HomeMy WebLinkAbout2.0 BOCC Staff Report 04.21.2008TO
FROM
DATE
j
~·
MEMORANDUM
Board of County Commissioners
Building and Planning Department, Fred Jarman
November 13th, 2007
Referral of a Conditional Use Permit for an "Extraction and
Processing" for construction materials
I. BACKGROUND
The Building and Planning Department received a Conditional Use Permit (CUP)
application for an "Extraction and Processing" comprised of a quarry site for Marathon
Oil Company located 9 miles up Garden Gulch Roa d off of County Road 215 . The Town
of Parachute is located 10 miles southeast. The owner of the property is Berry Petroleum.
More specifically, the Applicant requests approval from the Board for an "extraction and
processing" site to accommodate the Circle Dot Quarry construction material mine site in
the Resource· Lands -Plateau zone district. The proposed facility is proposed to
encompass 10 acres of the 334 acre parcel. The proposed quarry will extracted primarily
shale to produced construction material for operations in the area. The gravel mine is
located on a private road and material produced from this site will be transported on
private roads the entire route. The facility is proposed to accommodate 1-2 operators,
around 6 dump trucks trips per day and the lifespan will be dependent on mineral
resource requirements of the property owner.
Photo of the Proposed Circle Dot Quarry Site
II . REQUEST
The application is for an "Extraction and Processing" site for a material mine site not to
exceed 10 acres in size in the RL zone district.
III . REFERRAL AUTHORJTY
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
if a recommendation from the Planning Commission is necessary.
IV. STAFFRECOMMENDATION
Staff finds that due to 1) the limited nature of potential impacts to surrounding properties
due to the topography, 2) the fairly remote location of the facility, 3) materials produced
from this mine will be transport on private roads and will have minimal impact on the
county road system, Staff recommends the Board direct Staff to schedule a public hearing
for the Board and not refer the matter to the Planning Commission.
BOCC 04/21/08
FJ
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT
PROPERTY OWNER
LOCATION
SITE INFORMATION
EXISTING ZONING
COMPREHENSIVE PLAN
Conditional Use Permit for "Extraction,
Prosessing, Sterage artd--Material
Hanelling ef Natural Resources" for a
Construction Materials Surface Mine
Marathon Oil Company
Berry Petroleum Company
17 miles NW of Parachute in Section 1,
T6S, R97W
10-acre site located on an approximately
334-acre property
Resource Lands (Plateau)
Study Area 5
:fuo /6~JI /hi) :::. I vo I-gt o -::-s-:r, II oo c 1-. ) ,i;,,+t->« ,.(.· ,1ti_)
Marathon Oil Company Co ns truct io n M a t erials Mine
BOCC-04121 108
Page 2
I. DESCRIPTION OF THE PROPOSAL
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 I gravel
material from an existing hillside located on the plateau to be used exclusively on roads
and pads serving natural gas exploration and production in the area . The mine site will
comprise a total of 10 acres (equivalent to 9 football fields) once fully mined . The subject
property is approximately 334 acres in size and is owned by Berry Petroleum Corporation.
The method of extraction is a bulldozer which will dig the material out which is then
crushed I sorted and then loaded into dump trucks to be transported to construction sites
around the area .
The Applicant proposes the life of the extraction activity to depend on the pace and amount
of material extracted fo r various needs of the Applicant. The Applicant intends to use the
material exclusively for Marathon's gas production projects (primarily roads and pads) in
the area which will use private internal roads to haul the material. The Applicant proposes
very limited use of CR 215 to commute to the site from the lower valley floor. Hours of
operation are proposed from 7:00 AM to 7 :00 PM, Monday through Saturday. Six to e ight
dump trucks will be accessing the site every day with between 1 and 2 operators staying at
the site daily. Water trucks will be used for dust control as needed .
II. BACKGROUND
On November 13 , 2007 , Staff brought the proposal to the Board to determine if the
application should be referred to the Planning Commiss ion for comment. As a result, the
Board did not refer the matter to the Plann ing Commission due to 1) the limited nature of
potential impacts to surrounding properties due to the topography, 2) the fairly remote . t--location of the facility, 3) materials produced from this mine will be transported entirely on
~ private roads having very m inimal impact on the County road system , and 4) provide an
\ A "on -site location for gravel rather than placing additional burden on gravel resources in the
'-=\) Colorado valley f loor.
Ill. 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.
Marathon Oil Company Construction Materials Mine
BOCC-04121108
Page3
IV. GENERAL SITE DESCRIPTION I LOCATION
The site proposed for the surface mining activity is located on a knoll on the plateau
described as an open, shrubby, rock formation covered primarily by sage brush, pockets of
aspen, service berry and oak brush at about 8,200 feet. (Zoning map below shows
location)
I , I I I T ·-""
J NU!
• Site I I
~'--!l' ,.......,
I 6 5 c/
1 3
8
2 j
.., ,\ u j h--12 7
8
10 1' 12
'
i:J ' j
13 1~ " io 15 14 f,:J'
24
,__ 20 tr
..,
23 "
>n -LJ I
-
25 -1 zr .~ 2S --, r1 ....
~ 1--r..
.. I S3 L. ' ~' r
31 ' --,....,
1 , __ ~ -"'
~ L '--u
6 4 2 1
12
,
j ~ /
"
Mara thon Oil Co mpany C onstruction Materials Mine
B OCC -04121108
Page5
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 such a manner as to protect
established neighborhood character;
Response
Staff finds that the location of the mine is beyond a Y4 mile from any adjacent properties
and will not be operated at night so no lighting w ill occur. The s ite , once fully mined (10
acres), will comprise an area of approximate ly n ine (9) football fields. The existing
"neighborhood character" is that of open range land and o il and gas dril li ng operations. As
this is a surface mine, it will change the charact er (visually & topographically) of the
immediate area as it is the only surface strip mine in the area and sits on the very top of a
knoll on the plateau making it v isible from other similarly situated properties . There will be
no publicly visible impact. The operation is required to be reclaimed once fully mined to
lessen this impact. The Division of Reclamation , Mining , and Safety (ORMS ) requ ires a
bond be held that is pe riodically recalcu lated over time to ensure rec lamation.
Standards in Section 5.03.07 for Industrial Operations
Industrial Operations: 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 lawful use of water through depleti on or pollution of surface
run-off, stream flow or ground water;
Response
The mining activity itself does not require permanent domestic water or wastewater
services . Th e only water use required at the s ite is to be used for dust control and the
Applicant proposes to truck that water in from a licensed water p rovider.
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. There are no surface
streams in the immediate vicin ity of the project site . This SWMP incorporates appropriate
Mar ath on Oil Company Construction Materials M ine
B OCC -04121 108
Page 6
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. The application indicates that an
inspection is to occur immediately following rain events and every 14 days to ensure that
these BMPs are sill effectively in pJace.
(BJ 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, dump trucks, and a rock
crusher I screener. 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 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 .
Regarding noise, the Application contains a noise study prepared by Cordilleran
Compliance Services, Inc. which ultimately provides that the noise levels at the property
boundary (1/4 mile from the operation) would be 47 .6 dB(A) during the day with ambient
noise levels at night once the operation is shut down which is less than all of the State's
required threshold levels shown below:
Zone 7 am to 7 om 7 IJm to 7 am
Residential 55 dB(AJ 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)
(CJ 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 contained a Wildlife Assessment and Management Plan prepared by
Westwater Engineering, Inc. The analys is included date collected from a site visit to
observe the plant and animal life at the site location . The analysis describes the habitat of
the area and the varied wildlife it could support. The report points out particular raptor nests
of Red-tailed Hawk and Cooper's Hawk. While the area meets criteria for greater sage
grouse, none were experienced during the visit; however, several blue (dusky) grouse were
observed . Staff finds that the proposed use doesn't appear to block any identified migration
Marathon Oil Co mpany Co nstruction Materials Min e
BOCC -0412 1108
Page 7
routes or will pose as a hazardous attraction; however, it will alter existing native vegetation
and use patterns. The report makes the following recommendations for wildlife mitigation
on the site which the Applicant stated they would comply with in their application:
1) Improve Greater Sage Grouse Habitat;
2) Minimize footprint of disturbance;
3) Re -seeding;
4) Black Bear Measures; and
5) Raptor timing limitations.
Table 2. Timing limitations and NSO recommendations for active raptor nes ts
Species Buffer Zone -NSO Seasonal Restriction
Red-tailed Hawk 0.33 mile 1 March· 15 July
Swainson's Hawk 0.25 mile 1 April -15 Augus t
Sharp-sh inned Hawk 0.25 mile 1 April -15 August
Cooper's Hawk 0.25 mile 1 April -15 Augu st
Peregr ine Falcon 0 .5 mile 15 March -31 July
Prairie Falcon 0.5 mile 15 March -3 1 July
Go lde n Eag le 0.25 mil e+ a lt. nes ts 1 January -15 July
No rthern Harrier 0.25 mile 1 April -15 Au gu st
Nort hern Py gmy-Owl 0.25 mil e 15 March -15 Jul y
Long-eared Owl 0.25 mile 1 March -15 July
Great Horn ed Ow l * *
• Great Homed Owls are relatively tolerant of human activity. Keep activ ity to a mi nimum dur ing breed ing season.
(DJ Affirmatively show the impacts of truck and automobile traffic to and from
such uses and their impacts to areas in the County;
Response
As mentioned above , the activity at the mine will generate up to 6 dump trucks per day
during peak periods of activity . Once the heavy trucks and machinery are brought to and
located on site, there will be no impact to the County road system . The loaders accessing
the site are all traveling the private road system on top of the plateau to and from projects
on top . One of the primary purposes of the mining operation is to produce gravel I
construction materials to construct I improve the existing private road system . This will
have the effect of lessening the industry's demand on good (and very limited) gravel
resources in the Colorado River valley as well as eliminating heavy haul trucks from the
County Road system .
Marathon Oil Company Construction Materials Mine
BOCC-04121108
Page8
(E) That sufficient distances shall separate such use from abutting property
which might otherwise be damaged by operations of the proposed use(s);
Response
Staff finds that the location of the mine is beyond a Y. mile from any adjacent properties
and will not be operated at night so no lighting will occur. The site, once fully mined (10
acres), will comprise an area of approximately nine (9) football fields. The existing
"neighborhood character" is that of open I native range land and oil and gas drilling
operations. As this is a surface mine, it will change the character (visually &
topographically) of the immediate area as it is the only surface strip mine in the area and
sits on the very top of a knoll on the plateau making it visible from other similarly situated
properties; however, there will be no publicly visible impact. The operation is required to be
reclaimed once fully mined to lessen this impact. The Division of Reclamation, Mining, and
Safety (ORMS) requires a bond be held that is periodically recalculated over time to ensure
reclamation. Staff finds sufficient distances are in place (1/4 mile from property lines) and
will not affect adjacent properties.
(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 Applicant proposes a reclamation plan and is required to have an approved plan for
the ORMS. The Application contains a plan which is essentially the following:
Marathon Oil Company Construction Mat erials Mine
BOCC -04121108
Page9
Reclamation wi ll be compl et ed in accordance wi th the Division of Mi ne rals and Geology, Mined
Land Reclamation Permit. A reclamation bon d will be posted with the Division o f Minerals and
Geology. This permit appli cation i s attached .
Re clamat ion will begin at the en d of activit y on s it e. Topsoil that h as been segre gat ed in a pil e to
the southwest of t he site will be spread over the reclaimed surface. A t rackhoe will be used to
compact and roughen the surface of the top soi l, creating a more favorab le seed bed and
dissip ating the effect s of st ormwater erosion. A ll remaining slopes will be re-contour ed and
prepared for re-vegetation . A ll s lopes will b e re-seeded and erosion mats 'Nill be u sed on s lopes
with grades over 5 p ercent. Re-seeding w ill u tilize a seed m ixture selected by Marathon for its
reclamati on ac ti vities in the area. This seed mixture is attached.
Re-vegetation will take p lace no sooner than one year after mining has ceased. The seeding will
occur b etween Sep tem be r 15th and December 1st. The method o f seed p lacement wi ll like ly be in
the form of broadcastin g onto a roughened surface .
The mining and reclamation plan in the ORMS perm it app lication basically provides that
"Final Stabi liza t ion " has occurred when a un iform vegetative cover with a density of 70% of
the pre-disturbance levels has been established or when an equivalent permanent ,
physical erosion reduct ion method is in place. Staff suggests the Applicant provideFa photo
documentation of the pre -disturbance of the site in order to compare to the p ost
disturbance. The Applicant does not provide a graphic representation of what the
r~c l amation 'wjll look like once completep . -
Regarding noxious weeds , the Application contains a Noxious Weed Management Plan
prepared by Paller & Girard , Inc. that is a general plan to be applied to lands owned and
leased by Marathon O il Company. The plan is specific to this application in the followi ng
way:
TI1c proposed Rock QuaiTy site is lo cated at N39 33569', W10 8 09.88 4 '. Exis tin g
vegeta t ion th is site features Big sagebru sh, Oak, serviceberry, Sn owberry, needlegrasses
and L upine. A noxious weed inventory was conducted on Aug ust 1, 200 7 by Pa ll e r &
Girard, In c. No nox iou s w eed s were discovered on this s i te. After cons truct ion of the
quarry, t he s ite w ill b e rc~inve n tori ed and mapp ed . If any n oxious weeds arc discovered,
they will be 1rcated w ith and appropriate h erbicide.
(B) The County Commissioners may require security before a permit 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
Response
Marathon Oil Company Construction Materials Mine
BOCC-04121108
Page JO
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;
Staff contacted the ORMS which indicated the application is in their technical adequacy
review and no permit has been granted and no bond calculation has occurred. Staff
suggests the Applicant be required to provide a copy of the bond that has been approved
and held by the ORMS prior to the issuance of a Conditional Use Permit. Staff does not
suggest the County also request an additional bond.
(CJ 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 Performance Standards
Industrial Performance 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 hazard. 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, aircra~ 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)
Marathon Oil Company Construction Materials Mine
BOCC-04121108
Page 11
(AJ 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)
(BJ 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)
(CJ 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; (A97-112)
(DJ 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 equipment 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 equipment that
will generate noise, odors or glare beyond tlie property boundaries will
be conducted within a building or outdoors during the hours of 8 a.m.
to 6 p.m., Mon.-Fri.
5. Loading and unloading of vehicles shall be conducted on private
propeny and may not be conducted on any public right-of-way.
(EJ Any storage area for uses not associated with natural resources shall not
exceed ten (10) acres in size.
(FJ 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
Marathon Oil Company Construction Materials Mine
BOCC-04121108
Page 12
These aforementioned performance standards shall be considered conditions of approval
should the Board move to approve the Conditional Use Permit.
VI. 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.
3. The above stated and other reasons, the proposed conditional use permit has been
determined 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 Sections 5:03, 5:03:07, 5:03.08 and
9:00) the Garfield County Zoning Resolution of 1978, as amended.
VII. STAFF RECOMMENDATION
Due to 1) the limited nature of potential impacts to surrounding properties due to the
topography, 2) the remote location of the facility being 17 miles NW of Parachute, 3)
materials produced from this mine will be transported entirely on private roads having
virtually no impact on the County road system, and 4) provides an "on-site" location for
gravel rather than placing additional burden on gravel resources in the Colorado valley
floor, Staff recommends the Board approve the request for a Conditional Use Permit for
Extraction, Processing, Storage and Material Handling of Natural Resources for the
Marathon Circle Dot Quarry Construction Materials Mine with the following conditions:
1. 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.
2. No Conditional Use Permit shall issue and no work can begin at the site until the
Applicant has provided the County with an approval from the Division of Minerals
and Geology.
3. The Applicant shall provide a copy of the reclamation bond that has been approved
and held by the ORMS prior to the issuance of a Conditional Use Permit.
Marathon Oil Company Construction Materials Mine
BOCC-04121108
Page 13
4. Volume of sound generated shall comply with the standards set forth in the
Colorado Revised Statutes.
5. 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.
6. 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.
7. Emission of heat, glare, radiation and fumes: The mining activity 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.
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 form or
manner that they may be transferred off the property by any reasonably
foreseeable natural causes or forces;
c. 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 7 a.m. to 7 p.m.,
Monday -Saturday; and
d. Loading and unloading of vehicles shall be conducted on private property
and may not be conducted on any public right-of-way.
9. That all equipment hauled to the site will abide by Garfield County Road & Bridge
Department's oversize/overweight permit system.
Marathon Oil Company Construction Materials Mine
BOCC-04121108
Page 14
10. That the Applicant shall meet with the County Vegetation Manager and obtain an
approval for the proposed noxious weed management plan and submit that
approval to the County prior to the issuance of a Conditional Use Permit.
11. The Applicant shall provide an illustrative graphic rendering that shows the
topography and vegetation covering established with full reclamation prior to the
issuance of the Conditional Use Permit.
12. The Applicant shall provide photo documentation of the pre-disturbance of the site
in order to compare to the post disturbance. This information shall be provided to
the County prior to the issuance of the Conditional Use Permit.
13. That no activity shall occur at the site until all of these conditions have been met.
VIII. RECOMMENDED MOTION
"I move to approve a Conditional Use Permit for Extraction, Processing, Storage and
Material Handling of Natural Resources for the Marathon Circle Dot Quarry Construction
Materials Mine with the conditions provided by Staff."
Board of County Commissioners
Clo Garfield County Planning Department
108 8th Street, Suite 401
Glenwood Springs, CO
April 14, 2008
EXHIBIT
JG
RE: Circle Dot Quarry Site-Conditional Use Permit Application
Dear Commissioners:
A public hearing is scheduled for April 21, 2008, regarding the above a pplication
that has been filed by Marathon Oil Company and Berry Petroleum Compa ny. At this
time, we are unable to attend the meeting ; however, for the reasons set forth below, we
are opposing the application and the quarry.
We own lots 20 and 21 in Section 1, Township 6 South, Range 97 Wes t; the
proposed quarry will be in the East half of lot 23 and the West half of lot 24 in the same
Section. As such, lots 20 and 21 will be directly affected by the quarry and the activities
conducted there.
The quarry is proposed for the extraction and process of shale for construction
purposes-in its simplest terms, the quarry is a gravel pit. This proposed use will
drastically increase truck and other traffic not only on the Garden Gulch road (the main
access from Parachute Creek to Logan Mountain), but on adjacent property owners like
us . Further, the traffic and direct operations of the quarry will significantly increase dust
and air-borne pollutants, smoke and noise. The level of dust with the current amount of
activity in the area is extreme ; for example, Marathon currently maintains a pipe yard and
quarry in Section 32, and problems the proposed quarry will bring can be found in the
operations of the Marathon quarry. In short, the quarry will only elevate the dust and
pollution that adjacent land owners have to endure.
More importantly, the proposed quarry will directly impact the current
agricultural use of our property. Specifically, the quarry will interfere with our ability to
receive income from the traditional agricultural operations that have been conducted for
generations on the property. And we see no evidence that Marathon or Berry are
proposing to compensate us for this lo s s of use and income.
For all the reasons discussed in this letter, we are requesting that the Board deny
the reque st for the Conditional Use Permit for the Circle Do~ ~ ~
Sincerely, ~ f ~ ~f~
Richard Prather, Lyle Prather, Ned Prather,
Don::_~
NOTICE OF FILING APPLICATION
RECEIVE:D
SEP 1 4 2007
GARFIELD COUNTY
BUILOIN G & PLANN ING
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY
MARA THON OIL COMPANY (the "Applicant/Operator") has applied for a Construction Materials Limited
Impact (110) Reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the
extraction of construction materials in GARFIELD County . The attached information is being
provided to notify you of the location and nature of the proposed operation. The entire application is on file with the
Division of Minerals and Geology (the "Division") and the local county clerk and recorder.
The applicant/op erator proposes to reclaim the affected land to RANGELAND use. Pursuant to
Section 34-32 .5-116( 4 )(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving
of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please
note that, in order to preserve your right to a hearing before the Board on this application, you must submit written
comments on the application within ten (10) days after the date of the applicant's newspaper publication.
If you would like to di scuss the proposed post-mining land use, or any other issue regarding this application , please contact
the Division of Mineral s and Geology, 1313 Sherman Street, Room 215, Denver, Colorado 80203 , (303) 866-3567 .
NOTE TO APPLICANT/OPERA TOR: You MUST attach a copy of the application form to thi s notice . If this is a notice
of a change to a previously filed application you mu st either attach a copy of the changes, or attach a complete and accurate
description of the change.
M:\m in\sh are\vs fonn s\Co ns tructi onl 10 (Approved 05/11/2005)