HomeMy WebLinkAbout2.0 PC Staff Report 08.11.2010Exhibits — Major Impact Review — The Dolores B. Blue Revocable Trust and Dee Blue — SUAA
6289 (Blue Pit Expansion) Planning Commission Public Hearing (8/11/2010)
Exhibit
Lett elr
(A�to
Exhibit
A
Proof of Publication, Posting, and Mailing
B
Garfield County Unified Land Use Resolution of 2008, as amended
C
Garfield County Comprehensive Plan of 2000, as amended
D
Application
E
Staff Memorandum
F
Staff Powerpoint
G
Memo from Jake Mall, Garfield County Road and Bridge, dated June 14, 2010
H
Email from Jim Rada, Garfield County Public Health, received on June 17, 2010
I
Letter from Karen A. Berry, Colorado Geological Survey, dated July 6, 2010
J
Memo from Steve Anthony, Garfield County Weed Management, dated July 7, 2010
K
Email from Doug Dotson, Town of Carbondale, received on July 12, 2010
Email from Greg Peters received on July 22, 2010
L
M
Letter via email from Ernest Kollar dated July 26, 2010
N
Letter via email from John and Nancy Thorpe received on July 27, 2010
0
Code Compliance letter and report from 1997
P
Email, with attachment, from Sean Mello, received on July 26, 2010
Q
BoCC Resolution 81-384
R
BoCC Resolution 93-051
S
BoCC Resolution 96-48
T
Email from Dan Roussin, Colorado Department of Transportation, received July 28, 2010
U
Letter from Martha Cochran, Aspen Valley Land Trust, received on August 2, 2010
L.4
///x,544- 755"
A.
P4 -
y{�z
v•
i i -
oS ti / z, � , N. r�
teti up " U' k• `�'�
k Q\ t s\ Planning Commission \i),/ `� \wN ���`�'� 8/11/2010 TV \�, \il �\ '`
lb
la
\
PROJECT INFORMATION AND STAFF COMMENTS\'''',�.111
REQUEST SUAA 6289 — Special Use Permit
Amendment to expand an existing sand andf
AP
gravel operation (The Blue Pit) �j
APPLICANT/PROPERTY OWNER The Dolores (Dee) B. Blue Revocable Trust 5A,
and Dee Blue
REPRESENTATIVE Bill Roberts/Western Slope Aggregate
PARCEL ID 2393-254-00-265 & 285
PROPERTY SIZE/SITE AREA 146.87 acres
LOCATION Approximately 2 miles northeast of
Carbondale, CO, east of CR 103 and north
of SR 82
ACCESS
EXISTING ZONING
Direct access to SR 82
Rural
I. GENERAL PROJECT DESCRIPTION
The property owner requests approval of an amendment to an approved Special Use
Permit to expand the "Blue
Pit" which is a gravel mining
operation originally approved
by Garfield County in 1981
with numerous amendments.
The two parcels total
approximately 289 acres in
area with 82.70 acres used
for the current mining
operation and an additional
64 acres requested for
expansion of mining
operations. The site is
accessed from SR 82 with a
secondary access via CR 103
and CR 104. In addition to
the existing gravel mining the
site contains a maintenance building, office with scales, concrete batch plan, and material
storage/crushing area. A more detailed aerial photo of the existing site and expansion
area is shown below.
The site is located approximately 2 miles northeast of Carbondale, north of SR 82 and
between County Road 103 and County Road 100. The request, noted in the application
narrative, includes approval of an approximate 64 acre expansion of the mining area for
mineral extraction. The terms from Article 16 Definitions of the Unified Land Use
Resolution (ULUR) that apply are "Mineral Resource (Other than Natural Gas or Oil)"
and "Industrial Use or Activity (1) Extraction" are shown below.
Mineral Resource (Other than Natural Gas or Oil). An constituent of the earth in a solid,
liquid, or gaseous state which, when extracted from the earth, is usable in its natural form or is
capable of conversion into a usable form as a metal, a metallic compound, a chemical, an
energy source, or a raw material for manufacturing or construction material.
Industrial Use or Activity. Uses engaged in processing, manufacturing of materials from
either extracted or raw materials from either extracted or raw materials or from previously
prepared materials resulting in a new product designed for wholesale or retail sale. (Note:
Article VII of this Resolution contains specific review standards specific to Industrial Uses.)
(Resolution 2010-26)
1. Extraction: to draw out or forth; hence to derive as if by drawing out"; removal of
physical matter in a solid or liquid state from its naturally occurring location; the
initial step in utilization of a natural resource; examples include shale and coal mines,
gravel pits, timber cutting;
2
II. BACKGROUND
The "Blue Pit" Special Use Permit (SUP) for gravel extraction was originally approved
by Garfield County in 1981 with approval of Resolution 81-384 (Exhibit Q). The
approval included specific conditions for access and hours of operation which have been
maintained as conditions throughout the project history. An application to add Asphalt
and Concrete Batch Plants was denied in 1983. There have been various amendments to
the original SUP approval including temporary access to SR 82 (Reso 93-051, Exhibit R)
then permanent access to SR 82 (Reso 96-48, Exhibit S) and approval of a concrete batch
plant in 1991.
The current request is to maintain the existing operations and add an additional 64 acres
to the permitted area for gravel extraction. The application states that there is
approximately 25 acres remaining for gravel operations which would provide
approximately 9 years of mining activity on the site.
Comments have been received from adjoining property owners (Exhibits L -M) concerned
with expansion of the site and note impacts such as noise, dust, traffic, visual impacts,
and hours of operation. A search of Garfield County Code Compliance records find only
one complaint letter received and investigated in 1997 (Exhibit 0).
III. SITE DESCRIPTION
The Blue Pit is located approximately 2 miles directly northeast of Carbondale, CO, north
of SR 82, and between County Road 100 and County Road 103. Primary access is
provided by SR 82 with an approved access permit from the Colorado Department of
Transportation (Application Appendix C) with secondary access of off CR104/CR 103.
The primary access point is directly across from The Ranch at Roaring Fork subdivision
sharing the median break for site access. The driveway from SR 82 is paved up to the top
of the ridgeline screening site operations from the roadway. The overall site plan shown
below (Map C-1 in the application) illustrates the existing site operations and the
proposed expansion area.
The property is bounded on the south by SR 82, on the east by private property (a portion
of which was the old Carbondale Landfill), on the north is a steep hillside within the
parcel boundaries and protected by a conservation easement, and by a farm field to the
immediate west also within the parcel boundaries. Further to the west there is farmland
that appears to be used for agricultural production. The Ranch at Roaring Fork
subdivision is located directly south of the site adjacent to and across SR 82 and the
Wooden Deer subdivision is located approximately ''A mile north of the proposed
expansion area. There are no bodies of water identified on the site but the Basin Ditch
runs through the central portion of the site and the applicant states that water from the
ditch is used on site in their mining operations.
3
IV. SITE PLAN
Current Operations and Expansion Area
The overall site plan, shown above and included in the application binder (Labeled Map
C-1), shows the existing mining operations and the proposed expansion area. The current
operations (shown below) include a maintenance building and office with scales located
at the site entry, just over the top of the berm. There is a concrete batch plant located in
the bottom of the pit at the eastern end of the parcel. The material storage/crushing area
is also located in the pit bottom just west of the concrete batch plant. Primary access is
directly to SR 82 with a secondary access through a private roadway, labeled "farm road"
4
which connects to CR 104. Current approved mining operations will move westward into
"Mining Area 2" towards the proposed expansion area.
The expansion area, shown below, is currently in agricultural production/pasture and
would move mining operations both westward, past the farm road, and northward. The
application shows the relocation of the private roadway along the northern and western
boundary of the proposed expansion area.
Phasing
The total land area for all phases of the expansion is 63.79 acres and is best illustrated on
the Mining Plan. A portion of the Mining Plan showing the proposed expansion area is
shown below.
Mc'icc; Ace.
I1J Wow
WW1° 000 Toro Co alto
610.000 Inn. NOM. To accola
Ears COO Taw twocal To Peocono
The mining plan shows five "Mining Areas" labeled 1-5 and also a "Temporary Wash
Plant and Stockpile Area" just east of Mining Area 3. Mining Area 1 and 2 are both
located within the current confines of the approved SUP. Mining Area 1 would remain to
house the office/scales/maintenance buildings, concrete batch plant, and
crushing/stockpile area. This area would be the final portion of the site to be reclaimed
due to on-going site operations within the original gravel pit. Mining Area 2, still within
the original SUP site boundaries, would be included in the "reclaim as you go" proposed
as part of the operations within the expansion area and discussed in the Visual Analysis
Report in Appendix G. The remaining phases, 3-5 would be sequentially mined and
reclaimed as gravel extraction proceeded to each sucsessive phase. Initial slopes, during
mining operations, will be 1.5 to 1 to maximize extraction and then reclaimed to 3 to 1.
The pit floor will be the reclaimed during the final stages of operations with top soil and
reseeded for use as pasture. The reclaimed slopes will be reseeded and used as
rangeland.
V. REFFERAL AGENCY COMMENTS
Staff referred the application to the following State agencies and/or County Departments
for their review and comment. Comments received are noted below and incorporated
within the appropriate section of this memorandum. Comment letters are attached and
labeled as noted.
• Town of Carbondale (Exhibit K) An email from the Town of Carbondale noted no
concerns as long as mining activities did not pierce the aquifer supplying Town water.
• Carbondale and Rural Fire Protection District (No Comments Received)
• Colorado Department of Wildlife (No Comment Received)
• Colorado Department of Transportation (Exhibit T) The applicant is updating the
existing CDOT access permit which may include specific roadway improvements within
three years. There are no issues using the current access permit for gravel mining
activities.
• Colorado Geological Survey (Exhibit 1) The CGS noted the surrounding geology and the
potential for subsidence and temporary effects on mining activity if a subsurface collapse
occurs. This potential exists and is unrelated to the mining activity and will not impact
mining activity.
• Garfield County Road and Bridge Department (Exhibit G) Road and Bridge noted the
requirement for a stop sign at the entry to CR 104, overweight/oversize permit
requirements, and participation in future road maintenance or improvements to the
County Road System.
• Colorado Division of Mines (No Comment Received)
• County Vegetation Management (Exhibit J)
• Garfield County Engineer (No Comments Received)
• Garfield County Development Engineer/Contract (No Comments Received)
• Garfield County Health Department, Environmental Division (Exhibit H) All permits
appear to be in order. The wrong contact information was in the SPCC plan.
6
• Basin Ditch Company (No Comments Received)
• Spring Ditch/Private (No Comments Received)
VI. ISSUES
a. Traffic- Garfield County Road and Bridge commented noting that there were
minimal impacts to the county road system and recommended conditions which
have been included at the end of this Staff Memo. The Colorado Department of
Transportation (CDOT) commented and that the applicant is updating the current
permit with no issues for continued access. The application included a copy of the
CDOT access permit to CR 82, issued in 1996, and also a basic traffic analysis
(Application Appendix C). The report, prepared by Kimley-Horn, notes that
there will be no increase in traffic from site operations and proposed expansion of
the permitted mining area. Emails and letters received from area residents
commented on the current traffic impacts, especially operating outside of the
permitted hours of 7AM to 5PM including back-up alarms on the trucks (Exhibits
L -M). WSA is concerned with the noise of back-up alarms and is exploring other
types of systems that are both quieter and also meet the safety requirements for
their staff (Exhibit P).
b. Visual Impact -A Visual Impact Report analysis is included in the application
(Appendix H of the Application). The report identifies three visual sensitive areas;
Area 1—Highway 82, Area 2 -The Roaring Fork River Valley, and Area 3 -Homes
North of the Pit. The analysis states that impacts to Areas 1 and 2 are minimal
due to the screening nature of the berm which shields site operations the full length
of the existing site and proposed expansion. Emails and letters received from area
residents (Exhibits L -M) commented on the visual impacts from their home sites.
The applicant states that visual impacts are reduced significantly due to the natural
terrain, phasing plan, "contemporaneous reclamation", and the use of temporary
seeding prior to final reclamation.
c. Noise- Emails and letters received from area residents commented on the noise
impacts of site operations from back-up alarms on the trucks (Exhibits L -M)
outside of the permitted hours of 7AM to 5PM. WSA is concerned with the noise
of back-up alarms and is exploring other types of systems that are both quieter and
also meet the safety requirements for their staff (Exhibit P). The conditions of
approval from past Resolutions are still valid and can be enforced based on a valid
complaint from area residents.
d. Flours of Operation -Area residents noted that, at times, the site is operational
beyond the approved hours of 7AM to 5PM, Monday — Saturday (Exhibits L -M).
The conditions of approval from past Resolutions are still valid and can be
enforced based on a valid complaint from area residents.
e. Air Quality- The application includes copies of Construction Permits approved by
the CDPHE (Appendix F of the application). The permits address air emissions
from the crushing and screening operations and limit emission of particulate matter
including PM 10 (particles less than 10 microns in size) to a yearly amount
7
identified in each of the three permits. Compliance with the permits "...shall be
demonstrated by maintaining annual records. .." and is self monitoring. Emails
and letters received from area residents commented (Exhibits L -M) on the dust
generated by the mining operations. After discussion with R.K. Hancock of the
CDPHE any complaints would be field investigated but cautioned that windy days
generate off site dust and a determination of the source is difficult.
f. Timing of Application and Joint Application -Comment letters from neighboring
property owners state that an adjoining property owner is contemplating an
application for gravel extraction at the northeast corner of the SR-82/CR 103
intersection, across from the LaFarge Pit located at the northwest comer. The
comments request that Garfield County combine the current application for the
Blue Pit expansion with any proposal for a new pit at SR -82 /CR 103. A pre -
application meeting was held on May 13, 2010 for a proposed gravel extraction
operation at the above location but an application has not been submitted. It
would be difficult for Garfield County to force the owners of the Blue Pit to
combine their application with an adjoining property owner, especially when an
application for a competing gravel operation has not been submitted.
VII. REVIEW STANDARDS & STAFF COMMENTS
Major Impact Reviews for Gravel Extraction are required to adequately address topics in
the listed submittal requirements of Section 4-501 (F) Major Impact Review which
includes Land Suitability Analysis (Section 4-502(D)), Impact Analysis (Section 4-
502(E)), Erosion and Sediment Control (Section 4 502- (C) (4)), the general development
standards found in Article VII of the Garfield County Unified Land Use Resolution of
2008 (ULUR). Pursuant to Divisions 1-3 of Article VII all applications for land use
change shall conform to the listed standards. Divisions 1-3 discuss General Approval
Standards, Resource Protection, and Site Planning and Development. The applicant has
addressed all of the requirements of the ULUR that apply to this Major Impact Review
and specifically for Gravel Extraction with standards listed in Section 7-840, Additional
Standards Applicable to Gravel Extraction. The following provides a review of specific
standards that are of interest to the Board when considering the impacts caused by Gravel
Extraction followed by a Staff Response:
Section 4-502(E) Land Suitability Analysis
1. Public Access to Site. Show historic public access to or through the site.
2. Access to adjoining Roadways. Identify access to adjoining roads and site
distance and intersection constraints.
3. Easements. Show all easements defining, limiting or allowing use types and
access.
Staff Response (For items 1-3): The property has public road access via SR -82 with
an active access permit issued by the Colorado Department of Transportation
(CDOT). Secondary access to the site is through CR 104 connecting to CR 103.
Comments from CDOT stated that he applicant is updating the existing CDOT
8
access permit which may include specific roadway improvements within three years
and that there are no issues using the current access permit for gravel mining
activities. Garfield County Road and Bridge had no issue with the proposed
expansion and recommended specific conditions for a stop sign at the entry to CR
104, overweight/oversize permit requirements, and participation in future road
maintenance or improvements to the County Road System.
The Basin Ditch runs north/south through the existing mining operation and the
Spring Ditch is located within a pipe at the extreme southeast corner of the site.
4. Topography and Slope. Topography and slope determination.
Staff Response: The property is hidden from view on the south by a 90 foot high
ridge that runs the length of the property along the southern boundary effectively
screening mining operations from SR 82. The eastern portion of the site contains the
original Blue Pit operations consisting of the office/scales/maintenance building, the
batch plant, and crushing/screening operations. The western portion of the site is
slightly bowl shaped and currently in agricultural production as grazing land. The
topography increases significantly north of the Blue Pit (labeled Pinyon -Juniper
Woods on the site plan) with this portion of the parcel contained within a
conservation easement. The topography within the expansion area has no significant
slope and contains a central "bowl" increasing eastward. The Garfield County
Geographic Information System identifies an area of moderate Soils Related Hazard
in the northeast corner of the site which is also noted in the letter from the Colorado
Geographic Survey (Exhibit I).
5. Natural Features. Significant natural features on-site and off-site.
Staff Response: The expansion area is slightly bowl shaped and currently in
agricultural production as grazing land. There is an increase in elevation as you
move northeastward in the proposed expansion area. There are no water bodies
identified on the proposed expansion site. The Basin Ditch runs north/south through
the existing mining operation and the Spring Ditch is located within a pipe at the
extreme southeast corner of the site. Two wash ponds are located within the
confines of the current mining operation and shown on the site plan. There is a
significant 90 foot high ridge that runs east/west along the property's southern
boundary. A significant hillside is located north of the Blue Pit and out of the
mining area.
6. Drainage Features. Existing drainages and impoundments, natural and
manmade.
Staff Response: There are no water bodies or drainage features identified on the
proposed expansion site. The Basin Ditch runs north/south through the existing
mining operation and the Spring Ditch is located within a pipe at the extreme
southeast corner of the site. Two wash ponds are located within the confines of the
current mining operation and shown on the site plan.
7. Water. Historic irrigation, tailwater issues, water demands, adequate water
supply plan pursuant to Section 7-104.
9
Staff Response: The proposed expansion area will not create an additional demand
for water. The current Blue Pit operations has an approved augmentation plan for
use of ditch water and an approved well for site operations (Appendix J).
8. Floodplain. Flood plain and flood fringe delineations.
Staff Response: The Garfield County Geographic Information System does not
identify any designated flood plain or flood hazard area.
9. Soils. Soils determination, percolation constraints, as applicable.
Staff Response: The top soil located on the proposed expansion area will be
stockpiled and will be reused for final site reclamation. This standard does not
apply.
10. Hazards. Geologic hazards on-site, and adjacent to site.
Staff Response: The Garfield County Geographic Information System identifies an
area of moderate Soils Related Hazard in the northeast corner of the proposed
expansion area which is also noted in the letter from the Colorado Geographic
Survey (Exhibit I). There are no other geologic hazard areas identified on the site.
11. Natural Habitat. Existing flora and fauna habitat, wetlands, migration routes.
Staff Comments: A Wildlife and Habitat Assessment was prepared by
Environmental Solutions for the proposed expansion area. The report notes that the
site consists primarily of irrigated hay with the northeast corner a juniper -pinyon
forest on the edge of the hillside slope. No wetland species were found on the site.
Deer and elk are the two most affected species that use the site both during the
summer anid as winter range and that deer make less use of the site than elk. There
are no mapped summer range, production areas, or migration routes for elk. The
report states that there will be a reduction in habitat area during mining activities but
proper reclamation and replanting would enhance the site for wildlife. The report
suggests the proposed weed control plan is a mitigating measure and that pet
restrictions be imposed to limit harassment of wildlife. The Garfield County GIS
identifies the following fauna habitat on the site;
o Black Bear overall range 2006
o Elk overall range 2006
o Mule Deer overall range 2006
o Mt. Lion overall range 2006
o Wild Turkey overall range 2006 (north 2/3)
12. Resource Areas. Protected or Registered Archaeological, cultural,
paleontological and historic resource areas.
Staff Response: The Application contains a letter from the Colorado Historical
Society located in Appendix I of the application. The letter does not identify any
archeological or historic sites within the project area.
Section 4-502(E) Impact Analysis The Impact Analysis shall provide a description
of the impacts that the proposed land use change may cause, based upon the standards
that the proposed use must satisfy. The Impact Analysis shall include a complete
10
description of how the applicant will ensure that impacts will be mitigated and standards
will be satisfied. The following information shall be included in the Impact Analysis.
1. Adjacent Property. An address list of real property adjacent to the subject property,
and the mailing address for each of the property owners.
Staff Comments: The Applicant provided an address list for property owners within
200 feet of the parcel for public notice which is located in Exhibit G of the
application.
2. Adjacent Land Use. Existing use of adjacent property and neighboring properties
within 1500' radius.
Staff Comments: The site is located in an area of residential, irrigated pasture,
rangeland, gravel mining, commercial uses, and rural residential uses.
3. Site Features. A description of site features such as streams, areas subject to
flooding, lakes, high ground water areas, topography, vegetative cover,
climatology, and other features that may aid in the evaluation of the proposed
development.
Staff Comments: The property is hidden from view on the south by a 90 foot high
ridge that runs the length of the property along the southern boundary effectively
screening mining operations from SR 82. The eastern portion of the site contains the
original Blue Pit operations consisting of the office/scales/maintenance buildings,
the batch plant, and crushing/screening operations. The western portion of the site is
slightly bowl shaped and currently in agricultural production as irrigated pasture.
The topography increases significantly north of the Blue Pit (labeled Pinyon Juniper
Woods on the site plan) with this portion of the parcel contained within a
conservation easement. There are no natural water bodies on the site but there are
two man-made ponds used in the mining operation, the Basin Ditch, and the Spring
Ditch. There are no areas of flooding or high ground water located on the site.
4. Soil Characteristics. A description of soil characteristics of the site which have a
significant influence on the proposed use of the land.
Staff Response: The top soil located on the proposed expansion area will be
stockpiled and will be reused for final site reclamation. This standard does not
apply.
5. Geology and Hazard. A description of the geologic characteristics of the area
including any potential natural or man-made hazards, and a determination of
what effect such factors would have on the proposed use of the land.
Staff Response: The Garfield County Geographic Information System identifies an
area of moderate Soils Related Hazard in the northeast corner of the proposed
expansion area which is also noted in the letter from the Colorado Geographic
Survey (Exhibit I). There are no other geologic hazard areas identified on the site.
6. Effect on Existing Water Supply and Adequacy of Supply. Evaluation of the effect
of the proposed land use on the capacity of the source of water supply to meet
existing and future domestic and agricultural requirements and meeting the
adequate water supply requirements of Section 7-104.
11
Staff Response: The proposed expansion area will not create an additional demand
for water. The current Blue Pit operations has an approved augmentation plan for
use of ditch water and an approved well for site operations (Appendix J). The
proposed expansion area has a historic water usage for irrigation of the pastures.
7. Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the
relationship of the subject parcel to floodplain, the nature of soils and subsoils
and their ability to adequately support waste disposal, the slope of the land, the
effect of sewage effluents, and the pollution of surface runoff, stream flow and
groundwater.
Staff Comments: There are no additional structures or wastewater disposal proposed
for the mining expansion area. The site is outside any identified flood hazard zones.
The application narrative reports that groundwater is located approximately 60 feet
below the surface in the current mining area increasing to 90 feet in the expansion
area (Page C-2). All mining activities will be maintained at least 2 feet above
groundwater. The Town of Carbondale commented (Exhibit K) and has no issue
with the proposal if mining activities stay above groundwater levels and the SPCC
plan if followed to contain spills.
8. Environmental Effects. Determination of the existing environmental conditions on
the parcel to be developed and the effects of development on those conditions,
including:
a. Determination of the long term and short term effect on flora and fauna.
11. Natural Habitat. Existing flora and fauna habitat, wetlands, migration routes.
Staff Comments: A Wildlife and Habitat Assessment was prepared by
Environmental Solutions for the proposed expansion area. The report notes that the
site consists primarily of irrigated hay with the northeast corner a juniper-pinyon
forest on the edge of the hillside slope. No wetland species were found on the site.
Deer and elk are the two most affected species that use the site both during the
summer and as winter range and that deer make less use of the site than elk. There
are no mapped summer range, production areas, or migration routes for elk. The
report states that there will be a reduction in habitat area during mining activities but
proper reclamation and replanting would enhance the site for wildlife. The report
suggests the proposed weed control plan is a mitigating measure and that pet
restrictions be imposed to limit harassment of wildlife. The Garfield County GIS
identifies the following fauna habitat on the site;
o Black Bear overall range 2006
o Elk overall range 2006
o Mule Deer overall range 2006
o Mt. Lion overall range 2006
o Wild Turkey overall range 2006 (north 2/3)
b.Determination of the effect on significant archaeological, cultural,
paleontological, historic resources.
Staff Response: The Application contains a letter from the Colorado Historical
Society located in Appendix I of the application. The letter does not identify any
archeological or historic sites within the project area.
12
c. Determination of the effect on designated environmental resources, including
critical wildlife habitat.
(1) Impacts on wildlife and domestic animals through creation of hazardous
attractions, alteration of existing native vegetation, blockade of migration
routes, use patterns or other disruptions.
Staff Comment: A Wildlife and Habitat Assessment was prepared by Environmental
Solutions for the proposed expansion area. The report notes that the site consists
primarily of irrigated hay with the northeast corner a juniper -pinyon forest on the
edge of the hillside slope. No wetland species were found on the site. Deer and elk
are the two most affected species that use the site both during the summer and as
winter range and that deer make less use of the site than elk. There are no mapped
summer range, production areas, or migration routes for elk. The report states that
there will be a reduction in habitat area during mining activities but proper
reclamation and replanting would enhance the site for wildlife. The report suggests
the proposed weed control plan is a mitigating measure and that pet restrictions to
limit harassment of wildlife be imposed. The area is not identified as critical habitat
with limited impacts to native vegetation. Impacts appear to be minimal.
d. Evaluation of any potential radiation hazard that may have been identified by
the State or County Health Departments.
Staff Comment: There are no radiation hazards identified for this site.
e. Spill Prevention Control and Counter Measures plan, if applicable.
Staff Comments: The Application includes a Spill Prevention, Control and
Countermeasure Plan (Application Appendix A) prepared by Greg Lewicki &
Associates in compliance with the federal regulations. The plan details how major
and minor spills are handled, emergency response, and training.
9. Traffic. Assessment of traffic impacts based upon a traffic study prepared in
compliance with Section 4-502(.1).
Staff Response: The property has public road access via SR -82 with an active access
permit issued by the Colorado Department of Transportation (CDOT). Secondary
access to the site is through CR 104 connecting to CR 103. Comments from CDOT
stated that the applicant is updating the existing CDOT access permit which may
include specific roadway improvements within three years and that there are no
issues using the current access permit for gravel mining activities. Garfield County
Road and Bridge had no issue with the proposed expansion and recommended
specific conditions for a stop sign at the entry to CR 104, overweight/oversize permit
requirements, and participation in future road maintenance or improvements to the
County Road System. A traffic study was prepared by Kimley-Horne (Application
Appendix C) which did not identify any increase in traffic volumes.
10. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise,
glare or vibration, or other emanations.
Staff Comments: The proposed mining expansion area would impact surrounding
property to some degree. Mining activities do generate a certain amount of dust,
noise, and vibration. The Blue Pit site has been in operation since 1981 and has
obtained all required mining, air emission, and access permits. Each permit,
13
including the approved Special Use Permit issued by Garfield County, have specific
requirements to reduce or mitigate nuisance impacts to surrounding property.
Letters from neighboring property owners have noted excessive noise and dust
which may be from Blue Pit or other adjoining land uses which include mining and
agricultural uses. The SUP conditions from Resolution 96-48 remain in force and
are included as recommended conditions of approval to reduce and mitigate impacts
to surrounding property owners. The proposed expansion of mining area activity, as
conditioned, meets the requirements of the ULUR of 2008, as amended.
11. Reclamation Plan. A reclamation plan consistent with the standards in Section 7-
212 (B).
7-212 (B) Areas disturbed during development shall be restored as natural -
appearing landforms that blend in with adjacent undisturbed topography (Reso
2009-53).
1. Contouring and Revegetation. Abrupt angular transitions and linear placement
on visible slopes shall be avoided Areas disturbed by grading shall be contoured
so they can be re -vegetated, and shall be planted and shall have vegetation
established and growing based on 70% coverage as compared with the original
on-site vegetation within two (2) growing seasons, using species with a diversity
of native and/or desirable non-native vegetation capable of supporting the post -
disturbance land use.
a. Revegetation of Disturbed Areas. To the maximum extent feasible,
disturbed areas shall be revegetated to a desired plant community with
composition of weed free species and plant cover typical to that site.
2. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed
areas.
3. Retaining Walls. Retaining walls made of wood, stone, vegetation or other
materials that blend with the natural landscape shall be used to reduce the
steepness of cut slopes and to provide planting pockets conducive to
revegetation.
4. Slash Around Homes. To avoid insects, diseases and wildfire hazards all
vegetative residue, slushiness, branches, limbs, stumps, roots, or other such
flammable lot -clearing debris shall be removed from all areas of the lot in which
such materials are generated or deposited, prior to final building inspection
approval.
5. Removal of Debris. Within six months of substantial completion of soil
disturbance all brush, stumps and other debris shall be removed from the site.
6. Time Line Plan. Every area disturbed shall have a time line approved for the
reclamation of the site approved by the County and a security shall be provided
to Garfield County in an amount of $2,500 per disturbed acre to be reclaimed
prior to the issuance of a Land Use Change Permit.
Staff Comments: The proposed expansion area would require review and approval
for a revised Reclamation Permit by the Colorado Division of Reclamation, Mining,
and Safety. A copy of the current Blue Pit mining permit is in Appendix D along
1.4
with a sound study. The narrative in Appendix D states that all requirements for the
requested SUP amendment, if approved, will be incorporated into a revised mining
permit application. The state permit lists the reclamation surety for the current Blue
Pit operations. Additional discussion on the mining operation and reclamation is
below under the staff comments for Section 7-840.
Section 7-100 GENERAL APPROVAL STANDARDS FOR LAND USE
CHANGE PERMITS
1. Section 7-101 Compliance with Zone District Use Restrictions
Staff Comments: As conditioned, proposed use complies with the development
standards of the Rural Zoning District and the development standards of Section 7-
840 of the ULUR.
2. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental
Agreements
Staff Comments: The property is located in Study Area 1 of the Garfield County
Comprehensive Plan of 2000 and is identified as "Resource Extraction" and
"Residential Medium 6 to < 10 acres/du" within the current extraction operation
and "Residential Medium 6 to < 10 acres/du" in the proposed 64 acre expansion
area. Section III, Goals, Objectives, Policies, and Programs discuss some of the
policies that apply under Chapter 9, Natural Resource Extraction;
9.1 Garfield County, to the extent legally possible, will require adequate
mitigation to address the impacts of mineral extraction on adjacent land
owners.
9.4 Dust, odors, and fumes should be contained within the extraction site
generating such emissions and should not negatively affect any surrounding
land uses.
The proposed request for expansion implements the goals and policies of the
Garfield County Comprehensive Plan by complying with the general development
standards of Article 7, Standards, the Specific Standards of Section 7-840
Additional Standards Applicable to Gravel Mining, and the Rural Zoning District.
3. Section 7-103 Compatibility
Staff Comment: The site is located in an area of residential, irrigated pasture,
rangeland, gravel mining, commercial uses, and rural residential uses. The property
is hidden from view on the south by a 90 foot high ridge that runs the length of the
property along the southern boundary effectively screening mining operations from
SR 82. The proposed mining expansion area would impact surrounding property to
some degree. Mining activities do generate a certain amount of dust, noise, and
vibration. The Blue Pit site has been in operation since 1981 and has obtained all
required mining, air emission, and access permits. Each permit, including the
approved Special Use Permit issued by Garfield County, have specific requirements
to reduce or mitigate nuisance impacts to surrounding property. Letters from
neighboring property owners have noted excessive noise and dust which may be
from Blue Pit or other adjoining land uses which include mining and agricultural
15
uses. The SUP conditions from Resolution 96-48 remain in force and are included
as recommended conditions of approval to reduce and mitigate impacts to
surrounding property owners. The proposed expansion of mining area activity, as
conditioned, meets the requirements of the ULUR of 2008, as amended.
4. Section 7-104 Sufficient Legal and Physical Source of Water
Staff Response: The proposed expansion area will not create an additional demand
for water. The current Blue Pit operations has an approved augmentation plan for
use of ditch water and an approved well for site operations (Appendix J). The
proposed expansion area has a historic water usage for irrigation of the pastures.
Potable water for the current mining operation is supplied by a private hauler in five
gallon containers.
5. Section 7-105 Adequate Water Supply
Staff Response: The standard does not apply for the proposed expansion. Potable
water for the current mining operation is supplied by a private hauler in five gallon
containers.
6. Section 7-106 Adequate Water Distribution and Wastewater Systems
Staff Comments: Staff Response: The proposed expansion area will not create an
additional demand for water distribution or wastewater systems. Portable toilets are
used in the current operations for the Blue Pit.
7. Section 7-107 Adequate Public Utilities
Staff Comments: There are no additional public utilities required for the expansion
area. There are existing power and telephone services for the Blue Pit.
8. Section 7-108 Access and Roadways
Staff Response: The property has public road access via SR -82 with an active
access permit issued by the Colorado Department of Transportation (CDOT).
Secondary access to the site is through CR 104 connecting to CR 103. Comments
from CDOT stated that the applicant is updating the existing CDOT access permit
which may include specific roadway improvements within three years and that there
are no issues using the current access permit for gravel mining activities. Garfield
County Road and Bridge had no issue with the proposed expansion and
recommended specific conditions for a stop sign at the entry to CR 104,
overweight/oversize permit requirements, and participation in future road
maintenance or improvements to the County Road System. A traffic study was
prepared by and -Horne (Application Appendix C) did not identify any increase in
traffic volumes.
9. Section 7-109 No Significant Risk from Natural Hazards
Staff Comments: The Garfield County GIS maps do not identify any areas of
natural hazard on the site.
16
Section 7-200 GENERAL RESOURCE PROTECTION STANDARDS
FOR LAND USE CHANGE PERMITS
1. Section 7-201 Protection of Agricultural Lands
Staff Comment: The use of the site will not adversely affect surrounding
agricultural uses. The Garfield County GIS identifies soil at the northeast corner as
"Prime, Irrigated" and at the southern boundary of the expansion area as "Irrigated,
Not Prime". The majority of the mining impacts will be centrally located with
some impact to the northeastern edge and southern boundary. On-site soils will be
stockpiled and reused in the final reclamation.
2. Section 7-202 Protection of Wildlife Habitat Areas
Staff Comments: A Wildlife and Habitat Assessment was prepared by
Environmental Solutions for the proposed expansion area. The report notes that the
site consists primarily of irrigated hay with the northeast comer a juniper-pinyon
forest on the edge of the hillside slope. No wetland species were found on the site.
Deer and elk are the two most affected species that use the site both during the
summer and as winter range and that deer make less use of the site than elk. There
are no mapped summer range, production areas, or migration routes for elk. The
report states that there will be a reduction in habitat area during mining activities
but proper reclamation and replanting would enhance the site for wildlife. The
report suggests the proposed weed control plan is a mitigating measure and
recommends pet restrictions to limit harassment of wildlife. The Garfield County
GIS identifies the following fauna habitat on the site;
o Black Bear overall range 2006
o Elk overall range 2006
o Mule Deer overall range 2006
o Mt. Lion overall range 2006
o Wild Turkey overall range 2006 (north 2/3)
3. Section 7-203 Protection of Wetlands and Waterbodies
Staff Response: The Garfield County Geographic Information System does not
identify any designated flood plain, flood hazard area, wetlands or other water
bodies on the site. The Basin Ditch runs through the center of the existing mining
area and the Spring Ditch is located on the extreme southeast corner of the site.
4. Section 7-204 Protection of Water Quality from Pollutants
Staff Comment: The Application includes a Spill Prevention, Control and
Countermeasure Plan (Application Appendix A) prepared by Greg Lewicki and
Associates in compliance with the federal regulations The plan details how spills
are handled, emergency response, and training. Site facility includes secondary
containment to reduce the chance of groundwater contamination
5. Section 7-205 Erosion and Sedimentation
Staff Comment: The application contains Erosion and Sedimentation Control Plan
(ESCP) prepared by Greg Lewicki & Associates (Application Appendix D) with
Erosion Control Map 1 and 2. Drainage will be directed to constructed features
labeled "Catchment Benches" and illustrated in the Erosion and Sedimentation
17
Control Plan. All Stormwater originating on the site will be directed to the pit floor.
The ESCP Map 1 and 2 show the direction of flow for all stormwater with all runoff
contained on site. The Basin Ditch is protected from Erosion and Sedimentation by
a "containment berm" located near the wash ponds and is shown on Map 1.
6. Section 7-206 Drainage & Section 7-207 Stormwater Run -Off
Staff Comment: The application contains Erosion and Sedimentation Control Plan
(ESCP) prepared by Greg Lewicki & Associates (Application Exhibit D) with
Erosion Control Map 1 and 2. Drainage will be directed to constructed features
labeled "Catchment Benches" and illustrated in the Erosion and Sedimentation
Control Plan. All Stormwater originating on the site will be directed to the pit floor.
The ESCP Map 1 and 2 show the direction of flow for all stormwater with all runoff
contained on site. The Basin Ditch is protected from Erosion and Sedimentation by
a "containment berm" located near the wash ponds and is shown on Map 1.
7. Section 7-208 Air Quality
Staff Comments: The application includes copies of Construction Permits approved
by the CDPHE (Appendix F of the application). The permits address air emissions
from the crushing and screening operations and limit emission of particulate matter
including PM 10 (particles less than 10 microns in size) to a yearly amount
identified in each of the three permits. Compliance with the permits "...shall be
demonstrated by maintaining annual records..." and is self monitoring. Emails and
letters received from area residents commented (Exhibits L -M) on the dust
generated by the mining operations. After discussion with R.K. Hancock of the
CDPHE any complaints would be field investigated but cautioned that windy days
generate off site dust and a determination of the source is difficult.
8. Section 7-209 Areas Subject to Wildfire Hazards
Staff Comments: The site is identified as a "Low Hazard" area on the Garfield
County Wildfire Hazard Map.
9. Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards
Staff Response: The Garfield County Geographic Information System identifies an
area of moderate Soils Related Hazard in the northeast corner of the proposed
expansion area which is also noted in the letter from the Colorado Geographic
Survey (Exhibit D. There are no other geologic or natural hazard areas identified on
the site.
10. Section 7-211 Areas with Archeological, Paleontological or Historical
Importance
Staff Response: The Application contains a letter from the Colorado Historical
Society located in Application Appendix I of the application. The letter does not
identify any archeological or historic sites within the project area.
11. Section 7-212 Reclamation
Staff Comments: The proposed expansion area would require review and approval
for a revised Reclamation Permit by the Colorado Division of Reclamation, Mining,
and Safety. A copy of the current Blue Pit mining permit is in Application Appendix
18
D. The narrative in Application Appendix D states that all requirements for the
requested SUP amendment, if approved, will be incorporated into a revised mining
permit application. The state permit lists the reclamation surety for the current Blue
Pit operations. Additional discussion on the mining operation and reclamation is
below under the staff comments for Section 7-840.
Section 7-703 Standards Within View Protection Overlay.
Development shall be located in such a manner that minimizes the visual impact of
associated structures along the skyline at the crest of the ridge from an established view
corridor identified in the Comprehensive Plan.
Ezlstihd'Gravel..
Operation
Staff Comments: In the map above the Garfield County Geographic Information
System identifies the visual corridor along this section of SR 82. The existing and
proposed expansion area are well screened from the "view corridor", as identified by
the Comprehensive Plan, by a ninety foot high berm running east and west along the
southern portion of the property. There are no structures or other mining activities
visible from SR 82.
Section 7-810 Additional Standards Applicable to Industrial Use
A. All fabrication, service and repair operations shall be conducted within an
enclosed building or obscured by a fence, natural topography or landscaping.
Staff Comments: The existing Blue Pit operations include a fully enclosed
maintenance building. No structures are proposed for the expansion area. This
requirement is met.
19
B. All operations involving loading and unloading of vehicles shall be conducted
on private property and shall not be conducted on a public right-of-way.
Staff Comments: This requirement is met.
C. All outdoor storage facilities for fuel, raw materials and products shall be
screened by natural topography or enclosed by a fence or wall adequate to
conceal such facilities from adjacent property.
1. All outside storage abutting or facing a lot in a residential or commercial zone shall
be screened by natural topography or enclosed by a site-obscuring fence to obstruct
the storage area from view. The fence shall be of material and design that will not
detract from adjacent residences.
Staff Comments: The request for an expanded mining area does not include any
additional buildings or outside storage. All fuel, raw materials, and product are
located on Phase I of the permitted Blue Pit.
D. All industrial wastes shall be disposed of in a manner consistent with statutes
and requirements of CDPHE.
Staff Comments: No industrial wastes are proposed with this use.
E. The volume of sound generated shall comply with the standards set forth in
the Colorado Revised Statutes.
Staff Comments: A detailed sound study was prepared by Engineering Dynamics
Incorporated and is found in Appendix D of the Application. The study includes
an equipment inventory with base sound analysis (Table 1), Maximum Noise
Level during Mine Development (Table 2), Processing Plant Noise Analysis
(Table 3), and Processing Plant Noise Level (Table 4). On page 10 of the study a
list of Conclusions and Recommendations it states in item 2 that during mine
development noise emissions to the north and south will be less than 62 dB(A)
when the front end loader (equipment with the highest base level at 100 feet) is
operating at grade near the property line. During production the sound level will
be Less than 60 dB (A). The proposal meets the noise standards of CRS 25-12-
103 and sound levels will be monitored during site operations to maintain
compliance.
F. Every use shall be operated so that the ground vibration inherently and
recurrently generated is not perceptible without instruments at any point of
any boundary line of the property.
Staff Comments: Ground vibration beyond the site boundary is not anticipated.
G. 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 signal and reflective painting of storage tanks, or other legal
requirements for safety or air pollution control measures shall be exempted
from this provision.
Staff Comments: There are no additional structures proposed for the expansion
area and all crushing, screening, and concrete batch operations are contained
20
within Phase I of the Blue Pit. The application includes copies of Construction
Permits approved by the CDPHE (Appendix F of the application). The permits
address air emissions from the crushing and screening operations and limit
emission of particulate matter including PM 10 (particles less than 10 microns in
size) to a yearly amount identified in each of the three permits. Compliance with
the permits "...shall be demonstrated by maintaining annual records..." and is
self monitoring.
Section 7-840 Additional Standards Applicable to Gravel Extraction
(Resolution 2009-53)
A. Water Quantity & Quality Impacts / Floodplain Impacts
Staff Comments: This Section generally applies to site located within a Floodplain
but does have other requirements that apply. This site is not located within a
designated floodplain and all drainage on-site is directed inwards. The application
contains an Erosion and Sedimentation Control Plan (ESCP) prepared by Greg
Lewicki & Associates (Application Exhibit D) with Erosion Control Map 1 and 2.
Drainage will be directed to constructed features labeled "Catchment Benches" and
illustrated in the Erosion and Sedimentation Control Plan. All Stormwater
originating on the site will be directed to the pit floor. The ESCP Map 1 and 2 show
the direction of flow for all stormwater with all runoff contained on site. The Basin
Ditch is protected from Erosion and Sedimentation by a "containment berm" located
near the wash ponds and is shown on Map 1.
The Application includes a Spill Prevention, Control and Countermeasure Plan
(Application Appendix A) prepared by Greg Lewicki & Associates in compliance
with the federal regulations. The plan details how major and minor spills are
handled, emergency response, and training.
A letter from the Carbondale and Rural Fire Protection District is on page K-7 of
Exhibit K and the on-site storage of flammable liquids meets the requirements of the
District.
A standard in this section states "The proposed operation will be located a sufficient
distance from other mining operations so as not to create cumulative impacts to the
integrity of the water course. The Board of Commissioners will determine sufficiency
of distance" There are no waterbodies or natural surface water on this site. This
standard does not apply.
The proposed expansion area will not create an additional demand for water. The
current Blue Pit operations has an approved augmentation plan for use of ditch water
and an approved well for site operations (Application Appendix J) and demonstrated
adequate legal and physical water for the mining operations.
21
B. Air Quality
Staff Comments: The mining plan is discussed in the Application narrative beginning on
page C-2 and proposes a phased mining and reclamation for each phase to mitigate
impacts including, fugitive dust from disturbed areas, soil erosion, and visual impacts.
The application includes copies of Construction Permits approved by the CDPHE
(Appendix F of the application). The permits address air emissions from the crushing
and screening operations and limit emission of particulate matter including PM 10
(particles less than 10 microns in size) to a yearly amount identified in each of the three
permits. Opacity shall not exceed 20% during normal operations and shall not exceed
30% for any six minute period within 60 minutes. Compliance with the permits "... shall
be demonstrated by maintaining annual records..." and is self monitoring. The current
Blue Pit operation is approximately .9 miles from the eastward edge of the LaFarge pit at
the SR 82/CR 103 intersection and the proposed expansion area would be approximately
.45 miles from the same site from the western property line labeled as Mining Areas 4
and 5.
C. Noise / Vibration
Staff Comments: A detailed sound study was prepared by Engineering Dynamics
Incorporated and is found in Appendix D of the Application. The study includes an
equipment inventory with base sound analysis (Table 1), Maximum Noise Level during
Mine Development (Table 2), Processing Plant Noise Analysis (Table 3), and Processing
Plant Noise Level (Table 4). On page 10 of the study is a list of Conclusions and
Recommendations, it states in item 2, that during mine development noise emissions to
the north and south will be less than 62 dB(A) when the front end loader (equipment with
the highest base level at 100 feet) is operating at grade near the property line. During
production the sound level will be less than 60 dB (A). The proposal meets the noise
standards of CRS 25-12-103 and sound levels will be monitored during site operations to
maintain compliance.
D. Visual Impacts
Staff Comments: The mining plan is discussed in the Application narrative beginning on
page C-2 and proposes a phased mining and reclamation for each phase to mitigate
impacts including, fugitive dust from disturbed areas, soil erosion, and visual impacts.
Mining Plan Map C-2 illustrates the phasing starting with the original Blue Pit as Phase I
and the final mined area as Phase 5. The mining activity will follow the numerical
sequence shown on the map and also demonstrates overall site layout and the pit design.
The Reclamation Plan Map shows the final layout for the entire site.
All equipment, crushing operations, and batch plant operations are located at the bottom
elevation of the current mining activity in Phase I screening the most intensive uses from
surrounding property.
E. Impacts to County Road System
Staff Comments: The property has public road access via SR -82 with an active access
permit issued by the Colorado Department of Transportation (CDOT). There is no road
access to the mining operation through residential or commercial areas. Secondary
access to the site is through CR 104 connecting to CR 103. Comments from CDOT
stated that the applicant is updating the existing CDOT access permit which may include
22
specific roadway improvements within three years and that there are no issues using the
current access permit for gravel mining activities. Garfield County Road and Bridge had
no issue with the proposed expansion and recommended specific conditions for a stop
sign at the entry to CR 104, overweight/oversize permit requirements, and participation in
future road maintenance or improvements to the County Road System. A traffic study
was prepared by Kimley-Horne (Application Appendix C) which did not identify any
increase in traffic volumes.
The applicant has demonstrated its operation will not require a Garfield County access
permit and additional insurance is not required.
F. Impacts to Wildlife
Staff Comments: A Wildlife and Habitat Assessment was prepared by Environmental
Solutions for the proposed expansion area. The report notes that the site consists
primarily of irrigated hay with the northeast corner a juniper -pinyon forest on the edge of
the hillside slope. No wetland species were found on the site. There are no Threatened
or Endangered species or critical habitats located on the site. Deer and elk are the two
most affected species that use the site both during the summer and as winter range and
that deer make less use of the site than elk. There are no mapped summer range,
production areas, or migration routes for elk. The report states that there will be a
reduction in habitat area during mining activities but proper reclamation and replanting
would enhance the site for wildlife. The report suggests the proposed weed control plan
is a mitigating measure and suggests that pet restrictions to limit harassment of wildlife.
The Garfield County GIS identifies the following fauna habitat on the site;
o Black Bear overall range 2006
o Elk overall range 2006
o Mule Deer overall range 2006
o Mt. Lion overall range 2006
o Wild Turkey overall range 2006 (north 2/3)
G. Compatibility with Surrounding Land Uses
Staff Comment: The site is located in an area of residential, irrigated pasture, rangeland,
gravel mining, commercial uses, and rural residential uses. The property is hidden from
view on the south by a 90 foot high ridge that runs the length of the property along the
southern boundary effectively screening mining operations from SR 82. The proposed
mining expansion area would impact surrounding property to some degree. Mining
activities do generate a certain amount of dust, noise, and vibration. The Blue Pit site has
been in operation since 1981 and has obtained all required mining, air emission, and
access permits. Each permit, including the approved Special Use Permit issued by
Garfield County, have specific requirements to reduce or mitigate nuisance impacts to
surrounding property. Letters from neighboring property owners have noted excessive
noise and dust which may be from Blue Pit or other adjoining land uses which include
mining and agricultural uses. The original SUP conditions remain in force and are
included as recommended conditions of approval to reduce and mitigate impacts to
surrounding property owners.
The current Blue Pit operation is approximately .9 miles from the eastward edge of the
LaFarge pit at the SR 82/CR 103 intersection and the proposed expansion area would be
23
approximately .45 miles from the same site from the western property line labeled as
Mining Areas 4 and 5.
No additional storage, buildings, crushing, or batch plan operations are proposed for the
expansion area. All equipment storage areas are more than 300 feet from existing
residential dwellings. All loading and unloading of vehicles are conducted on private
property and not on any public right-of-way. There are no storage area for uses not
associated with natural resources greater than ten (10) acres in size. All site operations
must comply with the requirements of the ULUR for lighting, signage, and storage.
The original approval restricted mining operations between the hours of 7AM to 5PM,
Monday through Saturday. The narrative requests the hours for mining operations be
expanded to 7AM - 6PM (page K-4 requests 7AM - 7PM), Monday through Saturday
which is consistent with the hours of operation in this section of the ULUR. The original
conditions for hours of operation have been restated in the conditions but the Board of
County Commissioners may alter the original condition and add an additional hour based
on the testimony presented at the public hearing.
The proposed expansion of mining area activity, as conditioned, meets the requirements
of the ULUR of 2008, as amended.
II. Reclamation / Enforcement
Staff Comments: The final site reclamation as shown on the Reclamation Plan Map
demonstrates final site contours with a flat central basin for both the expansion area and
the current mining area. Slopes are proposed at 3:1 for the expansion area with the
original (Phase I) Reclamation Plan at 2.5:1 as previously approved by the DRMS. The
revegetation plan includes a blend of native grasses, forbs, and shrubs for the rangeland
areas and an irrigated pasture seed mix to return a portion of the site to its previous use.
Slopes/Wetland Slope Areas:
Staff Comments: This section does not apply.
Slopes/Dryland Slope Areas:
Staff Comments: The final site reclamation as shown on the Reclamation Plan Map
demonstrates final site contours with a flat central basin for both the expansion area and
the current mining area. Slopes are proposed at 3:1 for the expansion area with the
original (Phase I) Reclamation Plan at 2.5:1 as previously approved by the DRMS. The
ULUR requires dryland slopes to be 5:1with at least 85% of the slopes 5:1 or shallower.
An applicant may propose an alternate slope plan for a dryland area which modifies the
standards to accommodate special needs when:
a. The existing terrain slope is steep (greater than 5:1) or;
b. Where there is little or no available on-site backfill material;
c. Other special needs or uses that may be proposed by the applicant.
On page K-4 the applicant states the reasoning to vary the slopes from 5:1 to 3:1 which
include creating a useable irritated field at the pit bottom with a 5:1 slope reducing the
available land for agricultural production. Modification to the listed standards requires a
24
separate finding for modifying the Dryland Slope standards. A finding has been added
for modification of the dryland slope standard.
Vegetation/Wetland Criteria
Staff Comments: This section does not apply.
Vegetation/Dryland Criteria:
Staff Comments: The re -vegetation plan is discussed in the Landscape Plan (Exhibit E).
The plan identifies re -vegetation to native grasses, forbs, and shrubs, using drill seeding,
and shown in the table on page E-3. Irrigation will be used as needed to maintain the
rangeland areas during drought years. The pasture areas will be drill seeded into the soil
and use a mix of Alfalfa, Orchard Grass, and Meadow Brome to restore the pasture. The
previous irrigation system will be reinstalled for long term watering. The plan includes
adding straw mulch at 2,000 pounds/acre (pages E-2 and E-3) but the standards of the
ULUR require hydro -seeding and hydro -mulching for slopes greater than 5:1. A
condition has been added to meet the minimum requirements of the ULUR
On page K-4 and K-5 the applicant states the reasoning to vary the slopes and vegetation
to create a useable irritated field at the pit bottom to increase available land for
agricultural production. Modification to the listed standards requires a separate finding
for modifying the Dryland Vegetation standards. A finding has been added for
modification of the Dryland Vegetation standard.
Lake / Pond Shape and Character:
Staff Comments: This section does not apply.
Additional Standards (items 4-14 in Section 7-840 (H))
Staff Comments: The remaining portions of Section 7-840 (H) discuss various standards
including additional bonding for site restoration, an annual report, site inspections,
required state and federal permit submittal, bond release, and compliance with the
Garfield County noxious weed control regulations and eradication of invasive species.
On page K-5 to K6 the applicant has acknowledges and agrees to all the requirements of
the ULUR for gravel extraction. All required permits have been included with this
application. A condition has been added to require a copy of the final DRMS permit and
any revised state permits prior to issuance of the Land Use Change Permit.
The Garfield County Vegetation Management Department commented (Exhibit J) on the
application and requested additional documentation for the location of two specific
noxious weeds. A condition has been added to add the requested detail to the weed
management plan.
VII. RECOMMENDED FINDINGS
Should the Planning Commission decide to recommend approval to the Board of County
Commissioners for the request of The Dolores Blue Revocable Trust and Dee Blue for a
Special Use Permit amendment to expand the Blue Pit through this Major Impact
Review, Staff suggests the Planning Commission make the following findings:
25
1. That proper public notice was provided as required for the hearing before the
Planning Commission.
2. That the hearing before the Planning Commission was extensive and complete,
that all pertinent facts, matters and issues were submitted or could be submitted
and that all interested parties were heard at that meeting.
3. That for the above stated and other reasons, the Land Use Change Permit for an
amendment to a Special Use Permit to expand the Gravel Extraction activities in
the "Blue Pit" is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
4. The requested modification of Dryland Slope standards from a slope of 5:1 to 3:1 is in
conformance with the purpose statement of Section 7-840 and that the modifications
create an aesthetically pleasing site that blends with the surrounding area, to provide for
wildlife habitat and, to provide for future re -use of the site.
5. The requested modification of Dryland Vegetation standards is in conformance with the
purpose statement of Section 7-840 of the ULUR and that the modifications create an
aesthetically pleasing site that blends with the surrounding area, to provide for wildlife
habitat and, to provide for future re -use of the site.
6. It has been determined that the gravel extraction proposal is compatible with the existing
zoning and future land use objectives of the Rural Zoning District and The Garfield
County Comprehensive Plan of 2000.
7. That the application, if all conditions are met, can be in conformance with the
applicable Sections of the Garfield County Unified Land Use Resolution of 2008
as amended.
VIII. STAFF RECOMMENDATION
The Applicant has applied for a Land Use Change Permit for an Amendment to an
approved Special Use Permit to allow for a 64 acre expansion of the Blue Pit. As
conditioned, the request addresses the ULUR requirements for approving an Amendment
to an approved Special Use Permit. Staff recommends the Planning Commissioners
forward a recommendation of approval for the request from The Dolores Blue
Revocable Trust and Dee Blue., for an Amendment to a Special Use Permit for
"Extraction" on property owned by The Dolores Blue Revocable Trust and Dee Blue., in
Section 25, Township 7 South, Range 88 West, in Garfield County with the following
conditions:
1. That all representations made by the Applicant in the application, and at the public
hearing before the Board of County Commissioners, shall be conditions of approval,
unless specifically altered by the Board of County Commissioners.
2. That the operation of the facility be done in accordance with all applicable Federal,
State, and local regulations governing the operation of this type of facility.
26
3. The facility shall be operated so 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.
4. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially
interfere with the existing use of adjoining property or which constitutes a public
nuisance or hazard.
5. All equipment and structures associated with this permit shall be painted with non -
reflective paint in neutral colors to reduce glare and mitigate any visual impacts.
6. All lighting associated with the property shall be directed inward and downward
towards the interior of the property.
7. The following recommendations of the Garfield County Road and Bridge
Department shall become conditions of approval:
A. A stop sign shall be required at the entrance to the County Road 104. The sign
and installation shall be as required in the MUTCD (Manual on Uniform
Traffic Control Devices).
B. The owners of the gravel pit may be asked in the future to contribute to a road
repair or improvement project for CR 104 and CR 103 to SR 82.
C. All vehicles using CR 103 and CR 104 to access the gravel pit shall abide by
Garfield County's oversize/overweight system. All vehicles requiring
oversize/overweight permits shall apply for them at Garfield County Road and
Bridge Department.
8. The Reclamation Plan and Landscape Plan for the site shall be seeded using hydro -
seeding with hydro -mulching using tackifier for all slopes greater than 5:1 as required
by Section 7-840 of the ULUR.
9. The applicant shall submit a revised "Weed Control Plan Map" identifying the
locations of Musk Thistle and Plumeless Thistle prior to issuance of a Land Use
Change Permit.
10. The applicant shall comply with the following conditions of approval contained in
Resolution 96-48;
a. Hours of Operation: The gravel pit shall be allowed to operate Monday — Saturday
from 7:00 AM to 8:00 PM with crushing, digging, and heavy hauling only
occurring between 7:00 AM to 5:00 PM. There shall be no operations on Sunday
except emergency maintenance.
b. All Trucks operating shall be subject to the following:
i. All trucks operating in or out of the pit shall have and maintain
stock muffler systems that are performing to original manufacturers
specifications. This can be determined and verified by simple
visual and auditory inspection of the truck.
ii. All trucks ascending or descending the haul route shall not exceed
speeds of 10 mph.
27
iii. All trucks descending the haul route or approaching the haul route
access on SR 82 shall not use engine Jake Brakes to decelerate.
iv. All truck drivers, independent or employed by the applicant shall be
briefed on the conditions above and shall agree to operate within the
requirements of these stipulations.
v. The applicant shall set up a series of progressive consequences for
drivers that fail to comply with the above conditions.
11. All noise generated from the operation shall not exceed the -1 s Tial -Zone noise standards
defined in the CRS such that noise shall not exceed dB(A) from 7:00 AM to 5:00 PM and
.5•9 4 dB(A) from 5:00 PM to 7:00 AM. SS fa'b- 4 -Pp, oma-- GGG
12. The Operator or Property Owner shall submit an annual report to the County Building and
Planning Department with GPS measurements shown on a map showing the current
disturbance, what areas have been backfilled, where topsoil stockpiles are located, all site
structures, what areas have been seeded, mulched, and what is planned for the ensuing 12
months.
13. The County can request a site inspection with 24 hour's notice to the Operator or Property
Owner. Full access to any part of the site will be granted. On request, all paperwork must be
shown.
14. A full list of all other permits shall be provided to the County within 24 hours of their request.
Any person at any time can call the following agencies directly and request an inspection if
they believe a condition of that agencies permit is being violated.
a. CDPHE Air Quality Control 303-692-3150
b. Division of Reclamation, Mining and Safety 303-866-3567
c. CDOT Grand Junction office 970-248-7000
15. The Property Owner and Operator acknowledge that the County has the following
performance standards that could lead to revocation of the Land Use Change Permit:
A. All fabrication, service and repair operations shall be conducted within an
enclosed building or obscured by a fence, natural topography or landscaping.
B. All operations involving loading and unloading of vehicles shall be
conducted on private property and shall not be conducted on a public right-
of-way.
C. All industrial wastes shall be disposed of in a manner consistent with statutes
and requirements of CDPHE.
D. Every use shall be operated so that the ground vibration inherently and
recurrently generated is not perceptible without instruments at any point of
any boundary line of the property
E. Every use shall be operated so 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 signal and reflective painting of storage tanks, or other legal
requirements for safety or air pollution control measures shall be exempted
from this provision.
28
16. The County shall be invited to any bond release inspection of the State Division of
Reclamation, Mining and Safety. The County will have the opportunity to demonstrate that
any item of the permit has not been complied with and that bond should not be released.
Specifically, the Final Reclamation Plan (Reclamation Plan Map) shall include the following
components:
A. When reclaimed, Mining Areas 2-5 shall be constricted to a 3:1 slope. See the
Reclamation Plan Map of the application for the layout of these areas. This shall
be required to be shown on the Final Reclamation Plan approved herein and
tendered to the DRMS.
s. Mining operations shall be allowed to progress so long as the applicant reclaims
each successive phase before moving on to the next phase as shown on the
Mining Plan. The Applicant shall use "contemporaneous reclamation" as
discussed in the application. If the reclamation does not follow the Mining Plan
or has not been completed within eighteen (18) months, all mining operations on
the property shall be halted until the reclamation / revegetation has occurred to the
satisfaction of the County. Completion shall include but not be limited to re -
countering, top -soiling, seeding, and mulching.
c. The DRMS Final Reclamation Plan shall be resubmitted to Garfield County prior
to the issuance of a Land Use Change Permit and shall be the only reclamation
plan used by both the County and DRMS. Additionally, a new bond be calculated
to cover this plan and secured with DRMS to cover its implementation. Proof of a
recalculated bond shall be provided to the County prior to issuance of a LUCP.
IX. RECOMMENDED MOTION
"I move to recommend approval for a Land Use Change Permit through the Major
Impact Review process for amendment to a Special Use Permit for the "Blue Pit" to
allow expansion of gravel extraction for an additional 64 acres, on property owned by
the Dolores B. Blue Revocable Trust and Dee Blue with the staff recommended findings
and conditions.
29
1
•
3,
" -444 twitiollia*" 4'114
raw
SIFT,
•