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HomeMy WebLinkAbout02.0 Staff ReportGARFIELD COUNTY COMMISSIONERS AGENDA Garfield County Planning Department comments: February 20, 1990 10:00 Special Use Permit for a natural gas well. Location: NE 1/4 NW 1/4 SW 1/4 Section 34, T6S, R94W; Applicant: CER Corporation 10:15 Senate Bill 35 Exemption; located adjacent to the south side of Carbondale off of State Highway 133; Applicants: Jerry & Sharlene Smith 11:00 Senate Bill 35 Exemption; located approximately 2 miles northeast of Carbondale off C.R. 103; Applicants: Ronald & Margery Martin 2:00 Public Hearing-Reissuance of a Special Use Permit for a concrete, asphalt batch plant, concrete forms; Applicant: Albert Frei & Sons, Inc. ,f /•a, t6// ,/W(4 CI) a loll l/145 /-e//, /— . r' -ter //// 4)i/% (E. --/e_ (1-.7 )-4'/? • C-P4r ,/7t�lil� /C . -- hew ane - J�ir/P�l REQUEST: • • BOCC 2/20/90 PROJECT INFORMATION AND STAFF COMMENTS Consider the reissuance of approval contained in Resolution No. 83-126 for an asphalt and concrete batch plant, concrete casting plant and castings storage area. APPLICANT: Albert Frei and Sons, Inc. LOCATION: A tract of land located in a portion of Section 11, T6S, R92W; more practically described as a parcel of land located approximately one (1) mile southeast of Silt off of C.R.311. I. PROJECT DESCRIPTION A. Resolution No. 83-126 requires the review of the operation record and reconsideration for reissuance of the permit after five (5) years. Since no reconsideration of the special use permit approval has occurred since the original approval, this process has been initiated. The applicant has requested reissuance of the Special Use permits with the same conditions of approval except that the life of the permit coincide with the mining permit. The special use permits in question are the asphalt and concrete batch plants, concrete casting plant and concrete castings storage area. (See map, page // ) The estimated life of the mining operation in 1981 was 15 years. Presently, it is unknown how much longer mining will occur due to the indefinite sand and gravel market. B. History - In 1981, Albert Frei and Sons received approval for an open pit sand and gravel mine and conveyor system across the Colorado River, in Resolution No. 81-331. In 1983, by Resolution No. 83-126, Albert Frei and Sons received approval for an asphalt batch plant, concrete batch plant, casting plant and castings storage area, in addition to the sand/gravel operation. One of the conditions of approval restricted the hours of operation to 7:00 A.M. to 5:00 P.M., Monday through Friday. Later in 1983, by Resolution No. 83-298, the hours of operation condition was modified to allow for the hauling of sand and gravel for small private projects on Saturdays from 7:00 A.M. to 5:00 P.M. Resolution No. 85-206, further modified the hours of operation, allowing truck hauling 24 hours a day, Monday through Saturday, as well as modifying the hours of operation of other activities. (See pages jj -/( ) II. MAJOR ISSUES AND CONCERNS A. Resolution No. 83-126 contained 12 conditions of approval, some of them are no longer applicable: #2 - The applicant paid the required $5,000 in 1983, but the bridge on the south side still requires reduced speeds for heavy truck traffic. • • #4 - A site specific landscaping plan was submitted but the results of the growth over the years is not complete. #7 - In 1985, the Board of County Commissioners released the required road bond. #10- It is no longer necessary to have a separate parcel for the concrete casting plant and storage area. #11- All operations and conveyors have been removed from the north side of the river. B. In general, there have not been many complaints about the operation in the past few years. The complaints received have been due to poor control over operators of other equipment, in particular, the asphalt batch plants. Additionally, the applicant is subject to Section 404 of the Clean Water Act after -the -fact permitting and Section 401, water quality certification. This permitting has not been completed yet. (See pages/7,0/r ) The Grand Junction Corps of Engineers office has stated that the permit can be issued if the appropriate additional documentation is submitted to them. Once this is done, they feel it will be a matter of a few weeks to get the final permit from the Sacramento office. C. King Lloyd, County Road and Bridge supervisor, has noted that hauling from the Silt pit is limited by the bridge on the south channel of the Colorado river. (See page) While this bridge was strengthened in 1982-83, continued use of the bridge by heavy loads has caused further deterioration of the bridge. This is attributed primarily to heavy loads coming off the downgrade from the south at speeds in excess of the posted 10 MPH limit. While all of this cannot be attributed to trucks from the Silt pit, there have been problems with some of the applicant's trucks exceeding legal load limits from another gravel further east along 311 road. He recommends that the road bond be reinstated that was voided in 1985. D. The Town of Silt recommended renewal of the permits, if all current conditions of approval are met. (See page III. SUGGESTED FINDINGS 1. That the meeting before the County Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 2. That for the above stated and other reasons, the proposed special use is consistent with the best interests of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. IV. RECOMMENDATION APPROVAL of the reissuance of the Special Use permits for the asphalt batch plant, concrete batch plant, concrete casting plant and casting storage area, subject to the following conditions: 1. All proposals of the applicant shall be considered conditions of approval unless otherwise expressly stated below: 2. All trucks originating out of the applicant's pit shall observe the weight limits required by law. s 't. 7 3. ••a• an• .. t5ruek-weft . That prior to issuance of the subject special use permit, the applicant shall obtain and submit to the Garfield County Planning Department copies of its permits from all other governmental entities with the exception being that the Section 404 of the Clean Water Act permit may be submitted subsequent to,the reissuance of the special use permit, if the required information is submitted to the rps of Engineers office in Grand Junction prior to eissuance. 6. 7. hauling shall be limited on County Road 311 to the section between the applicant's site and the Silt Bridge for access to the I-70 corridor and/or any site not located south of the Colorado River between Rifle and New C stle; The following days and hours of operation: a. Asphalt Batch plant operation from 6:00 A.M. to 6:00 P.M., Monday through Friday; Concrete batch plant and concrete casting plant may operate at any hour, Monday through Saturday; The hauling by truck of any product at any hour, Monday through Saturday, provided the dust is controlled. d. All sand and gravel mining, crushing and other operations, not noted previously, shall be limited to 6:00 A.M. to 6:00 P.M., Monday through Saturday. e. That the applicant will continue revegetation efforts on the north side of the Colorado River and complete that effort as soon as possible which would include the removal of asphalt and concrete road remnants unless it can be demonstrated that material cannot be emoved due to State Highway denial. 6).fh 3 s,Ecr►,L/,r.r i( S(di-t.06 Cy( Ards p?f4WL litertthe applicant will post a bond for road maintenance a as seemed appropriate by he Board a d the Cpunty Road Supervisor; cm/s5 a_rwta/% 4��C' db/_I• q/?gyp,� 1 %C.712 exppro cd by ,4I eac d, 6p a y) t r '/PW That upon a verified allegation of a violation of this Resolution received from the appropriate person or agency, the Board shall investigate compliance with the conditions of approval, as provided for in Section 9.01.06 of the Garfield County Zoning Resolution of 1978, as amended; b. c. 8. That the applicant shall be held liable for compliance with the above conditions and any State or Federal regulations for any operation on the property. 9. That all propane tanks, and any other non -extractive related equipment be removed prior to reissuance of any permits. LEGEND: WETLANDS PROPERTY LINE ******* FUTURE WETLANDS WNW RIPARIAN AREA WITH WETLANDS I-70 STOCKPILES RIVER ----W---- LAKE WATER SURFACE aa¢aaaaas EXISTING ROADS e s, v L'A L4 STRIPPED AREAS (MISC. USES) R. O. W. Owe art �1 nivEn N NOTES: 1. ALL LANDS WITHIN THE ---W--- LINE WILL BE MINED 12. 'ONLY NATIVE FILL WILL BE USED FOR BANK SLOPING 3. TIIE EXISTING WETLANDS WILL BE MINED 4. ELEVATIONS INDICATED BOTTOM OF LAKE. 5. MINING LINE I8 SETBACK 100 FT FROM RIVER PURPOSE: COMMERCIAL MINING OPERATION DATUM: SEA LEVEL ADJACENT PROPERTY OWNERS: SEE NUMBERED LIST UN APPLICATION FORM • PLAN VIEW EXISTING CONDITIONS SCALE 1"=855' ALBERT FREI AND SONS, INC. 11521 BRIGHTON ROAD HENDERSON, CO 80640 EXISTING GRAVEL MINE ADJACENT T0: COLORADO RIVER AT: SILT COUNTY: GARFIELD STATE: CO APPLICATION BY: ALBERT FREI AND SONS, INC. 7'. • • • CURRENT CONDITIONS OF APPROVAL FOR ALBERT FREI AND SONS, INC., PER RESOLUTIONS NO. 83-126, 83-298 AND 85-206: 1. All proposals of the applicant shall be considered conditions of approval unless otherwise expressly stated below: 2. The applicant shall pay to Garfield County the Five Thousand Dollars and No/Cents ($5000), previously owed, to bring the bridge south of the new Silt Bridge to a standard capable of handling the anticipated heavy truck traffic. The $5,000 owed to the County for the necessary work shall be paid prior to issuance of this Special Use Permit. The applicant's truck traffic over the bridge south of the new Silt Bridge shall be limited to a speed of fifteen (15) miles per hour, until the bridge is repaired. 3. That prior to issuance of the subject special use permit, the applicant shall obtain and submit to the Garfield County Planning Department copies of its permits from all other governmental entities; 4. A site specific landscaping plan, acceptable to the Garfield County Board of County Commissioners, shall be submitted to identify how the proposed facilities will be adequately screened from the I-70 corridor and adjacent less intensive uses; 5. That hauling shall be limited on County Road 311 to the section between the applicant's site and the Silt Bridge for access to the 1-70 corridor and/or any site not located south of the Colorado River between Rifle and New Castle; 6.** The following days and hours of operation: a. Asphalt batch plant operation from 6:00 A.M. to 6:00 P.M., Monday through Friday; b. Concrete batch plant and concrete casting plant may operate at any hour, Monday through Saturday; c. The hauling by truck of any product at any hour, Monday through Saturday, provided the dust is controlled. d. All sand and gravel mining, crushing and other operations, not noted previously, shall be limited to 6:00 A.M. to 6:00 P.M., Monday through Saturday; e. That the applicant will continue revegetation efforts on the north side of the Colorado River and complete that effort as soon as possible. 7. That the applicant will post a bond for road maintenance as deemed appropriate by the Board and the County Road Supervisor; 8. That upon a verified allegation of a violation of this Resolution received from the appropriate person or agency, the Board shall investigate compliance with the conditions of approval, as provided for in Section 9.01.06 of the Garfield County Zoning Resolution of 1978, as amended; 9. That the permit shall be reviewed annually for compliance with the permit's conditions of approval not to exceed 5 years at which time it will be reconsidered for reissuance based on its operation record; 10. That, prior to issuance of the authorized special use permit, a separate parcel will be created for the concrete casting plant and storage area, in accordance with the requirements of the Garfield County Subdivisions Regulations; 11.* That by September 1, 1983, all sand and gravel will be removed from the north side of the river; further that by October 1, 1983, the scales and scale house will be removed and the property revegetated. That at such time as the river conditions permit, the applicant will remove the conveyor, which shall be done no later than September 1, 1984. 12. That the applicant shall be held liable for compliance with the above conditions and any State or Federal regulations for any operation on the property. Modified by Resolution 83-278 Modified by Resolution 83-298 and 85-206 STATE OFCOLORADO (ss • County of Garfield regular At,a meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court (louse in Glenwood Springs on Monday , the• 26th day of October A. D. 19 , there weie present: Larry Velasquez , COmmIssionerChairman Flaven J. Cerise , Commissioner Eugene "Jim" D>iinkhouse Earl Rhodes • Cheryl J. Koss when the following proceedings, among others were had and done, to -wit: , Commissioner , County Attorney , Clerk of the Board RESOLUTION NO 81-331 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY Albert Frei and Sons WHEREAS, the Board of County Commissioners of Garfield County has received an application from Albert Frei and Sons for a special use permit for extraction of natural resources; specifically, an open pit sand and gravel mine and conveyor system on the following described tract of land: Part of the SE/4 NE/4, SW/4 NE/4, NE/4 SE/4, SW/4 SE/4, NW/4 SE/4, NE/4.SW/4, SE/4 SW/4, NW/4 SW/4, and SE/4 NW/4, Section 11, and part. of the NW/4 SW/4 and SW/4 NW/4, Section 12, Township 6 South, Range 92 West, 6th Principal Meridian, Garfield County, Colorado. WHEREAS, pursuant to required public notice, the Board conducted a public hearing on the.20th day of October, 1981, upon the question of whether the above described special use permit should be granted or denied,•at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said special use permit; and . WHEREAS, the Board on the basis of the evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. The proposed use is compatible with the uses existing and permitted in the district which it is to be located, provided that certain herinafter contained conditions be complied with. That neither the impact on traffic volume and safety or on utilities, or any other impact of the special use will be injurious to the established neighborhood or zone district in which the special use is to be located. NOW, THEREFORE, BE IT RESOLVED by the Commissioners of Garfield County, Colorado, that a.special use permit be and hereby is authorized permitting the use of the above described tract of land for extraction of natural resources; specifically, an open pit sand and gravel mine and conveyor system, upon the following specific conditions: 1. That the use of the tract of land comply with all present and future regulations of Garfield relating to extraction of natural resources in the zone district in which the property is now or may later be located; 2.. That, prior to the issuance of the authorized special use permit, the above described tract of land shall be severed from any other tract of land upon which there may exist a principal use, unless such other such principal use has been terminated at the time of the issuance of the special use permit. 3.. An undisturbed greenbelt of 100 feet in width should separate the pit from the river. .4. The sides and bottom of the pit should be irregular to enhance aquatic life forms: peninsulas will be created. 5.' Crushers should be located as far from the river as reasonably possible: 6.. The conveyor systems spanning the river and within the project area shall be painted an enviromentally sensitive color; and no reflective surfaces will be allowed. This color shall be approved by the County Board prior to painting the structures. 7. Frei and Sons shall remove the old Silt bridge prior to the new bridge being built and ready for use; and Frei and Sons shall include a $5,000 payment to Carfield County in payment for reclaimed materials from the bridge; and Frei and Sons shall participate in an agreement with the Road Supervisor on reclamation of the bridge materials. ATTEST: eputy Cler. of,t1 • Board BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO 0.�1 t...... Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: • Larry Velasquez Aye Flaven J. Cerise Aye Aye Eugene "Jim" Drinkhqusg STATE OF COLORADO County of Garfield Commissioners , County Clerk and ex -officio Clerk of the Board of County Commissioners In and for the County and Stare aforesaid do hereby certify that the annexed and foregoing Order Is truly copied from the Records of the Proceedings 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners. /4 1 STF.TE CF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday the 1st day of March 252 A. D. 19 , there were present: Elaven.a,....Car. a.? , Commissioner Chairman EUZUP PlzinklwAn , Commissioner J. rrY VC:LP :S1.11 n , Commissioner Earl G. I:h9des , County Attorney Leanne Cleland, Deputy Clerk of the Board when the following proceedings, among others were had and done, to -wit: ss. RESOLUTION NO. 32-59 A RESOLUTION CONCERNED WITII 191E APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY ALBERT FREI & SONS, INC. WHEREAS, the Board of County Connnissioners of Garfield County has received an application from Albert Frei & Sons, Inc. for a special use permit for temporary housing at an industrial construction site on the following described tract of land: A 2 -acre parcel situated in the SEt NE'-;, Section 11, T6S, R92W of the 6th Principal Meridian in Garfield County, Colorado. WHEREAS, pursuant to required public notice, the Board conducted a public hearing on the 22nd day of February, 1982, upon the question of whether the above described special use permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said special use permit; and WHEREAS, the Board on the basis of the evidence produced at the aforementioned hearing has made the following determinations of fact: 1. The proposed use is compatible with the uses existing and permitted in the district in which it is to be located, provided that certain hereinafter contained conditions be complied with. 2. That neither the impact on traffic volume and safety or on utilities, or any other impact of the special use will be injurious to the established neighborhood or zone district in which the special use is to be located. NOW, THEREFORE, BE IT RESOLVED by the Commissioners of Garfield County, Colorado, that a special use permit be and hereby is authorized permitting the use of the above described tract of land for temporary housing at an industrial construction site, upon the following specific conditions: 1. That the use of the tract of land comply with all present and future regulations of Garfield relating to temporary housing at an industrial construction site in the zone district in which the property is now or may later be located;. 2. That, prior to the issuance of the authorized special use permit, the above describe tract of land shall be severed from any other tract of land upon which there may exist a principal use, unless such other such principal use has been terminated at the time of the issuance of the special use permit. 3. All proposals :and presentations of the applicant shall be considered conditions of approval unless stated otherwise by the Board. 4. The permit is approved for one six-month period only. To extend that time frame, the applicant would have the option of applying for one final six-month timeframe. 5. Failure to remove the dwelling units at permit expiration will result in revocation of the permit to operate the gravel pit. 6. Frei & Sons, Inc. shall provide the Planning Department with evidence of an adequate and sanitary water supply for the six units prior to issance of the special use permit. ATTEST: De'uty Clerk of the Board BOARD OF COUNTY COHF[LSSIONERS GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vole: Flaven J. Cerise Aye Eugene Drinkhouse Aye Larry Velasquez Aye STATE OF COLORADO County of Garfield I� Commissioners 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners. REPLY TO ATTENTION OF • DEPARTMENT OF THE ARM . "E SACRAMENTO DISTRICT. CORPS OF ENGINEERS 650 CAPITOL MALL SACRAMENTO. CALIFORNIA 95814-4794 February 9, 1990 Regulatory Section (10133) Mr. Albert R. Frei Albert Frei and Sons, Incorporated 11521 Brighton Road Henderson, Colorado 80640 Dear Mr. Frei: 1 am writing to you as a follow-up to our meeting on December 8, 1989. Those in attendance included Gary Davis of the is office, Steve O'Brian of Environment, Incorporated, and yourself. This meeting was conducted on-site at the Silt Pit and summarized items which we believe are necessary in order to complete processing of your Department of the Army permit application. We adjourned the meeting with the premise that you would submit the information which we requested by the end of January. To date, we have not heard from you nor your consultant regarding the submittal of this information. We are very interested in closing this case and would like to be in a position in the very near future to make a decision on your permit application. However, we are unable to do so without the information we requested. In addition, some of this information will require supplemental coordination with the Fish and Wildlife Service regarding endangered species and wetland mitigation. I would like to summarize the information which we requested so that we insure you are aware of, and understand, what we are requiring. Please submit the following: - the revised figure for net water depletion from evaporation and industrial use at the Silt pit and detailed substantiation for this figure, - whether you intend to establish a zone of riparian vegetation along the south bank of the Colorado River. A plan should include plant species, respective plant numbers, and total vegetated area to be developed, - a nursery site for stockpiled wetland plants, LGJ 1.990 QUIYTY • • - a stockpile site for hydric soil, - whether you intend to retain islands in the manner which was discussed, - detailed drawings in plan and typical section view of the all wetland mitigation sites, including the riparian zone if you intend to propose this. Section views for the mitigation sites should illustrate the zone of fluctuation within the pit. The drawings must be black and white, on 8 1/2" X 11" paper, be dimensioned or drawn to scale, and contain a project title block and legend, if necessary, - how you intend to eliminate livestock grazing from the wetland and riparian mitigation sites, and - the anticipated length of the pit's life. You should submit this information to this office by March 1, 1990 so thatwe may proceed with re-initiation of consultation with the Fish and Wildlife Service and processing of your permit application. Should you have questions, please feel free to contact Gary Davis at telephone 243-1199. Sincerely, Grady L. McNure Chief, Regulatory Unit 4 764 Horizon Drive, Room 211 Grand Junction, Colorado 81506-8719 Copies Furnished: Mr. Steven L. O'Brian, Environment, Incorporated, 9989 West 60th Avenue, Arvada, Colorado 80004 Mr. Mark L. Bean, Garfield County Planning Department, 109 Eighth Street, Suite 303, Glenwood Springs, Colorado 81601-3303 Mr. LeRoy W. Carlson, Fish and Wildlife Service, 730 Simms Street, Suite 292, Golden, Colorado 80401 2. e • 6. F GA R F I E L D COUNTY ROAD AND BRIDGE INTER—OFFICE MEMO DATE: February 9, 1990 TO: Mark Bean FROM: King RE: Albert Frei Gravel Pits I'm attaching photographs depicting one of several instances where the Frei Gravel Pit operations ignored posted weight limits on the County road system. The truck in these photos is loaded with sand and would be in excess of interstate weight limits and is going to cross a County Bridge that is rated at 24 Ton for this size of truck. During the construction seasons of 1988, and 1989, I had numerous complaints from citizens living and traveling on County Road 311 and County Road 335. These complaints revolved around the issue of overweight trucks and heavy equipment traveling these roads between the pits and thus damaging the road surfaces. I met with representatives of the Frei pits several times to encourage them to reduce the size of their loads. It seemed that at each meeting there were excuses as to why their operations had problems with the County's limitations on the roads. The Divide Creek Bridge has since been replaced by a interstate standard structure. The County is also going to rebuild a good portion of the roads between the Colorado River at Silt, and the upper gravel pit this Spring. To subject these roads to excessive loads or even high volumes of traffic will drastically reduce the life of these improvements. I do not feel that there is the spirit of cooperation needed between Frei pits and Garfield County. I would like to encourage the Board Of County Commissioners to reinstate the road bond for this pit, thereby relieving the taxpayers of much of the burden of maintaining a road that is being impacted by this operation. 1 • TOWN of SILT • P.O. Box 174 Silt, Colorado 81652 303 876-2353 Board of Commissioners Garfield County 109 8th Street Glenwood Springs, CO 81601 Dear Board of Commissioners: February 13, 1990 At the Board of Trustees meeting held February 12, 1990 a motion was made and passed, that the Town of Silt reccomend approval of the renewal application by Albert Frei & Sons if all issues within the current permit are addressed and requirements are met. If you have any questions please contact me. Sincerely, /W44;&( Mabel Ann Fazzi 1990 FEBF Mayor GNIcrlLL1, COUNTY COMMISSIONERS 4en-e-1 d61''C./. y< 2 • �� �� �� �� TO: GARFIELD COUNTY COMMISSIONERS CONCERNING: RENEWAL OF PERMITS FOR ALBERT FREI AND SONS GRAVEL PIT AS ADJOINING NEIGHBORS TO THE ALBERT FREI GRAVEL PIT WE HAVE HAD NO PROBLEMS WITH AND NO COMPLAINTS ABOUT THE PIT. WE HAVE NEVER BEEN BOTHERED BY NOISE. AS CITIZENS OF THIS COUNTY WE FEEL THAT THE FREI PIT IS AN ASSET TO THE COMMUNITY. WE SEE NO REASON THAT THE COMMISSIONERS WOULD NOT RENEW THE PERMITS FOR THE ALBERT FREI GRAVEL PIT. 1 Y.' rFlurn 1 7 1990 COUNTY Cu��i�+►SSIONE� 61.4 Rico) CIArnold ❑ ; uteckeY Marian. 6 7_2 —3 .4u IA)-(i.ed—thz4 c� ,cx---tre-Lrot.) 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APPLICANT: Albert Frei and Sons, Inc. LOCATION: I. PROJECT DESCRIPTION A tract of land located in a portion of Section 11, T6S, R92W; more practically described as a parcel of land located approximately one (1) mile southeast of Silt off of C.R.311. A. Resolution No. 83-126 requires the review of the operation record and reconsideration for reissuance of the permit after five (5) years. Since no reconsideration of the special use permit approval has occurred since the original approval, this process has been initiated. The applicant has requested reissuance of the Special Use permits with the same conditions of approval except that the life of the permit coincide with the mining permit. The special use permits in question are the asphalt and concrete batch plants, concrete casting plant and concrete castings storage area. (See map, page 6 ) The estimated life of the mining operation in 1981 was 15 years. Presently, it is unknown how much longer mining will occur due to the indefinite sand and gravel market. B. History - In 1981, Albert Frei and Sons received approval for an open pit sand and gravel mine and conveyor system across the Colorado River, in Resolution No. 81-331. In 1983, by Resolution No. 83-126, Albert Frei and Sons received approval for an asphalt batch plant, concrete batch plant, casting plant and castings storage area, in addition to the sand/gravel operation. One of the conditions of approval restricted the hours of operation to 7:00 A.M. to 5:00 P.M., Monday through Friday. Later in 1983, by Resolution No. 83-298, the hours of operation condition was modified to allow for the hauling of sand and gravel for small private projects on Saturdays from 7:00 A.M. to 5:00 P.M. Resolution No. 85-206, further modified the hours of operation, allowing truck hauling 24 hours a day, Monday through Saturday, as well as modifying the hours of operation of other activities. (See pages Z-- // ) II> MAJOR ISSUES AND CONCERNS A. Resolution No. 83-126 contained 12 conditions of approval, some of them are no longer applicable: #2 - The applicant paid the required $5,000 in 1983, but the bridge on the south side still requires reduced speeds for heavy truck traffic. • • #4 - A site specific landscaping plan was submitted but the results of the growth over the years is not complete. #7 - In 1985, the Board of County Commissioners released the required road bond. #10- It is no longer necessary to have a separate parcel for the concrete casting plant and storage area. #11- All operations and conveyors have been removed from the north side of the river. B. In general, there have not been many complaints about the operation in the past few years. The complaints received have been due to poor control over operators of other equipment, in particular, the asphalt batch plants. Additionally, the applicant is subject to Section 404 of the Clean Water Act after -the -fact permitting and Section 401, water quality certification. This permitting has not been completed yet. The Grand Junction Corps of Engineers office has stated that the permit can be issued if the appropriate additional documentation is submitted to them. Once this is done, they feel it will be a matter of a few weeks to get the final permit from the Sacramento office. King Lloyd, County Road and Bridge supervisor, has noted that hauling from the Silt pit is limited by the bridge on the south channel of the Colorado river. While this bridge was strengthened in 1982-83, continued use of the bridge by heavy loads has caused further deterioration of the bridge. This is attributed primarily to heavy loads coming off the downgrade from the south at speeds in excess of the posted 10 MPH limit. While all of this cannot be attributed to trucks from the Silt pit, there have been problems with some of the applicant's trucks exceeding legal load limits from another gravell'further east along 311 road. He recommends that the road bond be reinstated that was voided in 1985. III. SUGGESTED FINDINGS 1. That the meeting before the County Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 2. That for the above stated and other reasons, the proposed special use is consistent with the best interests of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. IV. RECOMMENDATION APPROVAL of the reissuance of the Special Use permits for the asphalt batch plant, concrete batch plant, concrete casting plant and casting storage area, subject to the following conditions: 1. All proposals of the applicant shall be considered conditions of approval unless otherwise expressly stated below: 2. The tru _ _ c anne _ Additionally, all trucks originating out of the applicant's pit shall observe the weight limits required by law. Any citations of this sort may result in revocation of the permit. TA/,,t/ a /1 fe, /e 7/6 t-, ,lam i a76/ 11 f ' IJSL A m%7e71 I -1d r/ h7 'G! [ 1-(//,&-X-1-5. ,-/L,1 -ltsT3(//42 411 3. That prior to issuance of the subject special use permit, 41 the applicant shall obtain and submit to the Garfield 9� County Planning Department copies of its permits from all t other governmental entities with the exc t' beingthat Q the Sction 404 of the Clean Water Actht7 be subitted �he corps of Engineer's office in Grand J3nction Sub to,tel.�.sssuance of the Special Use permits/7' 796 ter /r�a��►a ran a s!�� / Th hauling shall be -Limited on County Road 311 to the section between the applicant's site and the Silt Bridge for access to the I-70 corridor and/or any site not located south of the Colorado River between Rifle and New Castle; 5. The following days and hours of operation: a. Asphalt Batch plant operation from 6:00 A.M. to 6:00 P.M., Monday through Friday; b. Concrete batch plant and concrete casting plant may operate at any hour, Monday through Saturday; c. The hauling by truck of any product at any hour, Monday through Saturday, provided the dust is controlled. d. All sand and gravel mining, crushing and other operations, not noted previously, shall be limited to 6:00 A.M. to 6:00 P.M., Monday through Saturday. e. That the applicant will continue revegetation efforts on the north side of the Colorado River and complete that effort as soon as,possible.LtO/ /40 6. That the applicant will post a bond for road maintenance �Y/1l��"%' as seemed appropriate by the Board and the County Road an/e0-5-17- Supervisor; �lCcii/iD� 7. That upon a verified allegation of a violation of this &/-0,��`"�', Resolution received from the appropriate person or Ufa agency, the Board shall investigate compliance with the 9.01.06 of the Garfield County Zoning Resolution of 1978, ego - as amended; hn lvw,( u� // Y 8. That the applicant shall be held liable for compliance r^��j` jh/-u� i/z L- ,ee 1 val a9A4' u- ,row conditions of approval,as provided for in Section with the above conditions and any lState or Federal regulations for any operation on the property. {� 71P/ 7;_J a `/ ,<�r oa 1-4rl /9.-7 0,--74764_ `,/77 4 REQUEST: Ad)/ - 3/q/97 10 floe, m BOCC 2/17/87 PROJECT INFORMATION AND STAFF COMMENTS Modification of conditions of approval contained in Resolution No. 83-126, related to the addition of a new access road. APPLICANT: Albert Frei & Sons LOCATION: A parcel of land located one (1) mile southeast of Silt on County Rd. 311. I. PROJECT DESCRIPTION A. It is proposed to add an additional access to the existing gravel extraction operation originally approved by Resolution No. 81-331 and subsequently modified by Resolution No. 83-126, No. 83-298 and No. 85-206. The proposed access point would be used as a point of ingress for a loop road with the existing access being the point of egress. This would allow truck traffic to be loaded and weighed without vehicles having to turn around or back up. The applicant has been awarded a large contract related to the Glenwood Canyon I-70 project that will require continuous hauling on a twenty-four hour basis for a part of the contract period. B. History - In 1981, Albert Frei and Sons received approval for an open pit sand and gravel mine and conveyor system across the Colorado River in Resolution No. 81-331. In 1983, by Resolution No. 83-126, Albert Frei and Sons received approval for an asphalt batch plant, concrete batch plant, casting plant and castings storage area, in addition to the sand gravel operation. One of the conditions of approval restricted the hours of operation to 7:00 A.M. to 5:00 P.M., Monday through Friday. Later in 1983, by Resolution No. 83-298, the hours of operation condition was modified to allow for the hauling of sand and gravel for small private projects on Saturdays from 7:00 A.M. to 5:00 P.M. Resolution No. 85-206, further modified the hours of operation, allowing truck haul ng 24 hours a day, Monday thru Saturday, as well as modifying the hours of operation of other activities. II. MAJOR ISSUES AND CONCERNS A. The proposed access point is located on one of the west boundaries of the applicant's property. The adjacent property has a mobile home located within approximately 25 feet of the proposed ingress road. The applicant's 24 hour hauling activity could result in a truck every 5 to 8 minutes at certain times. This type of activity would probably disturb the adjacent property owners peace and quiet, resulting in a negative impact. If the looping is necessary, the new point of access should be moved further east, to the other side of the existing feed lot, which would minimize the impacts of the truck traffic to a lesser degree. B. The Road and Bridge Department has expressed concerns about the probable damage to County Road 311 and the southern bridge across the Colorado River. The continuous hauling proposed this summer will probably result in significant deterioration of the existing road. The southern bridge across the Colorado River is posted for a 10 mph speed for trucks. If the haul trucks do not observe 3 r the posted speed limit, the bridge could sustain substantial damage. Resolution No. 83-126 required the posting of a bond to guarantee payment for road damage, should any result. Subsequently, the bond was released and no bond is in place presently. At a minimum, a new bond should be placed with the County in an amount agreeable to the Board of County Commissioners to guarantee that the road and bridge will be protected from damage. Ideally, the applicant would contribute funds and/or materials to upgrade the existing roads to accommodate the heavy truck traffic. C. The Road and Bridge Department has received complaints about truck drivers not stopping at the existing access point, causing resident traveling C.R. 311 to slow down to avoid an accident. Road and Bridge suggested improving the grade of the existing access such that it is flatter. At a minimum, truck drivers should be required to stop at the intersection. D. It should be noted, that Resolution No. 85-206 allowed for 24 hour a day hauling activity on Monday thru Saturday only. No hauling activity is allowed on Sunday. Additionally, gravel crushing is only allowed between 6:00 A.M. and 6:00 P.M., Monday thru Saturday. Any activity occurring outside of these limitations would be considered a violation of the Special Use permit and could result in revocation of the permit. III.SUGGESTED FINDINGS 1. Proper public notice was provided as required by Section 9.03.04 of the Garfield County Zoning Resolution of 1978, as amended. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That for the above stated and other reasons, the proposed special use is or is not consistent with the best interests of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. IV. RECOMMENDATION DENIAL of the proposed new access as it is presently configured. The Board could consider APPROVAL of a modification to an alternate location approximately 750 to 1000 feet east of the presently proposed access with the following conditions of approval. i. That all proposals of the applicant in their application or stated at the public hearing shall be considered as conditions of approval, unless stated otherwise by the Board of County Commissioners. 2. /Pha . b. d, or o er ac ptabl- ecurity be •lace with the my 'o guars ee a•.inst •.amage the ount road and • id•-. in a amouagr=-d to •y th Boa d of County Commissioners rior o issu•nce of he Spec al Us perm' . 3. That the plicant obtain a road access permit from the County Road and Bridge Department prior to issuance of the Special Use permit. 4. That all trucks be required to stop at the point of egress from the property, prior to accessing C.R. 311. REQUEST: • • 43w/zit I) BOCC 11/18/85 PROJECT INFORMATION AND STAFF COMMENTS Modification of conditions of approval contained in Resolution No. 83-298, related to hours of operation. APPLICANT: Albert Frei & Sons LOCATION: A parcel of land located one (1) mile southeast of Silt on County Rd. 311. I. HISTORY - In 1981, Albert Frei and Sons received approval for an open pit sand and gravel mine and conveyor system across the Colorado River in Resolution No. 81-331. in 1983, by Resolution No. 83-126, Albert Frei and Sons rece evi d approval for an asphalt batch plant, concrete batch plant, casting plant and castings storage area, in addition to the sand and gravel operation. One of the conditions of approval restricted the hours of operation to 7:00 A.M. to 5:00 P.M., Monday through Friday. Later in 1983, by Resolution 83-298, the hours of operation condition was modified to allow for the hauling of sand and gravel for small private projects on Saturdays from 7:00 A.M. to 5:00 P.M. II. STAFF COMMENTS A. The present request is to modify the hours of operation to allow operations from 6:00 A.M. to 6:00 P.M., Monday through Saturday, with the possible exception of a need to operate on a longer basis if a contract were granted requiring the supply of materials after normal hours. Operations would include all mining and processing of rock and operation of the asphalt batch plant and concrete batch plant. (See enclosed letter, pages J ,. * ) . B. To date, no written comments have been received from any neighbors. A number of verbal comments have been received that are concerned with the definition of hours of operating the concrete and asphalt batch plants. In general, there does not appear to be any major concern about the hauling operations being extended. One of the major concerns of the people speaking in opposition to the previous permit applications has been the hours of operation. This request is very vague, as to how often the operations would be extended to a 24 hour a day, seven days a week situation. III.SUGGESTED FINDINGS 1. Proper public notice was provided as required by Section 9.03.04 of the Garfield County Zoning Resolution of 1978, as amended. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That for the above stated and other reasons, the proposed special use is or is not consistent with the best interests of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. • • IV. RECOMMENDATION Approval of the following modified condition: 1. That the normal hours of operation will be limited to 6:00 A.M. to 6:00 P.M., Monday through Saturday; operations being considered the operation of the concrete and/or asphalt batch plants, concrete casting plant and hauling by truck of any product out of the applicant's property. The hauling by truck of previously processed products off of the applicant's property may be allowed on a 24 hour a day, seven (7) day a week basis; only when associated with an I-70, Glenwood Canyon project and documentation is provided to the Planning Department verifying the contract and period during which hauling would occur. APPLICANT: REQUEST: OWNER: LorATTnN ,&A/k..,/ PROJECT INFORMATION AND STAFF COMMENTS Albert Frei and Sons, Inc. Special Use Permit Albert R. Frei A oarcel of land located one mile November 18, 1985 Garfield County Commissioners RE: Request for extended operation at the Frei Pit. Dear Sirs: It seems these requests almost boil down to a dicision as to who's economic security is more important, the businessman's or the home- owner's. All of us, including Mr. Frei, bought land knowning that via zoning laws there would be certain things that could be done and not be done with that land. The homeowners bought the land for homes and to enjoy the rural atmosphere and the benefits of living near the river. Mr. Frei bought the land for business purposes; to make a profit. Please understand there is no opposition to Frei making a profit, only opposition to further sacrifice of enjoyment of our homes and to further devaluation of our property. As businessmen you understand that all businessmen face certain risks. Once he bought the land, Mr. Frei had to convince the Garfield County Commissioners and the community to allow him to do certain things with his land. After several meetings, Frei obtained what he wanted within certain bounds agreed to by the homeowners. Everybody had made some concessions; Frei could conduct his business within certain regulations and the homeowners accepted a certain level of devaluation in their property and the enjoyment of theirhomes so that their neighbor could pursue his business which in turn would benefit the larger community through increased employment, etc. That was the end of the story -- but now Frei is back wanting more. How much must a homeowner sacrifice? There has to be some limit. Doesn't the homeowner have a right to expect the zoning laws to protect, to some extent at least, the enjoyment of his home and the value of his land? Isn't that why zoning laws exist? We've been through this once, we have sacrificed enjoyment and value once, do we have to do it again? When will it end? When there is nothing left to fight for? If you grant unlimited operation there will be nothing left, if you grant extended hours and Saturdays for all phases of operation there will be very little left. However there is one point of possible compromise; extension of the haul- ing operation. Please understand that when those trucks are on the road it is dangerous for anybody else to be on the road, (Co. Rd. 311 west to the pit) especially anybody walking or riding a bike or horse. That's not always the truck driver's fault; the road is not very wide and there 111.- 1.1£1U'.J 1JJlJ L' V 1LVL L.vve Avfy A. Resolution No. 81-331 approved as a special use an open pit sand and gravel mine and conveyor system with the following conditions: i • 1. That the use of the tract of land comply with all present and future regulations of Garfield relating to extraction of natural resources in the zone district in which the property is now or may later be located; 2. That, prior to the issuance of the authorized special use permit, the above described tract of land shall be severed from any other tract of land upon which there may exist a principal use, unless such other such principal use has been terminated at the time of the issuance of the special use permit; 3. An undisturbed greenbelt of 100 feet in width should separate the pit from the river; 4. The sides and bottom of the pit should be irregular to enhance aquatic life forms; peninsulas will be created; 5. Crushers should be located as far from the river as reasonably possible; 6. The conveyor systems spanning the river and within the project area shall be painted an environmentally sensitive color; and no reflective surfaces will be allowed. This color shall be approved by the County Board prior to painting the structures. 7. Frei and Sons shall remove the old Silt bridge prior to the new bridge being built and ready for use; and Frei and Sons shall include a $5,000 payment to Garfield County in payment for reclaimed materials from the bridge; and Frei and Sons shall participate in an agreement with the Road and Bridge Supervisor on reclamation of the bridge materials. Besides the previous issue regarding the emissions of the temporary asphalt batch plant, there have been concerns with other conditions of approval: 1. The condition regarding the undisturbed greenbelt of 100 feet in width, separating the pit from the river was not met initially. It appears that some attempts have been made to resolve the problem by revegetating. Some larger shrubs and trees on the river bank on the eastern portion of the property would alleviate some of the visual detraction the westbound I-70 traffic experiences. 2. Frei and Sons removed the Silt Bridge, but there is no record of the $5,000 being paid to the County. 3. The hours of operation were not always limited to 7:00 A.M. to 5:00 P.M. Monday thru Friday. B. The applicant has made the statement that truck and automobile traffic from these plants will not cause hazards or nuisances affecting the remainder of the County. Previous staff reports have noted that the single asphalt plant will result in 75 to 150 additional vehicle trips per day. It is assumed that there could be an increase above the 75 to 150 trips per day. Additionally, there would be more heavy truck traffic with the trucks hauling concrete, asphalt and concrete forms. All of these would indicate a potential for degradation of the road surface between the site and I-70. C. It is noted that the gravel mining operation is being operated under an approved Mined Land Reclamation Board permit. The location of the proposed facilities appears to be in conflict with the stages of operation as shown within the MLRB permit application. As proposed presently, the facilities would need to be partially moved as soon as the Stage 2 process is initiated. It would seem more logical to limit the need for movement of the facilities to one time. Additionally, there is no identified location for the plants to be moved to allow for the final stage of removal. D. The concrete batch plan and asphalt batch plant can be interpreted as customary and accessory uses to a gravel pit opertion in accordance with the definition of an Industrial Operation in Section 2.02.31 (2) of the Garfield County Zoning Resolution. The casting plant and storage would be considered a separate principal use, specifically, fabrication, and is not considered customary and accessory to the gravel pit. To allow the casting plant operation will require the creation of a separate parcel through subdivision. -2- • 10 4 E. The Town of Silt has submitted a letter of objection to the proposed Special Use Permit and that Frei and Sons should be obligated to pay for a portion of a traffic study agreed upon by Corn Construction. (See letters, pages 16 & 17 ) F. Mr. and Mrs. G.E. Bernhardt object to an asphalt plant being located in the Frei gravel pit because there are existing asphalt plants in the area, the odor, truck traffic and dust resulting from trucks. (See letter, page 18 ). IV. FINDINGS 1. The application has been filed in accordance with Section 5.03 of the County Zoning Regulations. 2. Proper public notice was provided as required by Section 9.03.04 of the Garfield County Zoning Resolution of 1978, as amended. 3. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 4. That for the above stated and other reasons, the proposed special use is consistent with the best interests of the health, safety, morals, convenience, order, prosperity, and welfare of the citizens of Garfield County. V. RECOMMENDATION The Planning Commission recommended that the Board approve the Frei and Sons Special Use Permit with the following conditions: 1. All proposals of the applicant shall be considered conditions of approval, unless otherwise expressly stated below; 2. The applicant pay the previously agreed upon $5,000 to the County for the Silt Bridge demolition, prior to special use permit issuance, unless determined otherwise by the Board; 3. That prior to issuance of the subject special use permit, the applicant shall obtain and submit to the Garfield Couinty Department of Development/Planning Division copies of its permits from all other governmental and entities; 4. A site specific landscaping plan be submitted to identify how proposed facilities will be adequately screened from the I-70 corridor and adjacent less intensive uses. 5. That hauling shall be limited on County Road 311 to the section between the applicant's site and the Silt Bridge for access to the I-70 corridor and/or any site not located south of the Colorado River between Rifle and New Castle; 6. That the hours of operation will be limited to 7:00 A.M. to 5:00 P.M., Monday through Friday. 7. That the applicant will post a bond for road maintenance as deemed appropriate by the Board and the County Road Supervisor; 8. That upon an allegation by a neighbor or the Colorado Department of Health, the Board shall investigate compliance with the conditions of approval, as provided for in Section 9.01.06 of the Garfield County Zoning Resolution of 1978, as amended; 9. That the permit shall be reviewed annually for compliance with the permit's conditions of approval. 10. That, prior to issuance of the authorized Special Use Permit, a separate parcel will be created for the concrete casting plant and storage area, in accordance with the requirements of the Garfield County Subdivision Regulations. PROJECT INFORMATION AND STAFF COMENTS APPLICANT: Albert Frei and Sons, Inc. REQUEST: Special Use Permit OWNER: Albert R. Frei LOCATION: A parcel of land located one mile southeast of Silt on County Road 311. SITE DATA: WATER: SEWER: ACCESS: ZONING: ADJACENT ZONING: It is proposed that an asphalt plant, concrete batch plan, cast plant and storage for castings be built on a 7 acre site. Existing well None identified Via A/I County Road 311 North: A/I South: A/R/RD East: A/I West: A/I I. RELATIONSHIP TO THE COMPREHENSIVE PLAN: This proposals lies partially within Silt's Urban Area of Influence, and partially within District B: Subdivisions/Rural Serviceable Areas (1/2 mile to 1 mile radius) Minor Environmental Constraints. Appropriate policies are: A. Industrial development shall occur within designated areas within existing municipalities or adjacent to existing appropriate industrial areas. (Page 13, #4) B. The County shall preserve mineral deposits and aggregate resources from incroachment by development. (Page 31, #5) C. Those lands or geographic areas within the County which are considered to be of scenic value or unique to the character of the County shall be protected from negative effects caused by development. In such areas, special site design shall be required which minimizes and mitigates disturbance of natural vegetation, clearing and grading, blockage of views, and incompatibilities with the general character of the area. (Page 31, #8) II. DESCRIPTION OF THE PROPOSAL: On October 14, 1981, the Frei and Sons received approval on a Special Use Permit for a 171 acre open pit sand and gravel mine. The mined and processed product is transported across the Colorado River by conveyor to a five acre site on the north side of the river where it is loaded and moved to other areas of the county. The traffic generated by the haul trucks (approximately 75 to 150 VTD) utilizes the I-70 frontage road. The applicant requested and received approval for an asphalt batch plant to be located on the north side of the river at the existing loadout location on July 12, 1982. In their request, the applicant indicated that this site may later be moved to the south side of the river where the main excavation operations are located. The batch plan was in existence for a total of 30 days and actual operation for 15 days. During that time, there were numerous complaints about the emissions. The present application is for an asphalt plant, concrete batch plan and a casting plant with storage space, in an area of roughly 7 acres within the gravel pit. The asphalt plant will occupy approximately 1.4 acres, the concrete batch plan 0.6+ acre, and the casting plant and storage area on 5.0+ acres. III. MAJOR ISSUES AND CONCERNS A. Resolution No. 81-331 approved as a special use an open pit sand and gravel mine and conveyor system with the following conditions: 1. That the use a!' the tract of land comply411th all present and future regulations of Garfield relating to extraction of natural resources in the zone district in which the property is now or may later be located; 2. That, prior to the issuance of the authorized special use permit, the above described tract of land shall be severed from any other tract of land upon which there may exist a principal use, unless such other such principal use has been terminated at the time of the issuance of the special use permit; 3. An undisturbed greenbelt of 100 feet in width should separate the pit from the river; 4. The sides and bottom of the pit should be irregular to enhance aquatic life forms; peninsulas will be created; 5. Crushers should be located as far from the river as reasonably possible; 6. The conveyor systems spanning the river and within the project area shall be painted an environmentally sensitive color; and no reflective surfaces will be allowed. This color shall be approved by the County Board prior to painting the structures. 7. Frei and Sons shall remove the old Silt bridge prior to the new bridge being built and ready for use; and Frei and Sons shall include a $5,000 payment to Garfield County in payment for reclaimed materials from the bridge; and Frei and Sons shall participate in an agreement with the Road and Bridge Supervisor on reclamation of the bridge materials. Besides the previous issue regarding the emissions of the temporary asphalt batch plant, there have been concerns with other conditions of approval: 1. The condition regarding the undisturbed greenbelt of 100 feet in width, separating the pit from the river was not met initially. It appears that some attempts have been made to resolve the problem by revegetating. Some larger shrubs and trees on the river bank on the eastern portion of the property would alleviate some of the visual detraction the westbound I-70 traffic experiences. 2. Frei and Sons removed the Silt Bridge, but there is no record of the $5,000 being paid to the County. 3. The hours of operation were not always limited to 7:00 A.M. to 5:00 P.M. Monday thru Friday. B. The applicant states that the only water use will be by the concrete batch plat and that it will only use 2.5% of the rights owned by the operator. There is no identification of the actual amount of water to be used. C. There are no copies of the Colorado Department of Health, Air Pollution Control Division permits, as required for the operation of the asphalt plant and concrete batch plant. Nor do the State Offices have records of any applications or relocation notices. D. The applicant has made the statement that truck and automobile traffic from these plants will not cause hazards or nuisances affecting the remainder of the County. Previous staff reports have noted that the single asphalt plant will result in 75 to 150 additional vehicle trips per day. It is assumed that there could be a substantial increase above the 75 to 150 trips per day. Additionally, there would be more heavy truck traffic with the trucks hauling concrete, asphalt and concrete forms. All of these would indicate a potential for degradation of the road surface between the site and I-70. E. It is noted that the gravel mining operation is being operated under an approved Mined Land Reclamation Board permit. The location of the proposed facilities appears to be in conflict with the stages of operation as shown within the MLRB permit application. As proposed presently, the facilities would need to be partially moved as soon as the Stage 2 process is initiated. It would seem more logical to limit the need for movement of the facilities to one time. Additionally, there is no identified location for the plants to be moved to allow for the final stage of removal. (18) F. There is no Corps of Engineers 404 permit included in the packet, nor to staff's knowledge has one been obtained. In conversation with the Corp of Engineers, there is no verification of a 404 permit application or determination of need for one. They did have record of a violation in conjunction with the conveyor. G. The asphalt plant, concrete batch plant and casting plant all represent separate uses, and by zoning, would be considered separate principal uses, thus each use would require a separate lot. H. At the time of the staff report being written, there were no comments from the Town of Silt or Division of Wildlife. IV. FINDINGS 1. The application has been filed in accordance with Section 5.03 of the County Zoning Regulations. 2. Proper notice was provided and referral was made by the Board as required by law for the hearing before the Planning Commission. 3. 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 at that hearing. V. RECOMMENDATION The Planning Commission table the application until the following issues are resolved: 1. The applicant pay the previously agreed upon $5,000 to the County for the Silt Bridge, prior to special use issuance. 2. The applicant provide all Colorado Department of Health, Air Pollution Control Division permits or relocation notices. 3. The applicant submit the appropriate information to the Army Corp of Engineers for either issuance of a 404 permit or a determination that no permits are necessary. 4. A site specific landscaping plan be submitted to identify how proposed facilities will be adequately screened from the I-70 corridor and adjacent less intensive uses. (19)