARFIEL❑ COUNTY CO Lxntort A (page 4 of 4) 21. Prior to issuance of the Land Use Change Permit, the Applicant shall provide additional Application materials and documents, including updated operations plans, to demonstrate compliance with all CDPHE comments contained in the November 8, 2012, Detailed Review Letter from John O'Rourke, Solid Waste and Material Management Program. Written confirmation of compliance from the CDPHE shall be required. 22. Prior to the issuance of the Land Use Permit, the Applicant shall update the drainage plan for the site to include the following: a. Engineered drainage plans for the facility entrance to ensure that drainage does not impact the County Road. b. Engineered drainage plans for the drainage detention and outfall east of the main building to ensure that it does not result in discharge of sediment or debris off-site. c. A plan for improving the current condition of drainage facilities to acceptable operational conditions including cleanup, stabilizing slopes, re -vegetation and weed removal, and locating and cleaning out culverts. d. Update the Operations Plan to include a long term maintenance plan to ensure that the drainage facilities will be maintained and operated as designed. Said plan shall document IRMW Il's right to access and maintain the drainage across IRMW I property. 23. Representations contained in the Application and Operation Plan shall be conditions of approval including, but not limited to, representations regarding all dumping and transfer of trash will occur in the load -out building, implementation of odor suppression systems, pest control, site maintenance, covered and sealed vehicles for transportation of waste, use of white noise back-up alarms, removal of trash within 24 hours, any trash stored overnight shall be covered, floor drain systems, washing of vehicles within the building, and installation of a concrete floor system covering the entire floor of the operations building. 24. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the facility, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 25. Notice to the County of a pending sale or a change in ownership shall be required and shall immediately trigger the filing of a report by the new ownership to confirm that all representations of the current Applicant shall be complied with including the Operations Plan and all CDPHE permitting. The operations plan shall be reviewed and approved by the Board of County Commissioners at a public meeting, prior to operation by the new owner.