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Home My WebLink About3.0 CorrespondenceOLSZEWSKI, MASSIH & MAURER, P.C. ATTORNEYS AT LAW Edward B. Olszewski Melody D. Massih Amanda N. Maurer Fred Jarman Garfield County Building and Planning Department 108 81" Street, Suite 401 Glenwood Springs, CO 81601 P.O. Box 916 214 - 8" STREET, SUITE 210 GLENWOOD SPRINGS, CO 81602 TELEPI !ONE: 970.928.9100 FACSIMILE: 970.928.9600 October 31, 2008 Website: www.ommpc.com RE C E1 V . a OCT 3 i 2.008 iA1'U lt:LL) GOUIN I'1 BUILDING & PLANNING RE: SPECIAL USE PERMIT FOR AUGUSTUS AND JENNIFER HAMPSON Dear Fred: Per our telephone conversation regarding the type of special use for the above -referenced application submitted to your office on October 9, 2008, we are changing the use from Agriculture -Related Business to Contractor's Yard. As a result of this change, we are addressing the industrial use standards set forth in Sections 5.03.07 and 5.03.08 of the Zoning Regulations as follows: 5.03.07(1)(A): As stated in my October 9, 2008 correspondence, Applicant does not use its own water for its proposed use, and if water is needed in Applicant's operations, it is provided by clients of Applicant's business, Rocky Mountain Environmental Concerns (RMEC). Any use of water is lawful. 5.03.07(1)(B): There are no known impacts to any adjacent properties, as the use on Applicant's property ("Property) is mainly for storage of agricultural equipment and supplies for RMEC and the operation of a business office for RMEC. There is some equipment maintenance and repair that will be done on the Property, but this will take place in the shop located on the Property and there are no emanations from this maintenance or repair work. 5.03.07(1)(C): The Property is 36 acres total and only 5 acres will be used for RMEC operations. No new structures will be built and there will be no alteration of vegetation or disruption to wildlife or domestic animals. 5.03.07(1)(D): As stated in my October 9, 2008 correspondence, there will be no significant impacts from traffic to and from the Property, as there will be approximately 10 trips per day total of vehicle traffic as a result of RMEC operations. 5.03.07(1)(E): As stated above, the Property is 36 acres total and 5 of these acres are to be used for RMEC operations. The rest of the Property is used for A/R/R/D uses by right. The OLSZEWSKI, MASStn & MAURER, P.C. Hampson Special Use Permit October 31, 2008 Page 2 of 2 equipment storage yard is fenced and is located in the middle of the Property, and the shop borders BLM land, so no neighboring residences are impacted by RMEC operations. 5.03.07(1)(F): See mitigation measures, if any, identified as a part of each section above and below. 5.03.08(1): RMEC operations do not generate excessive noise. Applicants will comply with Colorado Revised statutes as to the standards regarding volume of sound generated. 5.03.08(2): RMEC operations do not generate perceptible vibration. 5.03.08(3): RMEC operations do not emit smoke or particulate matter. Applicants will comply with all Federal, State and County air quality laws, regulations and standards. 5.03.08(4): RMEC operations do not emit heat, glare, radiation or fumes. 5.03.08(5): (A) Applicant does not store flammable or explosive solids or gases, and if they were to do so, Applicant will comply with accepted standards, laws and applicable fire codes. (B) The equipment storage yard on the Property is fenced. (C) There will be no deposit of materials and wastes on the property that will be transferred off of the Property by natural causes or forces. (D) Storage of Heavy Equipment: Most RMEC equipment is agricultural equipment or is not stored on the Property. Any heavy equipment stored on the Property will comply with standards set forth in this section. (E) Applicant will comply with this section. (F) Applicant will comply with this section. 5.03.08(6): No potential water pollution hazards exist. Please contact me with any questions regarding this additional information or the original application. Thank you for your time and assistance. Very truly yours, OLSZEW$KI, ,MASSI . " : , P.C. By: �1 i assih MDM:mkd cc: Mac and Jennifer Hampson FtAll:WO LAM PSUN• ROCKY MOUNTAIN ENVIRONMENTAI,CONCPRNS,SUI' IrUcr.dor Dusty Dunbar Page 1 of 6 From: Melody OMMPC [melody@ommpc.com] Sent: Tuesday, January 27, 2009 11:12 AM To: Dusty Dunbar Cc: Jennifer Hampson; Mac Hampson Subject: RE: Hampson Contractor's Yard SUP Dusty- please see answers below after your questions. Please contact me with anything you need further clarification on. I would like to schedule a site visit this coming Friday, January 30 or Monday, February 2. Are you available either of these days? Please let me know and we can set something up. Sincerely, Melody D. Massih Olszewski, Massih & Maurer, P.C. 214 8th Street, Suite 210 P.O. Box 916 Glenwood Springs, CO 81602 (970) 928-9100 (telephone) (970) 928-9600 (facsimile) melody@ommpc.com From: Dusty Dunbar [mailto:ddunbar@garfield-county.com] Sent: Friday, January 09, 2009 5:46 PM To: Melody OMMPC Subject: RE: Hampson Contractor's Yard SUP Thank you for your response. ■ The information needs to be to scale on the SITE PLAN. My client is preparing another map showing the yard on the site plan. This map should be done in the next few days. • Generally speaking the Contractor's Yard permit permissions are not intended to apply to the whole parcel, rather in one area that is managed for the purposes detailed in the application, and mitigated for adverse impacts in the Zone, which is residential. As you will see when you conduct the site visit, there will be one material and equipment storage area of 2 acres or less to be used for the business. There is another parking area by the shop that existed when the Hampsons purchased the property, but that will not be used for business purposes. ■ It is at the discretion of the Board to require screening for any and all components of the Contractor's Yard, that's why I wanted to make you aware that they can require screening and condensing this use into one area saves your clients considerable expense for fence, trees, berm, whatever. Not my call- it's theirs. Situations that are more limited and well mitigated area preferred. As stated above, Hampsons will be using the one area of 2 acres or less for materials/equipment and this area has natural screening and is out of the sight of neighboring properties. We can discuss this matter further when we are at the property during the site visit. • If you are going to delineate a storage a yard and store something in it, it's use is changing. It is stated that there is no alteration of vegetation. If the area is now a pasture or drylot and you drive over it andlot store things atop the vegetation, it will be altered. The area to be used is not a 1/27/2009 Page 2 of 6 pasture and has no vegetation on it. The area is dry lot that has road base and gravel on it. • What 'materials' are proposed to be stored and in what quantities? According to my client, the materials are: "Certified Weed Free Straw, a semi load at a time (750 bales) is delivered and no more than half a semi load is stored on the lot as it gets used quickly (300-400 bales) K -rail Jersey Barriers (120 are currently being stored there that belongs to one of our clients, no more barriers are to be purchased unless requested by a client, in the meantime we have 120 being stored. FGM (Flexible Growth Medium) and Wood Mulch for hydroseeding- 500-800 bales at a time during spring and summer months only, Grass seed is stored in the shop, Humates, Sustain, and Mycorrhizae ( all organic fertilizers used for rangeland reclamation) Typically 1-2 pallets of each item are around at any given time in the spring, summer, and fall (there are 40-70 bags on a pallet). We try to not carry over much inventory in the winter. Wood or Excelsior wattles 1-2 pallets, wood stakes (1 pallet), various other erosion control products such as blanket and silt fence in small quantities, Pallet or less." How often are deliveries made and in what quantities? According to my client: "Straw may come in twice a week during peak season, spring and fall. All other materials arrive once every other week, by a small courier truck all the way up to a semi load depending on the job. We do not stock many materials until bids are won and the deals are sealed since we have found a better supplier that can get everything to us in a day or less. Large jobs may require a semi Toad of materials are ordered at once, and then they dissipate daily as they are used up and brought to job sites. The only materials stored currently right now are jersey barriers and a few misc erosion control products such as wattles, blanket, and silt fence, and a little fertilizer. There is grass seed in the shop as well." • How many employees does this business have? In the winter, the business has 3 employees, and in the summer approximately 7 employees and 3 of the employees carpool. How many of the employees come to the site each day? This depends. All of the work RMEC does is offsite, so many times employees drive directly to the job site without coming to the shop, although sometimes employees meet at the site and drive together from the site. Are personal vehicles parked on site during the day? How many? This depends on the season, but it varies from 1 to 5 personal vehicles. For instance, right now, two of the employees carpool in a company owned truck and the other employee is also driving a company truck, so no personal employee vehicles are parked on the site. • Do customers/clients come to the site to meet with the business? Please provide an estimate of the number of people that come to the office. As stated above, work is done off site, so clients do not come to the site to meet with the business. If there are client meetings, these are conducted at a local restaurant or at the client's business, as is standard in the industry. • Please list the equipment that is used for the business, regardless of whether it is stored on the property or not. (It is reflected that some maintenance is performed, so I am surmising that the equipment comes onto the property at some point.) Equipment used for the business is: 98 20' Flatbed Trailer, 03 CAT420D Back Hoe, 04 CAT924G Loader, 05 CAT247B Skid Steer, 05 Massey Ferguson 941 tractor, 06 Finn B40 Straw Blower, 06 Finn 8' Straw Crimper, 06 CAT 304CCR Mini Ex, 06 B&B 30' Flatbed Trailer, 06 Bowie 1100 Gallon Hydroseeder, 06 20' Tiltdeck trailer, 8' Heavy Disc cultivator, 6' Drill Seeder, 07 Kobelco ED150 Excavator, 08 Massey Ferguson 5470 Tractor, 06 Rhino ATV. There is also some hay equipment and a Rhino used by my client for personal agricultural use on the property. • Does the operator wash equipment and trucks off-site before they return to the site? Yes - everything is washed at the Dusty Wagon Car Wash in Silt. Is there washing on site? No. There may be a concern about the carry of weeds onto the property (and inadvertently to the BLM or 1/27/2009 Page 3 of 6 adjacent parcel. (Yes, I know they are in the weed abatement business, but these vehicles are GOING to weed -infested areas to abate weeds, unless they are washed the seed may be brought back with them. See above- equipment is washed before corning back to the site. In fact, Hampsons have reseeded much of the property to get rid of weeds that were on the property when it was purchased. • Operations with heavy equipment do have a certain amount of solvents, fuels, etc. and particularly if maintenance is being performed on them. I'd like to know a little more about this to be able to recommend a reasonable storm water permit requirement. My client's response is as follows: "RMEC operations occur off site, equipment is washed off site, and maintenance involves greasing, removing old oil and putting new oil in or hydraulic fluid back in, whatever it may be. Any waste is dumped into a 500 Gallon waste oil container which has its own sealed pit, with a liner that it sits on and a waste oil recycler picks it up about 2-3 times a year (1000-1500 gallons of waste oil). RMEC equipment is fueled via transfer tanks on our trucks, the trucks are filled up at the gas stations, and there is no fuel stored on site. We do have 2 500 Gallon fuel tanks that have been empty ever since we moved here because we have had better luck using commercial fueling stations. In the summer time CAT comes out to the job sites and does the maintenance or repair at the client's job site." • There is no sound assessment provided. I have some suggestions for collecting this necessary data in a reasonable manner. As stated above, all work is done offsite. • Are their sanitary facilities in the office/shop? RMEC has a portable toilet for employee use maintained by Down Valley Septic at the shop and a faucet on the outside of the shop. • Please demonstrate the applicant's plan to abate the dust generated by the daily trips. (You might also include the standard residential trip generation that is 9.8 trips per day, the customer count, the worker private vehicle access as well as the business vehicles. During the summer months water is sprayed on the road with the hydroseeder when it arrives back at the shop, along with Mag Chloride in the Spring. RMEC plows the snow on the road during the winter. Hampsons have also posted 20 MPH road signs to attempt to slow people down as well as install speed bumps. Hampsons also pay for the gravel and the grading on the road. As stated above, no customers or clients come to the property, so there are no vehicle trips for this. Employee trips are 2 vehicles at 2 trips per vehicle (one out of the property in the morning and one trip back to the property in the evening) during the fall and winter and during the Spring and Summer months, 4 vehicles at 2 trips per vehicle. Sometimes, there are not evert this many trips, as employees just go directly from their homes to the job site. Trying to catch up with you...1'11 be in hearing Monday (maybe back late afternoon), Staff meetings Tuesday, but I check emails when I get back in (often at night...so thanks in advance for the reply.) After these questions are answered and the site map is modified to include the delineation of the storage areas, etc. I'd like to schedule a site visit late next week. Maybe Thursday. Thanks! Dusty Ms.Dustin Dunbar AICD. MPA Senior Planner III 1/27/2009 Page 4 of 6 Garfield County, Wanda Phone (970} 625-5903 FAX 625-5939 From: Melody OMMPC [mailto:melody@ommpc.com] Sent: Friday, January 09, 2009 2:24 PM To: Dusty Dunbar Subject: RE: Hampson Contractor's Yard SUP Dusty- attached is a map that my client prepared showing where the materials storage lot, shop and house are located on the Hampson property. Also shown on this map are the surrounding residences. The materials storage lot is where the materials and equipment can all be stored. This lot is less than 2 acres- the area where the shop is located is 2+ acres, so adding that area to the materials storage lot is why we came up with the 5 acres. So, for purposes of the actual Contractor's Yard itself, we can use the portion of the property identified as "RMEC Materials storage lot" on the attached map. As you can see from the map, the materials storage lot is quite far away from the neighboring residences, and the residences are not impacted visually by this yard. The physical attributes of the property act as a natural screen on all sides, and this portion of the property sits lower than everything else around it, further minimizing any visual impacts. When you do your site visit, you will see that the visual impacts of this lot on any neighboring properties are minimal to nonexistent, Please let me know when you think the application will be deemed technically complete, or what other information you will need from us to have this application be deemed technically complete. Also, please let me know when you would like to schedule a site visit; perhaps I can plan to meet you at the property with my clients. Thanks for your assistance. Sincerely, Melody D. Massih Olszewski, Massih & Maurer, P.C. 214 8th Street, Suite 210 P.O. Box 916 Glenwood Springs, CO 81602 (970) 928-9100 (telephone) (970) 928-9600 (facsimile) melody@ommpc.com CONFIDENTIALITY NOTICE: This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please delete this transmission. Thank you. From: Dusty Dunbar [mailto:ddunbar@garfield-county.comj Sent: Monday, January 05, 2009 10:20 AM To: Melody OMMPC Subject: RE: Hampson Contractor's Yard SUP No biggie. Just want to get the Hampson CY scheduled. In response to the comment from the Commission, I think it's important to depict on the site plan map WHERE the equipment is to be stored (the actual Contractor's Yard itself.) A Contractor's 1/27/2009 Page 5 of 6 Yard permission does not apply to the WHOLE parcel. Storage is limited in these permits, and the Commission can require screening, fencing or stands of trees if they feel it is a visual nuisance to neighbors. It might be good to select a small area (couple acres max) that uses any natural screening of the trees to identify as the yard'. Many commercial sites for lease are smaller than 2 acres, and they often question the need to have that kind of visual impact in residential zones. Most of the contractor' s yard I've permitted were well under an acre...and were required to be fenced and screened. I'll also need to schedule a site visit. Thanks! Dusty Ms.Dustin Dunbar AQP �,PA Senior Planner III Garfield County, Calarad° Phone (970) 625-5903 FAX 625-5939 From: Melody OMMPC [mailto:melody@ommpc.com] Sent: Friday, January 02, 2009 9:00 AM To: Dusty Dunbar Subject: RE: Hampson Contractor's Yard SUP Dusty- Sorry I wasn't able to get back with you earlier; I was out of the office on Wednesday and I understand you are out of the office today. I appreciate your input and suggestions and agree that it would be better to deal with the view and screening issue prior to the BOC meeting. I will speak with my clients about this and get back with you the first part of next week. Happy New Year! Sincerely, Melody D. Massih Olszewski, Massih & Maurer, P.C. 214 8th Street, Suite 210 P.O. Box 916 Glenwood Springs, CO 81602 (970) 928-9100 (telephone) (970) 928-9600 (facsimile) melody@ommpc.com CONFIDENTIALITY NOTICE: This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please delete this transmission. Thank you. From: Dusty Dunbar [mailto:ddunbar@garfield-county.com] Sent: Tuesday, December 30, 2008 8:46 PM To: melody@ommpc.com Subject: Hampson Contractor's Yard SUP 1/27/2009 Page 6 of 6 Hello, Melody - In preparing the referral document (a referral is required by the Board for SUPs...it presents a short summary of the project to ask the BOCC if they feel it is necessary for the Planning Commission to weigh in on the application) I became concerned about a comment that one of the Commissioners made the last time I took a Contractor's Yard referral to them (Dec 8th) The other referral is not unlike your client's request, and is not far from your client's location. I didn't want to solicit the same comment and have the BOCC react and send this application to Planning Commission...something I feel it does not need to do. The comment was that the other application was on a parcel surrounded by residential parcels and that I had failed to show the BOCC in my referral document WHERE the proposed contractor's yard was to be situated on the parcel, and how that contractor's yard related to the view /experience of the adjacent residential parcels. I got to your application's site map and it does not depict the area that is to be the Contractor's yard, nor does the application tell/show how the storage might be mitigated. Five acres is a lot of space to fence with a solid 8 -foot screen, berm or tree stand. think it might be good to discuss this just a little. The BOCC has within their power to deny this or make screening requirements...perhaps it's a better strategy to have an answer to the anticipated question than leave it open-ended and have them hand you a solution that you might not like, correct? I'll be in tomorrow after 8:30 tomorrow, but not Thursday/Friday. If you can, give me a call soon. I'd LOVE to get this referred, scheduled and DONE!!!! (Bet you would like that too.) Thank you very muchl Dusty Ms.Dustin Dunbar AICP, MPA Senior Planner 111 Garfield County, Calarad) Phone (970) 625-5903 FAX 625-5939 1/27/2009 OLSZEWSKI, MASSIH & MAURER, P.C. ATTORNEYS AT LAW Edward B. Olszewski Melody D. Massih Amanda N. Maurer Dustin Dunbar Garfield County Building and Planning Department 0375 C.R. 352, #2060 Rifle, CO 81650 P.O_Box 916 214— 8nl STREET, SUITE 210 GLENWOOD SPRINGS, CO 81602 TELEPHONE: 970.928.9100 FACSIMILE: 970.928.9600 April 9, 2009 Website: www.ommpc.com RE: SPECIAL USE PERMIT FOR AUGUSTUS AND JENNIFER HAMPSON Dear Dusty: This is in regard to the Special Use Permit for Augustus M. and Jennifer S. Hampson for property located at 1177 County Road 259, Rifle, CO 81650 ("Property") and supplemental information submitted to your office via my correspondence dated October 9, 2008 and October 31, 2008 for Augustus M. and Jennifer S. Hampson for property Iocated at 1177 County Road 259, Rifle, CO 81650 ("Property"). As discussed, for ease of the County's review, I am resubmitting certain information located in the correspondence submitted on October 9 and October 31, 2008, and all application submittal requirements and supplemental information requested by your department is now located in this correspondence. As such, this correspondence and the original Special Use Permit form and attachments (resubmitted with this letter as well) should be read together to comprise our entire application: 1. The applicants will be conducting their home-based business, Rocky Mountain Environmental Concerns ("RMEC"), from the Property. RMEC is a small business which provides consulting, materials and labor for reseeding, storm water control and weed control to other businesses, individuals and agencies. RMEC's hours of operation are from 6:00 a.m. to 6:00 p.m., Monday through Saturday. Applicant owns five pick-up trucks for the use of RMEC that will be leaving the property in the morning and returning in the evening, and has one pick-up truck to be used as a back- up truck that usually remains on the property. There are approximately ten trips total per day for vehicles coming to or going from the property. Applicants own some agricultural equipment such as tractors, an excavator, bobcat and storage loaders that are used on jobsites. The equipment is stored on a portion of Applicant's property totaling 11,000 square feet, and is labeled as "Contractor's Yard" on the attached site plan. The equipment storage is adjacent to Bureau of Management (BLM) land and Applicants have constructed a berm around the Contractor's Yard to screen this OLSZEWSKJ, MASsrrr & MAURER' P,C, Hampson Special Use Permit April 9, 2009 Page 2 of 5 equipment, as is shown on the attached photographs. Materials that are stored on the property for short periods of time relating to RMEC operations are certified weed free straw bales, organic fertilizer, grass seed and mulch which are all related to standard agricultural operations. The materials are used on jobs within a few days of delivery and are not stored on the Property for long periods of time. Applicants will be using an existing 30x40 shop on the Property for the business, as welI as 1,100 square feet of existing office space in the residence that is on the Property. No other structures are being proposed and no other power or utility service will be needed. 2. No water is needed for the proposed use. RMEC's clients provide and pay for their own water, if necessary. 3. Attached is a site plan of the Property prepared November 7, 2006 showing the boundaries of the property and all existing structures, as well as the equipment storage or Contractor's Yard. The gravel driveway that runs along the westerly boundary of the property connects with County Road 259/Jewell Lane. No new or expanded access is being requested. 4. Attached is the U.S.G.S. map showing slope/topography of the property. 5. Attached is the Assessor's map showing the subject property and all adjacent landowners. Also attached is a list of all property owners with in 200 feet of the Property and the mineral interest owners. 6. Attached is a copy of the Warranty Deed and legal description for the Property. 7. Attached is a letter authorizing Melody D. Massih to act as Hampson's agent for the purposes of this Special Use Permit Application. 8. (1) Current utilities adequate to provide water and sanitation service for RMEC operations are in place. (2) Street improvements are in place adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use. (3) The design of RMEC operations is organized to minimize impact on and from adjacent uses of land through fencing and landscaped materials, and the large size of the Property keeps RMEC operations from visually impacting neighbors. There are no lighting or signs that visually impact neighboring properties. We are addressing the Industrial Use Standards as forth in Sections 5.03.07 and 5.03.08 of the Zoning Regulations as follows: 5.03.07(1)(A): As stated in paragraph 2 above, Applicant does not use its own water for RMEC operations, and if water is needed in Applicant's operations, it is provided by clients OLSZEWSKI, MASSIII & MAURER, P.C. Ilampson Special Use Permit April 9, 2009 Page 3 of 5 of Applicant's business, Rocky Mountain Environmental Concerns (RMEC). Any use of water is lawful. 5.03.07(1)(B): There are no known impacts to any adjacent properties, as the use on Applicant's property ("Property) is mainly for storage of agricultural equipment and supplies for RMEC and the operation of a business office for RMEC. The Contractor's Yard as not adjacent to any surrounding homes and is bordered by BLM land. Applicant pays for and maintains a portion of CR 259/Jewell Lane ("road") that serves Applicant and four other neighbors free of charge to any of the neighbors. Applicant abates dust generated by vehicle trips to the property during the summer months by spraying water on the road with a hydroseeder, and sprays the road with Mag Chloride in the Spring. Applicant plows the snow on the road during the winter. Hampsons have also posted 20 MPH road signs to attempt to slow people down as well as install speed bumps, which will lessen dust generation. Hampsons also pay for the gravel and the grading on the road. 5.03.07(1)(C): The Property is 36 acres total and only 11,000 square feet will be used for the Contractor's Yard. The area to be used has never been a pasture and has no vegetation on it. The area is a dry lot that is covered with road base and gravel. No new structures will be built and there will be no alteration of vegetation or disruption to wildlife or domestic animals. 5.03.07(1)(D): As stated above, there will be no significant impacts from traffic to and from the Property. No customers or clients come to the property, so there are no associated vehicle trips. Employees of RMEC vary as this business is highly seasonal. In the winter, RMEC has 3 employees and in the summer it employs up to 7 employees. As stated above, employee trips arc at 10 trips maximum per day, and this can be less depending on the season, as the number of employees varies by season. Employees often carpool to the property, and many days employees go directly from their homes to the job site. As far as truck traffic, there is on average one straw delivery per week, and other materials are delivered every other week. The mode of delivery is dependent upon the size of the load. 5.03.07(1)(E): As stated above, the Contractor's Yard totals 11,000 square feet. The rest of the Property is used for AJR/R/D uses by right. The Contractor's Yard borders BLM land and is screened by a berm (see attached photographs), and neighboring residences are not negatively impacted by RMEC operations. 5.03.07(1)(F): See mitigation measures identified as a part of each section above and below. 5.03.08(1): RMEC operations are within permissible noise levels as set forth in C.R.S. §25-12-103. Applicants took db(A) readings with two trucks and the skid steer running, which is the loudest and most equipment that would be running at any given time. The readings were taken at the portions of property lines bordering neighbors (the other portions of the property border BLM Iand). The db(A) readings taken were as follows: from the SW OLSZEWSKI, MASSIII & MAURER, P.C. Hampson Special Use Permit April 9, 2009 Page 4 of 5 corner of the property at the entrance gate with the equipment running was 55 db(A), from the SE corner of the property at the property line the noise was Iess than 50 db(A) and along the western border of the property the sound level was 55 db(A). 5.03.08(2): RMEC operations do not generate perceptible vibration. 5.03.08(3): RMEC operations do not emit smoke or particulate matter. Applicants will comply with all Federal, State and County air quality laws, regulations and standards. 5.03.08(4): RMEC operations do not emit heat, glare, radiation or fumes. 5.03.08(5): (A) Applicant does not store flammable or explosive solids or gases. Maintenance performed on the vehicles/equipment involves greasing, removing old oil and putting new oil in or hydraulic fluid back in to the vehicles/equipment. Any waste is dumped into a five hundred gallon waste oil container which has its own sealed pit, with a liner that it sits on and a waste oil recycler picks it up about 2-3 times a year (1000-1500 gallons of waste oil). RMEC equipment is fueled via transfer tanks on the trucks and the trucks are filled up at the gas stations, so there is no fuel stored on site. In the summer time CAT comes out to the job sites and does the maintenance or repair at the client's job site. (13) As stated above, the Contractor's Yard is adjacent to BEM property, with a berm and other natural screening. (C) There will be no deposit of materials and wastes on the property that will be transferred off of the Property by natural causes or forces. All equipment and vehicles are washed at the Dusty Wagon Car Wash in Silt, Colorado, prior to returning to the Property. There is no washing of equipment or vehicles at the site, to avoid bringing back any weeds onto the Property. When Applicants purchased the property, Applicants reseeded the property for weed abatement. (D) Storage of Heavy Equipment: The equipment used for RMEC operations is: 98 20' Flatbed Trailer, 03 CAT420D Back Hoe, 04 CAT924G Loader, 05 CAT24713 Skid Steer, 05 Massey Ferguson 941 tractor, 06 Finn B40 Straw Blower, 06 Finn 8' Straw Crimper, 06 CAT 304CCR Mini Ex, 06 B&B 30' Flatbed Trailer, 06 Bowie 1100 Gallon Hydroseeder, 06 20' Tiltdeck trailer, 8' Heavy Disc cultivator, 6' Drill Seeder, 07 Kobelco ED150 Excavator, 08 Massey Ferguson 5470 Tractor, 06 Rhino ATV. Most RMEC equipment is agricultural equipment or is not stored on the Property. Any heavy equipment stored on the Property will comply with standards set forth in this section. (E) This section is not applicable, but to the extent that it is, Applicant will comply with this section. OL,SZEWSKI, MASSIII & MAURER, P.C. Hampson Special Use Permit April 9, 2009 Page5of5 (F) Applicant will comply with this section. 5.03.08(6): No potential water pollution hazards exist. 9. A check for the $525.00 base fee and Agreement for Payment were submitted previously, and copies arc attached hereto. 10. Applicant is submitting three (3) copies of the application form, this correspondence and associated documents. Please contact me with any questions regarding this application. Very truly yours, MDM:mkd Enclosures cc: Mac and Jennifer Hampson P .Mr•I .y1I!AMPSON• nor KV MOUNTAIN r:NVIRONMfN'I'ALCONCERNSISprciel ❑r I'errnMUJl. »Univ. M1TI.S nc Print rage 1 or 1 From: Keith Gilstrap 0 To: Keith Gilstrap Date: Tuesday, May 19, 2009 1:38:05 PM Subject: Garfield County Commissioners 108 8th St Suite 401 Glenwood Springs, CO SUBJECT: Special use permit @ 1177 CR 259 Dear Board, RECEIVED MAY 2 2 2009 GARFIELD COUNTY BUILDING & PLANNING As a property owner in Garfield County I am writing to you in regards to the Special Use Permit application for the above property. I am not in favor of this application due to its location. If you allow these types of storage areas in agricultural zoning it will begin to look like the storage areas that carne along after the Colony Oil Shale closure. I also don't believe that CR 259 would be able to support the weight or the traffic. Don't allow what took years to get the industrial storage and zoning under control. ith,Gilstrap http://us.mg2.maiLyahoo.com/dc/launch?.gx=1&.rand=av4k2vsei5ss3 5/19/2009 GARFIELD COUNTY COMMISIONERS RECEIVED MAY 282009 209G� LD PLANNING COUNTY MY NAME IS TERRY KIRK, I LIVE AT 1500 C.R. 259, RIFLE CO. IN RESPONSE TO THE APPLICATION OF AUGUSTUS AND JENNIFER HAMPSON, FOR A SPECIAL USE PERMIT TO PUT IN A CONTRACTORS YARD AT 1177 CR 259 I SUBMIT THE FOLLOWING. JEWELL LN ISA CHIP SEAL ROAD OF INSUFFICIENT CONSTRUCTION TO HANDLE ANY MORE TRAFFIC THAN LIGHT CARS AND TRUCKS. IT IS A DEAD END RESIDENTIAL AND RANCH ROAD. THERE ARE SEVERAL CHILDREN AND PETS THAT FREQUENTLY WALK THIS ROAD. THE COVENANTS THAT ARE ON MOST OF AND POSSIBLY ALL OF THE ADJOINING ACERAGE STATE THAT NO CONTRACTOR YARDS WILL BE ALLOWFD IN THIS AREA. THE PROPERTY VALUES WOULD BE DRASTICALLY EFFECTED SHOULD THIS BE ALLOWED. PLEASE DO NOT GRANT THE SPECIAL US PERMIT. TERRY KIRK 970-989-5175