HomeMy WebLinkAbout2.0 BOCC Staff Report 05.12.1997REQUEST:
BOCC 5/12/97
PROJECT INFORMATION AND STAFF COMMENTS
Special Use Permit for Processing and
handling of Natural Resources (Asphalt Batch
Plant)
APPLICANTS: Custom Crushing, Inc.
LOCATION: A parcel of land located in portions of
Sections 10 and 15, T6S, R93W of the 6th
P.M.; more practically described as a parcel
located just east of Rifle off of State Highway
6 & 24.
SITE DATA: The parcel, is approximately 43.41 acres in
size.
WATER: Existing water rights of existing pit
SEWER: Individual Sewage Disposal System
ACCESS: Highway 6 & 24
EXISTING ZONING: A/I
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located in District A - City of Rifle Urban Area of Influence.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site, known as the Mountain Mobile Mix Gravel Pit, has been
operating as a nonconforming use for a number of years. The mined area is presently
a pond and the remainder of the area is relatively flat river aggregate.
B. Project Description: The applicants are requesting the issuance of a special use
permit to allow the temporary placement of a asphalt batch plant within the pit. The
batch plant will take up a 300' by 100' area in the western part of the property. (See
pg.' (+ 1) The basic components of the bulk plant consist of feed bins, dryer, bag
house, mixer tower, heat and A.C. tank and a control house.
Working hours have been identified as 8 to 5, Monday thru Friday, with occasional
Saturday work, in the application. The applicants estimate that 45 truck trips per day
will be necessary for the batch plant operation. The operation will use the same road
access as the current gravel pit operation, State Highway 6 & 24..
III. MAJOR ISSUES AND CONCERNS
Zoning: The requested land uses are proposed to be added to the existing and uses
operating as nonconforming uses. Because the zoning resolution does not have a
provision for expanding a nonconforming use, the requested permit has to be
considered new permits to be allowed as an accessory to a nonconforming use..
2. Comprehensive Plan: The following statements are from the Garfield County
Comprehensive Plan Urban Area of Influence Policies, Comprehensive Plan Goals,
Objectives and Policies applicable to this application:
1. "Encourage industrial expansion where similar development already exists
in appropriate areas, i.e. within or adjacent to platted industrial parks, within
designated industrial zones in existing towns, or adjacent to existing similar
development."
2. "The County may deny development proposals on the basis of : 1.) Lack of
access to the site; 2.) Inadequate road access which will create an inadequate
road with large daily truck volumes; or, 3.) A road which is already at or
above its design capacity and due to the terrain or geology of the area, cannot
be further improved to safely accommodate additional daily traffic."
3. Air Quality: The applicant has not identified a specific asphalt batch plant for use
on the property, but has agreed to provide a valid permit from the State Air Quality
Control Division prior to the placement of a plant on the site.
4. Regulations Pertaining to Industrial 0 erations. A concrete batch plant falls
under the following industrial classification, per Section 20.02.31:
Processing: "To subject to some special process or treatment, as in the course of
manufacture"; change in the physical state or chemical composition of matter; the
second step in utilization of a natural resource; examples include petroleum refining,
oil shale crushing, retorting and refining, ore smelting, coal crushing and cleaning,
. a-
saw mills, alfalfa pellet mills, food canning or packing, creation of glass, ceramic or
plastic materials, gravel crushing, cement manufacturing; concrete batch plants.
Section 5.03.07 (attached) includes a description of an impact statement required as
part of the SUP submittal. These Regulations require that the applicant provide the
following information:
"..Its location, scope, design and construction schedule, including an explanation of
its operational characteristics. "This information, consistent with Section 5.03.07,
was submitted�with the application and is included with the Staff Report. (See pgs.
1 IL)
Furthermore, Section 5.03.07 establishes requirements for industrial operations.
Each of these requirements are presented below, followed by a discussion regarding
the conformance of the SUP these requirements.
Section 5.03.07 requires that the impact statement shall show that the use shall be
designed and operated in compliance with all applicable laws and regulations of the
County, State and Federal Governments, and will not have a significant adverse
effect upon:
A.) Existing lawful use of water through depletion or pollution of surface
runoff, stream flow or ground water;
B.)
The applicant has provided copies of the well permits given to the original
operator, that demonstrate—_
a+legal\ and adequate water supply for the proposed
operation. (See pgs. I'
Impacts on adjacent land through the generation of vapor, dust, smoke,
noise, glare or vibration, or other emanations;
The applicant has stated that the area has been used for similar purposes since
the 60's and that they have submitted as a part of the application, a
Construction Permit from the Air Pol ution Control Division for the
applicant's business.(See pgs. i • ) In the impact statement, the
applicant states that any "objectionable noise, glare or vibrations to cany
beyond the property lines....".
Vibrations from the proposal appear to be inconsequential when compared
to the existing operation. Therefore, this issue requires no mitigation.
C.) Impacts on wildlife and domestic animals through the creation of
hazardous attractions, alteration and existing native vegetation,
blockade of migration routes, use patterns or other disruptions;
The site is an operational gravel pit, and the proposed use will not result in
any additional land or vegetation disturbance beyond which is currently
permitted.
D.) Affirmatively show the impacts of truck and automobile traffic to and
from such uses their impacts to areas in the County;
The applicant has stated that there will be approximately 45 trips out of the
site for the asphalt batch plant. All access is onto a State Highway, with
acceleration and deceleration lanes. This does not appear to be an issue
requiring any additional mitigation.
E.) That sufficient distances shall separate such use from abutting property
which might otherwise be damaged by operations of the proposed uses;
The adjacent uses on the same side of the highway are the same. The nearest
residential uses are over 1800 ft. from the property. There should be
sufficient distances from abutting property.
F.) Mitigation measures proposed for all of the foregoing impacts identified
and for the standards identified in Section 5.03.08 of this Resolution.
There do not appear to be any additional mitigation measures necessary for
this operation.
IV. SUGGESTED FINDINGS
That proper publication and public notice was provided as required by law for the
public hearing before the Board of County Commissioners.
That the hearing 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 the hearing.
3. That the application is in compliance with the Garfield County Zoning Resolution
of 1978, as amended.
.Y-
4. For the above stated and other reasons, the proposed use is in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
V. RECOMMENDATION
APPROVAL of the proposed Special Use subject to the following conditions of approval:
1. All proposals of the applicant shall be considered conditions of approval unless
stated otherwise by the Board of County Commissioners.
2. That copies of all updated Colorado Department of Health permits shall be submitted
prior to issuance of any special use permit.
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Cus o 2..Crushing, inc. \/
P.O. Box 1556
Rifle, Colorado 81650
(303) 625-3738
April 7th, 1997
Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
Gentlemen,
We are enclosing an application for a Special Use Permit to allow
an asphalt mixing plant to be set up intermittently at the former
Central Aggregates site, just east of Rifle. The site is now owned
and operated by Custom Crushing Inc. of Rifle.
This site has, in the past, been utilized as a gravel extraction
and crushing area, concrete ready -mix plant, Concrete pre -stressed
beam casting plant and asphalt plant site. A special use permit was
granted for the casting plant and for asphalt plant operations as
Resolution 4 84-56 and expired in 1989. Gravel crushing, washing
and screening operations are continuing at a modest rate and
inquiries have recently been made with regard to the possibility of
setting up a plant here for mixing the asphalt for the latast
airport paving job. Accordingly, we hereby make application for the
Special Use Permit in order to make this site available for that
project, as well as other projects which may occur during the term
of the special use permit.
A vicinity map at 1" = 500' is shown on Exhibit "A"
The proposed plant site is shown on Map Exhibit "B" and the
probable plant layout is shown on Figure 1, attached hereto.
The actual equipment layout may vary somewhat from that shown,
depending on the arrangement of the equipment used, but is expected
to occupy the location shown. No permanent structures are propos•=d.
Proposed hours of operation are 8 to 5, Monday through Friday, w_th
occasional Saturday work.
An assessor's map showing adjoining owners is attached as Exhibit
"C". A list of adjoining owners with mailing addresses is shown on
Figure 8.
A check for $ 400.00 is attached.
The site does not represent any additional disturbed area as the
area has been used in the past by gravel and concrete casting
operations. The site will eventually be reclaimed as part of the
planned lake and revegetation areas. A copy of the reclamation plan
which has been a part of previous permit applications is attached
planned lake and revegetation areas. A copy of the reclamation pian
which has been a part of previous permit applications is attached
as figure 2. The plan states that reclamation of the area would
begin in 1980, however, due to the ongoing operations and :he
continuing demand, this work has not been started. Existing bonding
to the State of Colorado assures that reclamation work will be
completed when operations cease.
The area occupied by the proposed plant will be approximately L.5
acres, including parking and access. We estimate that , during a
typical day's operation, that a maximum of 45 loads will be hauled
from the site. Acceleration and deceleration lanes exist on Hwy. 6
& 24, on each side of the intersection of our access road which
will accomodate the truck turning movements to and from the
highway. A copy of our access agreement with the Railroad is
attached as Figure 3.
Additional attachments are as follows;
Figure 4
Figure 5
Figure 6
Figure 7
Figure 8
Title Insurance Policy
State Air Quality Permit
Well Permits and Decrees for Domestic and
Industrial water.
Impact Statement
List of adjoining property owners
If you have any questions or, if our application is deficient in
any manner, please do not hesitate to contact us.
Custom Crushing, Inc.
27346 Hwy. 6 & 24
P.O.Box 1556
Rifle, Colorado 81650
970-625-2190
Olivia A. Fawcett
Bill B. Bailey
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THE RECLAMATION Or THIS AFFECTED AREA WILL BE RATHER SIMPLE AND
WILL COMMENCE DURING THE SEASON OF 1980. THE NATURAL DRAINAGE OF
SURFACE WATER WILL NOT LE AFFECTED AND THE OPEN LAKE AREA WILL
ONLY BE ENLARGED VERY SLIGHTLY, IF AT ALL. THERE WILL NOT BE ANY
TOPSOIL OR OVERBURDEN REMOVED FROM THE AREA. As SOON AS THE AREA.\
ALONG THE SOUTHERN BOUNDARY HAS BEEN MINED OF ALL GOOD SAND AND
GRAVEL, THE STOCKPILED OVERBURDEN WILL BE REPLACED IN THAT PIT
AREA AND COVERED WITH THE STOCKPILED TOPSOIL TO A DEPTH OF THREE
TO TEN INCHES, OEPENOIN; ON THE AMOUNT REMOVED FROM THE MINED SITE
AND THE AREA TO BE COVE,ED. THIS WILL FORM A WIDE BERM BETWEEN THE
COLORADO RIVER AND THE PIT OR LAKE AREA AND THE WIDTH OF THIS BERM
WILL BE DETERMINED BY THE AMOUNT OF AVAILABLE OVERBURDEN AND TOP-
SOIL THAT HAS BEEN REMOVED FROM THE MINED AREA. THE GRADE WILL
CONFORM TO THE EXISTING, SURROUNDING TERRIAN AND THE SLOPES WILL
BE 3:1 TO WATER LEVEL ANO 111 BELOW WATER LEVEL. AFTER THIS HAS
BEEN COMPLETED ALONG THE SOUTHERN BOUNDARY, THE SAME PRACTICE AND
METHOD WILL BE USED ALONG THE EASTERN BOUNDARY, WORKING FROM THE
SOUTH TO THE NORTH AND USING THE OVERBURDEN AND TOPSOIL FROM THIS
AREA TO AGAIN WIDEN THE BERM ALONG THE SOUTHERN BOUNDARY. WHEN
THIS IS COMPLETED, SEEDING OF NATIVE GRASS WILL SE _;NE ON THE
SOUTHERN BERM ANC THE MINING WILL SE CONFINED TO THE NORTHERN
BOUNDARY, IN THE SAME MANNER, WORKING FROM EAST TO WEST. THIS
OVERBURDEN ANC TOPSOIL ;JILL SE STOCKPILED AND USED FOR A SMALL •
BERM ALONG THE VORTHER!I BOUNDARY BETWEEN THE RAILROAD RIGHT-OF-
WAY ANO THE PIT OR LAKE AREA. THF n;.a:_r.N BoUNCARY -.AS BEEN
MINED IN THE PAST ANC DJE3 NOT HAVE ANY AVAILABLE MATERIAL, THERE-
FORE, ONLY THE BANKS WILL BE SLOPED, TO'PSCILES, AND SEEDED. WE DO
NOT INTEND TO PLANT ANY SHRUBS OR TREES SINCE NONE EXISTED PRIOR
TO MINING. IT 13 DUR INTENTION TO _E_.. THE RECLA1mEC AREA WITH
WESTERN NHEATGRASS USING APPROVED sRAOTICE3 ANO SEEDING RATE
RECOMMENDED 3Y THE SOIL CONSERVATIG, _DRvICE AT THE TIME OF SEED-
ING, WHICH WILL BE DONL AS SOON AS THE.REOLAIMED AREA IS NO LONGER
NEEDED FOR STOCKPILE AREA DURING THE MINING OPERATION. IT IS NOT
OUR INTENTION 70 USE FERTILIZER OR IRRIGATION UNLESS IS BECOMES
NECESSARY DUE TO THE EXISTING CONDITIONS OF THE SEASON. AFTER THE
.RECLAMATION HAS BEEN COMPLETED, THE AFFECTED AREA WILL BE RETURNED
TO AGRICULTURE ZONING AND IF NEEDED FOR OTHER USES, THE ZONING
WdLL BE CHANGED ONLY WITH
LAWS.
STRICT COMPLIANCE OF ALL LOCAL ZONING
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IN THEDI",TRICT COUH IN ,AND POR 1N V.,\ 17i -.t ou;Uc1'
WATEH DIVIs/on N0, 5 U'°e'n 1'+•;
STATE OP COLORADO 1.11411 1 l9'
CASE H0, 'd- 2504 ` 7f Crot_onnro
FOR k'AT4R RIGII'C5 or
IN M MATTER OR THE APPLICATION �c�.,i!�i7
a i,n Li„. j
P0R70-.MrX r OXCRETE, INC,
RULLlC OF -THE R"_J'EREE
I)! TEE COLORADO RIVER
F.t7rtrI,LC.Warl=122tiC RIV.XX ) .• HO : U DECP.EE POR
ABSOLUTE
i 'ATER RIGHTSw'IZE2AMsXrNOL VOC‹ )
IN GARFIELD COUNTY )
)
And the Referee having made the investigations renulred
fby 92 of Chapter 37, C.R.S. 1973, does hereoy mai the
rg ruling, to wit;
' This application was referred to tho Vatsr Rafarea o; Water
Division No. 5 on the Sch de/ tf ;;eccrber
---a__,, +974 ,
1. Rams of Ao:llcant Porto-Mtx Conreta Inc.
Address At. 1, Box 154, Glenwood Springs, Colored
2. The name of the structure to Porto -Mix Well No, 2.
3. The Legal description of thn stracture is Tha well is
located in Lot 1, Section 15, T. 6 S., R. 93 W. of :he 6:h P.X.
at a point whence the Northeast Corner o1 laid Section 13 bears
N. 57432'30” E. 1,497,90 feet.
•
a• The depth of the will. is 2! feet.
5. The date of initiation of aporttrlotion 13
5, November 21, 1965,
".e amount of water claimed is 0.11 cubic foot per
vetoed of •tree
7 a read', , r •,.e water is Lnduscr:41,fcr the cpera:Ion of
8. Th,, x Perorate operation.State Engineer's number is 10465_F.
9. The Priority data 1s November 22, 1965.
10. The date or toe application will recamber 4, 197'.,
aL!., c I:1 is aro ruling
gr or the ?ereree t. the statements the
itcsve�ls5 '.
so-rvtc granted ;h ,nil _te —tun' watt?, h right is
Zed - -: C_PS:^.d _.. r....
all earlier priority rt,;nca or others, •;; subject, however, to
It Is accordln;l, ORCE9ED
oftottive rip , :h11 :,*,1s ruling bi c9 become
-'car. ,leap l:,w9 :he ua:er C7 ark sett eP: to Judicial
re:tem as prov.'.Ced ty law.
KDor.e at he Care or Glenwood c
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.cs, o:O rtdo r
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Ito prntcet en, filed In tl': 'Atter.
^.e roreeetnR :'nit l: con(t;ned
An! ;;retied. And :A :ede the
JH. .;,et as Llenen thIA evt.
5r And, /ir'9{'l.V �"1, 75-
eve.
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Water 71v13ion Na. 5
Stat^, of Colorado
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STATE Of C04.ORADO
O(Y13?OH Or WATER R1SOURCZS
Of 14C1 Of THE STATE ENGINEER
6#O/N0 W A TER SICT)QN }
LOO ANO FMSTOIY OA WILL
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APPLICATION FOR:
OF COLORADO
PERMIT TO USE GROUND WATER
A PER,4(IT TO CONS!HUCT A WELL
7177 -,>:it ,a f
P.O. Adarsse 1 ,//^, 9 /1--,< f(,; County
Qu
ittty appll of , h Y -P' o r
AF Stonge
Used
on./ at
forC AL -c1 n(/ LC "s-/- Purposes
(OCAT?JN OF WL
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(legal description oi Land site) =3
Total acreage Irrigated and other rts.
ESTP:LkTED DATA OF WELL
Sols ilze: / / In. to /4 (it.
In. to ft.
CasLAg PLaln /r ln. from (' to //'j' ft.
In_ from to (t.
Ctp.ea or Peri In. fromtoft.
In. from to (t. c „
PUNIC? LAI( let =
DATA: Type,/icX,,�
,i...1((HP / Size / /4 —:9
Use Initiation date %/— ,--1 19/ N `n-
(Cse Supplemental pages (or aocliUunal u)
A a
THIS APPLICATION APPROVED
Pr_RMFT NO. 1.4S.
LBDED:DEC 13 nEt5 19
HOTS — SATE3FACTORY
of
sect. /S,
OR
Street Address or Lot L Block No.
Town or Subdivision
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Locate
well In
10 acre
(small)
square
18 near
as possible.
Large square
is one section.
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325.00 fee r qulred (or uses other
t^.1:71 Domestic or Livestock.
Applicant/ ;,: , -. �. ,�+ 777, .T.. 6
Agent or„1-, ... ,� ! 'j .-= r
a-tllerl- ,.. Lr No. 7/
Addresi( A !, /1 7C, ///. '.
CnnMPLET10N , EQUMED FOR APPROVAL OF APPLICATION
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CARP cU CCVRY
Said 9oi1 it t474a74,4 In ht 1 CI S4c11c9 I!,
!cu h, Per,;,, 93 yiet1 n The Sian
=1!^c1001 Peri:iar iccat9; 0' V pci't .;.Y ,C' rota
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P.C. SOX .67
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1 4:b:A7tid 3V.:P£IER:.c 773 :is>
7
IN TIIE DISTIti CT eouu? 71; AND FOR
WATCH UIVISION NO. 5
STATE OF COipfAOO
CA3C NO, W 2503
IN TUT !MATTER OP TIIE APPLICATION
FOR IWATCR RIGIITS Cf
P;,`fi TC -MLU CJUCgETE, INC,
IN THE COLORADO FIVER
XTICIATUICEGCCDiACHAWAX
7N CARFIELD COUNT?
RULING
7.41
L 1J
IN coutur
)u
Divioi,wt
MAu11 197u
sm c Orr/ LGn oo
"Ale, Ckt
/BSCLC'TE DECREE FOR
—Ul t,,tOJNC WATER RIGHTS
And the Referee having Rade :he Investigations recruited by --
Article 92 cf Chapter 37, C,R.S. 1973, does hereby ,hake the
following ruling, to -wit:
This application was referred to the vete: Feferee of
Water Divitlon !lo. 5 on the 9ch day of December , 197_4_
Name of Applicant ' Porto -/(ix Concrete Inc.
Address 4t. 1, Box 164; Glenwood Snrin;ys, Colorado
2. The name of the structure is Porto -.Mix Well No. 1.
3. The :.anal description of the structure Is: Its well Is
located in Lot 1, Secrlon 11, T. 6 S., R. 93. W. of the 6th P.M.
At a point whence the Sorneast Cot:.wr of said Section l5 bears:
N. 59635' L. 1,343,27 teat,
4. The depth of the well Is 21 feet.
5. The date of the initiation of the appropriation is November 22, 14
6. The Amount o! water :Lamed 1i 0.022 cubic toot per second of CL•r
7. The use of the water 11 doxescic.
8. The !tate Engineer's number la none,
9. The priority date 1s November 22, 196b.
1C,The dates of the application was December 4, 1974,
It le the rv1i., of the Referee t.lat :he s:.%semen o !n •he
aool:.co:!,)n are true an': that the above described +q:er right 1a
approved.
The tbove described underground water right meets the
criteria. for an tzert:t dtrsstio veil pursuant to C,R.C. 197
:7 -i2 -602(1)X, and 37-5 -6C7(4, so lone as „ is used
for the ;,urporng se: firth he:sir.
It is a: cordir.jiv OrDCRE^ thi: tots rui'nr shall becc,.e
.r^n.•,.... ,: ".'.A with ti. '.late' ,..
..: suc•I act to Judicial
.av:uw as ,route d by law.
Done At the Cf:y of Glenwood Springs, Colorado, this
//in day or iyl.5.'eP.J 1971"
pretest ern ::led in %h'i: ......r.
t,regeime r;:1nd is scat' nod
e:.J ttproved, And IS .E ! the
Jud;.;vet sad Dacroe a this
Cntadi '(/ t-7 Q75
.f�`fM
G r nm,o
• t? •
4tar Referee
ti -ter D:v!aion No, 5
State o: Colorado
-ALP4 ...�lY_i E' 3INS_E=":Y' 573 345 '137
c� W OFTiF,c 6TH.PM
LOT/
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r _ PO.PTO'-/v%/ X
WELL NO. /
YAG G/ -
PC 7-,',-.1ix 11E'.l VC. 1
VA 4F'eltl CaiT"i
CClpUOp
Sell xei' la sl, -;arid I• lar I Of Section :5, 7G.nsnip 5 Scur'n,
:acyl 11 1.'e j!sV PrindpiI 'ori;'. :cca.p,; nr a point
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THE UISS':2IC1 COIEY2 171 MW
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37,12E OF COLCRA,XI
Application No. f1-2253
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FILEO
IN NATER couRT
Division N,. 5
JU L 2 21974
6 K Or CO HA:0
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the Glove entitled .,.,plicatio. was tiled on Rnreh 25, 19;'4,
&Ad wee referrsd to the t.nderaigned as Vater Retina for. !tater Eividen
No. 5, Sante of Calorado, by the Vater Judge of acid Court on the) 3rd day
of April, 1971, in accordvice with Artdcls 21 of C.'tapter 148, Colorado
;:evlsed Statutoo 1963, a. ane_ded !Chs t..r 373 +..., Cc_o, 19C9), known.
re Tie '.'rarer Rights Iht•cs.instins and Alaiaistrnaon Act of 1969,
And tea undersigned toter,. haver; *ads such investiLetions as
art necessary to :storable '?:ether or not tht State^_•thta in t.* appl:0ation
ars trial end Sa',tn.I( baoze sully advised with raapeat to t)ta sub;tct ratter
Of aha sr9111 axion coos htrty cake is foiloeinC deter.. at.on old
es the 3eferel Se this natter, to -vitt
1. the aU twit to to the appliestien i.r, trots.
2. Cho AtTa$ of the stoic arts Savo:and AT: th.t Ears Ditch,
and U,a Porto -Nis aitch, Airy and 'r!poiL:e.
3. The est/ of the clainatt and ad?rev S: Porte -It's :orgrats,
... , rto•:ta 1, ?.ax 16+, i.nwocd C,-_ags, Colorado,
L. The sorce of *.o .Gtr is the Colorado fiver.
9. (s) rao point of diversion o! the lyre ?itch, no dsestd,
is locoed on !its North beck of tt; CC,.o:sic liver, an C cotton
^,ownslip c S., ;tangs 93 :•oat of the 5th flot.
(k) Tc .mint of di'nrei on of the Por to -hi x :. tch,
:r31L. to tte1 Y.. C:. !:cr :n �t,:. c! .`.e Ora
>v<r at o rein!s :o t.:..•.• care:,- of Ctvtion2c., C
Too^si.ir 6f., '':.Pee?' oI ...; Eeh I'K, be.ern
le .•• .57 :4a,^i•• '.0^. t i :1.:.
, the:Icr'�e:It -0 :.er t. .:l'f: 'ia�' 6
Rtc-e9. '?cat of LM ):.'.. , ..... iG. .. .. 52, •4i :A3: 146.5.42
6. ne i',.y !' ie.$0, Sn Clvt'. AcCtcr.:: ::3, the Carfle_.4 Cc:uty
:SC _ .'trao< �Y ',r► 21 '.:'e ... ... a.'2 I:O. 'e.
Prior: t•, fb •t9 for ..0 •cubic .... 1 : vetoper net or.d o! time,Ind 2. t t, 'O. 59 !l: 1.5 curse :^r t of .wt r PC: acc :
ed of
'Spee. !r. t'• e:pre:rlatlnr, ,+,,.•:cn c.' ::ivory l:, lf.."1•._.9
N,rcn
:i, 1Ps , reap.+c tsvniy, tot. .:v5 .'or Lrcl Cntl un.
77w _?paean! .^.cools is the o,r^r :! C.9 cub:: Coot. of voter
:.rco•vi or tae of prior: t7' ;:o. :9.
5 nsuii ql P_5:) C_ Etw i.'EFJS'C 373 ?S "37
Jam.,
7.On rlarch 79, !975, tho npplia.vnt )'ii.'! 1n Wnt ,• Curt for
'.•'star Ctvl.olou no. 5, nn app'licution for chonf•• of wattr right
in which it in rcq:w:led trot the '+Dint of diverrion fat 0.9
cubic foot of vator per orcan'I of time of f•riority :'.o. 19
pr':vi oun'-y awarded to the Tyre Ditch, acid point of divrrni or
being :ddercrihnd in parnerapn ! (a) nhove, ',,a thoagsd to the
point o,' divcruion of tho Porto -Six Ditch, Rapp .N:d Pircitne
os dtsar&Sed in Pnrngraph 9 ;S) ntova. It is further requeste.d
that the uoe of the water be charynd flax: irr:gitoa to
tnduatrtAt fcr the purpose of wrahiag gravel in ooncae;icn with
u cor,enu mixing and transport bu.tin:so and aggregate prrpmrot!ce
and trincport operntioaa.
In support of thia application it is :toted that Sy changing tie
point a: diversion end using a pump and pipeline a rush pore efficient And
000norical op•rntion is achieved. It is further stated ::. support of
roquost for change in use of the watt, tdtat t:.e return five of water to
the river after the gravel washing operation wt11 be cca.lderabi/ rare than
the return flow from irrigation use, rid that tut consumptive us. vi.). bt
decreased.
Tie Referee doss therefore eonaluds that the above entitled
appy -cation should bt granted and that the point 01 diversion for 0.9 Cubic
foot of water per oecond v: tine previously aearo.d to the rye► thteh •gide:
Priority No. 19 be changed from the point of diversion of t:.. trig ?Rica,
LS decreed, and ts described io Paragraph 5 (a) above, to the pont of diva: -
cion of the Porto -Kix Ditch, Pump and Pipeline ea de,eribed in paragraph
5 (b) ,boyo.
The Fatmt dots further conclude that the use of 0.9 cubic foot
of water per second of time previously awarded t. ;.i Gyre Ditch under
Priority ^.v, 19 be changed froa irrigation to ir.:ustricl for the purpose of
.aching gravel and the peepgratiod of aggregates.
.. la a:c ordi cg:y ORD<.tE] that this ri'_n; ahul_` ba filed with
the 'rater ClcrC-and sh.all 'inerns 4i:cative trod r:rh filing, rJaject, to ;uoic a:
roytow rurtuart to .cticn 1415_22-20 C35 195) nc tnondcd (1971).
.t 1v furtncr De;_2 : t:h,t n copy o: .ria ruling e:ua1.1 be --_ed
with the ',sco^rtote Division Fsgin:or and the :tate L-.ginerr•
ioct At the ^.Sry 0' tlenwood Sprints, Colorado, thish d
�i .
day Ot _7 1974.
t'o :r,te^.t :no filed :'n R.td L1tor,
:no faru0,in3 ruling Li conftrnd
+n^- approved, and if 'Alt t`.t
: Af;_-tnt and Decree of this court.
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in i,: aont o' dlvnrtl on la Sl vta•td a- a :,Int an ino
1i._t�Nr!v )).- or t . C)forncc 21 a; finance
"t Canner of Stc•I:, IS ,.own- ) h Sov•-1,
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Proposed Asphalt Plant Site Impact Statement
Reference is made to the Garfield County Zoning Resolution,
Sections 5.03.07 and 5.03.08.
5.03.07
a) The scrubbers which remove particulants from the exhaust stack
of the aggregate dryer will use approximately 2000 gallons per day
of industrial water. In addition, we expect to use a relatively
small amount of domestic water for drinking and clean-up purposes.
Well permits and decrees for domestic and industrial use, along
with a decree for Industrial water from the river are attached as
Figure 6. The total amount of industrial water decreed is 1.01
cubic feet per second of time and the total amount of domestic
water decreed is .11 cubic feet per second of time.
b) We propose that any plant which will occupy the proposed sLte
have the required permits from the State Air Pollution Control
Division, which limit the opacity of the emissions and the quantLty
of particulate matter emitted. The permits also specify production
rates of asphalt materials produced and required methods of dist
control.
We further propose that the Permits be provided to and permission
be obtained from Garfield County for the specific plant, prior to
any production of asphaltic paving materials. We cannot provide the
permits at this time because they are issued to and travel with
individual plants.
We do not anticipate objectionable noise, glare or vibrations to
carry beyond our property lines. Dust control will be continually
carried out by the plant operator in accordance with his permits.
Our closest residential neighbors are approximately 1800 feet
northeasterly, across the highway along One Mile Pond Road and
approximately 1320 feet southerly, across the Colorado River.
Industrial Operations have been regularly occurring in this area
since the pit was originally established in 1960. As far as we are
aware, no complaints have been made with regard to objectionao le
noise, glare or vibrations. Our other neighbors adjoining the
property include the City of Rifle pumping station, Conest)ga
Storage, Casey Concrete and Golden Buff Enterprises.
c) This site has been in operation since 1960 with different types
of industrial uses. Accordingly, we do not anticipate that any
additional impact to wildlife or domestic animals will occur.
The area is frequented by deer, eagles, geese, ducks, Beaver,
Herons and other types of small animals and birds, who seem to be
able to share the area with the ongoing operations. Accordingly, we
do not believe that any mitigation measures are necessary.
d) We estimate that, during a typical days operation, a maximum of
45 loads will be hauled from the site. Acceleration and
deceleration lanes exist on Highway 6 & 24, on each side of Dur
access road, that will accommodate the turning movements to and
from the highway. Sight distance is excellent from both directions
and we believe that operations here in the past have demonstrated
that truck and other vehicle traffic can access the highway without
significantly increasing the hazards of the driving public.
We believe that less traffic will be generated to State and County
roads by locating the plant at the source of the base material. If
the plant were located somewhere else, it becomes necessary to
haul the base material to that location and then the asphalt mix
hauled to it's final destination. This has the effect of doubling
the number of truck trips, fuel required and emissions produced to
place the same amount of material.
We do not believe any mitigation measures are required for the
proposed traffic.
e) The extreme southwest corner of the proposed plant site is 50
feet from the boundary of the property. Rear setbacks for A/I
zoning is 25'. Accordingly, we believe we are in compliance w_th
the zoning resolution. Furthermore, we intend to comply with the 40
foot height limitation, since an asphalt plant exhaust stack, which
is the highest portibn of the plant, does not exceed 35 feet.
f) The mitigation measures proposed have been previously discussed
on an item by item basis.
5.03.07
1) The proposed plant can and will be operated within limits for
sound generation set by this section.
2) Vibration is not a factor of concern with this equipment. The
operator will be in compliance with this section.
3) All operators are required to obtain an emission permit from the
State. The permit regulates visible emissions, maximum productLon
rate, limits particulate matter and dust control procedures. T7is
will assure that the plants are in compliance with all Federal,
State and County air quality regulations.
4) Heat and glare are not expected to be perceptible outside :he
immediate area of the plant. Emissions from the exhaust stack will
be visible from adjoining property but will not contain fumes or
particulate matter in excess of that allowed by the State Permit.
No radiation will be produced as a result of the proposed
operations. No operations will interfere with the existing use of
any adjoining property or will constitute a public nuisance or
hazard.
5) N.A.
6) The scrubbers which remove particulant matter from the aggregate
dryer exhaust stack will produce approximately 2000 gallons per lay
of non-toxic slurry. This will be detained in tanks or a small
evaporation pond until dewatering occurs and will then be miced
into the topsoil stockpiles for use during the eventual reclamat_on
of the entire site. Berms will be utilized to capture any
accidental asphalt, fuel or oil spillage. It shall be :he
responsibility of the plant operator to dispose of any result_ng
toxic waste at an approved disposal site.
Portable restroom facilities will be installed for use of the
employees associated with the plant.