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HomeMy WebLinkAbout4.0 BOCC Memo 02.14.2011MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: FRED A. JARMAN, AICP, Director, Building & Planning Department DATE: FEBRUARY 14, 2011 RE: REQUEST FOR "CLARIFICATION" OF CONDITIONS OF APPROVAL PRIOR TO THE CHAIRMAN SIGNING THE RESOLUTION Background On Monday, November 8, 2010, the Board of County Commissioners (the Board) approved a request for a Land Use Change Permit for Extraction of Natural Resources (Expansion of the Blue Gravel Pit) submitted by The Dolores (Dee) B. Blue Revocable Trust and Dee Blue. At that final public hearing, the Board closed the public testimony portion of the public hearing and proceeded to deliberate on the project and ultimately made a decision to approve the project with conditions. (These conditions are listed in whole in the Resolution under cover of this memorandum.) II. Request For Clarification (Purpose of this Memo) Following this decision by the Board, the Applicant met with Staff and expressed their concern that the decision (including specific conditions) by the Board was unclear and that because the Board had closed the public testimony portion of the hearing, they were not given an opportunity to discuss these issues with the Board as the conditions were put into a formal motion. Of specific concern are the following two main conditions that the Applicant (and Staff) requests clarification: A) Did the Board Approve Mining Areas or Mining Volumes The Board specifically approved that mining could take place in mining areas 2 and 4 as shown in the attached Site Plan as Exhibit A that eliminates proposed mining areas 3 and 5. The Applicant requests clarification on whether the Board intended to approve the 'mining area' as a surface area or the 'mining volumes' associated with each mining area. (The site plan under review by the Board included both surface acreage and volumes.) They have attached a letter that explains their request to have the Board clarify this issue which is attached as Exhibit D. Staff was under the impression that it was the surface area. The attached Resolution is required to have a Mining Plan and a Reclamation Plan attached that reflects the Board's decision. Staff will attach the version that the Board intended once that is determined. B) Proposed Reclamation Contours A graphic was presented during the public hearing to the Board by Earnest Koller (a resident of Wooden Deer Subdivision) of proposed reclamation contours which is attached as Exhibit B. The Board decided that this concept should be incorporated into the approved project site plan but provided no direction to Staff or the Applicant as to how that final site plan should look or who should review and approve it. The attached Resolution has a Reclamation Plan that reflects the Applicants understanding of the Board's decision that reflects the requested reclamation contours concept. They have attached a letter that explains their request to have the Board clarify this issue which is attached as Exhibit D. C) 20 Year Time Frame to complete the entire mining plan or additional mining phases 2 and 4 The Board, as evident in Commissioner Samson and Houpt's comments during deliberation, indicated that this mining approval would expire in 20 years. The Applicant is concerned that this decision actually takes a mining right away that they already had with the previously approved mining plan. Specifically, the Applicant is unclear if the Board intended to restrict the new site plan (Mining Phases 1, 2 and 4) to a 20 year time frame or if the Board meant that the 20 years would begin after they had mined out what the old permit already gave them which included a portion of newly proposed mining area 2. They have attached a letter that explains their request to have the Board clarify this issue which is attached as Exhibit D. Staff was under the impression that it was a time frame on newly approved mining areas and that the Board did not intend to take away rights already granted to the Applicant under previous approvals. III. Action by the Board While Staff has placed this Resolution on the consent agenda, Staff anticipates the Applicant will be in attendance at the meeting on Monday, February 14th to ask the Board to remove the item for further discussion and clarification of these issues. Staff would like to point out that there is no specific provision or process in the Land Use Code for a request for clarification of a Board decision. This is unfortunate because there are times where clarification would be appropriate and helpful to all parties involved in a decision by the Board. In this case, Staff believes that some clarification may be warranted because the fact that the Applicant was not able to respond at the hearing (because the public testimony portion was closed) to issues of a highly technical nature that may have helped the Board in their decision making deliberations. More often, it has been the practice of the Board to work through certain conditions of approval during the public hearing so that technical questions that arose could be properly addressed. Staff discussed this issue with the Applicant who is aware of the absence of a process to obtain a Board clarification. Staff indicated that we would present this to the Board and that there could be the following outcomes: A) The Board could decide to sign the Resolution as presented here and require the Applicant to re -apply for a subsequent amendment to this approval in a public hearing; B) The Board could decide to set the matter for a discussion in a public meeting at the next available meeting (possibly 2/22/11); or C) The Board could decide that this should be heard and decided in a properly noticed public hearing which would be 30 days out. Ultimately, the Board needs to decide if the request for clarification is a simple clarification or that that the request requires a new substantive discussion that should occur in properly noticed public hearing so that interested parties all have an opportunity to be heard as was the case with the initial Application. There are risks to process for all parties involved that the Board should contemplate where due process needs to be preserved. Staff will also point out that the Applicant filed a 'Rule 106 Appeal' in District Court to address these issues as well which is being handled by the County Attorney's Office. Based on these options, due process questions, and pending litigation, the Board may ask for legal advice prior to making a decision on how to move forward on this request. Exhibits Attached to this Memorandum: A: Original Site Plan showing the two mining areas eliminated by the Board B: Proposed Reclamation Contours submitted by Earnest Kollar C: Resolution D: Letter from Western Slope Aggregates with attached proposed Site Plan & Reclamation Plan ro �! 1 /1 rain G4. Ito col Ireton/OP 2/ fro ed STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 8t° day of November, A.D. 2010, there were present: John Martin Mike Samson Tresi Houpt Don DeFord Jean Alberico Ed Green (absent) , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT FOR EXTRACTION OF NATURAL RESOURCES (SAND & GRAVEL) KNOWN AS THE "EXPANSION OF THE BLUE PIT" PARCEL NO# 2393-254-00-265 & 2393-254-00-285 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application from The Dolores (Dee) B. Blue Revocable Trust and Dee Blue for a Land Use Change Permit for Extraction of Natural Resources (Sand and Gravel) for the operation known as the "Expansion of the Blue Pit". B. The total property consists of 289 acres of which 82.70 acres are currently permitted for gravel extraction. The request is to maintain the existing and permitted gravel operations and to add an additional 64 acres to the permitted area for gravel extraction and which approved Site Plan and Reclamation Plan are attached hereto as Exhibits A and B respectively. C. The 289 -acre tract is located approximately '/1 miles east of the main interstate intersection of Rifle Colorado between the Colorado River and Interstate 70 in Section 15, Township 6 South, Range 93 West of the 6th PM, Garfield County and legally described in Exhibit C attached hereto. 1 D. The subject property is located within the Rural zone district and a Land Use Change Permit for Extraction of Natural Resources requires a Major Impact Review Process conducted by Garfield County. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit for "Extraction of Natural Resources" pursuant to Section 1-301 and 4-106 of the Garfield County Unified Land Use Resolution of 2008, as amended. F. The Garfield County Planning Commission opened a public hearing on 08/11/10 upon the question of whether the Land Use Change Permit application for Extraction of Natural Resources should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Garfield County Planning Commission closed the public hearing on 08/11/10 and forwarded a recommendation of approval with conditions to the Board of County Commissioners. H. The Board of County Commissioners opened a public hearing on the 10th day of November, 2010 upon the question of whether the Land Use Change Permit application for Extraction of Natural Resources should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. H. The Board of County Commissioners closed the public hearing on the 10th day of November, 2010 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1) That proper public notice was provided as required for the hearings before the Planning Commission and Board of County Commissioners. 2) That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at those meetings. 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 2 in conformance with thepurpose 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) 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. 6) 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. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 1. The forgoing Recitals are incorporated by this reference as part of the resolution. 2. 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. 3. The operation of the facility shall be in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 4. 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. 5. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining and nearby property or which constitutes a nuisance or hazard. 6. 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. 7. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 8. The following recommendations of the Garfield County Road and Bridge Department shall become conditions of approval: 3 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. 9. 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. 10. 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. All noxious weeds as listed by County Vegetation Management shall be controlled in any areas of the property not being actively mined at that time, including top soil piles and areas where mining has been discontinued for more than 30 days. 11. The applicant shall comply with the following provisions which are incorporated herein as conditions of approval: A) Hours of Operation: The gravel pit shall be allowed to operate Monday — Saturday, with crushing, digging and heavy hauling only occurring between 7:00 AM to 5:00 PM Monday through Friday; heavy hauling from 7:OOAM to 5:OOPM on Saturday; and crushing and digging from 8:00 AM to 5:00 PM on Saturday. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. B) All Trucks operating in the Pit (including third -party trucks not operated by the Owner or Operator, shall be subject to the following: i. All trucks shall have and maintain stock muffler systems that are performing to original manufacturer's 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. iii. All trucks descending the haul route or approaching the haul route access on SR 82 shall not use engine Jake Brakes to decelerate. 4 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: after three violations any trucker shall be prohibited from entering the pit for a time period of not less than one year. 12. All noise generated from the operation shall not exceed the Residential Zone noise standards defined in the CRS such that noise shall not exceed 55 dB(A) from 7:00 AM to 5:00 PM and 50 dB(A) from 5:00 PM to 7:00 AM when measured 25 feet outside of the Property Boundary. 13. The Owner or Operator 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. This annual report shall also include: 1) an updated estimate of gravel reserves remaining within the permitted boundaries and within each Mining Area Phase; and 2) the implementation of any and all technology within the Pit to mitigate or otherwise reduce noise, dust or other impacts to surrounding properties. The Owner or Operator shall, within one year prior to commencing mining operations within any Mining Phase or ten years since the most recent public meeting, whichever is sooner, schedule before the BOCC a public meeting to review the status of mining and processing operations and to provide the citizens of Garfield County the opportunity to comment upon such operations. 14. 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. 15. A full list of all other permits shall be provided to the County within 24 hours of a request by the County. Any person at any time can call the following agencies directly and request an inspection if they believe a condition of that agency's 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 16. 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. 5 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 or nearby property or which constitutes a 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. 17. The County acknowledges that the State Division of Reclamation, Mining and Safety ("DRMS") will require a reclamation bond for the operation. So as not to require a duplicate bond, the County will not as a part of this approval require a separate bond; however, the County reserves the right to require a bond in the future in the event the County determines the bond held by DRMS is inadequate or has been released prior to completion of adequate reclamation. 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 and 4 shall be constructed 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. B. 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 and re -vegetation has occurred to the satisfaction of the County. Completion shall include but not be limited to recountering, top -soiling, seeding, and mulching 6 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 will 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. 18. The Concrete Plant shall remain in its current location in the bottom of the pit on the eastern end of Mining Area 1. No Asphalt Plant shall be allowed anywhere within the Property unless the same is separately approved by Garfield County pursuant to amendment of the within approval or pursuant to separate application. 19. Owner or Operator agrees to remove all stockpiled gravel and all facilities necessary for such removal located in Mining Areas 2 or 4 within three hundred and sixty (360) days of the termination of this approval. 20. Primary Crusher: a. The primary jaw crusher shall be located at all times on the pit floor and as close as is practicable to the northern -most slope. If the primary jaw crusher cannot be located adjacent to the toe of the northern slope, then sound shall be mitigated with a 30 feet berm of material left in place or a sound wall system; and b. Owner or Operator shall use reasonable efforts and implementable technology to minimize sound emanating from the primary crusher. 21. All in -pit haul trucks and excavating equipment used by Owner or Operator instant to mining operations shall be equipped with "white noise" or similar backup alarms or no less effective alarm equipment. Standard backup alarms, as to the above identified equipment shall not be utilized. 22. Secondary Crusher, Stackers and Conveyors: The Secondary Crusher and Stackers shall remain within the Phase 1 Mining Area. 23. The Owner or Operator shall not exceed 14ug/cu.meter of dust under normal operating conditions. All haulage roads within the pit shall be watered four (4) times per day unless due to inclement weather, snow or ice, such watering is not required. 24. Screening of Administration Building, Maintenance Buildings and Equipment. All buildings and equipment shall be screened or obscured from view of the Wooden Deer Subdivision by installation of berms and planting of trees (cottonwood, pine or their equivalents) which trees, at the time of planting, shall be at least ten (10) feet in height and spaced upon ten (10) foot centers. 7 25. Visual Impacts. Mining operations shall be conducted in strict conformity with the Visual Impact Study presented by the Applicant to the BOCC at its hearing of November 08, 2010. A copy of the representative photographs (modified to show anticipated visual impacts) shall remain available to the public for visual inspection at the Garfield County Planning Office and by this reference are incorporated herein as a material part of this approval. 26. In order to be more compliant with ULUR § 7-840(H), the Reclamation Plan shall be modified as shown on the attached Reclamation Plan. 27. Area of Expansion. The area of expansion approved by this Resolution shall be limited to the areas labeled Mining Area 2 (18.49 acres) and Mining Area 4 (22.05 acres) which are the two southern mining areas furthest away from any residential development. Further, this Permit shall expire on November 7, 2030. No mining is permitted within those areas labeled Mining Area 3 or Mining Area 5. Dated this day of , A.D. 20 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TRESI HOUPT , Nay , Aye , Aye STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of 8 County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex-officio Clerk of the Board of County Commissioners 9 Western Slope Aggregate, Inc. Western Slope Aggregate, Inc. 2/14/11 Garfield County BOCC Public Meeting Cover Letter 6 Pages Total 0304 Highway 133 • Carbondale, Colorado 81623 • (970) 963-9424 Western Slope Aggregate, Inc.L2 O 1. A. INTRODUCTION: On November 8th, 2010, the Garfield County Board of Commissioners partially approved the application of Western Slope Aggregates for the expansion of its mining permit on the Blue Ranch in Carbondale, CO. The resulting approval still contains many unresolved issues that were not thoroughly considered with the standard of care due to the applicant during the public hearing. Unfortunately, the manner in which the approval occurred was also inconsistent with standard BOCC process with regard to public review of conditions of approval and has created more questions than answers about what was actually accepted. Upon further review of the minutes of this meeting, it appears that there was not a clear understanding of the information provided in the application and subsequently; decisions were made that did not reflect a working knowledge of the application. The purpose of this communication is to identify those conditions which were approved but not unambiguous and clarify the BOCC's intent with regard to them. It is of paramount importance to review the manner in which the conditions in question were proposed and the associated technical deficiencies. As a condition of approval by Garfield County Planning and Zoning of the application in its entirety, the applicant was requested to meet with Wooden Deer Subdivision's representatives and attempt to find a common ground. The applicant subsequently spent considerable time and resources working together in good faith with the subdivision's hired counsel and an agreed upon list of conditions was reached on Friday, November 5th via a conference call with the HOA's counsel, the applicant and the applicant's counsel (Exhibit _-_). A different list with additional conditions of approval was emailed to the County over the weekend without any consideration, notification or dialogue with the applicant. This new list (Exhibit = _) contained item #27, which was approved, again with no dialogue or discussion to consider the impacts of this verbiage. Item #27 was approved as follows: 27. "Area of Expansion. The area of expansion approved by this Resolution shall be limited to the areas labeled Mining Area 2 (18.49 acres) and Mining Area 4 (22.05 acres) which are the two southern mining areas furthest away from any residential development. Further, this Permit shall expire on November 7, 2030. No mining is permitted within those areas labeled Mining Area 3 or Mining Area 5." The language provided in this condition of approval is technically incorrect as it states that Mining Area 2 is part of the proposed expansion and suggests that this area is approved as part of discussions between the applicant and the HOA. Mining Area 2, in fact, is already approved under the 1981 Special Use Permit. As a result, only Mining Area 4 was approved and a 20 year time limitation was placed on this permit. The Garfield County BOCC chose to ignore the technical merits of the proposed mining plan, the approval of Planning & Zoning, the recommendation of Staff and accept 100% of the conditions requested by the Wooden Deer HOA. This is an unfortunate series of events, however; there are items Western Slope Aggregate, Inc. 2011. that require clarification before the resolution can be finalized and new engineering documents can be created accordingly. B. CLARIFICATION ISSUES: WSA is seeking clarification on the following issues regarding conditions of approval for the Carbondale Gravel Pit expansion by the Garfield County Board of County Commissioners (BOCC), partially approved on 11/08/2010. 1. 20 Year Timeline [WOODEN DEER CONDITIONS AS APPROVED, ITEM #27]: ■ CLARIFICATION: The applicant requests that the BOCC clarify its intent with regard to the language concerning the 20 year time limitation as provided by the Wooden Deer HOA and adopted as a condition. ■ APPLICANT OPINION: It is the opinion of the applicant that the intent of the language was to limit the total mining and reclamation duration in Mining Area 4 only. • RECOMMENDED ACTION: It is the opinion of the applicant that language regarding the timeline or duration of business activities on this ranch should either be deleted entirely, or the timeline should be applicable only to Mining Area #4 and language should state that this time limitation in no way affects operations, reclamation efforts or useful life of Mining Areas 1 & 2. For example, the 20 year timeline for Mining Area 4 would begin when mining activities cross over the Mining Area 2/Mining Area 4 boundary. This would be fairly easy to note in the annual report so that the timing would be memorialized. SUPPORTING INFORMATION: The existing 1981 Special Use Permit (1981 SPU) does not contain a specific end date and with the existing and potential future market volatility it may be likely that the 20 year duration may pass before mining in Area 4 is completed and/or reclaimed. It would not appear to be rational to limit the "business life" of an operation based on speculation of the construction and infrastructure markets 15 to 20 years out. 2. Approval of individual mining areas [WOODEN DEER CONDITIONS AS APPROVED, ITEM #27]: • CLARIFICATION: The applicant requests that the BOCC clarify its intent with regard to the approval of individual mining areas. ■ APPLICANT OPINION: It is the opinion of the applicant that the intent of the approval was to accept the gross tonnages contained within the application for Mining Area 4 and not the surface area provided in the plans. It is also the opinion of the applicant that intent of the BOCC was for the applicant to re -apply in the future for minerals existing in Mining Areas 3 and 5. Furthermore: The North slopes of Mining Areas 2 and 4 will need to be un -reclaimed and left at a 1.5:1 slope to allow for future extraction of these minerals. 1 Western Slope Aggregate, Inc. 2011 • RECOMMENDED ACTION: It is the opinion of the applicant that the BOCC clarify this language such that it states that the approval is for the tonnage listed in Mining Area 4 and subsequently the engineering and plans will be altered to reflect this language. The BOCC should also clarify that the North Slopes of Mining Areas 2 & 4 will not be reclaimed so as to maintain the ability to extract these minerals at a future date. ■ SUPPORTING INFORMATION:. This mining plan was never intended to be accepted in individual parts. The purpose of dividing the plan into mining cells was to create a sequence of timing for the Colorado State Division of Reclamation, Mining and Safety's (DRMS) review of the documents. Dividing and approving the plan into individual parts creates logistical issues that the BOCC couldn't have possibly foreseen in a single meeting without any feedback from the applicant. If the BOCC were to review the minutes of the meeting, the applicant was never given the opportunity to comment or provide an opinion on a potential division of the mining areas based on professional experience in the mining and civil engineering fields. The following list outlines logistical issues with this language: i. ACTUAL QUANTITY OF GRAVEL APPROVED: Mining Area 4 as shown in the application contains approximately 4,150,000 Tons of material which would be gained as part of the entire mining proposal. Dividing out Mining Area 4 as approved would result in the gain of only approximately 1,800,000 Tons above the remaining tonnage in the 1981 SPU. The net result is a Toss of 2,350,000 Tons of material within this area due to mining reclamation slopes on the North side of this area that would now exist within its borders. H. SHORTFALL OF OVERBURDEN: Overburden and import material are critical elements to the successful reclamation of any gravel extraction operation within a timely manner. As stated, this application was designed and considered as an indivisible series of mining areas. The total surface areas of Mining Areas 3, 4 and 5 contain valuable overburden that is critical to the entire reclamation effort. If one were to calculate the length of reclamation slope required in the original application and compare it to the surface area and then complete the same calculation for the approved plan, the results indicate a major shortfall of overburden generated. The net result of the 150,000 CY Shortfall, which is calculated by determining the CY per LF of reclamation slope, would result in approximately 13,000 truck trips into and out of the property to make up the difference, the environmental and cost impacts of these trips creates an unnecessary burden on the applicant as well as the surrounding properties. COMPARISON OF OVERBURDEN VS. SLOPE LENGTH Item J Application Approved Western Slope Aggregate, Inc. 2011 Length of Reclamation Slope 7200 LF 6200 LF (86% of App.) Surface Area of Mining Cells 2,900,000 SF 1,700,000 SF (58% of App.) Net CY of Overburden Generated 530,000 CY (75 CY/LF) 311,111 CY (50 CY/LF) Net Result = 150,000 CY Shortfall in Generated Overburden PLACEMENT OF OVERBURDEN OVER FUTURE RESERVES: The division of Mining Area 4 will also create a condition where future gravel reserves will be covered with overburden and reclaimed, only to be re -mined upon potential future approvals. Review of the BOCC minutes indicates that the intent of Commissioner Houpt was to approve this application with consideration for another future approval for Mining Areas 3 and 5, however; as stated earlier in this text, Commissioner Houpt could not have realized and understood theimpacts of the motion made, especially without any dialogue concerning such a drastic modification of the application. iv. MODIFICATION TO DRAINAGE: Another impact of this modification is the resultant negative impacts to site storm water drainage. Storm water events typically require a certain percentage of draining flat ground so that storm events can properly drain and not create standing water for unacceptable durations of time. By adding a reclamation slope in Mining Areas 2 & 4 (North Side), the floor area will become too small to drain storm events without further modification. 3. Reclamation of Prior Mining Areas [WOODEN DEER CONDITIONS AS APPROVED, ITEM #16B]: ■ CLARIFICATION: The applicant requests that the BOCC clarify its intent with regard to reclamation of Mining Area 1 prior to starting mining area 2. ■ APPLICANT OPINION: It is the opinion of the applicant is, as stated in the application, mining area 1 will not be reclaimed prior to starting mining area 2 due to the mining plan represented. The proposed and approved mining plan places the main screening and crushing spread within mining area 1 as part of the visual impact mitigation, should the applicant be required to reclaim this cell, there will not be enough space to provide for the approved mining plan. RECOMMENDED ACTION: The applicant requests that the BOCC clarify item 16B to state that Mining area 1 is excluded from the "reclaim as you go" language. • SUPPORTING INFORMATION: None Required C. ADDITIONAL ISSUES: 4. Financial Burden/Cost Impacts ■ Cost of conditions for approval Western Slope Aggregate, Ind2011 2011 During the application and approval process, conditions were placed by various groups that are now required to be fulfilled to maintain this approval. In all cases, these costs are not variable with the quantity of gravel approved and therefore as the quantity of approved gravel becomes less, their individual cost impacts become much greater to the applicant, and ultimately the customer. The following list outlines these costs. 1. CDOT Conditions- Reconstruction and extension of Acceleration and Deceleration lanes on Highway 82. According to our agreement with CDOT, this construction must be completed within a 3 year period after acceptance of this new permit. The preliminary cost estimate for these improvements is approximately $550,000.00, which does not figure for inflation. 2. Planting Trees at pit to screen Operations [WOODEN DEER CONDITIONS AS APPROVED, ITEM #23]: Preliminary Cost Estimates for the construction of berms, planting of 10' high trees and installation of irrigation systems as well as appropriate fencing to maintain the health of the trees is: $46,000.00 3. Preparation of Annual reports [WOODEN DEER CONDITIONS AS APPROVED, ITEM #12]: The estimate for the annual cost of preparing the reports and meetings as well as representation as stated in this condition #12 is: $12,500 Annually 4. Mandates to implement "New Technologies" [WOODEN DEER CONDITIONS AS APPROVED, ITEM #19B, J: This is a cost that is unknown at this time, based on the current cost of mining equipment it could cost as much as $250,000 to $500,00 during a 5 to 10 year span. D. Summary: The approval made by the Garfield County BOCC on November 8th, 2010 modified WSA's application without fully exploring and understanding the impacts that it would have on the practical aspects of the proposed mining plan. The applicant respectfully requests that the BOCC clarify the issues outlined and consider the technical and logistical aspects of each item.