HomeMy WebLinkAbout2.0 PC Staff Report 10.14.2009REQUEST:
• •
PC 10/14/2009
TV
STAFF MEMORANDUM
TXTP 6010 Text Amendment to the Unified Land Use
Resolution of 2008. The applicant is requesting to
amend Section 7-840 as follows:
Section 7-840 E. Impacts to County Road System;
Items 3 and 4; change language to insurance minimums
based on actual access to and use of County Roads and;
specific requirements to improve adjacent roads and
monitoring by the County.
Section 7-840 H. Reclamation/Enforcement; Items 1
and 2, expand language to slope requirements in (a)
wetland areas and (b) dryland areas and expand
language for revegetation in (a) wetland criteria and (b)
dryland criteria.
APPLICANT (OWNERS): Rivers Edge, LLC
REPRESENTATIVE: Greg Lewicki
BACKGROUND
At the September 23, 2009 public meeting of the Garfield County Planning Commission the
applicant, Rivers Edge, LLC, proposed a text amendment to the Unified Land Use Resolution of 2008
to modify certain standards of Section 7-840, Additional Standards Applicable to Gravel Extraction,
specifically subsections E. Impacts to County Road System and H. Reclamation/Enforcement.
During the public hearing Planning Staff presented the proposal and recommended denial of the
changes due to confusing and vague language. Following testimony by the applicant, his
representative, and other interested parties the Planning Commission decided to offer an alternative
text to the Board of County Commissioners attempting to remove any vague and confusing language.
The Commission completed a revision to subsection E and continued the public hearing to the
October 14, 2009 Planning Commission hearing date to continue the discussion on the remaining text
of subsection H.
Based on the discussion and direction of the Planning Commission, Planning Staff invited the
applicant, his representative, and county Legal Staff, to discuss revisions of the proposed text of
subsection H. This collaborative effort resulted in a draft of subsection H which is attached to this
memo. The intent was to create a document that is clear and concise meeting the intent of the original
text while integrating some flexibility in future development of gravel resources.
1
TXTP 6010 — Draft of Plposed Text Amendment Revisio (PC)
EXHIBIT
a
E. Impacts to County Road System (Planning Commission Draft from 9/23 public hearing)
3. The Applicant shall submit evidence of insurance for a minimum of $1,000,000 to cover any damages
to public ate property, and Garfield County shall be named as an additional insured. If the
applicant demonstrates its operation will not require a Garfield County access permit this insurance shall
not be required.
4. ; .: .. .. Expected haul routes from the mine will be upgraded to
withstand the additional traffic, if determined by the traffic study, and the permittee will prevent road
damage and mitigate dust, under the supervision of the Road and Bridge Director.
H) Reclamation/Enforcement - (Recommendation from staff, applicant, and other interested parties)
1. Slopes (See Graphic Below)
a) Wetland Slope Areas:
1) Wetland Slopes shall be predominantly 5:1 or shallower, with at least 80% 5:1 and 20% 10:1 or
shallower. The percentage of Wetland Slope is calculated along the perimeter of the reclaimed
lakes.
2) For the purpose of this section, the Wetland Slope is defined as three (3) feet above the shoreline
and three (3) feet below the shoreline (see graphic).
3) Wetlands shall be included in the reclamation plan, for all shoreline areas.
4) An alternate plan for the shoreline area which modifies the standards above may be proposed by
an applicant to accommodate special needs for:
a) Water based recreation amenities;
b) Reducing wildlife habitat along certain sections of shoreline due to proximity to an
airport;
c) Fishing embankments; or
d) Other special needs or uses may that be proposed by the applicant.
5) Any modification of the listed standards requires the recommending or decision making body to
provide a separate finding and reason for waiving or modifying the Wetland Slope standards and
that the modifications are in conformance with the purpose statement above: to 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.
1
TXTP 6010 — Draft of *posed Text Amendment Revisions (PC)
b) Dryland Slope Areas:
1) Dryland Slopes shall be predominantly 5:1 with at least 85% of the slopes 5:1 or shallower.
2) For the purpose of this section, the Dryland Slope area is defined as any area above a Wetland Slope
in the post -mine land use that will predominantly be used for rangeland grazing and wildlife habitat.
3) An alternate slope plan for the dryland area which modifies the standards above may be proposed by
an applicant 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 may that be proposed by the applicant.
4) Any modification of the listed standards requires the recommending or decision making body to
provide a separate finding and reason for waiving or modifying the Dryland Slope standards and that
the modifications are in conformance with the purpose statement above: to 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.
Treses Avoided
Original Slope
General Cross Section
Reclaimed Pit Lake Areas
Cottonwood Saplings
ZAbOVOr Trees Planted Just
e Wetland Slope
Topsoil Replaced
Dryland Slope
(Slope Length Varies
Depending on
Ground Water Level)
Wet and Slope
Approximate Zone
6' Wide
Wetland Slope Close Up
1
Water
Level
Original Ground
Water Level
2
Minimum 3H:1V Slope
Required Until 2H:1V Minimum Slope
10 Vertical Feet Length Varies Depending On
Below Water Level Site Conditions
Pit Floor
2
TXTP 6010 — Draft of PrSposed Text Amendment RevisiorOPC)
2. Vegetation
All re -vegetation efforts shall occur as part of phased reclamation.
a) Wetland Criteria:
1) All Wetland Slopes on a reclamation plan shall include re -vegetation with appropriate species shown
on a landscape plan prepared by a qualified professional consistent with Section 4-502 A,
Professional Qualifications. The plan shall;
a) Show the reclaimed wetland area to scale;
b) Identify the species and number of plantings;
c) If required, provide for adequate irrigation;
d) Provide for adequate species diversity to enhance wildlife habitat;
e) Other site specific requirements may be identified through the public hearing process.
2) Wetland seeding shall occur immediately prior to lake filling using the following methods;
a) Seeding shall be done by drilling or by hydro -seeding methods. Broadcast seeding is not
permitted.
b) Re -vegetation of wetlands shall also include planting of trees, willows and/or shrubs.
c) Existing trees may be included in the plan if they are a minimum of 8 feet in height and 2 inches
in diameter.
d) All new tree plantings shall be accomplished immediately following lake filling and be;
i) A minimum of 8 feet in height and 2 inches in diameter.
ii) Located immediately above the Wetland Slopearea.
3) Shrubs identified on the plan shall be a minimum of 5 gallon shrub containers:
a) If required, adequate irrigation shall be employed in re -vegetated areas during the life of the mine
or until re -vegetation is self-sustaining based on the advice of the qualified professional preparing
the landscape plan.
4) Any modification of the standards listed above requires the recommending or decision making body
to provide a separate finding and reason for waiving or modifying the wetland revegetation standards
and that the modifications are in conformance with the purpose statement above; to 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.
b) Dryland Criteria:
1) All dryland areas on a reclamation plan shall include re -vegetation with appropriate dryland plant
species based on the written recommendation of a qualified professional consistent with Section 4-
502 A, Professional Qualifications.. The plan shall:
a) Include a mixture of grasses, forbs and shrubs.
b) Seeding methods shall either use drilling with crimp mulching or hydro -seeding.
i) Mulch shall be weed free and shall be applied at a rate of no less than 3000 pounds per acre.
ii) Hydro -seeding with hydro -mulching and tackifier shall be used on steep (greater than 5:1)
slopes. Hydro -mulching shall be a minimum rate of 2000 pounds of wood fiber per acre.
iii) If required, adequate irrigation shall be employed in re -vegetated areas during the life of the
mine or until re -vegetation is self-sustaining based on the written recommendation of a
qualified professional.
3
TXTP 6010 - Draft of *posed Text Amendment Revision(PC)
2) Any modification of the standards listed above requires the recommending or decision making body
to provide a separate finding and reason for waiving or modifying the dryland re -vegetation standards
and that the modifications are in conformance with the purpose statement above: to 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.
4
•
•
Exhibits — Text Amendment — Greg Lewicki — TXTP 6010 Public Hearing (9/23/2009)
Exhibit
Letter
(A to Z)'
Exhibit
A
Proof of Publication
B
Garfield County Unified Land Use Resolution of 2008, as amended
C
Garfield County Comprehensive Plan of 2000
D
Application
E
Staff Memorandum
F
Letter from Jake Mall signed August 10, 2009
G
Letter from J.T. Romatzke, Colorado Division of Wildlife, dated August 17, 2009
H
Comment from Brian Conde on referral form, no date provided
I
Staff Powerpoint Presentation
J
,E 77TF P o , h7/9 -T% Sze6fay✓, c' yy 41 4'4 o% 5,3/
1:47-44 )tan ..51'G,E 4- aZ„✓ off`" SCT �i. r/ 4 A; DI
4
, I' ! / !2d'"1 ilAv/ S �4 er 4 e/ 157, 4./4/ If 4/L.✓ 4 S ea.&e) 9/...
6'f1°Sfax✓
,47
//yw�rL ../4,4---‘ (-I/t (A- $P/.'.✓4E JO $.v� /o/S 7d y
o
6.,x,4-1 c. fv.., ai1,-.4177J-^� 71.i.,‘" srk,.1 v,C
t/c G -7 A,o4 i/Y/
1
S / '.' 4/— /C 46 f /'s' .7 6/j/�f" 7 - 'i (.-.✓
f
P
REQUEST:
• •
PC 9/23/2009
TV
PROJECT INFORMATION AND STAFF COMMENTS
TXTP 6010 Text Amendment to the Unified Land Use
Resolution of 2008. The applicant is requesting to
amend Section 7-840 as follows:
Section 7-840 E. Impacts to County Road System;
Items 3 and 4; change language to insurance minimums
based on actual access to and use of County Roads and;
specific requirements to improve adjacent roads and
monitoring by the County.
Section 7-840 H. Reclamation/Enforcement; Items 1
and 2, expand language to slope requirements in (a)
wetland areas and (b) dryland areas and expand
language for revegetation in (a) wetland criteria and (b)
dryland criteria.
APPLICANT (OWNERS): Rivers Edge, LLC
REPRESENTATIVE: Greg Lewicki
I. BACKGROUND
The Applicant, Rivers Edge, is a landowner in Garfield County with land holdings located 1/2 mile
east of the main interstate intersection of Rifle Colorado between the Colorado River and Interstate
70 (Section 15, Township 6 South, Range 93 West). The Applicant has a Special Use Permit pending
for "Extraction, Storage, Processing, and Material Handling of Natural Resources" for a Gravel Pit
operation on approximately 25 acres of a 93 -acre property. This Special Use Permit, under the
provisions of the expired Zoning Resolution of 1978, is a request is for an expansion of an existing
mining permit currently in place with the Division of Reclamation, Mining, and Safety. In addition to
the State Permit, Garfield County requires a Special Use Permit. The Special Use Permit request was
presented to the Planning Commission on June 24, 2009 and continued to September 23, 2009 to
allow the applicant adequate time to process a text amendment addressing the concerns noted in the
Special Use Permit staff report dated June 24, 2009.
II. REQUEST
The Applicant is requesting a text amendment to the recently adopted standards (Resolution 2009-53)
for "Gravel Extraction" codified in Section 7-840. The text amendment proposal specifically impacts
Section 7-840 E Impacts to County Road System and 7-840 H Reclamation Enforcement.
1
• •
Section 7-840 E Impacts to County Road System;
E. Impacts to County Road System (Current language)
3. The Applicant shall submit evidence of insurance for a minimum of $1,000,000 to cover any damages
to public and private property, and Garfield County shall be named as an additional insured.
4. Roads used to access the construction site from the mine will be upgraded to withstand the additional
traffic, and the permittee will prevent road damage and mitigate dust, under the supervision of the Road
and Bridge Director.
E. Impacts to County Road System — (Proposed Language Change)
3. If The Applicant's operation has direct access to a County Road, The Applicant shall submit evidence
of insurance for a minimum of $1,000,000 to cover any damages to public and private property, and
Garfield County shall be named as an additional insured. If The Applicant demonstrates that its
operation will not directly enter a County Road or will not utilize the County Road system to a
significant extent, a lesser amount of the $1,000,000 insurance can be agreed upon. The Applicant shall
propose the amount if this demonstration is made.
4. Roads used to access the construction site from the mine will be upgraded to withstand the additional
traffic, if needed, and the permittee will prevent road damage and mitigate dust, under the supervision
of the Road and Bridge Director.
Section 7-840 H Reclamation and Enforcement;
H.) Reclamation/Enforcement (Current Language)
Reclamation shall be done to create an aesthetically pleasing site or reclaimed area that will blend with
or improve upon the surrounding areas. All applications shall submit a Reclamation Plan that specifically
addresses the following aspects of reclamation: slopes, vegetation, lake / pond shape & character,
wildlife habitat / agriculture, phasing and berms. Additionally, The State of Colorado Division of
Reclamation, Mining and Safety has minimum standards for reclamation. For example, reclaimed slopes
are typically required to be 3:1 or shallower. This standard creates stable slopes but does not necessarily
result in a landscape that blends with the surroundings. The same is true for other aspects of reclamation.
All Reclamation plans shall follow the following design criteria:
1. Slopes
a) Wetland Criteria: Varied slopes predominantly 5:1 or shallower, at least 80% 5:1, and 25%
10:1 or shallower in wetland zone.
b) Dryland Criteria: Varied slopes predominantly 5:1 or shallower, seamlessly blends with
surrounding landscape.
2
• •
Wetland Shelf Design:
For areas rot adjacent
to existing wetihnes
Cottonwood Saplings Plantea'
Or EKIstIng Trees Avoided
31 Pr
aura:e
Approximate Lake Surface
Topsoil F eplacsd
to Depth of 1.0'
nd Fringo
Stumps and Roots
Placed in Piles
ori the Lake Bottum
fee Fish 1- dttst
2. Vegetation
a) Wetland Criteria: Variation in revegetation, revegetation to include planting of trees and/or
shrubs, if seedlings or sprouts plantings occur as part of phased reclamation and not just at the
end of the mine life. Established trees or shrubs in final reclamation phase are at least 8' tall or
2" caliper trees or 5 gallon shrub containers. Active irrigation shall be employed in
revegetation areas during the Life of the mine or until revegetation is self-sustaining.
b) Dryland Criteria: Variation in revegetation, revegetation to include planting of trees and/or
shrubs, if seedlings or sprouts plantings occur as part of phased reclamation and not just at the
end of the mine life. Established trees or shrubs in final reclamation phase are at least 8' tall or
2" caliper trees or 5 gallon shrub containers. Active irrigation in revegetation areas during the
life of the mine or until revegetation is self-sustaining.
II) Reclamation/Enforcement - (Proposed Language Change)
1. Slopes
a) Wetland Areas: In pits excavating gravel below the water table, and where a pit lake is
part of the reclamation plan, wetlands shall be part of the reclamation plan, at least
along the lake surface, unless good reason is shown to provide an alternate plan along the
shoreline. If wetlands are part of the shoreline plan, the immediate area of wetland
slopes shall be predominantly 5:1 or shallower, with at least 80% 5:1, and 20% 10:1 or
shallower. The immediate area of wetland slopes is defined as 3 vertical feet above the
shoreline and 3 vertical feet below the shoreline. The percentages are calculated along
the perimeter of the reclaimed lakes. Exceptions to this requirement can be approved if
good cause is shown. Examples of exceptions are agreed post -mine uses of lake
recreation with boat dock facilities, discouraging of waterfowl habitat due to proximity
to an airport, fishing embankments, PUDs, public parks and others.
3
! •
b) Dryland Areas: This area is defined as any area above a wetland shoreline or any non-
irrigated area in the post -mine land use that will predominantly be used for rangeland
grazing and wildlife habitat. These slopes shall be predominantly 5:1, meaning at least
85% of the slopes must be 5:1 or shallower, unless good reason is shown by the applicant
to reduce this requirement. Examples of situations where a variance is allowed are a)
where existing terrain slopes are steep, as in a older terrace gravel deposit, and it would
not be possible to restore such shallow slopes, and b) where a proposed operation is
within 10,000 feet of an airport runway and shallow slopes along a pit lake will
encourage waterfowl, creating a safety issue for airplanes, c) where the resource is
deemed very valuable, there is little or no backfill material available and a steeper slope
will not result in any undesirable impacts. Other exceptions may exist but must be
demonstrated by the Applicant.
2. Vegetation
All revegetation efforts shall occur as part of phased reclamation.
a) Wetland Criteria: Where wetlands are part of the reclamation plan, there shall be a
variation in revegetation species, which shall be based on the ultimate goals of the
reclaimed wetland areas. This is usually wildlife habitat; therefore, the species planted
through seeding shall promote and enhance the wildlife that will be expected to use the
wetland. Wetland seeding shall occur immediately before a lake is filled to prevent seed
loss from wildlife consumption, wind and other means. Seeding shall be done by drilling
or by hydroseeding methods. Broadcast seeding is not permitted. Revegetation of
wetlands shall also include planting of trees, willows and/or shrubs. Trees may be
eliminated from the plan if the Applicant can demonstrate that existing trees avoided in
the mining operation, combined with tree sapling planting, will provide the same visual
and wildlife effect. This planting work should be done immediately after lake filling so
that the trees are planted at the proper elevation. Established trees in final reclamation
phase for each lake are shall be at least 8' tall or 2" caliper trees. Shrubs are 5 gallon
shrub containers or live willow cuttings can also be used. Irrigation is not required in the
wetland areas.
b) Dryland Criteria: The plant species to be employed in the dryland areas should be
based on the intended post -mining land use. For the normal dryland use of animal
grazing and wildlife habitat, variation and species diversity in revegetation are
important. Revegetation shall include a mixture of grasses, forbs and shrubs, and seeding
methods shall either use drilling with crimp mulching or hydroseeding. Mulch shall be
weed free and shall be applied at a rate of no less than 3000 pounds per acre.
Hydroseeding with hydromulching and tackifier is normally used on steep slopes.
Hydromulching shall be a minimum rate of 2000 pounds of wood fiber per acre. Active
irrigation in revegetation of dryland areas shall not take place after seeding unless the
following conditions exist: a) If drought conditions persist after seeding, irrigation shall
be used to provide what precipitation would normally be experienced and b) This
supplemental irrigation shall only be implemented during the 1st three years after
seeding as required in (a) above. If initial seeding efforts fail, supplemental seeding may
be needed and supplemental irrigation shall be used again if less than average
precipitation is experienced.
• •
III. COMPREHENSIVE PLAN LAND USE GOALS AND OBJECTIVES
The Comprehensive Plan of 2000 discusses basic policy direction for land use in Garfield County.
The following are some of the Goals, Objectives, and Policies that apply to this proposed text
amendment to the Unified Land Use Resolution (2008) referenced by the item number of Section III:
Goals, Objectives, Policies, and Programs.
4.0 COMMERCL4L & INDUSTRIAL USES
ISSUES:
Adequate infrastructure requirements are often not required prior to project approval or are
simply not available at a particular site;
GOALS:
Industrial:
Garfield County will encourage the development of a diversified industrial base for the County
which recognizes the human resources, natural resources and physical location -to -market
capabilities of the community, and which further recognizes and addresses the social and
environmental impacts of industrial uses.
Future, long-term commercial and industrial development in western Garfield County and at
interchanges along 1-70.
OBJECTIVES:
4.1 To ensure that commercial and industrial developments are compatible with adjacent
land uses and mitigate impacts identified during the plan review process.
4.6 Ensure that Zoning Regulations addressing Commercial and Industrial uses reflect
the changing land use patterns and demographics of the County and encourage the further
diversification of the County economy.
4.7 Ensure a commercial and industrial development policy that is environmentally sound
and acceptable to County residents and policy makers.
POLICIES:
4.4 The project review process will include a preliminary assessment of the projected
traffic impact associated with all commercial and industrial projects.
8.0 NATURAL ENVIRONMENT
ISSUES:
Development should respect the natural contours and drainage patterns on each individual
project site.
GOALS:
The reclamation of land after extraction processes.
Protection of watersheds and flood plains.
5
• •
OBJECTIVES:
8.2 Proposed projects will be required to recognize the physical constraints of the land and
design projects in a manner that is compatible with the physical environment.
8.4 River fronts and riparian areas are fragile components of the ecosystem and these areas
require careful review in the planning process.
POLICIES:
The County will require development with river frontage to address the issue through physical
design in a way which will protect fragile wetlands and scenic resources and protect floodplain
from encroachment.
9.0 NATURAL RESOURCE EXTRACTION
ISSUES:
The relationship between previously approved mining operations and residential development
has resulted in visual, noise, and traffic compatibility issues.
The County must be proactive in reacting to market conditions that will impact the level,
location, and scale of mineral extraction within the County.
OBJECTIVES:
9.3 The County will ensure that mineral extraction activities will not adversely affect the
natural environment, including air quality, water quality, wildlife habitat or important visual
resources.
POLICIES:
9.1 Garfield County, to the extent legally possible, will require adequate mitigation to
address the impacts of mineral extraction on adjacent land owners. These measures may
include the following:
A. Landscaping and screening;
B. Modification of phasing or area to be mined;
C. Roadway improvements and signage;
D. Safe and efficient access routes;
E. Drainage improvements to protect surface and groundwater.
9.2 Garfield County, in coordination with relevant special districts, authorities and
municipalities, will require that developers of energy or mineral extraction processes finance
the construction and operation of any public improvements which, now or in the future, will
be required by their project.
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The proposed text amendment is not site-specific though, as proposed, would benefit the current
applicant in his gravel mining activity. The current language of Section 7-840 meets the Goals,
Objectives, and Policies of the Garfield County Comprehensive Plan. The proposed changes to Items
E and H of Section 7-840 may conform to the policies of the Comprehensive Plan but interject a great
deal of vague language which could be difficult to implement and enforce. Additional discussion
about the proposed text amendment language is offered below in the Staff Analysis.
6
•
IV. CONSISTENCY WITH EXISTING COUNTY REGULATIONS
The proposed text amendment alters the standards for Section 7-840 Gravel Extraction (Items E and
H) and affects specific requirements for any Gravel Mining operation impacts to County Roads and
Reclamation. While each Land Use Change Permit must demonstrate conformance with the
applicable county regulations and state standards, the proposed text amendment introduces a great
deal of vagueness, rather than certainty, in the process of obtaining a permit for Gravel Extraction.
Development standards are listed for all Land Use Change Permits and encompass a broad range of
impacts including, but not limited to, Access and Roadways, Agricultural Land, Wildlife Habitat
Areas, Wetlands and Waterbodies, Water Quality standards, Erosion and Sedimentation, Drainage,
Stormwater Run -Off, Air Quality, Wildfire Hazards, Natural Hazards and Geologic Hazards,
Archeological, Paleontological and Historical Importance as well as Reclamation. The proposed text
changes affect the requirements for a specific use and alters an applicant's responsibility for on-site
and off-site impacts inconsistent with similar requirements for other types of uses.
V. STAFF ANALYSIS
The Unified Land Use Resolution of 2008 has specific standards which were recently adopted on July
7, 2009 in Resolution number 2009-53. The current proposal is to modify and expand on the listed
standards for Gravel Extraction located in Section 7-840 and more specifically items E and H.
Section 7-840 E Impacts to County Road System, discusses traffic volume, routing, and potential for
damage to the County Road System and specifically items 3 and 4 that deal with bonding and
mitigating measures for road impacts. The changes are minor but create uncertainty by allowing a
reduction in responsibility. The proposed text reads (vague language highlighted);
E. Impacts to County Road System — (Proposed Language Change)
3. If The Applicant's operation has direct access to a County Road, The Applicant shall submit evidence
of insurance for a minimum of $1,000,000 to cover any damages to public and private property, and
Garfield County shall be named as an additional insured If The Applicant demonstrates that its
operation will not directly enter a County Road or will not utilize, the County Road system to a
significant extent, a lesser amount of the $1,000,000 insurance can be agreed upon. The Applicant shall
propose the amount if this demonstration is made.
4. Roads used to access the construction site from the mine will be upgraded to withstand the additional
traffic, if needed, and the permittee will prevent road damage and mitigate dust, under the supervision
of the Road and Bridge Director.
With the proposed changes it is implied that Gravel Mining activity may not affect the road network
and, if proven to the Board, a reduced insurance and/or level of responsibility will allow a reduction
in the bonding and responsibility for off-site impacts. This may be difficult to implement and
monitor. To say activity on a site will not impact surrounding roads has no merit. In the particular
case of Rivers Edge, LLC, it would benefit the land owner since the claim is that a direct access to the
State Highway system will not affect the County Road system but the language change affects all
gravel mining activity in Garfield County and not just the Rivers Edge site.
7
• •
Section 7-840 H Reclamation/Enforcement, the proposed changes to this section significantly
expands the discussion concerning slopes, adds definitions within the body of the standards, changes
the required vegetation and irrigation standards, and adds a great deal of uncertainty by using vague
language that can't be readily implemented. Item H, as proposed is (vague language highlighted);
H) Reclamation/Enforcement - (Proposed Language Change)
1. Slopes
a) Wetland Areas: In pits excavating gravel below the water table, and where a pit lake is
part of the reclamation plan, wetlands shall be part of the reclamation plan, at least
along the lake surface, unless good reason is shown to provide an alternate plan along the
shoreline. If wetlands are part of the shoreline plan, the immediate area of wetland
slopes shall be predominantly 5:1 or shallower, with at least 80% 5:1, and 20% 10:1 or
shallower. The immediate area of wetland slopes is defined as 3 vertical feet above the
shoreline and 3 vertical feet below the shoreline. The percentages are calculated along
the perimeter of the reclaimed lakes. Exceptions to this requirement can be approved if
good cause is shown. Examples of exceptions are agreed post -mine uses of lake
recreation with boat dock facilities, discouraging of waterfowl habitat due to proximity
to an airport, fishing embankments, PUDs, public parks and others.
b) Dryland Areas: This area is defined as any area above a wetland shoreline or any non-
irrigated area in the post -mine land use that will predominantly be used for rangeland
grazing and wildlife habitat. These slopes shall be predominantly 5:1, meaning at least
85% of the slopes must be 5:1 or shallower, unless good reason is shown by the applicant
to reduce this requirement. Examples of situations where a variance is allowed are a)
where existing terrain slopes are steep, as in a older terrace gravel deposit, and it would
not be possible to restore such shallow slopes, and b) where a proposed operation is
within 10,000 feet of an airport runway and shallow slopes along a pit lake will
encourage waterfowl, creating a safety issue for airplanes, c) where the resource is
deemed very valuable, there is little or no backfill material available and a steeper slope
will not result in any undesirable impacts. Other exceptions may exist but must be
demonstrated by the Applicant.
2. Vegetation
All revegetation efforts shall occur as part of phased reclamation.
a) Wetland Criteria: Where wetlands are part of the reclamation plan, there shall be a
variation in revegetation species, which shall be based on the ultimate goals of the
reclaimed wetland areas. This is usually wildlife habitat; therefore, the species planted
through seeding shall promote and enhance the wildlife that will be expected to use the
wetland. Wetland seeding shall occur immediately before a lake is filled to prevent seed
loss from wildlife consumption, wind and other means. Seeding shall be done by drilling
or by hydroseeding methods. Broadcast seeding is not permitted. Revegetation of
wetlands shall also include planting of trees, willows and/or shrubs. Trees may be
eliminated from the plan if the Applicant can demonstrate that existing trees avoided in
the mining operation, combined with tree sapling planting, will provide the same visual
and wildlife effect. This planting work should be done immediately after lake filling so
that the trees are planted at the proper elevation. Established trees in final reclamation
phase for each lake are shall be at least 8' tall or 2" caliper trees. Shrubs are 5 gallon
shrub containers or live willow cuttings can also be used. Irrigation is not required in the
wetland areas.
8
• •
b) Dryland Criteria: The plant species to be employed in the dryland areas should be
based on the intended post -mining land use. For the normal dryland use of animal
grazing and wildlife habitat, variation and species diversity in revegetation are
important. Revegetation shall include a mixture of grasses, forbs and shrubs, and seeding
methods shall either use drilling with crimp mulching or hydroseeding. Mulch shall be
weed free and shall be applied at a rate of no less than 3000 pounds per acre.
Hydroseeding with hydromulching and tackifier is normally used on steep slopes.
Hydromulching shall be a minimum rate of 2000 pounds of wood fiber per acre. Active
irrigation in revegetation of dryland areas shall not take place after seeding unless the
following conditions exist: a) If drought conditions persist after seeding, irrigation shall
be used to provide what precipitation would normally be experienced and b) This
supplemental irrigation shall only be implemented during the lst three years after
seeding as required in (a) above. If initial seeding efforts fail, supplemental seeding may
be needed and supplemental irrigation shall be used again if less than average
precipitation is experienced.
The proposed changes to Item H discuss two elements of Reclamation: slope and vegetation. In the
proposed text related to slope, two definitions are introduced for "wetland slope" and "dryland area"
which should be new definitions to Article XVI rather than in the body of standards. Also, terms and
expressions such as "... unless good reason..." and "... where the resource is deemed very
valuable." are introduced which are vague and open to endless interpretation. Additionally, the
proposed text offers "exceptions" and "variances" to the standards for "good cause" and "good
reasons" but not identifying an equitable standard for either case.
In item H 2, Vegetation, additional language is added reducing the requirement for tree plantings and
irrigation in wetland areas plus contradictory language for seeding before lake filling and then a
following statement that planting should occur after lake filling. In dryland areas the requirement for
active irrigation is not required unless there is drought and then only if within three years after
seeding. Failure of the initial seeding in dryland areas may require additional replanting efforts but it
would be difficult to set a security amount and date given the uncertainty of weather.
VI. STAFF RECOMMENDATION
Planning Staff recommends the Planning Commission forward a recommendation of denial to the
Board of County Commissioners for the proposed text amendment to Section 7-840 Gravel
Extraction. The proposed language would be difficult to interpret, enforce, and implement creating a
scenario of constant negotiation between Garfield County and a future gravel pit developer. The
proposed text amendment may serve an individual property owner but does not offer adequate
standards and safeguards for the residents of Garfield County.
VII. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS
I. That the hearing before the Planning Commission was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were heard.
2. That the proposed text amendment is not in the best interest of the health, safety, morals,
9
• •
convenience, order, prosperity and welfare of the citizens of Garfield County.
3. That the application has met the requirements of the Garfield County Unified Land Use
Resolution of 2008, as amended.
4. That the proposed text amendment uses vague and contradicting language and would be
difficult to interpret and enforce.
5. That a new proposal with concrete and well defined standards may be entertained for future
consideration.
10
August 3, 2009
Greg Lewicki
Greg Lewicki & Associates
11541 Warrington Court
Parker, CO 80138
BUILDING & PLANNING DEPARTMENT
Re: Request for a Text Amendment to Article 7 Standards, Section 7-917: Additional
Standards Applicable to Gravel Extraction
Amending Article 7 Standards
By Modifying the language of Section 7-917 E Impacts to County Road System,
Items 3 and 4 and;
Modifying the language of Section 7-917 H Reclamation/Enforcement
Items 1 and 2
Dear Mr. Lewicki,
This office is in receipt of your Text Amendment application submitted by you for a request to
amend the text of Article VII — Section 7-917: Additional Standards Applicable to Gravel
Extraction. More specifically, your request was to;
Expand the language in 7-917 E, Impacts to County Road System, with additions to
items 3 and 4, and;
II. Expand the language in 7-917 H, Reclamation/Enforcement, with additions to items 1
and 2.
The purpose of this letter is to inform you that the application has been deemed Technically
Complete. Please understand that a determination of technical completeness by this office shall
not be deemed a recommendation of approval, finding of adequacy of the application, or a
finding of general compliance with any goal or objective of the Garfield County Land Use
Resolution of 2008 or the Comprehensive Plan of 2000. In addition, the Planning Department
may recommend an expansion or alteration of your request for code modifications to be
consistent with other provisions of the Unified Land Use Resolution.
The application will be reviewed by Staff, a staff report will be generated and sent to you (or
your designated representative), and the Planning Commission will review, discuss, and make a
recommendation to the Board of County Commissioners (BoCC) at a public hearing. This
hearing has been scheduled for Wednesday, September 23th, 2009 (next available) Planning
Commission agenda which begins at 6:30 PM. The meeting will be held in the Commissioner's
Meeting Room in the Garfield County Plaza Building, 108 8th St., Glenwood Springs, CO 81601.
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
• •
The Applicant shall be solely responsible for the publication of the notice and shall present proof
of publication at or before the September 23, 2009 Planning Commission hearing. If correct
noticing requirements have not been met, the meeting cannot be held. Notice for the
meeting shall be given as follows:
1. Notice by publication, including the name of the applicant, a description of the proposed
code amendment, nature of the meeting, and the date, time and place for the hearing
shall be given once in a newspaper of general circulation in the County at least thirty
(30) but not more than sixty (60) days prior to the date such hearing, and proof of
publication shall be presented at hearing by the applicant. (Please note: the Post
Independent is no longer considered a legal paper for notification purposes. However,
the Citizen Telegram does offer a legal paper option within Garfield County.)
I have enclosed the appropriate notice with this letter for the Planning Commission hearing as
mentioned above for your convenience. Please note: Staff has provided these documents as a
courtesy. The Applicant must verify that all information provided in these documents is correct. It
shall be the obligation of the Applicant to correct any deficiencies in these documents such that
proper notice in form and substance can be established.
Note: Please submit 15 copies of the completed application to this office no later than
Monday, August 10, 2009. If the copies have not been submitted by this date, your public
meeting and hearing may be jeopardized. Please make corrections to the narrative and
remove all references to the Zoning Resolution of 1978 and insert the references to the
Unified Land Use Resolution of 2008.
Do not hesitate to contact this office should you have further questions.
Sincere)
d
Thomas Veljic, AICP
Senior Planner
970-945-8212
Enclosed: Public Notice
2
• •
PUBLIC NOTICE
TAKE NOTICE that Greg Lewicki, has applied to the Planning Commission and Board of
County, Garfield County, State of Colorado, for a text amendment to the Unified Land Use
Resolution of 2008.
Pursuant to Article 4-202 of the Garfield County Land Use Resolution of 2008 as amended;
the applicant is requesting to amend Section 7-917 as follows:
Section 7-917 E. Impacts to County Road System
Items 3 and 4; change language to insurance minimums based on actual access to and use of County
Roads and; specific requirements to improve adjacent roads and monitoring by the County.
Section 7-917 H. Reclamation/Enforcement
Items 1 and 2; expand language to slope requirements in (a) wetland areas and (b) dryland areas and;
expand language for revegetation in (a) wetland criteria and (b) dryland criteria.
All persons affected by the proposed Text Amendment are invited to appear and state their
views, protests or support. If you can not appear personally at such hearing, then you are urged
to state your views by letter. The Planning Commission will give consideration to the comments
of surrounding property owners, and others affected, in deciding whether to recommend approval
or denial of the request for the Text Amendment to the Board of County Commissioners. The
application may be reviewed at the office of the Planning Department located at 108 8th Street,
Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of
8:30 a.m. and 5:00 p.m., Monday through Friday.
A public hearing on this application has been scheduled for the Planning Commission on
Wednesday, September 23, 2009 at 6:30 p.m., in the County Commissioner's Meeting Room,
Garfield County Plaza Building 108 8th Street, Glenwood Springs, Colorado. The Planning
Commission will make a recommendation only on this application to the Board of County
Commissioners.
Planning Department
Garfield County
Greg Lewicki And Associates, PLLC
July 31, 2009
11541 Warrington Court
Parker, CO USA 80138 E-Mail:info@lew icki.biz
Phone (303) 346-5196 Fax: (303)-346-6934
Tom Veljic
Garfield County Planner
Garfield County Building and Planning Department
108 8th Street Suite 401
Glenwood Springs, CO 81601
RE: Proposal for Text Amendment changes to certain Section 7-917 Regulations
Fred: During the Planning Commission hearing for the Scott Pit on June 24, 2009, the idea of
proposing some Text Amendment changes to certain rules recently adopted by the County in their 7-
917 regulations was discussed. Below is the proposed adjusted language for the Section 7-917
Regulations.
E. Impacts to County Road System (Current language)
3. The Applicant shall submit evidence of insurance for a minimum of $1,000,000 to cover
any damages to public and private property, and Garfield County shall be named as a
IVY va' - -41
additional insured.
4. Roads used to access he construction site from the min- will be upgraded to withstand
the additional traffic, and the p- ittee-wiiH-prevent oadamage and mitigate dust, under
the supervision of the Road and Bridge Director.
E. Impacts to County Road System — (Proposed Language Change)
3. If/The Applicant's operation has direct access to a County Road, Phe Applicant
shall submit evidence of insurance for a minimum of $1,00,000 to cover any
damages to public and private property, and Garfield County shall be named as an
additional insured, lf,,Tfite Applicant demonstrates that its operation will not directly
enter a County Woad or will not utilize the County fioad system to a significant
i
•
t/v`
v" 5 OA 4, • a"`, ,Pz-d'O - 0'`- r2i y Do v a 67
extent, a—less-er- amount the $1,000,000 insurance ca Abe—ag d --upon. The
Applicant shall propose theamountif-this-demonstiat-ion-is--made,., -
p
4. Roads used to acces e constr ction site from the in ill be upgraded to
withstand the additional traffi i neede• - . e • erg will prevent road
damage and mitigate dust, nd= t e sipervision of the Road and -Bridge Director.
/Q c 17/7c4'L`--eh
H.) Reclamation/Enforcement (Current Lanouage)
4-/ 7,64:1
G'p-arv;
aCc
Reclamation shall be done to create an aesthetically pleasing site or reclaimed area that will
blend with or improve upon the surrounding areas. All applications shall submit a
Reclamation Plan that specifically addresses the following aspects of reclamation: slopes,
vegetation, lake / pond shape & character, wildlife habitat / agriculture, phasing and berms.
Additionally, The State of Colorado Division of Reclamation, rvlining and Safety has minimum
standards for reclamation. For example, reclaimed slopes are typically required to be 3:1 or
shallower. This standard creates stable slopes but does not necessarily result in a landscape
that blends with the surroundings. The same is true for other aspects of reclamation. All
Reclamation plans shall follow the following design criteria:
1. Slopes
a) Wetland Criteria: Varied slopes predominantly 5:1 or shallower, at least 80%
5:1, and 25% 10:1 or shallower in wetland zone.
b) Dryland Criteria: Varied slopes predominantly 5:1 or shallower, seamlessly
blends with surrounding landscape.
2. Vegetation
a) Wetland Criteria: Variation in revegetation, revegetation to include planting of
trees and/or shrubs, if seedlings or sprouts plantings occur as part of phased
reclamation and not just at the end of the mine life. Established trees or shrubs
in final reclamation phase are at least 8' tall or 2" caliper trees or 5 gallon shrub
containers. Active irrigation shall be employed in revegetation areas during the
life of the mine or until revegetation is self-sustaining.
b) Dryland Criteria: Variation in revegetation, revegetation to include planting of
trees and/or shrubs, if seedlings or sprouts plantings occur as part of phased
reclamation and not just at the end of the mine life. Established trees or shrubs
in final reclamation phase are at least 8' tall or 2" caliper trees or 5 gallon shrub
containers. Active irrigation in revegetation areas during the life of the mine or
until revegetation is self-sustaining.
3. Lake / Pond Shape and Character: Reclamation with multiple ponds or lakes with
substantial islands or peninsula (at least 20% of total surface) to break up surface,
undulation of shorelines provides natural appearance.
£71
H) Reclamation/Enforcement - (Proposed Language Change)
1 Slopes
a) Wetland Areas: In pits excavating gravel below th water table, and
where a pit lake is part • the reclamation • Ian wet! ds shall be part of
the reclamation plan, t leas on the lake surfac , unle good reason
is shown to provide an alterna -plan-along-the shoreline. If we a i s are
part of the shoreline plan, the immediate area of wetland slopes shall be
predominantly 5:1 or shallower, with at least 80% 5:1, and 20% 10:1 or
shallower. The immediate area of wetland slopes is defined as 3 vertical
feet above the shoreline and 3 vertical feet below the shoreline. The
percentages are calculated along the perimeter of the reclaime lakes. • t,:.
xceptions to this requireme t_'. • •°elapproved ifooa cause fiof �
Examples of exceptions ar at reed )ost-mine uses of lake recreation with �d-4(t�
boat _clnc-k-faciliti-s, • iscour • g of waterfowl habitat due to proximity to
an airport, fishing embankments, PUDs, public parks and others. -
\ �b) Dryland Areas: This area is defined as any area above a we
�t' shoreline or any non -irrigated area in the post -mine la use that will
predominantly be used for rangeland grazing a d -_wildlife habitat. These
slopes shall be predominantly 5.1, e�'n• at�least :5% f the slopes
must be 5:1 or shallower, unlessoomn
d re so is o n •y the applicant
to reduce this requirement. Examples of situations where a variance is
allowed are a) where existing terrain slopes are steep, as in Polder
terrace gravel deposit, and it would not be possible to restore such
shallow slopes, and b) where a proposed operation is within 10,000 feet of
an airport runway and shallow slopes along a pit lake will encourage
aterf•wl, c - • a safety issue for airplanes, c) where the resource is
( deeme• ery valuable there is little or no ria/ available and a
s eeper not result in an 4Indesirable imp_acts. Other exceptions
may exist but must be demonstrated by the Applicant.
7
2. Vegetation
All revegetation efforts shall occur as part of phased reclamation.
a) Wetland Criteria: Where wetlands are part of the reclamation plan, there 4
shall be a variation in revegetation species, which shall be based on the
ultimate goals of the reclaimed et ar asp--T'sally-wildlife—
habitat; therefore, the species pl nted throu h seedin hall promote and
enhance the wildlife that will be expected to use the wetland. Wetland
seeding shall occur immediately before a lake is filled to prevent seed
loss from wildlife consumption, wind and other means. Seeding shall be
done by drilling or by hydroseeding methods. Broadcast seeding is not
permitted. Revegetation of wetlands shall also include planting of trees,
willows and/or shrubs. Trees may be eliminated from the plan if the
Applicant can demonstrate that existing trees avoided in the mining
• •
operation, combined with tree sapling planting, will provide the same
visual and wildlife effect. This planting work should be done immediately
after lake filling so that the trees are planted at the proper elevation.
Established trees in final reclamation phase for each lake are shall be at
least 8' tall or 2" caliper trees. Shrubs are 5 gallon shrub containers or
live willow cuttings can also be used. Irrigation is not required in the
wetland areas.
b) Dryland Criteria: The plant species to be employed in the dryland areas
should be based on the intended post -mining land use. For the normal
dryland use of animal grazing and wildlife habitat, variation and species
diversity in revegetation are important. Revegetation shall include a
mixture of grasses, forbs and shrubs, and seeding methods shall either
use drilling with crimp mulching or hydroseeding. Mulch shall be weed
free and shall be applied at a rate of no less than 3000 pounds per acre.
Hydroseeding with hydromulching and tackifier is normally used on steep
slopes. Hydromuiching shall be a minimum rate of 2000 pounds of wood
fiber per acre. Active irrigation in revegetation of dryland areas shall not
take place after seeding unless the following conditions exist: a) If
drought conditions persist after seeding, irrigation shall be used to
provide what precipitation would normally be experienced and b) This
supplemental irrigation shall only be implemented during the 1st three
years after seeding as required in (a) above. If initial seeding efforts fail,
supplemental seeding may be needed and supplemental irrigation shall
be used again if less than average precipitation is experienced.
I ain available at the number shown at the top of the letter if you have any questions.
Sincerely,
,ewc,d6
Greg Lewicki, P. E.
Greg Lewicki and Associates
• •
4.0 RECLAMATION
The mineral rules and regulations, published by the Colorado Mined Land Reclamation Board, establish
the requirements for reclamation of mined lands in the State of Colorado. These requirements must be
satisfied and adhered to for the life of the mine in order to obtain a mining permit for the extraction of
gravel. The requirements presented in this document supplement those of the Mined Land Reclamation
Board and recognize the special riverine corridor stability needs. In no case do the requirements of this
document imply that the requirements of the Mined Land Reclamation Board, as a minimum, should not
be adhered to.
4.1 RECREATIONAL CRITERIA
When gravel pit lakes are to be reclaimed as recreational amenities, the side slopes of the lakes should
be sloped at a minimum of 5 horizontal to 1 vertical (5H:IV) for a distance from the top of the berm to a
point 8 feet under the normal water surface. There the slope can be at 2H:IV to the lake bottom. Where
concentrated swimming is to be actively encouraged, side slopes of 20H:IV, or flatter, are recommended
in the beach areas.
Irregularities in the lake shorelines are required for variety in the environment and to enhance wildlife
habitat. These irregularities also help protect the banks from wave action. Other recreational or wildlife
features, such as islands, may be required by local government.
Corridors must be provided for access to recreational areas and maintenance trails. These corridors
should be incorporated into riverside berms, or through other portions of the lease properties if developed
as part of a overall recreational master plan by the operators or by the local governments. A corridor of
100 -feet minimum is recommended to accommodate multiple recreational uses. This river corridor
minimum width should be maintained on both sides of the river for its entire length. The recreational
corridor may be contained within the required top width of riverside berms.
4.2 REVEGETATION CRITERIA
Revegetation of all areas not receiving other stabilization techniques will be required. The revegetation
should be installed in conformance with the Guidelines for Vegetation and must meet the approval of the
Colorado Mined Land Reclamation Board.
The goal of revegetation is to reestablish the historic ground cover as closely as possible to promote the
return of the historic animal population, to protect areas from erosion by wind and water and to improve
the aesthetics of the area. To accomplish this, revegetation must be undertaken at the earliest
opportunity. Revegetation must begin as soon as the slope has attained its required configuration subject
to the seeding criteria specified in Guidelines for Vegetation. When slopes are in areas which will be
inactive for periods in excess of six months vegetation must be re-established.
UD&FCD GRAVEL GUIDELINES 12/17/87
4-1
• ARTICLE VII
STANDARDS
7-917 GRAVEL EXTRACTION
Section 7-917 Additional Standards Applicable to Gravel Extraction
(This entire section was added to these regulations via Resolution 2009 - ).
A. Water Quantity & Quality Impacts / Floodplain Impacts
If a gravel pit is located within the floodplain there is a reasonable chance that it
could be flooded during its operational life. Equipment, machinery, fuel etc could
become pollutant sources in the case of a flood. In addition, if the pit is located
near the floodway of a river there is the possibility that in a flood a gravel pit
could alter the natural course of a river. This can have negative impacts on a
river ecosystem and unknown impacts on nearby landowners. Every Application
for gravel extraction shall address the following:
1. When the proposal is near a river or stream the Applicant is required to
submit an analysis by a professional engineer showing the boundaries of
the floodplain and the floodway in the area of the pit.
2. Provide a Stormwater Management Plan that demonstrates how the
project will not adversely affect surface or groundwater resources.
Additionally, provide a Sediment and Erosion Control plan that
demonstrates what best management practices will be used in the project.
3. In all cases, an application for a gravel mining operation shall include a
Spill Prevention Counter Measure and Control Plan (SPCC) that provides
a program that handles spills of hazardous materials as well as local
contact information for responsible personnel at the facility.
4. No land use change application shall be accepted by the County without a
letter from the applicable fire protection district stating that the proposed
project has been adequately designed to handle the storage of flammable
or explosive solids or gases and that the methods comply with the
national, state and local fire codes.
5. No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonably
foreseeable natural causes or forces.
6. Development in 100 year Floodplain: Floodways - located within areas of
special flood hazard established in as found in the report entitled the Flood
Insurance Study, Garfield County, Colorado, Unincorporated Areas dated
August 2, 2006 and the accompanying flood maps entitled Flood
Boundary Maps, Floodway Maps and Flood Insurance Rate Maps,
Garfield County, Colorado, Unincorporated Areas, as the same may be
from time to time amended through the Zone District Amendment
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION, AS AMENDED 7-147
October 13, 2008
• ARTICLE VII
STANDARDS
7-917 GRAVEL EXTRACTION
procedure in Article IV are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles and erosion potential, the
following provisions shall apply:
a) Encroachments are prohibited, including fill, new construction,
substantial improvements and other development within the
adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed
encroachment would not result in any increase or decrease in flood
levels within the County during the occurrence of the base flood
discharge.
b) All new construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions of Section 7-
701(G) and Section 7-701(H).
c) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Regulations, the County may permit
encroachments within the adopted regulatory floodway that would
result in an increase in base flood elevations, provided that the
Applicant obtains a Letter of Map Revision (LOMR) for a floodway
revision through FEMA and that no mining activity shall occur until
FEMA has approved a Letter of Map Revision (LOMR).
d) In all cases, there shall be no storage of fuel or hazardous
materials including concrete / asphalt batch plants within the
floodway.
7. Standards for Areas of Shallow Flooding: Located within the areas of
special flood hazard which are areas designated as shallow flooding also
known as the flood -fringe as found in the report entitled the Flood
Insurance Study, Garfield County, Colorado, Unincorporated Areas dated
August 2, 2006 and the accompanying flood maps entitled Flood
Boundary Maps, Floodway Maps and Flood Insurance Rate Maps,
Garfield County, Colorado, Unincorporated Areas, as the same may be
from time to time amended through the Zone District Amendment
procedure in Article IV.
These areas have special flood hazards associated with base flood depths
of 1 to 3 feet where a clearly defined channel does not exist and where the
path of flooding is unpredictable and where velocity flow may be evident.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION, AS AMENDED 7-148
October 13, 2008
•ARTICLE VII
STANDARDS
7-917 GRAVEL EXTRACTION
Such flooding is characterized by ponding or sheet flow; therefore, the
following provisions apply:
a) All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated
above the highest adjacent grade at least as high as the depth
number specified in feet on the community's FIRM (at least two feet
if no depth number is specified).
b) All new construction and substantial improvements of non-
residential structures;
1. have the lowest floor (including basement) elevated above
the highest adjacent grade at least as high as the depth
number specified in feet on the community's FIRM (at least
two feet if no depth number is specified), or;
2. together with attendant utility and sanitary facilities be
designed so that below the base flood level the structure is
watertight with walls substantially impermeable to the
passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads of
effects of buoyancy.
c) A registered professional engineer shall submit a certification to the
County Floodplain Administrator that the standards of this Section
have been fully satisfied.
d) Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from
proposed structures.
8. 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.
9. In -stream mining is not permitted.
10.A11 applications shall provide a de -water / discharge plan that provides a
detailed graphic representation of how dewatering operations shall occur.
This plan shall demonstrate that the discharge will not exceed state
standards for discharge into a water course or wetland.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION, AS AMENDED 7-149
October 13, 2008
a• ARTICLE VI I
STANDARDS
7-917 GRAVEL EXTRACTION
11.In all cases, the Application shall contain proof that the operation has
adequate legal and physical water for the proposed application.
B. Air Quality
Fugitive dust from disturbed areas is one of the primary causes of gravel pit air
pollution. The potential for soil erosion potential also increases proportionate to
the amount of disturbed area. Gravel Pits should make an active effort to reduce
disturbed area through phased reclamation, efficient operations, and
landscaping. Disturbed acreage can also provide a measure of visual impact
when the operation is located on valley floor and there are residences on nearby
hillsides. Opacity shall not exceed 20%.
1. All gravel operations in the County shall comply with applicable County,
State, and Federal regulations regulating air pollution and shall not be
conducted in a manner constituting a public nuisance or hazard.
2. Impacts on adjacent land from the generation of vapor, dust, smoke, or
other emanations. All applications shall demonstrate how they will meet
County, State, and Federal air pollution regulations. Any repair and
maintenance activity requiring the use of equipment that will generate
odors beyond the property boundaries will be conducted within a building
at any time or outdoors during the hours of 7:00 AM to 8:00 PM, Monday -
Saturday.
3. The proposed operation will be located a sufficient distance from other
mining operations so as not to create cumulative impacts to air quality.
4. No application shall be approved until the Applicant submits evidence that
all plants and processing equipment shall have current Colorado
Department of Public Health and the Environment (CDPHE) Air Pollution
Permits and shall meet current CDPHE emissions standards for air and
water.
C. Noise / Vibration
All gravel extraction operations in the County shall comply with applicable
County, State, and Federal regulations regulating noise pollution and shall not be
conducted in a manner constituting a public nuisance or hazard. Volume of
sound generated shall comply with the standards set forth in the Colorado
Revised Statutes at the time any new application is made.
1. An Applicant shall submit a noise study that demonstrates the proposed
gravel operation can meet the requirements in the matrix below based on
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION, AS AMENDED 7-150
October 13, 2008
•
ARTICLE VII
STANDARDS
7-917 GRAVEL EXTRACTION
measuring the sound levels of noise radiating from a property line at a
distance of 25 feet or more beyond the
subject property. (The image to the right
shows a dashed line at 25 feet beyond the
subject property where noise shall be
measured.)
2. Note, the dB(A) threshold shown below
shall be that of the receiver and not that of
the emitter. For example, while the gravel
operation would be considered an 1 ,
industrial operation, the dB(A) levels
shown below are measured according to
the neighboring uses so that if a residential use was located adjacent to
the operation, sound levels could not exceed 55 dB(A) from 7 AM to 7 PM
and 50 dB(A) from 7 PM to 7 AM.
Zone
7 am to 7 pm
7 pm to 7 am
Residential
55 dB(A)
50 dB(A)
Commercial
60 dB(A)
55 dB(A)
Light Industrial
65 dB(A)
70 dB(A)
Industrial
80 dB(A)
75 dB(A)
3. Every use shall be so operated that the ground vibration inherently and
recurrently generated is not perceptible, without instruments, at any point
of any boundary line of the property on which the use is located.
D. Visual Impacts
All applications for gravel extraction shall address the following:
1. All gravel
operations
proposed to mine
areas greater than
30 acres shall be
designed in multiple
phases in order to
minimize the visual
impact of the gravel
pit primarily by
logical "sequencing"
and "overall layout"
of the pit's design.
Scale,
Office / Parkin
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION, AS AMENDED
October 13, 2008
7-151
• ARTICLE VII
STANDARDS
7-917 GRAVEL EXTRACTION
2. Design of the proposed use including the storage of heavy equipment is
organized to minimize impact on adjacent uses of land through installation
of screen fences, berming, and/ or landscape materials on the periphery of
the lot and by location of intensively utilized areas, access points, lighting
and signs in such a manner as to protect established neighborhood
character.
3. At the discretion of the County Commissioners, all outdoor storage
facilities may be required to be enclosed by fence, landscaping or wall
adequate to conceal such facilities from adjacent property.
4. New long-term (more than one year) mining operations will minimize
visual impacts along entryways to growth centers. Planning Commission
and/or the Board of County Commissioners will determine sufficiency of
minimization.
5. All application shall include a "Berming, Screening, and Buffering Plan" to
aid in visual screening. Provisions in this plan shall be in place prior to
commercial mining. The Applicant shall invite the Staff from the County
Building and Planning Department to the site to inspect that the installation
occurred pursuant to the plan presented to the Board of County
Commissioners prior to the commencement of any commercial activity
and issuance of a land use change permit.
6. All lighting shall be the minimum necessary, directed inward and
downward towards the property.
7. Unless otherwise determined by the Board of County Commissioners,
mining operations shall be allowed to progress so long as the previous pit
has been reclaimed within 6 months after the commencement of the new
pit mining operation. If the reclamation has not commenced in six months
or has been completed within eighteen (18) months, all mining operations
on the property shall stop until the reclamation / revegetation has occurred
to the satisfaction of the County. Completion, including but not limited to
top -soiling, seeding, mulching, sapling planting, and water filling of the
lake, shall be determined by the provisions contained within the
reclamation plan approved by the Board of County Commissioners.
E. Impacts to County Road System
1. All applications for a gravel extraction operation shall submit a traffic
impact study prepared by a professional traffic engineer that identifies
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION, AS AMENDED 7-152
October 13, 2008
•
• ARTICLE VII
STANDARDS
7-917 GRAVEL EXTRACTION
projected volumes of traffic through the life of the project, expected haul
routes and any improvements street improvements adequate to
accommodate traffic volume generated by the proposed use and to
provide safe, convenient access to the use. These improvements shall
either be in place or shall be constructed in conjunction with the proposed
use.
2. Truck traffic will not access the mining operation through residential, or
commercial areas, or such traffic will be mitigated.
3. The Applicant shall submit evidence of insurance for a minimum of
$1,000,000 to cover any damages to public and private property, and
Garfield County shall be named as an additional insured.
4. Roads used to access the construction site from the mine will be upgraded
to withstand the additional traffic, and the permittee will prevent road
damage and mitigate dust, under the supervision of the Road and Bridge
Director.
5. The Applicant shall obtain driveway access permitls issued by Garfield
County Road & Bridge Department at specific locations to be approved by
the Road and ridge Department. These permits shall have conditions
specific to the driveway/s. This may include stop sign/s at entrance to
County Road. The stop signs and installation shall be as required in the
MUTCD (Manual on Uniform Traffic Control Devices). Paved or concrete
apron/s shall also be required as specified by the issued permit/s.
6. If road damage on a County Road becomes evident due to the traffic
generated from the gravel pit operation, the Road and Bridge Department
shall require that repair or replacement of the road surface as determined
by Garfield County Road & Bridge Department become the responsibility
of the owners or operators of the gravel pit operation.
F. Impacts to Wildlife
1. The Applicant shall demonstrate the presence or absence of Threatened
and Endangered species as well as the presence or absence of critical
habitats for Threatened and Endangered species.
2. The Application shall contain a Wildlife Impact Analysis prepared by a
professional that identifies existing wildlife habitat and impacts on wildlife
as a result of the project which may include but be not limited to impacts to
domestic animals through the creation of hazardous attractions, alteration
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION, AS AMENDED 7-153
October 13, 2008
• •
ARTICLE VII
STANDARDS
7-917 GRAVEL EXTRACTION
of existing native vegetation, blockade of migration routes, use patterns or
other disruptions.
G. Compatibility with Surrounding Land Uses
The following regulations shall apply to all gravel operations in the County:
1. No permit shall be approved unless sufficient distances separate such use
from abutting property which might otherwise be damaged by operations
of the proposed use(s).
2. The equipment storage area is not placed any closer than 300 ft. from any
existing residential dwelling.
3. Loading and unloading of vehicles shall be conducted on private property
and may not be conducted on any public right-of-way.
4. Any storage area for uses not associated with natural resources, shall not
exceed ten (10) acres in size.
5. Any lighting of storage area shall be pointed downward and inward to the
property center and shaded to prevent direct reflection on adjacent
property.
6. Shall be compatible with surrounding agricultural, residential, and
recreational land uses by selection of location and/or mitigation.
7. The proposed operation will be located a sufficient distance from other
mining operations so as not to create non-mitigatable cumulative impacts
to roads, air and water quality, or other resources and amenities.
8. Unless otherwise determined by the Board of County Commissioners, The
gravel pit hours of operation will be 7:00 a.m. to 8:00 p.m. Monday through
Saturday with crushing, digging, and heavy hauling allowed from 7:00 am
to 6:00 pm allowing for administrative and maintenance activities to take
place until 8:00 p.m. No operations except emergency maintenance to
ensure the integrity of operating equipment shall take place on Sunday.
H. Reclamation / Enforcement
Reclamation shall be done to create an aesthetically pleasing site or reclaimed
area that will blend with or improve upon the surrounding areas. All applications
shall submit a Reclamation Plan that specifically addresses the following aspects
of reclamation: slopes, vegetation, lake / pond shape & character, wildlife habitat
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION, AS AMENDED 7-154
October 13, 2008
• •
ARTICLE VII
STANDARDS
7-917 GRAVEL EXTRACTION
/ agriculture, phasing and berms. Additionally, The State of Colorado Division of
Reclamation, Mining and Safety has minimum standards for reclamation. For
example, reclaimed slopes are typically required to be 3:1 or shallower. This
standard creates stable slopes but does not necessarily result in a landscape
that blends with the surroundings. The same is true for other aspects of
reclamation. All Reclamation plans shall follow the following design criteria:
1. Slopes (See illustration below)
a) Wetland Criteria: Varied slopes predominantly 5:1 or shallower, at
least 80% 5:1, and 25% 10:1 or shallower in wetland zone.
b) Dryland Criteria: Varied slopes predominantly 5:1 or shallower,
seamlessly blends with surrounding landscape.
Wetland Shelf Design:
For areas not adjacent
to existing wetlands
Cottonwood SaplIngs Planted
Or Existing Trees Avoided
15' Wetland Shelf
Original Pre—MIning Surface
1 Approximate Lake Surface
3
Topsoil Replaced 5' Wetland Fringe
to Depth of 1.0' 3
Stumps and Roots
Placed in Piles
on the Lake Bottom
for Fish Habitat
2. Vegetation
a) Wetland Criteria: Variation in revegetation, revegetation to include
planting of trees and/or shrubs, if seedlings or sprouts plantings
occur as part of phased reclamation and not just at the end of the
mine life. Established trees or shrubs in final reclamation phase are
at least 8' tall or 2" caliper trees or 5 gallon shrub containers. Active
irrigation shall be employed in revegetation areas during the life of
the mine or until revegetation is self-sustaining.
b) Dryland Criteria: Variation in revegetation, revegetation to include
planting of trees and/or shrubs, if seedlings or sprouts plantings
occur as part of phased reclamation and not just at the end of the
mine life. Established trees or shrubs in final reclamation phase are
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION, AS AMENDED 7-155
October 13, 2008
••
ARTICLE VII
STANDARDS
7-917 GRAVEL EXTRACTION
at least 8' tall or 2" caliper trees or 5 gallon shrub containers. Active
irrigation in revegetation areas during the life of the mine or until
revegetation is self-sustaining.
3. Lake / Pond Shape and Character: Reclamation with multiple ponds or
lakes with substantial islands or peninsula (at least 20% of total surface) to
break up surface, undulation of shorelines provides natural appearance.
Example of Reclamation Plan that incorporates shoreline undulation, etc.
4. To the extent permitted by law, unless all disturbance created by the
mining operation is covered by a reclamation bond under jurisdiction of the
Colorado Division of Reclamation, Mining and Safety, or by the federal
government on federally owned lands, a bond or other acceptable
financial performance guarantee shall be submitted in favor of Garfield
County in an amount of at least 150 percent of the cost of restoration of
the site and access roads. The required amount of such financial
performance guarantees may be increased at the discretion of the Board
of County Commissioners to account for inflation. A bid for site restoration
acceptable to the permittee and Garfield County shall be submitted to the
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION, AS AMENDED 7-156
October 13, 2008
• • ARTICLE VII
STANDARDS
7-917 GRAVEL EXTRACTION
Planning Department as evidence of the cost of reclamation for bond
setting purposes.
5. To the extent permitted by law, the Board of County Commissioners may
require a financial performance guarantee in addition to that required by
the Colorado Division of Reclamation, Mining and Safety to insure that
certain conditions of a permit will be complied with. The required amount
of such financial performance guarantees may be increased at the
discretion of the Board of County Commissioners to account for inflation.
The County will not require financial guarantees that are duplicative of that
required by the DRMS.
6. The operator will 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.
7. The County commits to notifying the Operator of any compliance concern
and allows an inspection with site personnel and the designated County
inspector prior to contacting any agency.
8. The County can request a site inspection with one day's notice to the
Operator. Full access to any part of the site will be granted. On request, all
paperwork must be shown. The County cannot request a large number of
inspections that would interfere with normal operation without cause.
9. A full list of all other permits shall be provided to the County. 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. CDPHE Water Quality Control 303-692-3500
c. US Army Corps of Engineers 970-243-1199
d. Division of Reclamation, Mining and Safety 303-866-3567
e. CDOT Grand Junction office 970-248-7000
10.The County will be invited to any bond release inspection of the State
Division of Reclamation, Mining and Safety. The County inspector will
have the opportunity to demonstrate that any item of the permit has not
been complied with and that bond should not be released.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION, AS AMENDED 7-157
October 13, 2008
• • ARTICLE VII
STANDARDS
7-917 GRAVEL EXTRACTION
11. The Operator acknowledges that the County has performance standards
in place that could lead to revocation of the Special Use Permit if
continued violations of the permit occur over a period of time.
12.The County shall not issue a Special Use Permit until all required local,
state, and federal permits have been obtained and submitted to Garfield
County including but not limited to the municipal Watershed Permit,
CDPHE, USACE, NPDES, Division of Water Resources (approved well
permits and plan for augmentation), etc.
13. The reclamation plan approved by Garfield County as part of the land use
change permit shall be resubmitted to the DRMS to become the only
reclamation plan (tasks / timetables) used by both the County and DRMS.
Additionally, a bond shall need to be calculated to cover this plan and
secured with DRMS to cover its implementation.
14. The applicant shall provide locations of county listed noxious weeds on a
map. Once the inventory is provided the applicant shall develop a weed
management plan that addresses all county listed noxious weeds found
on site. This weed management plan shall be submitted to the County
Vegetation Manager for approval prior to the issuance of a land use
change permit.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION, AS AMENDED 7-158
October 13, 2008