HomeMy WebLinkAbout3.0 BOCC Staff Report 06.01.2009Memo
To: Board of County Commissioners
From Kathy Eastley
Datm 5/27/2009
Re: R1Z Gravel Pit Hearing June 1, 2009
We have received a request from the Applicants representative to continue the Public Hearing for the
RTZ Grave Pit Special Use Permit until July 13, 2009 pursuant to the attached letter.
Exhibits for Board of County Commissioner Hearing
June 1, 2009 — RTZ Gravel Pit SUP
Exhibit Letter
_
A to` Z
Exhib :t
A
Mail Receipts
is
B
Proof of Publication
C
Garfield County Zoning Regulations of 1978, as amended
D
Garfield County Comprehensive Plan of 2000, as amended
E
Application
F
Staff Memorandum
` G
Staff Presentation
H
Memo dated February 3, 2009 from Jake Mall Garfield County Road and Bridge
I
Memo dated February 23, 2009 from Steve Anthony Garfield County Vegetation
J
Email dated March 9, 2009, from Jim Rada, Environmental Health
K
Email dated February 13, 2009 from Dan Roussin --- R3 Permit Manager, CDOT
L
Letter, dated February 23, 2009 from JT Romatzke, Division of Wildlife
M
Letter, dated February 18, 2009 from Rob Ferguson, Grand Valley Fire Protection
District
N
Letter dated March 4, 2009 from Freda L. Webb
BOCC 6/1/09
KE
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW Special Use Permit for "Extraction, Storage
and Material Handling of Natural Resources"
for sand and gravel extraction in the A/RJRD
zone district (Zoning Resolution of 1978)
APPLICANT Specialty Restaurant Corporation/Stockton
Restaurant Corporation
REPRESENTATIVES Tim Thulson — Balcomb & Green, P.C.
Tony Zancanella -- Zancanella & Associates
LOCATION SE' /4 of the SE 1/4 Section 28 and Section 33,
Township 7 South, Range 96 West of the 6"'
P.M. and generally located at the southwest
corner of the intersection of CR 300 and
Highway 6, approximately 5 miles south of
the Town of Parachute
SITE INFORMATION "Subject Lot" consists of 1,200 acres - Lease
area is limited to 130.588 acres
EXISTING ZONING Agriculture / Residential / Rural Density
(A /R/RD)
I. REQUEST
The Applicant requests approval of a Special Use Permit for "Extraction, Storage, and Material
Handling of Natural Resources" for extraction of sand and gravel on a property located on the
southwest corner of Highway 6 and CR 300. The application also requests allowance for crushing
and screening of the gravel, storage areas and material handling of the resource.
II. LOCATION AND SITE DESCRIPTION
Located south of Highway 6 at the intersection of County Road
300, the property is immediately west of the existing Una
Gravel Pit, the Strong PUD and the Orchard Compressor
Station. Frac -Tech and Travellers Highlands are located to the
north of the site in keeping with the industrial nature of
activities on the north side of the Colorado River.
The lease area is a gently sloping triangular- shaped tract that
abuts CR 300 at its eastern edge. The site is bounded by the
Union Pacific RR and Highway 6 on the north; and by the
Colorado River on the south.
Aerial View of Vicinity
III. ZONING & ADJACENT USES
Frac -Tech
Resource L _..
Trati ellers�,, Orchard
Strong Compressor
PUDISUP' Area - SUP
UNA Pit
Proposed Pre - existing use
RTZ Gravel Pit area ARRt] zoning
i
"
a
Zoning Map
1.
RTZ Gravel Pit
BOCC — 611109
Page 2
The subject site is zoned ARRD which allows for
extraction, processing, storage and material handling of
natural resources as a Special Use.
The character of the immediate area is industrial in
nature, with many of the properties located north of the
Colorado River subject to Special Use Permits.
Travellers Highlands is a commercially zoned
subdivision that has uses which are generally in support
of the Oil and Gas Industry. To the east of Travellers
Highlands is the Frac -Tech facility zoned Resource
Lands. The pending Strong PUD will allow for
contractor storage on the site, however a Special Use
Permit currently allows for contractor storage on a
portion of that property.
Oil & Gas Wells (red triangles)/ Pipelines in vicinity of application (blue lines)
IV. PROJECT DESCRIPTION
The crossroads area around CR 300 is
predominantly used for industrial
activities in support of the Oil and Gas
Industry due to the proximity of wells
and pipelines that occur south and east
of the Una Bridge and Colorado River.
The proposed extraction site is
currently being utilized as the
temporary staging area related to the
Colbran Pipeline -- a use that was
permitted via review of a pipeline
permit.
This site was previously approved for a Special Use Permit for extraction activities in 1981 via Resolution No.
81 -227 (a copy of which is located in Tab C of the submittal documentation) under the name of the proposed
operator, L.G. Everist. The project acquired necessary approvals from the County (SUP) and the State (DRMS
issued a 112c permit in 1982) however no extraction activity has occurred on the site pursuant to those
approvals.
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RTZ Gravel Pit
BOCC - 611109
Page 3
The area that is the focus of this application is the 130.588 -acre lease area which will encompass both the
mining area and the ancillary facilities required by the extraction activity.
The current proposal for surface extraction states that a 40.7 -acre mining area will yield approximately 150,000
tons per year of sand and gravel resource. The plan includes an assignment of three phases which will limit the
area of disturbance at any one time, as well as allow for reclamation to occur as the mine progresses through
the phases of the project.
Equipment necessary to accomplish this activity includes excavators, front -end loaders, strippers and off -road
haul vehicles. This equipment will extract and then transport the material to the crushing and screening area
where it will be subsequently weighed, sold and transported to market.
The proposed facilities area will be located in the northeastern portion of the site and is proposed to containthe
scale, office trailer, water and sanitation facilities and trash receptacles. The crushing and screening operations
will be located as identified within Phase III until the extraction activity encroaches that phase when it will be
relocated to an adjacent area in Phase II.
Proposed hours of operation are from 7 am to 8 pm Monday through Saturday from March through November.
Winter hours are proposed for 7 am to 6 pm Monday through Saturday. No regular nighttime activities are
anticipated; however allowance for occasional equipment repair and maintenance after hours is requested. The
repair and maintenance will occur outdoors and is not proposed to be additionally screened.
Traffic generation is anticipated at 62 trips per day and further described as being 52 trucks trips, 6 employee
vehicle trips and 4 service vehicle trips per day. Annual traffic generated will be 17, 860 trips. Due to an
increase of 20% or greater, a State Highway Access Permit from CDOT for the intersection of CR 300 at
Highway 6 will be required. Past practice has been for the Board of County Commissioners to designate their
authority to the applicant to obtain the necessary permit.
The anticipated haul route to deliver material to market is the state highway system. There is minimal
discussion regarding the trip analysis of trucks traveling south on CR 300, particularly if there is a need for
gravel related to well pad construction.
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RTZ Gravel Pit
BOCC 611109
Pa -ee 4
Physical characteristics of the site include the Colorado River and related floodplain area as well as
jurisdictional wetlands, both of these sensitive areas are avoided and will not be adversely impacted by the
proposed activities. The lease area of 130.588 acres includes activities related to the extraction activity such as
stockpiles, detention/retention structures, as well as the facility area, however the mining boundary is limited to
40.7 acres of the site.
V. AUTHORITY & APPLICABILITY
Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall be
approved or denied by the Board of County Commissioners after holding a public hearing thereon in
conformance with all provisions of the Zoning Resolution. The Board may, at its discretion, refer the
Application to the Planning Commission for a recommendation. At their Public Meeting held on January 19,
2009 a Board decision was made to refer this application to the Planning Commission.
VI. REFERRAL AGENCIES
Comments have been received from the following agencies and are integrated throughout this memorandum as
applicable.
I . Garfield County Road and Bridge Department: EXHIBIT H
2. Garfield County Vegetation Management: EXHIBIT I
3. Garfield County Environmental Health: EXHIBIT J
4. Division of Reclamation and Mine Safety: No Comment
5. Colorado CHPHE: No Comment
6. Colorado Department of Transportation: EXHIBIT K
7. Colorado Division of Wildlife: EXHIBIT L
8. Colorado Division of Water Resources (Office of State Engineer): No Comment
9. Grand Valley Fire Protection District: EXHIBIT M
10. Bookcliff Soil Conservation District: No comment
11. Garfield School District 16: - No Comment
12. Union Pacific Railroad: No Comment
13. U.S. Army Corps of Engineers: No Comment
14. Mesa County: No Comment
15. BLM: No Comment
VII. OTHER REQUIRED PERMITS
In addition to the Special Use Permit requirement for land use activity in the County, the following State and
local authorities have permits requirements related to the proposed activity:
A. State of Colorado, Department of Reclamation and Mine Safety (DRMS). This department
reviews mining plans and reclamation of the site as well being the entity responsible for bonding
to ensure completion of reclamation. This particular project is required to obtain a "Construction
Materials Regular Operation (112) Permit ";
B. State of Colorado Water Quality Control Division;
C. State of Colorado Air Quality Control Division;
D. Colorado Department of Transportation;
E. Garfield County Road and Bridge;
F. United States Army Corps of Engineers.
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RTZ Gravel Pit
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Page S
VIII. GARFIELD COUNTY COMPREHENSIVE PLAN ANALYSIS
The Comprehensive Plan is to be used in analysis of projects proposed within unincorporated Garfield County.
The project site is located in Study Area 3 and the Plan identifies future land use as "Privately owned
lands with site specific limitations to be evaluated at plan review. "To this end, virtually any land
use, so long as it was consistent with the uses in the underlying zoning would be considered "compatible" in
this location so long as the environmental (geologic 1 hydrologic / slope) challenges were appropriately
mitigated through plan review.
Chapter 11, Comprehensive Plan Goals, Objectives, Policies regarding Gravel Extraction Operations was
adopted by the Garfield County Planning Commission on August 13, 2008, a document which is to be used in
this review of extraction operations. Analysis of the project based upon this document follows with emphasis
placed on determination of compliance with the policies contained within the Plan.
POLICIES
11.0 The project review process will include the identification and mitigation of transportation impacts
related to industrial development.
Staff Response
The transportation impacts related to industrial development are well known in the vicinity of this
site. County Road 300 is utilized by activities related to the abundant natural resources in the area
including ranching, the Oil & Gas Industry, gravel extraction, as well as activities typically
associated in support of natural resource activities. These support uses include compressor stations,
contractor yards and storage areas for industrial equipment and supplies.
This crossroads area is at the center of all of these activities and handles a significant volume of
traffic related to those uses. These impacts have been gradually increasing and have now reached the
point where safety improvements are required to upgrade the intersection of CR 300 with State
Highway 6. The applicant is willing to work with Road & Bridge, CDOT and adjacent property
owners in the improvement of that intersection. A State Highway Access Permit (SNAP) will be
required by this development as the traffic assessment identifies that this proposal would create an
increase in existing traffic levels by at least 20 %. Typically the requirementfor a SHAP is a condition
of approval that must be met prior to issuance of the Special Use Permit.
Road & Bridge requests that the applicant provide a new traffic count based on the current traffic on
CR 300, particularly at the intersection with Highway 6 and at the UNA Bridge. In addition, the
condition of CR 300 has deteriorated due to parking that occurs along the right -of way, including
eroded shoulders and resulting drainage issues. Road & Bridge requests an on -site inspection to
work with the applicants to alleviate these problems.
Should the applicant desire to utilize CR 300 as a haul route further protective measures are
recommended, particularly a requirement to cover the truck loads to mitigate air quality impacts and
safety concerns. This would minimize dust and debris that may negatively impact the residences south
of the Una Bridge,
11.1 Garfield County shall discourage development that cannot be adequately mitigated in areas identified
as having severe environmental constraints such as active landslides, debris flows, unstable slopes,
bedrock slides, major mudflows, radioactive tailings.
RTZ Gravel Pit
BOCC — 611109
Pave 6
Staff Response
The environmental constraints associated with this site include Colorado River floodplain, a high
water table and wetlands. The proposed mining area avoids both the floodplain and the wetlands,
however the high water table is mitigated via the de- watering ofthe pit, detention and treatment ofthe
water prior to discharging back into the river.
A Floodplain Permit will be required for construction of the proposed Discharge 001 as that outlet
would be constructed within the Flood Fringe of the Colorado River.
Geologic Constraint Map - High water Table
Geologic Constraint Map - Floodplain
11.2 Natural drainage patterns will be preserved or mitigated so the cumulative impact of public and private
land use activities will not cause storm drainage and floodwater patterns to exceed the capacity of
natural or constructed drainage ways, or to subject other areas to an increased potential for damage due
to flooding, erosion or sedimentation or result in pollution to streams, rivers or other natural bodies of
water.
Staff Response
Site drainage in the permit area will be affected by the de- watering operations associated with the
extraction of the sand and gravel, however holding and treatment of the water will occur prior to
release to the Colorado River. Erosion and sediment control measures are an integral part of this
plan and are fully itemized in the Stormwater Management Plan.
11.3 Garfield County will require development to protect critical wildlife habitat as identified by state and
federal agencies. Development within these designations that cannot be designed, constructed and
conducted so as to have a minimum adverse impact upon such habitat or these wildlife species, shall
be discouraged.
Staff Response
The Colorado Division of Wildlife responded to this application that the area surrounding this
property has been affected by human development (particularly I -70 and Highway 6) and that the
Colorado River has been bermed and levied. Even with these features the wildlife still utilize the area
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wintering area for mule deer and elk during the winter months, and river /riparian use by river
otters, fish species and for marginal bald eagle roosting areas.
The loss and fragmentation of existing habitat are a concern and the reclamation of will be of little
utility to the deer and elk.
Mitigation measures are contained in the applicant's Wildlife Assessment Report, including Impact
Minimization Recommendations which should be considered as conditions ofapproval. The river and
riparian area are of the most concern to the CDOW and they recommend that surface - disturbing
activities be prohibited within 300 feet of the river and that no reduction of instream flows or
decrease in water quality should be permitted. One final recommendation made by CDOW is that
bear proof trash containers should be utilized on the site.
The applicant is proposing a 200 foot buffer from the river in which no activity could occur.
11.4 Garfield County, to the extent legally possible, will require adequate mitigation to address the impacts
of mineral extraction on adjacent land owners. These measures may include the following:
I. Landscaping and screening;
II. Modification of phasing or area to be mined;
M. Roadway improvements and signage;
IV. Safe and efficient access routes;
V. Drainage improvements to protect surface and groundwater.
Staff Response
Though the immediate vicinity of this proposal contains industrial uses there are residential
properties located on the south side of the Colorado River which may experience impacts if this
proposal is approved. The applicant proposes mitigation measures which include a phasingplan that
limits the area of site disturbance at one time and further requiring reclamation to commence upon
completion of each phase of activity. The application included improvements to the site access,
however no information was provided regarding improvements to the intersection of CR 300 and
Highway 6.
The application contains a haul route which identifies the major transportation route as Highway 6
with minimal loads transported south of the site on CR 300. If CR 300 is utilized for hauling material
staffwould recommend a condition requiring covering truckloads in order to minimize impact to air
quality and for safety purposes.
Drainage improvements include protective measures for surface water and groundwater such as
treatment prior to discharge to the Colorado River and avoidance of the floodplain and wetlands via
provision of a 200 foot buffer area from the river.
11.5 Garfield County will require adequate mitigation for dust, odors, and fumes generated by gravel
extraction activities.
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RTZ Gravel Pit
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Staff Response
A Fugitive Dust Permit is required for this activity as well as other state permits to assure air quality
standards. Dust issues are the most common concern associated with gravel operations due to a
variety of activities that may cause issues with dust, particularly tracking of mud onto the roadways,
inadequate stabilization of soil stockpiles, inadequate watering of haul roads, and uncovered truck
loads leaving the site.
Jim Rada, Environmental Health Officer, has responded that the submitted Fugitive Dust Plan is
"somewhat vague" and due to the potential for visibility impairment on CR 300 a strongplan should
be required to alleviate safety concerns.
COMPREHENSIVE PLAN STAFF FINDINGS
The application as submitted does not allow for a finding of compliance with the goals, objectives and
policies of the Comprehensive Plan due to the lack of required permits being in place for this activity.
However this is no different than mostgravel applications due to the applicants wanting assurance ofihe
County permitprior to obtaining the other required permits. As is typical in gravel applications, Staffhas
included conditions ofapproval regarding required permits that must be obtained prior to issuance of the
Special Use Permit that would allow for extraction activity to commence on the site. Issuance of those
permits will result in a finding of substantial compliance with the Comp Plan.
CGS Map
Of Gravel Resources
IX. REVIEW CRITERIA FOR SPECIAL USE
'IAPrr_
PERMITS (SECTION 5.17)
RT PIT
Pursuant to Section 5.17, as listed under the Zone District
Regulations, special, uses shall conform to all requirements
C listed thereunder and elsewhere in the Zoning Resolution, as
1 well as the following standards:
5.17 SUPPLEMENTARY GRAVEL EXTRACTION
EXPLANATION
`�^.; REGULATIONS (added 2008 -123)
s Fmnined sand gnd grarvl
ppm6on
KiMorit sand and gravrl
5 5.17.01 Water Quantity & Quali1y Impacts /Flood lain Impacts
fyp"Rtion or bonaw pit
*9 $amplc rucation and numbs
If a gravel pit is located within the floodplain there is a reasonable chance that it
Raosrees
could be flooded during its operational life. Equipment, machinery, fuel etc could
f ''; Catcgary l - nsl eatrnliai
r cattjory z_G�d fttmLw
become pollutant sources in the case of a flood. In addition, if the pit is located
calgory3 - hsodet.mPole t +a3
near the floodway of a river there is the possibility that in a flood a gravel pit could
catsgtvy 4 - Low Potcolial
alter the natural course of a river. This can have negative impacts on a river
I Resourucovctrsinbym mm than
A.
ecosystem and unknown impacts on nearby landowners. Every Application for
3 oflom (wind -blown sift)
gravel extraction shall address the following:
1) When the proposal is near a river or stream the Applicant is required to submit an analysis by
a professional engineer showing the boundaries of the floodplain and the floodway in the area
of the pit.
2) Provide "a Stormwater Management Plan that demonstrates how the project will not adversely
affect surface or groundwater resources. Additionally, provide a Sediment and Erosion
Control plan that demonstrates what best management practices will be used in the project.
RTZ Gravel Pit
BOCC - 611/09
Pake 9
3) In all cases, an application for a gravel mining operation shall include a Spill Prevention
Counter Measure and Control Plan (SPCC) that provides a program that handles spills of
hazardous materials as well as local contact information for responsible personnel at the
facility.
4) No application shall be accepted by the County without a letter from the applicable fire
protection district stating that the proposed project has been adequately designed to handle the
storage of flammable or explosive solids or gases and that the methods comply with the
national, state and local fire codes.
5) 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.
6) Development in 100 year Floodplain: Floodways - located within areas of special flood hazard
established in Section 6.03.02, are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood waters which carry debris, potential
projectiles and erosion potential, the following provisions shall apply:
a) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway unless it
has been demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed encroachment would not
result in any increase or decrease in flood levels within the County daring the occurrence
of the base flood discharge.
b) If Section 6.09.02 (1) (to be inserted when formatted) above is satisfied, all new
construction and substantial improvements shall comply with all applicable flood hazard
reduction provisions of Section 6.09.
C) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Regulations, the County may permit encroachments within the adopted
regulatory floodway that would result in an increase in base flood elevations, provided
that the Applicant obtains a Letter of Map Revision (LOMB) for a floodway revision
through FEMA and that no mining activity shall occur until FEMA has approved a Letter
of Map Revision (LOMR).
d) In all cases, there shall be no storage of fuel or hazardous materials including
concrete / asphalt batch plants within the floodway.
7) Standards for Areas of Shallow Flooding: Located within the areas of special flood hazard
established in 6.03.02 are areas designated as shallow flooding also known as the flood -
fringe. These areas have special flood hazards associated with base flood depths of 1 to 3 feet
where a clearly defined channel does not exist and where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow; therefore, the following provisions apply:
a) All new construction and substantial improvements of residential structures have the
lowest floor (including basement) elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the community's FIRM (at least two feet if
no depth number is specified).
b) All new construction and substantial improvements of non - residential structures;
1) have the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the community's
FIRM (at least two feet if no depth number is specified), or;
2) together with attendant utility and sanitary facilities be designed so that below
the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads of effects of
buoyancy.
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c) A registered professional engineer shall submit a certification to the
County Floodplain Administrator that the standards of this Section,
as proposed in 6.08.02 (1) a., have been fully satisfied.
d) Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from
proposed structures.
8) The proposed operation will be located a sufficient distance from other mining operations so
as not to create cumulative impacts to the integrity of the water course. The Board of
Commissioners will determine sufficiency of distance.
9) In- stream mining is not permitted.
10) All applications shall provide a de -water / discharge plan that provides a detailed graphic
representation of how dewatering operations shall occur. This plan shall demonstrate that the
discharge will not exceed state standards for discharge into a water course or wetland.
11) In all cases, the Application shall contain proof that the operation has adequate legal and
physical water for the proposed application.
Staff Response
Legal Water - The application includes a court decree (Case No. 07CW88) from District Court,
Water Division 5 in which the Underground Conditional Water Rights and Approval of Plan for
Augmentation were considered. This decree includes two wells, the RTZ Gravel Pit Well No. 1 and
RTZ Gravel Pit Well No, 2 each of which permit 2.0 c.fs, conditional, with a total annual diversion of
50.8 (well 1) and 12. 9 acre feet (well 2). The uses are identified as industrial (including gravel
production and dust control), recreation and piscatorial. Estimated water requirements, including
consumptive use and depletions, were calculated (based upon the 150, 000 tons per year of material
proposed for extraction) at 4.4 acre feet per• year for gravel production use and 8.4 acre feet per year
for dust control.
A water supply contract with the Colorado River Water Conservation District has been executed for
50,6 acre feet and the submittal documentation included applications for two well permits from the
Colorado Division of Water Resources. The submittal of two approved well permits has been
recommended as a condition of approval.
Floodplain and Wetlands - This site is
bordered on its south by the Colorado River,
however the ininingplan provides a200 foot
buffer to prohibit any disturbance in this
sensitive area (other than construction ofthe
discharge). There are three identified
wetlands areas are located along the County
Road and the Colorado River however the
wetlands are excluded from the area of
disturbance and mining activity.
Water Quality — Stormwater and Erosion
Control
The submittal documentation contains a
Stormwater Management Plan (SWMP), a
Spill Prevention Countermeasure and
Control Plan (SPCC), and a Sediment and Erosion Control Plan. These documents identify the
protective methods that will be utilized to assure water quality related to the use and operation ofthis
industrial activity, including Best Management Practices.
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Pat-e 11
Fire District
The Grand Valley Fire Protection District has reviewed this plan and has found it complies with the
District and IFC 2003 requirements.
Sufficient Distance
The Board of County Commissioners are required to determine the sufficiency of the distance of the
proposed operation from other mining operations so as not to create cumulative impacts to the
integrity of the water course. The applicant has provided information related to discharge to a
separate drainage swale and then to the Colorado River. This will result in no cumulative impact to
water quality issues related to this site.
5.17.02 Air QualitX
Fugitive dust from disturbed areas is one of the primary causes of gravel pit air pollution. The
potential for soil erosion potential also increases proportionate to the amount of disturbed
area. Gravel Pits should make an active effort to reduce disturbed area through phased
reclamation, efficient operations, and landscaping. Disturbed acreage can also provide a
measure of visual impact when the operation is located on valley floor and there are
residences on nearby hillsides. Opacity not to exceed 20 %.
1) All gravel operations in the County shall comply with applicable County, State, and Federal
regulations regulating air pollution and shall not be conducted in a manner constituting a
public nuisance or hazard.
2) impacts on adjacent land from the generation of vapor, dust, smoke, or other emanations. All
applications shall demonstrate how they will meet County, State, and Federal air pollution
regulations. Any repair and maintenance activity requiring the use of equipment that will
generate odors beyond the property boundaries will be conducted within a building at any
time or outdoors during the hours of 7:00 AM to 8:00 PM, Monday - Saturday.
3) The proposed operation will be located a sufficient distance from other mining operations so
as not to create cumulative impacts to air quality.
4) No application shall be approved until the Applicant submits evidence that all plants and
processing equipment shall have current Colorado Department of Public Health and the
Environment (CDPHE) Air Pollution Permits and shall meet current CDPHE emissions
standards for air and water.
Staff Response
Air quality issues related to dust control and equipment on -site have been discussed in the submittal
documentation however no air quality permits have been issued as yet. Staff includes a
recommendation regarding the requirement to obtain the necessary permits prior to issuance of the
Special Use Permit.
Given that there is an existing gravel pit (Una Pit, a pre - existing use) is located directly east of, and
adjacent to, this proposed area the applicant has stated that there is "sufficient distance " in terms of
cumulative impacts to air quality. Given that the current proposal will be required to obtain the
necessary air quality perm its from CDPHE, and that the Una Pit is subject to the same standards staff
would not foresee issues that cannot be adequately mitigated.
5.17.03 , Noise / Vibration
All gravel extraction operations in the County shall comply with applicable County, State, and
Federal regulations regulating noise pollution and shall not be conducted in a manner
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constituting a public nuisance or hazard. Volume of sound generated shall comply with the
standards set forth in the Colorado Revised Statutes at the time any new application is made.
1) An Applicant shall submit a noise study that demonstrates the proposed gravel
operation can meet the requirements in the matrix below based on measuring the
sound levels of noise radiating from a property line at a distance of 25 feet or more
beyond the subject property. (The image to the right shows a dashed line at 25 feet
beyond the subject property where noise shall be measured.)
2) Note, the dB(A) threshold shown below shall be that of the receiver and not that of
the emitter. For example, while the gravel operation would be considered an
industrial operation, the dB(A) levels shown below are measured according to the
neighboring uses so that if a residential use was located adjacent to the operation,
sound levels could not exceed 55 dB(A) from 7 AM to 7 PM and 50 dB(A) from 7
PM to 7 AM.
- Zone ...
7 um to 7 m
„7 pm to 7 ain
Residential
55 dB(A )
50 dB(A)
Commercial
60 dB(A
55 dB(A)
Light Industrial
65 dB(A)
70 dB(A
,Industrial
80 dB(A
75 dB(A)
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.
Staff Res onse
The applicant has submitted a noise assessment in which the sound engineer has reviewed the site,
adjacent use, background ambient noise levels, and equipment noise levels related to this operation.
The adjacent uses determine the maximum allowable noise levels which, for this site, will varyfrom
residential at the southern boundary to industrial levels to the north and east.
The sound engineer determined that the use of berming (15' high) along the southern and eastern
boundaries of each phase during extraction activities will mitigate noise levels so that they are
compliant with statutoiy requirements for the adjacent uses. Residential noise levels are required on
the southern boundary while industrial noise levels are utilized for compliance on the north and east.
Additional recommendations contained in the noise assessment include fitting all equipment with
noise control devices such as mufflers, intake silencers, baffles and screens and all mobile equipment
shall be fitted with "white noise" backup alarms.
Jim Rada, Environmental Health Officer, has responded that additional noise level monitoring will
take place during pit development and operation to determine ongoing compliance with State Statute,
Mr. Rada recommends that the operator work with adjacent property owners in evaluating noise
impact on their properties as there may be topographic and meteorological affects in how the sound
travels in the area.
5.17.04 Visual Impacts
All applications for gravel extraction shall address the following:
1} All gravel operations proposed to mine areas greater than 30 acres shall be designed in
multiple phases in order to minimize the visual impact of the gravel pit primarily by logical
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Pag,e 13
"sequencing" and "overall layout" of the pit's design.
2) Design of the proposed use including the storage of heavy equipment is organized to
minimize impact on adjacent uses of land through installation of screen fences, berming, and/
or landscape materials on the periphery of the lot and by location of intensively utilized areas,
access points, lighting and signs in such a manner as to protect established neighborhood
character.
3) At the discretion of the County Commissioners, all outdoor storage facilities may be required
to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent
property.
4) New long -term (more than one year) mining operations will minimize visual impacts along
entryways to growth centers. Planning Commission and/or the Board of County
Commissioners will determine sufficiency of minimization.
5) All application shall include a " Berming, Screening, and Buffering Plan" to aid in visual
screening. Provisions in this plan shall be in place prior to commercial mining. Prior to site
disturbance, the Applicant shall obtain a grading permit from Garfield County. The Applicant
shall invite the Staff from the County Building and Planning Department to the site to inspect
that the installation occurred pursuant to the plan presented to the Board of County
Commissioners prior to the commencement of any commercial activity and issuance of the
SUP.
6) All lighting shall be the minimum necessary, directed inward and downward towards the
property.
7) Unless otherwise determined by the Board of County Commissioners, mining operations shall
be allowed to progress so long as the previous pit has been reclaimed within 6 months after
the commencement of the new pit mining operation. zf the reclamation has not commenced in
six months or have been completed within eighteen (18) months, all mining operations on the
property shall stop until the reclamation 1 revegetation has occurred to the satisfaction of the
County. Completion, including but not limited to top - soiling, seeding, mulching, sapling
planting, and water filling of the lake, shall be determined by the provisions contained within
the reclamation plan approved by the Board of County Commissioners.
Staff Response
°';.. .._
! r'
6t $ y}
a`
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The above graphic provides the proposed facilities layout which is a dedicated area in the northeast
corner of the site. This area will contain an office trailer, water and sanitation, refuse and fuel
storage areas, scales and parking. The crushing and screening operations occur adjacent to the
facilities area within the boundary of Phase N. That equipment will be moved to an adjacent area
when mining commences in Phase III.
The facilities area is located to avoid impacts to the residential properties located to the south and
southeast and provision of this area further maintains a dedicated site for these uses during the life of
the operation. The location of the crusher and screener facility is centrally located which provides an
additional noise buffer to the adjacent properties. According to County GIS Data the nearest
residence is over one thousand feet from the property boundary. Structures in the Travellers
Highlands commercial subdivision are at least 250 feet to the north of subject property boundary.
Lighting will be the minimum necessary for safety purposes and limited to the facilities area since
there are no night -time operations planned at the site.
Storage of heavy equipment is not requested in this application except for necessary equipment that
will be utilized in the extraction operations. Topsoil and overburden stockpiles will placed on the
south side of the project where this material will function as berms to screen the extraction activity..
5.17.05 Impacts to County Road System
1) All applications for a gravel extraction operation shall submit a traffic impact study prepared
by a professional traffic engineer that identifies projected volumes of traffic through the life of
the project, expected haul routes and any improvements street improvements adequate to
accommodate traffic volume generated by the proposed use and to provide safe, convenient
access to the use. These improvements shall either be in place or shall be constructed in
conjunction with the proposed use.
2) Truck traffic will not access the mining operation through residential or commercial areas, or
such traffic will be mitigated.
3) The Applicant shall submit evidence of insurance for a minimum of $1,000,000 to cover any
damages to public and private property, and Garfield County shall be named as an additional
insured.
4) Roads used to access the construction site from the mine will be upgraded to withstand the
additional traffic, and the permittee will prevent road damage and mitigate dust, under the
supervision of the Road and Bridge Director.
5) The Applicant shall obtain driveway access permit/s issued by Garfield County Road &
Bridge Department at specific locations to be approved by the Road and ridge Department.
These permits shall have conditions specific to the driveway/s. This may include stop sign/s at
entrance to County Road. The stop signs and installation shall be as required in the MUTCD
(Manual on Uniform Traffic Control Devices). Paved or concrete aprons shall also be
required as specified by the issued permits.
6) If road damage on a County Road becomes evident due to the traffic generated from the
gravel pit operation, the Road and Bridge Department shall require that repair or replacement
of the road surface as determined by Garfield County Road & Bridge Department become the
responsibility of the owners or operators of the gravel pit operation.
Siaff Response
The applicant has included a traffic studyprepared by Felsburg, Holt and Ullevig in August of2007.
Response from both CDOT and County Road and Bridge included comment regarding the
insufficiency of the data due to changes in the area traffic since 2007. CDOT also commented that
14
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Pa -ee 15
the background traffic numbers in this study were substantially different from information received
from other applications in this vicinity. An update to this information is required and will be
necessary in order to obtain the required permits. Staff has included a recommended condition of
approval for the requirement ofa State Highway Access Permit and a Driveway Permitfrom Road &
Bridge prior to issuance of the Special Use Permit.
This intersection has been reviewed previously during other applications in this area and discussion
occurred regarding the necessity of improvements at the intersection ofCR 300 and State Highway 6
As with similar applications, Staffrecommends a condition that the Applicant obtain a State Highway
Access Permit due to the fact that the traffic generated from the use will exceed the CDOT 20%
threshold.
The Applicant has provided information regarding the driveway improvements including an adequate
width to assure a safe turning radius both into and out ofthe site, This access is planned to be paved
thereby mitigating the dragging of mud onto the County Road by trucks leaving this site.
Road and Bridge included comments regarding the current use of the shoulders along the west side of
CR 300 as a stopping area for trucks. This has caused the shoulders to erode and has negatively
impacted the ditches along the roadway. It is unknown if this traffic is related to the Una Gravel Pit
or if it is related to the Oil and Gas Industry.
Standard issues identified by R &B include the requirement for oversize%verweight permits for
vehicles, as well as notice that road repairs / improvements of CR 300 may require participation of
the applicant.
5.17.06 Impacts to Wildlife
1) The Applicant shall demonstrate the presence or absence of Threatened and Endangered
species as well as the presence or absence of critical habitats for Threatened and Endangered
species.
2) The Application shall contain a Wildlife Impact Analysis prepared by a professional that
identifies existing wildlife habitat and impacts on wildlife as a result of the project which may
include but be not limited to impacts to domestic animals through the creation of hazardous
attractions, alteration of existing native vegetation, blockade of migration routes, use patterns
or other disruptions.
Staff Response
The application did include a Wildlife Assessment Report prepared by Rocky Mountain Ecological
Services, Inc. in which they discussed the existing wildlife habitat and impact thatmay result from the
operation of the proposed use. The biologist included a list of Impact Minimization
Recommendations including:
1, Lighting— excessive or night -time lighting is not recommended in order to allow big game
use of the area;
2. Roads — Minimize fencing along the roads and remove old, non functional fences to facilitate
movement and retaining walls should minimized;
3.- Fences — specifications and requirement for snow fencing or silt fencing;
4. .Landscaping and Revegetation — Since the area is used as winter range and critical winter
range, the reclamation of the site will need to occur using native plan species and vegetation
profiles. Revegetation should occur as soon as possible with planting in the spring
recommended due to big game having left the area.
5. Dogs — Dogs should be under leash control. Dogs are sometimes brought to the site by
15
RTZ Gravel Pit
BOCC — 611109
Paze 16
contractors and there have been issues reported about the dogs harassing the wildlife.
These items are recommended as conditions of approval for this proposal.
5.17.07 Compatibility with Surrounding Land Uses
The following regulations shall apply to all gravel operations in the County:
1} No permit shall be approved unless sufficient distances separate such use from abutting
property which might otherwise be damaged by operations of the proposed use(s).
2) The equipment storage area is not placed any closer than 300 ft. from any existing residential
dwelling.
3) Loading and unloading of vehicles shall be conducted on private property and may not be
conducted on any public right -of -way.
4) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres
in size.
5) Any lighting of storage area shall be pointed downward and inward to the property center and
shaded to prevent direct reflection on adjacent property.
6) Shall be compatible with surrounding agricultural, residential, and recreational land uses by
selection of location and /or mitigation.
7) The proposed operation will be located a sufficient distance from other mining operations so
as not to create non - mitigatable cumulative impacts to roads, air and water quality, or other
resources and amenities.
8) Unless otherwise determined by the Board of County Commissioners, The gravel pit hours of
operation will be 7:00 a.m. to 8:00 p.m. Monday through Saturday with crushing, digging,
and heavy hauling allowed from 7:00 am to 6:00 pm allowing for administrative and
maintenance activities to take place until 8:00 p.m. No operations except emergency
maintenance to ensure the integrity of operating equipment shall take place on Sunday.
Staff Response
The surrounding uses are industrial in nature including the UNA Gravel Pit, the Orchard
Compressor Station, Strong Contractor's Yard and P UD as well as the commercial/industrial uses at
Traveller's Highlands. The proposed gravel extraction activity is compatible with those existing uses.
In addition, the regulations require the applicant demonstrate that sufficient distance separates this
proposal from an adjacent gravel pit (Una Pit) due to cumulative impacts of two such operations in
close proximity.
The Applicant has responded that it is doubtful that concurrent operation of the two pits will occur
since the Una Pit is near the end of its operational life and reclamation has commenced on portions
of the site. Even so, if the two pits would operate concurrently the applican is unaware of any
cumulative impacts that could not be adequately mitigated.
5.17.08 Reclamation / Enforcement
Reclamation shall be done to create an aesthetically pleasing site or reclaimed area that will
blend with or improve upon the surrounding areas. All applications shall submit a
Reclamation Plan that specifically addresses the following aspects of reclamation: slopes,
vegetation, lake / pond shape & character, wildlife habitat / agriculture, phasing and berms.
Additionally, The State of Colorado Division of Reclamation, Mining and Safety has
minimum standards for reclamation. For example, reclaimed slopes are typically required to
be 3:1 or shallower. This standard creates stable slopes but does not necessarily result in a
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Page 17
landscape that blends with the surroundings. The same is true for other aspects of reclamation.
All Reclamation plans shall follow the following design criteria:
1) Slopes
a) Wetland Criteria: Varied slopes predominantly 5:1 or shallower, at
least 80% 5:1, and 25% 10:1 or shallower in wetland zone.
b) Dryland Criteria: Varied slopes predominantly 5:1 or shallower,
seamlessly blends with surrounding landscape.
Wetland Shelf Design:
For areas not edjecent
to existing wetlands
Cottonwood 53pllngs Planted
Or Existing Trees Avoided
}� ?.75' Wcliend Shelf
,'ar Orfolr,31 Pre- talnl,g 3url3cE
Approximate LskeSurface
3
--
Topsoil Replaced 5' Wetland Frinne
to Depth of 1.0, 3 Sumps antl Rools
.. .,...-
Placed in Pies
on tha Lakc Bottom
107 Fish Habitat
Fiamn 111 - Fxamnle of Slone diagram_
2) Vegetation
a) Wetland Criteria: Variation in revegetation, revegetation to include
planting of trees and/or shrubs, if seedlings or sprouts plantings occur as part
of phased reclamation and not just at the end of the mine life. Established
trees or shrubs in final reclamation phase are at least 8' tall or 2" caliper
trees or 5 gallon shrub containers. Active irrigation shall be employed in
revegetation areas during the life of the mine or until revegetation is self -
sustaining.
b) Dryland Criteria: Variation in revegetation, revegetation to include
planting of trees and/or shrubs, if seedlings or sprouts plantings occur as part
of phased reclamation and not just at the end of the mine life. Established
trees or shrubs in final reclamation phase are at least 8' tall or 2" caliper
trees or 5 gallon shrub containers. Active irrigation in revegetation areas
during the life of the mine or until revegetation is self-sustaining.
3) Lake / Pond Shape and Character: Reclamation with multiple ponds or lakes
with substantial islands or peninsula (at least 20% of total surface) to break
up surface, undulation of shorelines provides natural appearance.
4) To the extent permitted by law, unless all disturbance created by the mining
operation is covered by a reclamation bond under jurisdiction of the
Colorado Division of Reclamation, Mining and Safety, or by the federal
government on federally owned lands, a bond or other acceptable financial
performance guarantee shall be submitted in favor of Garfield County in an
amount of at Ieast 150 percent of the cost of restoration of the site and.access
roads. The required amount of such financial performance guarantees may
be increased at the discretion of the Board of County Commissioners to
account for inflation. A bid for site restoration acceptable to the permittee
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Paze 18
and Garfield County shall be submitted to the Planning Department as
evidence of the cost of reclamation for bond setting purposes.
5) To the extent permitted by law, the Board of County Commissioners may
require a financial performance guarantee in addition to that required by the
Colorado Division of Reclamation, Mining and Safety to insure that certain
conditions of a permit will be complied with. The required amount of such
financial performance guarantees may be increased at the discretion of the
Board of County Commissioners to account for inflation. The County will
not require financial guarantees that are duplicative of that required by the
DRMS.
6) The operator will submit an annual report to the County Building and
Planning Department with GPS measurements shown on a map showing the
current disturbance, what areas have been backfilled, where topsoil
stockpiles are located, all site structures, what areas have been seeded,
mulched and what is planned for the ensuing 12 months.
7) The County commits to notifying the Operator of any compliance concern
and allows an inspection with site personnel and the designated County
inspector prior to contacting any agency.
8) The County can request a site inspection with one day's notice to the
Operator. Full access to any part of the site will be granted. On request, all
paperwork must be shown. The County cannot request a large number of
inspections that would interfere with normal operation without cause.
9) A full list of all other permits shall be provided to the County. Any person at
any time can call the following agencies directly and request an inspection if
they believe a condition of that agencies permit is being violated.
a. CDPHE Air Quality Control 303 -692 -3150
b. CDPHE Water Quality Contro1303- 692 -3500
c. US Army Corps of Engineers 970 -243 -1199
d. Division of Reclamation, Mining and Safety 303- 866 -3567
e. CDOT Grand Junction office 970 - 248 -7000
10) The County will be invited to any bond release inspection of the State
Division of Reclamation, Mining and Safety. The County inspector will have
the opportunity to demonstrate that any item of the permit has not been
complied with and that bond should not be released.
11) The Operator acknowledges that the County has performance standards in
place that could lead to revocation of the Special Use Permit if continued
violations of the permit occur over a period of time.
12) The County shall not issue a Special Use Permit until all required local,
state, and federal permits have been obtained and submitted to Garfield
County including but not limited to the municipal Watershed Permit,
CDPHE, USACE, NPDES, Division of Water Resources (approved well
permits and plan for augmentation), etc.
13) The reclamation plan approved by Garfield County in the Special Use Permit
shall be resubmitted to the DRMS to become the only reclamation plan
(tasks / timetables) used by both the County and DBMS. Additionally, a
bond shall need to be calculated to cover this plan and secured with DBMS
to cover its implementation.
14) The Applicant shall provide locations of county listed noxious weeds on a
map. Once the inventory is provided the Applicant shall develop a weed
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Page 19
management plan that addresses all county listed noxious weeds found on
site. This weed management plan shall be submitted to the County
Vegetation Manager for approval prior to the issuance of a SUP.
Staff Response
The proposed reclamation of the site includes ponds that incorporate undulating shorelines and
recommended slopes to S' below the water surface. The Applicant has also stated that there may be a
future residential component requested on this property.
Conditions of approval regarding the reclamation plan are those standards previously applied to
gravel pits recently approved by the BOCC and compliant with the above regulations.
X. STAFF DISCUSSION
A. Road impacts to CR 300 and the intersection with Highway 6 have recently been discussed,
particularly the condition of the intersection given the amount of traffic utilizing the area. This
issue becomes more evident as development in the area has occurred and applications have been
submitted for additional projects. It has reached the point where intersection improvements are
now required. The Applicant will be required to obtain a State Highway Access Permit prior to
commencing this use should it be approved. The issuing of the permit may result in
improvements being required at the intersection, improvements which we now know may cost
approximately $2,000,000 to complete. The Applicant has stated that they are willing to pay their
fair share for those improvements. A condition is recommended regarding the necessity of
obtaining a SHAD, however prior to applying for that permit the Applicant must update the
existing traffic numbers which both CDOT and Road & Bridge have said are out -of -date.
Further discussion is required regarding the proposed haul route, as stated in the application the
State Highway system will be the primary route. However given the amount of activity to the
south of CR 300 it would appear that the County Road system may be utilized as well. If so, there
may be safety issues and adverse impact to air quality standards due to the hauling of sand and
gravel. Staff has recommended a condition requiring truckloads be covered to mitigate this issue.
B. Compatibility and cumulative impacts are issues that are raised throughout the Gravel
Regulations. Certainly the compatibility issue has been met given the industrial nature of the
Highway 6 1 CR 300 vicinity -- it is important to note that much of this activity is related to the
abundant natural resources found both along the Colorado River and in the western portion of
Garfield County. Though rich in natural resources there is also a significant population that
resides to the south of the Colorado River and they have been impacted by the effects of extraction
activities related to both gravel and Oil & Gas.
The Colorado Geologic Survey resource map clearly shows this site as a Category 1 with High
Potential for resource. This category is typical of the alluvial river valley where significant gravel
deposits lie, and since extraction can only occur where there is resource it is not unusual to see
gravel pits along river corridors. Cumulative impacts are sure to result to air quality, water quality
and traffic when there are numerous operating pits within close proximity to each other and
negative impacts may occur to nearby residences as well. Staff has reviewed the information
supplied by the Applicant regarding demonstration that cumulative impacts can and will be
mitigated, however the Board of County Commissions must make a finding that sufficient
separation exists between these two gravel pits.
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Pave 20
XI. PROPOSED FINDINGS
1. That proper posting and public notice was provided, as required, for the hearing before the
Planning Commission and Board of County Commissioners;
2. That the hearings before the Board of County Commissioners and the Planning Commission
were extensive and complete, that all pertinent facts, matters and issues were submitted and
that all interested parties were heard at the hearings;
3. That for the above stated and other reasons, the proposed Special Use Permit MAY BE in the
best interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County IF RECOMMENDED CONDITIONS OF APPROVAL ARE
REQUIRED;
4. That the application MAY BE in conformance with the 1978 Garfield County Zoning
Resolution, as amended and the application MAY BE in conformance with the
Comprehensive Plan of 2000, as amended IF RECOMMENDED CONDITIONS OF
APPROVAL ARE REQUIRED.
XII. PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed this application at a Public Hearing held on March 25, 2009
and hereby provides the Board of County Commissioners with a recommendation of APPROVAL
with the following conditions:
1. All material representations made by the Applicant and their representatives in the application
or during the public hearing must be adhered to as conditions of approval unless otherwise
stated by these conditions.
2. This approval shall expire if the Special Use Permit has not been issued within one year of the
date of approval of the application. The Special Use Permit shall expire fifteen (15) years
from the date of issuance. If mining operations have not ceased and reclamation of the site
has not been completed to the satisfaction of Garfield County and the DRMS, the Applicant
may request an extension of the permit be granted by the Board of County Commissioners.
3. The operation of this activity must comply with all local, state and federal requirements.
4. Hours of Operation related to mining activity shall be limited to 7 a.m. to 8 p.m. Monday
through Saturday with crushing, digging, and heavy hauling allowed from 7:00 a.m. to 6 p.m.
allowing for administrative and maintenance activities to take place until 8:00 p.m.
5. The site is required to comply with the recommendations contained in the Noise Assessment
Report prepared by EDI, Inc. as follows:
a. Noise control methods such as barriers or berms using overburden or stockpiles may
mitigate the noise emissions from stationary equipment;
b. All equipment operated by the Applicant will be fitted with noise control devices such as
mufflers, intake silencers, baffles and screens that are equal to or better than
manufacturer's original configurations.
c. Customer's haul trucks shall not exceed the noise limits listed in CRS 25 -12 -107. The
Applicant or the Applicant's pit operator may monitor the noise emissions of the
-PAZ
RTZ Gravel Pit
BOCC -- 611109
Page 21
Customer's haul trucks and prohibit their access to the pit until they are in compliance
with the noise emission limits.
d. All of the Applicant's mobile equipment used at the pit shall be fitted with the "White
Noise" Backup Alarms that have been installed and adjusted to meet the requirements set
forth by the U.S. Department of Labor, Mine Safety and Health Administration (MSHA).
Prior to issuance of the Special Use Permit copies of the following permits, or sufficient
demonstration thereof, must be submitted to the Building and Planning Department and said
permits must be consistent with the approvals granted herein:
a. Well Permits consistent with the Court Decree of Case No. 07CW88 (including
application for variance approval to the Board of Examiners for Water Well Contracts)
and satisfactory to allow for construction and on -going maintenance of ponds associated
with reclamation of the site;
b. Division of Reclamation and Mine Safety 112 Permit and reclamation plan;
c. State Highway Access Permit;
d. Garfield County Road & Bridge driveway permit;
e. The general mining Air Pollution Emission Notice (APEN);
f. The dust mitigation plan Air Pollution Emission Notice (APEN);
g. The crushing and screening equipment (individual) Air Pollution Emission Notice
(APEN);
h. If necessary, an Air Emission Permit related to mining operations that produce greater
than 70,000 tons per year;
i. Process Water and Stormwater Discharge Permits;
Construction De- watering Permit.
Any person at any time can call the following agencies directly and request an inspection if
they believe a condition of that agencies permit is being violated:
CDPHE — Air Quality Control 303 -692 -3150
CDPHE Water Quality Control 303 -692 -3500
US Army Corps of Engineers 970 -243 -1199
Division of Reclamation and Mine Safety 303 -866 -3567
Colorado Department of Transportation 970 -248 -7000
Prior to issuance of the Special Use Permit the Applicant shall submit affidavits from water,
wastewater and waste disposal companies for service compliant with the approvals granted
herein.
8. A Floodplain Permit is required prior to issuance of the Special Use Permit.
9. All operational activities including, but not limited to, office space, employee parking, fuel
storage, sanitation facilities and equipment storage shall be limited in location to that area
which is identified on the site plan as the Facilities Area.
10. Pursuant to the recommendation of the Colorado Division of Wildlife on -site refuse
containers must be bear - proof.
11. The site must adhere to the recommendation of their wildlife biologist as follows:
a. Lighting — excessive or night -time lighting is not recommended in order to allow big
game use of the area;
b. Roads — Minimize fencing along the roads and remove old, non functional fences to
21
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BOCC — 611109
Page 22
facilitate movement and retaining walls should minimized;
C. Fences -- specifications and requirement for snow fencing or silt fencing;
J Landscaping and Revegetation — Since the area is used as winter range and critical
winter range, the reclamation of the site will need to occur using native plan species
and vegetation profiles. Revegetation should occur as soon as possible with planting
in the spring recommended due to big game having left the area.
e. Dogs —Dogs should be under leash control.
12. In any mining phase, the mined slope length will be backfilled at a minimum of 3H:1 V prior
to topsoiling and seeding.
13. The amount of mined slope allowed to be present that is not backfilled at any given time is
1000 feet.
14. The amount of backfilled slope that is not topsoiled is limited to 400 feet. Topsoiling is
required on all surface areas down to 5.0' below expected water level.
15. Seeding,and mulching according to the approved plan will occur on all topsoiled areas each
spring (March 15 -April 15) or fall (September 15 to November 15) no matter how small the
area is.
16. The mining operations shall be allowed to progress so long as the prior phase has been
reclaimed within 6 months after commencement of the new phase of mining operation. If the
reclamation has not commenced in six months, or if reclamation has not been coinpleted
within 18 months, all mining operations on the property shall stop until the reclamation /
revegetation has occurred to the satisfaction of the County. Completion, including but not
limited to top - soiling, seeding, mulching, sapling planting, and water filling the lake(s) shall
be determined by the provisions contained within the reclamation plan approved by the Board
of County Commissioners.
17. The operator will submit an annual report to the County Building and Planning Department
with OPS measurements shown on a map showing the current disturbance, w hat areas have
been backfilled, where topsoil stockpiles are located, all site structures, what areas have been
seeded, mulched and what is planned for the ensuing 12 months.
18. The County commits to notifying the operator of any compliance concern and allows an
inspection with site personnel and the designated County inspector prior to contacting any
agency.
19. The County can request a site inspection with one day's notice to the operator. Full access to
any part of the site will be granted. On request, all paperwork must be shown. The County
cannot request a large number of inspections that would interfere with normal operation
without cause.
20. The County will be invited to any bond release inspection of the State Division of
Reclamation and Mine Safety. The County inspector will have the opportunity to demonstrate
that any item of the permit has not been complied with and that the bond should not be
released.
21. The Operator acknowledges that the County has performance standards in place that could
lead to revocation of the Special Use Permit if continued violations of the permit occur over a
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BOCC -- 61I 109
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period of time.
22. The reclamation approved by Garfield County in the Special Use Permit shall be resubmitted
to the DRMS to become the only reclamation plan (tasks 1 timetable) use by both the County
and DRMS. Additionally, a bond shall need to be calculated to cover this plan and secured
with DRMS to cover its implementation.
23. The Applicant shall provide locations of County listed noxious weeds on a reap. Once the
inventory is provided the Applicant shall develop a weed management plan that addresses all
County - listed noxious weeds found on site. This weed management plan shall be submitted
to the County Vegetation Manager for approval prior to the issuance of the Special Use
Permit.
24. Prior to issuance of the Special Use Permit the Applicant shall submit evidence of insurance
for a minimum of $1,000,000 to cover any damages to public and private property, and
Garfield County shall be named as an additional insured.
25. A Berming, Screening and Buffering Plan shall be submitted to Building and Planning prior
to the Board of County Commissioner public hearing on this application. This information is
currently contained in various areas within the submittal documentation however staff
requests one document, entitled as above, containing the related information.
26. The existing Special Use Permit for gravel extraction activities on the site shall be revoked
upon issuance of the Special Use Permit for this application.
23
GARFIELD COUNTY
BidOng & Ptmning Deparment
Review Agency Form
Date Sent: February 3, 2009
Comments Due: February 24, 2009
Name of application: RTZ Gravel Pit
Sent to:
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline- This form
may be used for your response, or you may attach your own additional sheets as
necessary- written comments may be mailed, e- mailed, or faxed to:
Garfield County Building & Planning
Staffs contact: Kathy Eastley
109 a Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970 - 384 -3470
Phone: 970 -945 -8212
General Comments: Cmffield County goad & Brdge Department has no objections to
this lication with the fall ' comments.
Garfield Couniy Road &Bridge Department would request an onsite iospec9on_w th all artier to discuss wave to alleviate„ problems along the west side of Cr. 300
the sub'ect 's would include blems with ala the west
side of Cr. 300 and 4r4W a issues along the west side of Cr. 300 bordering the subject
if the traffic counts used from the Garfield County we te are the 2002 traffic cairnts�e
would reauest a neWjMfflr Wo bggeAon the emunt traffic 1 on C 300. We would
request a current traffic count at the intersection of Cr 300 and State Highway 6 an Cr.
340 and & omg jMffl—Q count at IbS Una Bri croldgg the Colorado River oU 'Cr. 300.
We would KpgM that the kyeway it be issued Mdth a Mijimum. entrance
opening of 100 -feet width to g22pmmodate trucks hrrnjng without crossing Cr. 300 when
enterin or xi ' lheddyemyaccm-
We have concerns about the number of trips herd y.based on a0–vj o m other gravel
pits in the local area and if these are hard numbers that we can count on &nm the sujb eft
gravel p it
All vehicles merit Wd mate vials for thus grojeat shall abide by Garfield
o 's ovetsize/ov 't stem. All ehicies uirin aversize%v
1 for OM at CMXAeld Coua Road & ffn
:do RWrtment . All of Cr
30.0. is covered under Garfield 99unt3f s oversizefoverwe' ghA R2=iL�
State ffWkway 6.
ng licant M be asked to g9jqjM in mqd MRlig and or mad immovements to Cr.
300 dam^ Wj ap�Lic will be Mired to clams as
thus life time of ttds ect. The red., Y
contaminants from their operation t1w is deposited on Cr. 300. This would MI de mud
rocks ar
my tw of debris ftm their 'an.
Revised 3/30100
GARFIELD COUNTY
Building & Planning Department
1 Review Agency Form
Garfield County Road & $ridge Dm9 ment would ask to reserve the right to make
fitrtlier comment W& to final Wwval of this pWject should other issues arise.
Name of review agency: Garfield Conn Road and ri a Dot
Sy: Jake 8. Mali _ - — Date Februml10.2009
Revisers 3/30100
MEMORANDUM
To: Kathy Eastley
From: Steve Anthony
Re: RT'Z Gravel pit SlJP17108
Date: February 23, 2009
Noxious weeds
Mapping and inventory:
The applicant refers to noxious weeds in the Reclamation Plan and in the 'Wildlife Assessment Report;
however specific locations are not detailed.
Staff requests that the applicant provide a noxious weed inventory and map with their application.
Once.the inventory is provided the applicant shall develop a weed management platy that addresses all
county listed noxious weeds found on site in areas that will be unmined This includes the weedy trees,
Russian olive and tamarisk.
Management
The weed management plan should provide for mmedu to treatment of the aforementioned species in areas
where haul truck activity is prevalent The applicant shall also address long tam m naagement of Russian
olive and tamarisk along the reclaimed ponds. We continue to see a proffmadom of Russian olive and
tamarisk along the shorelines ofthe newly reclaimed ponds in forma gravel pits. The applicant needs to
address a strategy for Russian olive and tmansk mranagemeat.
Kathy A. Eastley
From: Jim Rada
Sent. Monday, March 09.2009 3:39 PM
To: Kathy A. Eastley
Subject: RE: RU Gravel Pit .
Attachments: Jim Rada Gradafgarfield- c:ounty.com).vcf
Kathy,
I offer the following comments on the referenced SUP application:
1. The Air Pollution Emission Notice-(APEN) included with the dust mitigation plan is not signed
and therefore would be considered incomplete by the CDPI IE APCD.
2. Individual APENs must be submitted for each piece of crushing and screening equipment along
with the general mining APEN application. This is clearly and prominently stated on the Mining
Operations ADEN application. No additional APENs were included m the submittal.
3. The CDPB E APCD has no record in their databases of an APEN being submitted for RTZ
Gravel Pit, LLC.
4. According to the CDPFIE APCD, any gravel mining operation producing over 70,000 tons per
year generally will be required to have an air emission permit. There is no information in the
submittal that the applicant has applied for an emissions permit from the APCD.
5. According the CDPHE APCD, all necessary permits or written confirmation of exemption must
be in place before any construction on the site can begin.
6. The hours of operation stated on the Narrative (7 AM to 8 PM, Monday through Saturday from
March through November. December through February,7 AM to 6 PM, Monday through
Saturday) are inconsistent with the hours of operation on the APEN applicaflon (12 hours per
day, 5 days per week) included in the dust mitigation section of the submittal. According to the
CDPHE APCD, this can represent a significant issue in terms of the air quality emission permit.
7. The dust mitigation plan is somewhat vague. As close as this operation is to the highway and
county roads, strong dust management is not only necessary to prevent air pollution issues but
also to mitigate potential safety hazards on the roads due to visibility impairment.
8. The Process Water and Storuiwater Discharges Associated With Sand and Gravel Operations
permit and the Stormwater Permit applications submitted with the SUP application are not
signed and I have not been able to contact the CDPHE WQCD to determine if they are in receipt
of these applications. There is no permit certification in the CDPHE on -line stormwater permit
spreadsheet for this operation. All required state water quality permits must be in place before
earth disturbance can begin.
9. The letter from EDI included in the noise study appendix and dated 12/31/08 indicates that
additional noise level monitoring will take place during pit development and during operation of
the pit to determine compliance with the State Noise Statutes. I recommend that in addition to
25 feet from the property boundaries, that the operator work with neighboring homeowners to
evaluate noise on their properties during these phases as meteorological and topopupiucal
conditions can make a big difference in how sound travels in that area. Sound level surveillance
that I have done in this area in the past showed noise levels from the existing pit coming very
i, close to the permissible residential sound level of 55 dBA at over 1000 feet from the pit
operations.
Thanks for the opportunity to review this application_
3/9/2009
Kathy -A. Eastley
From: Roussin, Daniel [ Daniel.Roussin@DOT.STATE.CO.USJ
Sent: Friday, February 13. 2009 4:39 PM
To: Kathy A Eastley
Cc: Babler, Alisa; Yeates, Sean
Subject: Specialty Restaurants Corporation
Kathy -- As you are aware, CR 300 has another development (Strong Subdivision) which will
impact the roadway by 20 %. The traffic study provide (dated August 17, 2007 by FHU) is
outdated. The normal practice for a traffic study submittal is one year. This one Is over 20
months old. I don't know why the existing numbers are different than the Strong Subdivision
(over 200% difference) The study time was within a month of the Strong study (Sept 14, 2007).
Based upon the FHU study, this-project would still need an access permit for their use. 1
would recommend that the two uses combined into one study to show what exactly is needed
at this intersection with all the impacts.
I have spoken with County about the irriprovements and it appears that the County is
investigating the possibility of the improvements. CDCT is willing to work with the County on
the access project administration, but CDOT doesn't recommend that this project move
forward until all the needed safety improvement are in place at CR 300AJS B.
Let me known how I can help you go thru the access process. I am willing to schedule a time to
work with both applicants and the County on this project. If you have any additional questions,
please let me know.
Dan Roussin
R3 Permit Manager
222 South 6th Street, Rm 100
Grand Junction, CO 81501
970 - 683 -6284
970 - 683 -6290 Fax
3/9/2009
STATE of coLORADO
sin Rifer, Jr.. Gwarn" ,
DEPARWENT OF KAXURAL P28MMM
DIVISION OF W, ILDLIFE
MMMOMORnMYOMOYM
Thormo F- ftff*00n, Mf0cW
No Brom"
cwww. Cokado 8M6
=Mlf 1-1 192
February 23,209
Kathy. Eastley
Staff Planner
log e Street, Suite 401
Glenwood Songs, CO 81601
(970) 945-19212
act
via q 529
GWVo% r%o
ic.- I
Pole
Re: RTZ Gravel Pit / SUP17108 / Gravel Pit / Garfield County
DM Ms. Rastley:
For Wddife-
For Peopk
nately-131-
Thmkyo4 for the opppftwgy to conmumt on the proposed RTZ Gr.ayel Pd- .1 appro".
am sjt� is 1,,V*A 5, mflm mouth town of p0rachuW an the west side of CR 300. at 6'
lbi rI4 of the
�,ft -diW4 in the County of Garfield and State of Colorado.
The MisAc%of* eAbance, and manage
ofthe pwple, of Colorado and itg •
vwtom One of the ways we adbieve our is to &nnment on land we piopos� such as tbi
request we have received from your agency:. Our goal is to pvdde wmpje,,, consistent and timely
inflonnation to an entities who request conmumt on matters within our staUtorY auftntY and our.
mission.
Wildlife Habitat
IU 131 -acre site . Ow be br0bM down into flu" distfift habitat types' As the Wildlife Asseament
Report from Rocky Momtain FC610giC4d Samew ebm on page 2, the proposed gravel. Ft is on
propeity with an upland portion dominated by ptasewood and to a lesser extent, rabbit bna& Also
am num-m* borrow pits, fim which berms and levees have been erected in an attempt to.
present River. Finally, o�a tbe, . math side of propffLy, new ft Colorado
04FOX01 flooding of the'QQ10*9
-W 1-
or, a
pn=-
bainih dei o�
&V
bj�"edby bderstaft 79,,wgth is ��On eao side to prove ingress
n4&e1i1-id0ffl1t,-FbP0LV8 - . - . ' the east
WUM. and by Stjw M&way. 6-and 50. the property is bounded on whichprammfly
COMW Road 300, and direedy across am mad there exists a sand and gravel operation
is in pmduction. To the south of the site lies Colorado River, which has been beamed and levied
DWARUCKOFNATUMLRSXXJRCEMHuftD.ShWM%Ewx"Dke*,r
WRMFE o6wisim, Rdwd am. ch* * aw Loom Vice Chak Tim GkM 860MftY
Men*ws, U0rWft$UKft * jM%WCr0*ftd, owgva Fw(s * fty MAn* * Rktad RW * PMW SW08W
r:x0M0MwftM Har&9wmmwdjobn$h*
ftm materials extracted from the site itself However, considering the local development and activity,
wildlife Omtinues to use the property.. Mule deer and elk use the site and surrounding areas curing the
winter mon#hs. As now roads and irked activity on the higher elevations sou& of the Colorado
River have added pressure to deer and elk, the hwrtaance of low - elevation winter range has increased.
The stretch of the Colorado River that runs near the property is saitable. habitat for river otters, marginal
bald eagle roosting areas, and four endangered Colorado River fish species (Colorado pikeminnow,
razorback sucker, humpback chub, and bonytail chub).
Habitat Loss & habitat Fmgmerntation
The two main. mupacts to teaest W wildlife fi-om the proposed RTZ Gravel Pit include the permanent
loss of wildlife habitat and fragmentation of existing habitat. This developmentt will reduce tlo amount
of habitat available for wildlife using this tract; the approximately 41 acres of mined land equate to
habitat loss, primarily for local mule deter and elk. Although. the area will be reclaimed with two ponds,
there will belittle utility to deer and elk, aside from a potentaal water source_ Also, if the site is
subdivided into 24 residential lots and fWhKx developments occurs, Om potential for habitat loss will
only increase. In 9aWTd terms, habitat fi�on occurs any time an object impedes the movement
of wildlife across, the landscape. On this sit, roads, fences, steep berms, and ditches could all lead to
habitat fiagmentation.
The loss of 41 acres of habitat and passible fragmentation across 131 acres may be only slightly harmful
to wildlife on a small scale; however problems can arise when many small - scale losses become, apparent
in the large-scale view of a lev dscape. Thus, the. Colorado Division of Wildlife recomm=ds that
Gar&eld County employ a collaborative approach with local cities and counties along with other
developments within the coudy to maintain wildlife habitat in as whole a state as possible_ BY wildlife
habitat types contiguous and of larger size, the overall benefit to wildlife increases dramatically.
Impact Reduction
The Colorado Division of Wildlife V0009111zes and appreciates the work that Went into Rocky Movmtaiu
Ecological Service's Wildlife Assessment Report• .IU Impact Mmimfi ation. Recomumdations, found
on page 24 of the report, are ecologically sou id and should be strongly considered. gee ons
4.1(tigbting and Game Use), 4.2(Rowh), 4.3(Fenow), 4A(Emdsrapmg and Revegetation), and
43(Domadc Dogs) are appropriate to the site and suggesed for this and future developments.
The area of most concern on this development should be the riparian corridor on the north side of the
Colorado River, and the river itself. The. Impacts Assam section of the Wildlife Assessnent Report
provides a clear summary of the likely impacts of the proposed gravel pits and the resulting effects on
local populations. The Colorado Division of Wildlife recommends no aurface•clistucbing 'activities
within 300 feet of the river. Riparian areas serve an important role both as a habitat for reptiles and
amphibians and other small animals, and as a buffer to river systems. To protect the species present
adjacent to the site and farther downsheam, there should be no reduction of instream flow or decrease in
water quality. Finally, the ponds which are planned for the reclamation stage, if stocked, should only be
stocked with natives fish species. A angle flood event could result in the widespread distribution of an
unwanted species if a.pimd was stocked with a non - native species.
The special use permit application also Includes many impact educing measures, several of which
should be highlighted: There is no asphalt or concrete mitring operations involvexl, reclamation will
occar continuously as mining is completed, a fugitive dust plan has been drafted and there are no
1 To avoid the spread of noxious weeds, equipment should be inspected and
nighttime activities planned-
cleaned before canning to the site, and again before leaving. On a site this. large, there will be negative
imPacts to wildlife, however ttie =pacts can be minimized as much as possible by edhe to the
moons spelled out in the WiIdl& Amassment Report and limiting deviations from the mining Plan.
Furtleer fnformstlan
In most situations, People and wildlife can coexist- Most dangerous and potenWly hmmful encounters
occur because people fad to leave ft animals alone. Wildlife should not be ham . c%*JIV d,
domesticated or —in most cam -fed. intentional or inadvertent feeding Is to major caum of most
wildlife problems.. Black bears are present in the Fa wbo area during the Ong through fall months;
and monmtain HOBS may be found year round in the surrounding country. Th�ere%M the Colorado
Division of Wildlife strongly recommends the use of bear - proof t mh eonnttamw at this she. Additional
information is available ftom the-Dh idon of Wildlife in following brochures: "Don't Feed the Deer,
Living with Wildlife in Coyote Country►, Living with Bears in Colorado, and Living with Wildlife in
Lion Country'.
Thank you again for time opportunity to comment on the proposed RTZ Gravel Pit~ PIease do not
hesiUft to contact us about ways to cxmt3uue managing the pml?erty in order to maximmi wildlife value
While mWmift potential conflict& if you have further questions please contact District Wildlife
Manager Darn Skinner at (970). 255 - 5124.
Sinc�iy,
Ow"�
rr.
Area Wildlife Manager
Colorado Division of Wildlife
'Y AL
fill!
o
February 18, 2009
Kathy Eastley
Garfield County B & P Dept
108 SP Street, Suite 401
Glenwood SprinA CO 81601
Re: RTZ Gravel Pit
Ms. Eastley,
I have reviewed the Special Use Permit — Resource Extraction for the above listed gravel
pit located adjacent to the Una pit It appears that everything follows IFC 2003 and Fire District
requirements. This letter is to serve as approval from the Grand Valley Fire Protection District It
is the responsibility of the owner to make sure that the property complies with International Fire
Code 2003. If you should have any RwditT questions or comments please feel five to contact me
At the number listed below.
Rob Ferguson
Deputy Fire Chief - Operations
Grand Valley Fire Protedtion District
Office: (970) 285-9119
Fax: (970) 285-9748
email: gvfpdons@sonns.net
Cc: Fire Chief Blair
File
RECEI"'D
IAAR
BUG & PLAtNG
March 4, 2009
Planning Department
108' 86 Sum, Suite 401
Garfield County Plaza. Building
Glenwood Springs, CO 81601
Freda. Webb
3063'S. ShWelwoodDrive
Canon City, CO 81212
Gentlemen:
Please accept this letter as my strong opposition to the proposed Special Use Permit
applied for by Specialty Restaurants Corporation and Stockton Restaurant Corporation,
as owners and RT'Z Industrial, LLC, as operatm for "Extraction, Storage; Processing, and
Material Handling of Natural Resouroce for a gravel Pit in connection with those
parcels Weluded in the carresponndenoe received by Certified Mail fi'am Balcomb &
Green, P.C.
1 am 85 and unable to drive. so am unable to attend the hearing. Thank you for the
opportunity to provide my views by mail.
Sincerely,
Freda L. Webb