HomeMy WebLinkAbout2.0 Staff Report Chevron( (
f
Exhibits (06/19/06)
Exhibit" Exhibit
Letter.
(A to Z) I
A Proof of Mail Receipts
B Proof of Publication
c Garfield County Zoning Regulations of 1978, as amended (the Zoning Code)
D Garfield County Comprehensive Plan of 2000
E Staff Memorand_um dated June 19, 2006
F Memo from the County Road and Bridge Department dated 6/13/06
G Letter from Mtn. Cross Engineering dated 06/09/06
H Letter from the Grand Valley Fire Protection District
I Referral comment from the Town of Parachute
J Email from County Vegetation Manager dated Jun 15, 2006
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BOCC 06/19/06
FJ
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT
LOCATION
SITE INFORMATION
EXISTING ZONING
COMPREHENSNE PLAN
Conditional Use Permit for "Extraction and
Material Handling of Natural Resources" for a
Construction Materials Surface Mine
Chevron Shale Oil Company, a Division of
Chevron USA, Inc.
The subject property is located approximately
% miles beyond the end of CR 211 (Clear
Creek Road), approximately 17 miles
northwest of DeBeque
8-acre site located on an approximately
115,000 acre property
Resource Lands (Talus Slopes)
Study Area5
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I. DESCRIPTION OF THE PROPOSAL
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The Applicant requests approval for a Conditional Use Permit to operate a construction materials
surface mine. This proposed use involves removing natural shale I rock material from an existing
hillside located in the geologic formation characterized as talus slopes. The mine site will comprise a
total of 8 acres once fully mined. The subject property is approximately 115,000 acres in size. The
method of extraction is a bulldozer which will dig the material out which is then loaded into dump
trucks to be transported to construction sites around the property. The material will be mined "as is"
such that there will be no processing I crushing I blasting of material at the site. The Applicant
proposes the life of the extraction activity to be between 5 and 15 years depending on the pace and
amount of material extracted for various needs of the Applicant. The Applicant intends to use the
material exclusively for lands owned by Chevron in the area which will use private internal roads to
haul the material. The Applicant proposes limited use of CR 211 (Clear Creek Road) to haul material
to properties owned by Chevron; however, no material will be hauled out onto CR 204 (Road Creek
Road). Hours of operation are proposed from 7:00 AM to 7:00 PM, Monday through Saturday. Six to
eight dump trucks will be accessing the site every day making 3 -4 loads during peak periods of
activity. Water trucks will be used for dust control as needed.
II. GENERAL SITE DESCRIPTION
The site proposed for the surface mining activity is located in the geologic formation defined as talus
slopes. It is an 8 acre area on western facing slopes of 60+% covered primarily by sage and oak brush
that is located about 1 mile beyond the pri vale gate at the end of CR 211. The site rises on the eastern
side of the existing private access road. The area to be mined sits on the north side of a gentle ridge
that effectively screens any view of the mine from the south further down the valley. Clear Creek
runs in a southerly direction approximately 100+ feet on the west side of the private access road. The
photo below shows the southerly view from the site to be mined on the left side of the road.
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ID. BACKGROUND
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Chevron Construction Materials Mine
BOCC -06119106
Page3
On May l, 2006, Staff referred the proposal to the Board to determine if the application should be
referred to the Planning Commission for comment. As a result, the Board did not refer the matter to
the Planning Commission due to 1) the extreme remote location of the mine location at the dead end
of CR 211 1 mile beyond a locked gate on a 115,000-acre property, 2) limited nature of potential
impacts, and 3) the fact that the nearest residential dwelling was at least % miles from the mine
which was visually separated by significant topography.
IV. AUTHORITY & APPLICABILITY
Pursuant to Section 9.00 of the Zoning Resolution, an application for a Conditional Use Permit shall
be approved by the Board of County Commissioners after holding a public hearing thereon in
conformance with all provisions of the Zoning Resolution.
V. REVIEW AGENCY COMMENTS
Comments have been received from the following agencies I groups and are integrated throughout
this memorandum as applicable.
1. Town of De Beque: No Comments received.
2 . Town of Parachute: They had no comments and defer to the Town of De Beque. (Exhibit I)
3 . Garfield County Road and Bridge Department: Recommended that dust control should be
applied to CR 204 (Clear Creek Road) from the intersection of CR 204 (Main Roan Creek) to
the end of the public road. This application will be reapplied as needed to control the dust on
the road as long as there is work being done by Chevron. All equipment hauled to the site
will abide by Garfield County Road & Bridge Department's oversize/overweight permit
system. This may also require a new bond prior to permits being issued. (Exhibit F)
4. Garfield County Vegetation Management: The permit application is acceptable with one
exception, the revegetation bond in Exhibit E at $900/acre is low and it is suggested that we
require a bond of $2500 per acre. This is an additional $1600 per acre and would result in an
increase of $12,800 to the recommended bond of $25,000 bringing the total to $37,800.
(Exhibit J)
5 . Bureau of Land Management: No comments received.
6. Division of Wildlife: No comments received.
7 . Grand Valley Fire Protection District: The District reviewed the document and has
determined that this property is outside of the Grand Valley Fire Protection District. The
only comment that the District offers is .to correct the numerous legal description
inaccuracies, including the County's public notice in the back. (Exhibit H)
8. Mountain Cross Engineering: Commented that the reclamation bond and a NPDES permit
need to be obtained as conditions of approval. (Exhibit G).
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VI. REVIEW CRITERIA FOR CONDITIONAL USE PERMITS (SECTION 5:03)
The 115,000 acre property is located within the Resource Lands zone district and can be
characterized as containing all the sub -zone districts in that zone included plateau, talus slopes,
escarpment, and gentle slopes and lower valley floor. The subject mining site is located in the
alluvium I talus slopes which allow extraction and material handling of natural resources as a
conditional use. The following picture below illustrates these zones for the Board's reference.
Plateau Zone
Lo
Pursuant to Section 5.03, as listed under the Zone District Regulations, conditional uses shall
conform to all requirements listed thereunder and elsewhere in the Zoning Resolution, as well as the
following standards:
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall either
be in place or shall be constructed in conjunction with the proposed use.
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Response
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The mining activity itself does not require permanent domestic water or wastewater services. The
only water use required at the site is to be used for dust control. The application states that Dalbo, Inc
of Vernal, Utah will provide water trucks for dust control. Dalbo, Inc. has water rights by way of an
activated West Divide Water Augmentation Contract which allows water to be withdrawn from
Grant Brother's pond and Latham pond which are fed by the Colorado River. The approved water
contract for "oil field enhancement" for 30 acre feet has been submitted with the application.
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place or
shall be constructed in conjunction with the proposed use;
Response
The application states that the trips generated from the mining activity will minimally impact the
County Road System because the bulk of the material will be hauled on private rods on the Chevron
property on the private road beyond the end of a
locked gate at the end of CR 211. Six to eight dump
trucks will be accessing the site every day making 3
-4 loads during peak periods of activity. This
would peak at 64 trips at the peak of usage. Water
trucks will be used for dust control as needed.
There will be some travel on CR 211 between CR
204 and the end of CR 211. This is to access
additional property owned by Chevron along CR
204. As a matter of reference, the intersection of
CR 211 and CR 204 is where the Cowboy Chapel is
located a shown in the photo to the right.
The trips counted by the County at this intersection in 2002 were 16 trips coming from the north on
CR 204 to CR 211. The County Road and Bridge Department provided the following comments
regarding the project's impact to the county road system: 1) dust control should be applied to CR 204
(Clear Creek Road) from the intersection of CR 204 (Main Roan Creek) to the end of the public
road. This application will be reapplied as needed to control the dust on the road as long as there is
work being done by Chevron. 2) All equipment hauled to the site will abide by Garfield County
Road & Bridge Department's oversize/overweight permit system. This may also require a new bond
prior to permits being issued. (Exhibit F)
(3) Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the periphery
of the lot and by location of intensively utilized areas, access points, lighting and signs in
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such a manner as to protect established neighborhood character;
Response
The site proposed for the surface mine is located approximately 1 mile north of a locked private gate
on a private road near the bottom of a steep canyon drainage of Clear Creek. The nearest occupied
residential property is located approximately 1 mile south of the project site. More importantly, the
area to be mined is physically situated behind a raised slope such that it eliminates any view from the
south. There are no properties within several miles in other directions of the site. Staff finds that the
location of the mine is such that it will have virtually no affect on any surrounding properties.
Standards in Section 5.03.07 for Industrial Operations
Industrial Ooerations: Industrial Operations, including extraction, processing, fabrication,
industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access
routes and utility lines, shall be permitted, provided:
( 1) The applicant for a permit for industrial operations shall prepare and submit to the Planning
Director ten (10) copies of an impact statement on the proposed use describing its location,
scope, design and construction schedule, including an explanation of its operational
characteristics. One (1) copy of the impact statement shall be filed with the County
Commissioners by the Planning Director. The impact statement shall address the following:
(A) Existing lawfal use of water through depletion or pollution of surface run-off, stream
flow or ground water;
Response
As mentioned above, the mining activity itself does not require permanent domestic water or
wastewater services. The only water use required at the site is to be used for dust control. The
application states that Dalbo, Inc of Vernal, Utah will provide water trucks for dust control. Dalbo,
Inc. has water rights by way of an activated West Divide Water Augmentation Contract which allows
water to be withdrawn from Grant Brother's pond and Latham pond which are fed by the Colorado
River. The approved water contract for "oil field enhancement" for 30 acre feet has been submitted
with the application.
Additionally, the application contains a Storm Water Management Plan (SWMP) which is intended
to demonstrate how water resultant from a heavy rain event is properly handled so that there is no
pollution of surface run-off to surface stream flow . This SWMP incorporates appropriate best
management practices employed to handle the drainage of storm water flows specific to erosion and
sediment control measures such as topsoil stockpile I diversion berm & ditches, downhill silt
fencing, and hay bale I rock check dams, etc. This SWMP is filed with the Colorado Division of
Public Health & Environment.
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(B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or
vibration, or other emanations;
Response
The mining activity will consist of the use of bulldozers, loaders, and dump trucks. There will not be
any glare or adverse vapor generated from the use. There will be limited smoke generated from the
exhaust of the machinery used to extract and haul the material. Due to the remote location and
physical geography of the site, there will be no detectable vibration or noise generated from the use
at the boundaries of the property. The mining activity will generate dust which is proposed to be
mitigated by watering by trucks from Dalbo.
(C) Impacts on wildlife and domestic animals through the creation of hazardous
attractions, alteration of existing native vegetation, blockade of migration routes, use
patterns or other disruptions;
Response
The application states that the Colorado Division of Wildlife was asked to comment on the proposal;
however no comments were provided in the submittal or to Garfield County. The application states
that there will be no hazardous attractions to wildlife at the property and that migration routes will
not be impacted by the mining area. There was no scientific data to support this statement in the
application. Staff cannot determine if mining activity here will or will not impact wildlife for the 8
acres site disturbed by the mining activity.
(D) Affirmatively show the impacts of truck and automobile traffic to and from such uses
and their impacts to areas in the County;
Response
The application states that the trips generated from the mining activity will minimally impact the
County Road System because the bulk of the material will be hauled on private rods on the Chevron
property on the private road beyond the end of a locked gate atthe end of CR 211. Six to eight dump
trucks will be accessing the site every day making 3 -4 loads during peak periods of activity. This
would peak at 64 trips at the peak of usage. Water trucks will be used for dust control as needed.
There will be some travel on CR 211 between CR 204 and the end of CR 211. This is to access
additional property owned by Chevron along CR 204. As a matter o f reference, the intersection of
CR 211 and CR 204 is where the Cowboy Chapel.
The trips counted by the County at this intersection in 2002 were 16 trips coming from the north on
CR 204 to CR 211. The County Road and Bridge Department provided the following comments
regarding the project's impact to the county road system: 1) dust control should be applied to CR 204
(Clear Creek Road) from the intersection of CR 204 (Main Roan Creek) to the end of the public
road. This application will be reapplied as needed to control the dust on the road as long as there is
work being done by Chevron. 2) All equipment hauled to the site will abide by Garfield County
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Road & Bridge Department's oversize/overweight permit system. This may also require a new bond
prior to permits being issued.
(E) That sufficient distances shall separate such use from abutting property which might
otherwise be damaged by operations of the proposed use(s);
Response
The proposed site is located al least 1 mile beyond a private locked gate at the end of CR 211 and al
least 1 mile from the nearest residence. It is at the southern end of a 115,000 acre property.
Additionally, the physical I geographic location of the area to be mined is secluded such that views
from the south will not be impacted by the use.
(2) Permits may be granted for those uses with provisions that provide adequate mitigation for the
following:
(A) A plan for site rehabilitation must be approved by the County Commissioners before a
permit for conditional or special use will be issued;
Response
The application proposes a reclamation plan that is also required by the Colorado Division of
Minerals and Geology in the Mined Land Reclamation Permit. Generally, reclamation consists of
recontouring the slope back to a 1: 1 slope. There is very little vale to the topsoil of this complex. The
application states that the most reasonable method to reclaiming the site will be to use a track hoe to
push down material from the top terrace down the face of the high slope to create a more favorable
angle of repose. While the back hoe works back from the terrace the operator will roughen the
surface to create pockets on the surface of the soil. These pockets provide a collection point for fine
materials that will produce a more favorable seed bed and better dissipate the effects of water erosion
on the slopes. These slopes are then prepared for revegetation with native non -invasive species
recommended by the Natural Resources Conservation Service (NRCS).
The planting will take p lace in the fa ll after mining has ceased. The seeding will occur
between September 15th and December l $1 of any gi-v en year. The method of seed placement will
be in the form of broadcast. Once the seed is broadcast straw mulch will be used to protect the
seed. A second broadcast may be needed I year after initial seeding. The seeding mix and
species of grasses for the area are shown on page 8 of this report. This is a seed mixture
recommended by the NRCS. The NRCS suggested this seed mix because of its ability to grow in
a wide variety of soil types including the soil type characteristic of the mine site. The seed mix is
available through Nilex Environmental in Denver, Colorado. Some natural invasion of forbs and
woody plants from the surrounding areas are expected.
Weed control wilJ be implemented prior. to and during revegetation activities. This does not
mean the operator will attempt to kill all weeds! since some provide natural ground cover and
shade for emerging areas. If a problem occurs, weed control activities will concentrate on
controlling the noxious weeds on the reclaimed area, following NRCS recommendations. Weed
control will likely involve using chemical control agents.
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Chevron Construction Materials Mine
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(B) The County Commissioners may require security before a p~rmit for special or
conditional use is issued, if required. The applicant shall furnish evidence of a bank
commitment of credit, bond, certified check or other security deemed acceptable by the
County Commissioners in the amount calculated by the County Commissioners to
secure the execution of the site rehabilitation plan in workmanlike manner and in
accordance with the specifications and construction schedule established or approved
by the County Commissioners. Such commitments, bonds or check shall be payable to
and held by the County Commissioners;
Resoonse
The application contains a proposed I reco mmended bond to submitted to the Division of Minerals
and Geology based on the following costs analysis:
The following reclamation cost estimate is based on the proposal that there will be no more
than 8.0 acres = disturbed at any one time. The mine working face will be graded to I h: 1 v when
mining ceases. Cut/fill activities will be necessary to bring working face to the desired slope .
The working face will also be pocketed with a track hoe during the cut/fill process . The tab le
below outlines the stages of the reclamation process . A dozer will be used to shape and grade
the staging area. The seed mix and the labor to broadcast the seed is also included in this
estimate. •
Terrace Reclamation
Revegetation
Total
3.0AC.
8.0AC.
Estimated Unit Costs for Reclamation Items:
I. Revegetation area includes grass seed and labor
2. High wa ll reclamation
Reclamation Cost
I . Revegetation, 8.0 acre @ $900> 1.0/ AC .
2. High wall reclamation @135/hour • 80 hours
Net Total
3 . Indirect costs
Mobilization
Insurance, Bond, & Profit
4. Administration Costs
To tal Estimate
Unit Cost
$900.00/AC .
$135 .00/h our
$7,200.00
$10,800.00
SlS,000.00
$1431.00
$756 .00
$954.00
$21 ,141.00
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Chevron Construction Materials Mine
BOCC-06119106
Page JO
The County Vegetation Manager reviewed the proposal and stated the permit application is
acceptable with one exception, the revegetation bond in Exhibit E at $900/acre is low and it is
suggested that we require a bond of $2500 per acre. This is an additional $1600 per acre and
would result in an increase of $12,800 to the recommended bond of $25 ,000 bringing the total to
$37,800. (Exhibit J)
(C) Impacts set forth in the impact statement and compliance with the standards contained
in Section 5.03.08 of this Resolution. (A. 93-061)
Section 5.03.08 Industrial Peeformance Standards
Industrial Per(ormance Standards: All industrial operations in the County shall comply with
applicable County, State, and Federal regulations regulating water, air and noise pollution and
shall not be conducted in a manner constituting a public nuisance or hll1Jlrd. Operations shall be
conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all
other undesirable environmental effects beyond the boundaries of the property in which such uses
are located, in accord with the following standards;
(1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised
Statutes at the time any new application is made.
(2) Vibration generated: every use shall be so operated that the ground vibration inherently and
recurrently generated is not perceptible, without instruments, at any point of any boundary
line of the property on which the use is located;
(3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with
all Federal, State and County air quality laws, regulations and standards;
( 4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not
emit heat, glare, radiation or fumes which substantially interfere with the existing use of
adjoining property or which constitutes a public nuisance or hazard. Flaring of gases,
aircraft warning signals, reflective painting of storage tanks, or other such operations which
may be required by law as safety or air pollution control measures shall be exempted from this
provision;
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:(A97-112)
(A) Storage of flammable or explosive solids or gases shall be in accordance with accepted
standards and laws and shall comply with the national, state and local fire codes and
written recommendations/comments from the appropriate local protection district
regarding compliance with the appropriate codes; (A97-112)
(B) At the discretion of the County Commissioners, all outdoor storage facilities may be
required to be enclosed by fence, landscaping or wall adequate to conceal such
facilities from adjacent property; (A97-112)
(C) No materials or wastes shall be deposited upon a property in such form or manner that
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Chevron Construction Materials Mine
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Page 11
they may be transferred off the property by any reasonably foreseeable natural causes
or forces; (A97-112)
(D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the
following standards: (A97-112)
1. The minimum lot size is five (5) acres and is not a platted subdivision.
2. The equipment storage area is not placed any closer than 300 ft. from any existing
residential dwelling.
3. All e9uipment storage will be enclosed in an area with screening at least eight (8)
feet m height and obscured from view at the same elevation or lower. Screening
may include berming, landscaping, sight obscuring fencing or a combination of
any of these methods.
4. Any repair and maintenance activity requiring the use of equie_ment that will
generate noise, odors or glare beyond the properlJ boundaries will be conducted
within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri.
S. Loading and unloading of vehicles shall be conducted on private property and may
not be conducted on any public right-of-way.
(E) Any storage area for uses not associated with natural resources shall not exceed ten
(10) acres in size.
(F) Any lighting of storage area shall be pointed downward and inward to the
property center and shaded to prevent direct reflection on adjacent property.
(6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install
safeguards designed to comply with the Regulations of the Environmental Protection Agency
before operation of the facilities may begin.
Response
These aforementioned performance standards shall be considered conditions of approval should the
Board move to approve the Conditional Use Permit.
VIl. RECOMMENDED FINDINGS
1. Proper posting and public notice was provided as required for the meeting before the Board
of County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were heard at
that meeting.
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3. The above stated and other reasons, the proposed conditional use pennit has been detennined
to be in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. The application has met the requirements of Conditional Use (Sections 5:03, 5:03:07,
5:03.08 and 9:00) the Garfield County Zoning Resolution of 1978, as amended.
VIII. STAFF RECOMMENDATION
Due to 1) the extreme remote location of the mine location at the dead end of CR 211 1 mile beyond
a locked gate on a 115,000-acre property, 2) limited nature of potential impacts, and 3) the fact that
the nearest residential dwelling was at least % miles from the mine which was visually separated by
significant topography, Staff recommends the Board approve the request for a Conditional Use
Permit for Extraction and Material Handling of Natural Resources for the Chevron Construction
Materials Mine with the following conditions:
I.
2.
3.
4.
5.
6.
7.
That all representations of the Applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered conditions of
approval unless explicitly altered by the Board.
No Conditional Use Permit shall issue until the Applicant has provided an approval from
the Division of Minerals and Geology.
The Applicant shall submit a reclamatio f $37,800 to Garfield County for the
reclamation of the disturbance prior to the issu ce of the Conditional Use Permit.
Volume of sound generated shall comply with the ::Jcfru.ds /~t "forth in the Colorado
Revised Statutes.
Vibration generated The mining activity shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible, without instruments, at any point of
any boundary line of the property on which the use is located.
Emissions of smoke and particulate matter: The mining activity shall be so operated so as to
comply with all Federal, State and County air quality laws, regulations and standards.
Emission of heat, glare, radiation and fumes: The mining activity shall be so operated thal'it
does not emit heat, glare, radiation or fumes which substantially interfere with the existing
use of adjoining property or which constitutes a public nuisance or hazard.
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BOCC -06119106
Page 13
8 . Storage of Heavy Equipment will only be allowed subject to the following standards:
a. Storage of flammable or explosive solids or gases shall be in accordance with
accepted standards and laws and shall comply with the national. state and local fire
codes and written recommendations/comments from the appropriate local protection
district regarding compliance with the appropriate codes;
b. No materials or wastes shall be deposited upon a property in such fonn or manner
--~/ that they may be transferred off the property by any reasonably foreseeable natural ~ causes or forces;
· All equipment storage will be enclosed in an area with screening at least eight (8) feet
in height and obscured from view at the same elevation or lower. Screening may
include berming, landscaping. sight obscuring fencing or a combination of any of
these methods;
d. Any repair and maintenance activity requiring the use of equipment that will generate
noise, odors or glare beyond the property boundaries will be conducted within a
building or outdoors during the hours of 8 a .m. to 6 p .m., Mon.-Fri; and
e. Loading and unloading of vehicles shall be conducted on private property and may
not be conducted on any public right-of-way.
9. That the Applicant shall comply with the following requirements of the County Road and
Bridge Department:
a. Dust control should be applied to CR 204 (Clear Creek Road) from the intersection
of CR 204 (Main Roan Creek) to the end of the public road. This application will be
reapplied as needed to control the dust on the road as long as there is work being
done by Chevron; and
b. All equipment hauled to the site will abide by Garfield County Road & Bridge
Department's oversize/overweight permit system.
I 0 . The Applicant shall submit proof that a reclamation bond has been provided to the Division
of Minerals and Geology and that a NP DES permit shall be submitted to the County prior to
the issuance of the Conditional Use Permit.
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IX. RECOMMENDED MOTION
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Chevron Construction Materials Mine
BOCC -06119106
Page 14
"I will make a motion to approve a Conditional Use Permit for Extraction and Material Handling
of Natural Resources for the Chevron Construction Materials Mine with the conditions provided
by Staff."
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GARFIELD COUNTY
Building & Planning Department
Review Agency Form
(
Date Sent: May 22, 2006
Comments Due: June 13, 2006
Name of application: Chevron Shale Oil Company
Sent to: Garfield County Road & Bridge Dept.
I
------------------------------------------------------------------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
Staff contact: Fred Jarman
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Department has no objections to
this application with the following comments.
Dust control will be applied to Cr. 204 (Clear Creek Road) from the intersection of Cr.
204 (Main Roan Creek) to the end of the public road. This application will be reapplied
as needed to controLthe dust on the road as long as there is work being done by Chevron.
All equipment hauled to the site will abide by Garfield County Road & Bridge
Department's oyersize/overweight permit system. This may also require a new bond prior
to permits being issued.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date May 30, 2006
Revised 3/30/00
EXHIBIT
,:'
REC EIV ED(
JUN 1 2 2006
GAR FIELD cuuNTY
BUILDI NG & PLANN ING CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN
June 09, 2006
Mr. Fred Jarman
Garfield County Planning
I 08 81h Street, Suite 401
Glenwood Springs, CO 81601
RE: Review of Conditional Use Permit for Materials Mine, Chevron Oil
Dear Fred:
This office has perfonned a review of the documents provided for the Conditional Use Pennit of the
Chevron Shale Oil Company, Materials Mine. The following comments, questions, or concerns
were generated:
1. The Reclamation Bond needs to be obtained as a condition of approval.
2. An NPDES pennit needs be obtained as a condition of approval.
Feel free to call if any of the above needs clarification or if you have any questions or comments.
Sincerely, ,
Mount .n Cross Enginee ·ng, Inc.
•
826 1/2 Grand Avenue • Glenwood Springs, CO 81601
PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com
June 12, 2006
Fred Jarman
( GRANDVALLEY (
FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY
POBOX295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
Garfield County Planning and Building Department
108 81h Street, Suite 201
Glenwood Springs, CO 81601
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Subject: Review of Chevron Shale Oil Co. request to create a materials mine.
Mr. Jarman,
I have reviewed the document sent me and have determined that this property is outside
of the Grand Valley Fire Protection District. The only comment that I would offer the
Garfield County Building and Planning Department is to correct the numerous legal
description inaccuracies, including the county's public notice in the back.
The applicant has combined two Section parcels and have listed them as "Sections 4 &
36, Townships 5S & 6S, Range 98West of the 61h PM in Garfield County, Colorado" (as
shown in title of application packet). The inference has been made in several places that
section 4 goes with township 5 and section 36 goes with township 6
• Conditional Use Permit, pg 1
• Owner I Applicant Certifications, pg 16
• · Planning Department Public Notice, back of application package
• Numerous places use the combined listing.
By rearranging the sections and townships, the applicant has gone from adjacent property,
to properties approximately 12 miles apart.
Correct location listings are found in the Impact Statement and Lat/Long location of the
Construction Materials Limited Impact ( 110) Operations Reclamation Permit Application
Form.
If you have any questions regarding this review, I can be reached at the above listed
phone number.
David A. Blair
Fire Chief, GVFPD
Cc: file
Mission Statement
We, the members of the Grand Valley Fire Protection District, dedicate our efforts to the protection of the
lives, property and environment of the citizens of, and visitors to, the Grand Valley Fire Protection District
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06/09/2006 09 :09 FAX 9702850292( ( I
EXHIBITr
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REFERRAL FORM Date Sent: May 22, 2006
Return Requested: June 13, 2006
Garfield County Building and Planning Department
108 8th Street, Suite 401, Glenwood Sprin,s, CO 81601
I 970) 945-8212/Fax: (970) 384-3470
File Name(s) Proi ect Name(s) Type of ADDlicatioo(s)
Chevron Shale Oil Company North Clear Creek Construction Conditional Use Permit
Materials Mine
Staff Planner: Fred Jarman (fredjarman@garfield-county.com) Phone: (970) 945 -8212
Applicant: Chevron Shale Oil Co., a division of Chevron USA Inc . (mark Phone: (281 ) 561 -3687
Hinton)
Contact PerBon: Sean Norris Cordilleran Compliance Services, Inc. Phone: (970) 263-7800
Location: Section 36, Township 6S, Range 98W &. a portion of Section 4, Township 5S , Range 98W, Garfield
County.
Summarv of Request: Creation of a construction materials mine encompassin~ 8.0 acres of land.
The Garfield County Pluning Department bas received a land use request as referenced above. Your comments
are an important part of the evaluation process. In order to review ~ appropriate agency comments and
incorporate them into the Staff Repoii we request .your response by Tuesdav .June 13, 2006. ·
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( EXHIBIT
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Fred Jarman
From: Steve Anthony
Sent: Wednesday, June 14, 2006 4:40 PM
To: Fred Jarman
Subject: North Clear Creek Construction Materials Mine
Fred
The permit application is acceptable with one exception, the revegetation bond in Exhibit E at $900/acre is low
and it is suggested that we require a bond of $2500 per acre. This is an additional $1600 per acre and would
result in an increase of $12800 to the recommended bond of $25,000 bringing the total to $37,800.
Steve
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FROM
DATE
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:MEMORANDUM
Board of County Commissioners
Building and Planning Department. Fred Jarman
May l, 2006
Referral of a Conditional Use Permit for "Extraction of Natural
Resources•• in the Resource Land (Talus Slopes) Zone District for
a constructions materials mine
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I. BACKGROUND
The Building and Planning Department received a Conditional Use Permit (CUP)
application for "Extraction of Natural Resources" in the Resource Lands (Talus Slopes)
zone district. This permit is sought specifically to allow the surface mining of material
from the Talus Slope area on the east side of Clear Creek at the end of CR 211 in
Western Garfield County approximately 17 miles northwest of Debeque, CO.
The purpose of the mine to provide natural rock material to be used as construction
material by the Applicant. The site to be mined I disturbed will comprise an 8-acre area
that is currently used as dry land range and consists of a large slope on the east side of
CR 211. The private road is an extension of CR211. Staff attached the impact report that
describes the location, proposed use. reclamation, time frame, and impacts for your
review.
II. REGULATORY AUTHORITY
Section 9.02.03 of the Zoning Resolution of 1978. as amended requires that Conditional
Use Permit applications be initially brought to the Board so that the Board may determine
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if a recommendation from the Planning Commission is necessary.
ill. STAFF RECOMMENDATION
Due to the extreme remote location of the mine location at the dead end of CR 211 1 mile
beyond a locked gate on a 115,000-acre property, limited nature of potential impacts, and
the non-existence of residential dwellings within at least 3A mile of the mine, Staff
recommends the Board direct Staff to schedule a public hearing for the Board and not
refer the matter to the Planning Commission.
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