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HomeMy WebLinkAbout09.0 BOCC Staff Report 05.19.1998REQUEST: BOCC 5/19/98 PROJECT INFORMATION AND STAFF COMMENTS Annual review of Resolution No. 96-48, for a Special Use Permit to allow for the permanent access to State Highway 82 for the Blue Gravel Pit APPLICANT: Western Slope Aggregates, Inc. LOCATION: Located in portions of Section 25 and 26, T7S, R88W of the 6th P.M.: more practically described as a parcel north of State Highway 82, across for the Ranch at Roaring Fork (The Blue Gravel Pit). SITE DATA: A parcel of approximately 110 acres WATER: Existing adjudicated water rights SEWER: Chemical Toilets / ISDS EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD, Ranch at Roaring Fork P/D, 0/S I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in the Resource Extraction District of the Garfield County Comprehensive Plan, Study Area I. II. DESCRIPTION OF PROPOSAL A. Site Description: The site, known as "The Blue Gravel Pit", has been operating under a Special Use Permit (81-384) since 1981. The pit is located in the southeastern portion of a working ranch operation. A vicinity map is attached on page 3 1 B. Requested Amendment: Resolution 96-48 approved an amendment to Resolution No. 81-384, to allow or the use of a direct access road onto Highway 82. (See resolution pgs. ) Staff notes that there is a scribners error in that the resolution notes a "guest house" as opposed to open pit sand and gravel mine. The applicants have provided a summary of the years activities and have noted that the most notable issue is the speed limit of 10 mph. (See enclosed pgs. r% - C Other Comments: As noted in the response by the applicant, Gary Hubbel has submitted letters noting his opinion that the applicant's have violated the conditions of approval for the Special Use permit. (See pgs. f -/8 ) Based upon verbal comments and the earlier letter, Steve Hackett, Garfield County Codes Enforcement, visited the area and submitted the enclosed memo, pg. /9' . IV. SUGGESTED FINDINGS 1. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. 2. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended and Resolution No. 96-48. 3. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION That the Board determine that the conditions of approval contained in Resolution No. 96-48, but that the applicant is still subject to a possible future hearing per Section 9.01.06 of the Garfield County Zoning Resolution of 1978, as amended. 2 / �o 496866 B-988 P-140 08/06/96 01:29P PG 1 OF 4 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO ) )ss County of Garfield ) At a rpg 1 wr meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 3rd day of June A.D. 19 96 , there were present: Marian I. Smith , Commissioner Chairman Arnold L. Mackley , Commissioner Elmer (Buckey) Arbaney , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO 96-48 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT FOR THE WESTERN SLOPE AGGREGATES. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Western Slope Aggregates to amend Resolution 81-384 on the following described tracts of land: See Attachment A (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 15th day of April 1996, and continued the hearing to the 3rd day of June 1996, upon the question of whether the above-described amendment to a 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 amended Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 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. 496866 B-988 P-141 08/06/96 01:29P PG 2 OF 4 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Amendment of the Special Use Permit be and hereby is authorized permitting the use of the above described tract of land for a guest house, upon the following specific conditions: 1. All proposals of the applicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. All truck operating shall be subject to the following: a. All trucks operating in or out of the pit shall have and maintain stock muffler systems, that are performing to original manufacturers specifications. This can be determined and verified by simple visual and auditory inspection of the truck. b. All trucks ascending or descending the haul route shall not exceed speeds of 10 mph. c. All truck descending the haul route or approaching the haul route access on SH 82 shall not use engine jake Brakes to decelerate. d. All truck drivers, independent or employed by the applicant shall be briefed as the conditions 2a. -c. above and shall agree to operate within the requirement of these stipulations. e. The applicant shall set up a series of progressive consequences for drivers that fail to comply with conditions 2a. -d.. 3. Hauling hours for the Highway 82 access will be limited to 7 a.m. to 5 p.m., Monday thru Saturday, and the access to County Road 104 will be gated before and after those hours. Additionally, no trucks will be allowed to stand idle on the highway or access road prior to the opening of the gate to the pit. 4. All other conditions of approval contained in Resolution 81-384 must be complied with by the applicant. Violation of these conditions could result in revocation of the existing SUP. 5. That the application be subject to one annual review, with public notice as required by the regulations in place at the time of the review, to determine compliance with the conditions of approval and the need for subsequent reviews would be determined at that review.. 6. The revegetation plan submitted at the hearing shall be maintained as proposed and any trees or vegetation that dies, will be replaced. 7. The hard surface of the haul road shall be maintained in a rut and dust free condition. 496866 B-988 P-142 08/06/96 01:29P PG 3 OF 4 Dated this 5th day of August ATTEST: Clerk of the Board vote: , A.D. 19 96 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman O Upon motion duly' made and seconded the foregoing Resolution was adopted by the following Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye I, , 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 Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Cdunty, at Glenwood Springs, this day of , A.D. 19 . County Clerk and ex -officio Clerk of the Board of County Commissioners (/) Western Slope Aggregate Mark Bean Garfield County Building & Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Western Slope Aggregates Resolution 96 — 48; Highway 82 Access Dear Mr. Bean, April 14, 1998 We are writing to inform you that we are due our ONE YEAR review coming up in May as per our special use permit (resolution 96-48). Please inform us as to what we need to do to meet the counties requirements in this matter. The following items are a brief summary regarding the access over the past year. This should be helpful for this review, additional information is available if needed. CONSTRUCTION — Access road was constructed during the spring of 1997. Paving was completed May 9, 1997 and the road was opened on May 12, 1997. TRAFFIC — A traffic mix consisting of tandem dump, tractor trailer, construction pickups and ranch property vehicles. As required in our permit the gates are open from 7am to 5pm. The largest volume month was August of 1997 at 58,333 ton computing to a daily average of 2,245 ton per day (26 work days) using a mix of tandems and end dumps (average 20 tons per load), this calculates to 112 trips out per day. Our maximum one day volume was 2900 ton, which computed to 145 loads out. These are both maximums for a month and single day for the year. The annual average using 15,000 trips (300,000 tons) and 280 work days is 54 trips per / day out. COMPLAINTS/CONCERNS — All but one complaint, that I am aware of, have come from one party. I will let you review those letters and address any legitimate concerns you find in them. The other letter is from the Ranch at Roaring Fork (6/20/97) regarding an accident on June 18,1997. This accident happened at 6:30 am before pit hours and Western Slope Aggregate had nothing to do with the accident. (See attached letter, response and patrol report.) RULES & REGULATIONS — The rules for the access road (attached) seem to be working. As you know there are always problems enforcing laws and rules when you deal with many people. The gate is controlled by one supervisor who has not missed a day. We have sent trucks away based on noise violation regarding their muffler systems. Traffic "waiting" for gate to open stopped once drivers understood the program. The only constant problem is going over the posted 10 m.p.h. limit. We keep working on this and it seems to be better. We will continue to enforce at the posted limit as best as we can. VEGETATION — The roadway slopes were hydroseeded after construction and most areas seem to be taking hold. Twelve of the thirteen pinion trees died in the first season. They were all replaced in December and seem to be doing fine. P.O. Box 910 • Carbondale, Colorado 81623 • (970) 963-9424 April 14, 1998 Resolution 96 —48; Highway 82 Access In conclusion, we feel we have met all the conditions of our special use permit and will continue to do so including addressing and correcting any legitimate concerns brought to our attention. Please advise us of further requirements necessary for our review. Sincerely, /-1" Sean Mello Project Manager May 7, 1997 Western Slope Aggregate Under our Special Use Permit with Garfield County, we are all required to follow the conditions listed below. All trucks operating out of Western Slope Aggregates are subject to the following: 1. All trucks operating in or out of the pit shall have and maintain stock muffler systems, that are performing to original manufacturers specifications. This can be determined and verified by simple visual and auditory inspection of the truck. 2. All trucks ascending or descending the haul route shall not exceed speeds of 10mph. 3. Ali trucks descending the haul route or approaching the haul rote access on State Highway 82 shall not use engine jake brakes to decelerate. 4. AH truck drivers, independent or employed by Western Slope Aggregates shall be briefed as the conditions 1-3 above and shall agree to operate within the requirement of these stipulations. 5. The applicant shall set up a series of progressive consequences for drivers that fail to comply with conditions 1-4. 6. Hauling hours for the Highway 82 access will be limited to 7a.m. to 5p.m, Monday thru Saturday, and the access to County Road 104 will be gated before and after those hours. Additionally, no trucks will be allowed to stand idle on the highway or access road prior to the opening of the gate to the pit. REQUIREMENTS & CONSEQUENCES Any truck driver, independent or employed by Earth Works Construction/Western Slope Aggregates are subject to the following penalties if they fail to comply with the above conditions, 1-7. 1st VIOLATION 2nd VIOLATION 3rd VIOLATION 4th VIOLATION Verbal warning, driver and company Written warning, driver and company Driver suspended, one week driver Driver to be banned for one year P.O. Box 910 • Carbondale, Colorado 81623 • (970) 963-9424 June 20, 1997 C V4Commissioners nr �W �b► 109 8th Street Glenwood Spgs, CO 81602 t RECEIVED ,1I.1N 2 5 1997 GARFIELD COUNTY COMMISSIONERS -9fr C RE: Highway 82 access tc Western Slope Aggregate Gravel Pit Sirs/Madams: When the original temporary special use permit was issued to Westem Slope Aggregates, for hauling operations, the Ranch at Roaring Fork Homeowners were willing not to oppose, although not delighted about it. There were several concerns that were expressed each year at the review. Now that Western Slope Aggregate has permanent access at this point on Highway 82 we would like to reiterate our concerns. On the morning of June 18, 1997 there was the firs: accident on Eghway 82, at the new entrance now being used by the Western Slope Aggregate Gravel Pit. This is :he main entrance to the Ranch at Roaring Fork Subdivision and :he Ranch Golf Course. No lcnger are there just cars :raveling in excess of 60 miles per hour going both ways, the truck traffic at greatly REDUCED rates of speed is very dangerous. Combined with all the cars entering and exiting the Ranch. There is gravel spilled on the highway making traffic at high rates combined with slower traffic very dangerous. We feel this accident is only one in many to come if this :.ntersection is not better taken care of by Western Slope Aggregates. The homeowners at the Ranch do not want to be vindictive to Western Slope Aggregates but want to protect :he :nvestr.:ent which :hey have made in their homes and lifestyles and protect all owners as they enter and exit the Ranch. Sincerely, Frank Hallowell vice-president 14913 Highway 82 • Carbondale, Colorado 81 623 r ar- ar Air Alr Er— Br"• I r June 27, 1997 AMI Iffir amnia Western Slope Aggregate Garfield County Commissioners 109 Eighth Street Glenwood Springs, Colorado 81601 RE: Western Slope Aggregates Highway 82 Access Dear Sirs/Madams: I am writing in response to the letter you received from the Ranch at the Roaring Fork on June 20, 1997. 1.. In regards to the accident on June 18, 1997, this accident occurred before the gravel pit was open. We do not open the access until 7:OOam in accordance with our "Special Use Permit", the accident had taken place before 7:0Oam and was on the Ranch at Roaring Fork side of the highway. This accident had nothing to do with Western Slope Aggregates or our access. (Refer to State Patrol report attached.) 2. Regarding truck traffic, the Colorado Department of Transportation approved this access to Highway 82 and required the construction of acceleration/deceleration lanes to allow the trucks safe starting and stopping distances. The highway work was designed, approved, and constructed per Colorado Department of TransportationS, requirements. 3. Regarding gravel on highway 82, occasionally there is a small amount of spillage from the trucks. We are a service/supplier oriented company and do not have total control over these minor spills. I have been in contact with Colorado Department of Transportation and they allow us to clean the highway when gravel accumulates. We clean the gravel off as needed or if there is a complaint. In conclusion, Western Slope Aggregates worked very hard with Garfield County and Colorado Department of Transportation to make sure all concerns were addressed through the approval process. We feel we have met and are maintaining the conditions of our "Special Use Permit". Sincerely, M. Sean Mello Project Manager ff -- P.O. Box 910 • Carbondale, Colorado 87623 • (970) 963-9424 B D 1 STATE OF COLORADO TRAFFIC ACCIDENT REPORT 0 AMENDED/SUPPLEMENTAL REPORT 0 UNDER $1,000 ACCIDENT DR 447 (REV 1/97) MAIL TO: Slate o1 Colorado Motor Vehicle Dms/on Traffic Records Den , CO 261-0016 SHEET 1 OF SHEETS CDOT CODE { .''., , r AGENCY CODE • rich .1 _ •, 'av, f ter . r � �i. ♦SAv" t ,• &:•:21•!• h . 1 r. *. - ,' ' ~ DATE OF ACCIDENT 0[:,--r zs -i4-1.__ CITY AGE. CY PAT- - CAU GAt4.=tcu'1- . TIME OFFICER NUMBER OFFICER NAME SIGNAT J DETAIL NUMBER KILLED 0 NUMBER INJURED 1 i LOCATION ROUTE, STREET. ROAD MILES _FEET O N 0 E 0 S 0 W OF: DATE OF REPORT O(o-t K- 97 L0 Q Opt z1 AT: giii..ica fir 244,a.)(LI-oK,c . INVESTIGATED @ SCENE ✓ TOTAL VEHICLES �7 DISTRICT NUMBER 4, PUBLIC EMPLOYEE PROPERTY PHOTOS TAKEN RAILROAD CROSSING CONST. ZONE ON BRIDGE. INCOMPLETE REPORT VEH #1 OR_ BICYCLE H PEDESTRIAN 1 PARKED VEH #2 OR_ BICYCLE 1 PEDESTRIAN #_ PARKED_ LAST NAME S }-{ RE. FIRST C.-1-<- 14A Ro� - 1-t MI 1i - LAST NAME FIRST MI LA( .5 Tt+,(‘ L STREET ADDRESS r► 4 RES. (3p9 PHONE `7 316 STREET ADDRESS //)�� aP :. C --fl L1•.)z`{ > 1/3 RES. PHONE (4174)).146-.2..{03 CITY H i L7UA) TATE ZIP Ffraj o94ga,€ BUS. ( PHONE ) A9,tr� CII $TATE IP "" 3ao�i `� CO BUS. PHONE (6(8-06.11SDRIVERS UC. NUMBER ED•77 DO e) STATE .5e--- SEX F DOg 03-16 3G re,2_,.) D VEFIS LIC. NUMBER STATE 01P- -oQ..t - 30S7 l'i SE DOB M�oS-a? -.5:37 PRIMARY VIOLATION,, 11—FU m '(tE y w ) . . Pl4C'041 5 The Se E � PRIMARY VIOLATION VIOLATION CODE ia-K-703 CITATION NUMBER I0-5 Li 5s COMMON CODE q 73 VIOLATION CODE CITATION NUMBER COMMON CODE YEARMAKE Foe V MODEL S yr _DLr• BODYTYPE YEAR S MAKE A LS5,q ) MODEL BODY TYPE Ll r UC. PL¢TE„1JOK'73 STATE __W'/ COL 1 LIC. PL�TENO.D� ��� STATE �� COL (' n VEHICLE ID NO. VEHI�/-''"'�`//l1D NO. a i9 ` Kit„ Alibi r VEHICLE OWNER LAST M-6- NAME FIRST , MI +- WI L_Li iiikdt VEHICLE OWNER LAST NAME FIRST MI Bt !-tS� f[-/)'- k, ADDRESS CITY STATE ZIP ADDRESSCITY STATE ZIP i TOWED DUE TO DAMAGE BY/TO: • TOWED DUE TO DAMAGE g..- BYTrO: '2--7r) 1 4j -t c ac.�(,) ll.) °7D S)v� e,-, 3 • 6' 1 - SLIGHT 2 - MODERATE :S . ,6 •7 : $ 3 -EXTREME 1 - SUGHT 2 - MODERATE 3 3 : • ;S •6 .7 • It 3 -EXTREME C'--, r--7 27-, 1 ie' •- •--•- .151 : 9 10 2� 1 Ii 101 i to t____1 ` I _ � 16 11 .15 14 ;IJ'� i,s . J 20 UNDERCARRIAGE 16 1 i;- I5� ,14 i13 ;12 . J 20 UNDERCARRIAGE INSURANCE C• 4 . A. EXP. DATE cS--�-4' 7 INSURANCE CO. -1 H V CE- EXP. DATE n3-4 g POLICY NO. 376,-35 Elea -46/I- POLICY NO. `1 t.3 Li. So33.Q col OWNER DAMAGED PROP. LAST NAME — FIRST MI OWNER DAMAGED PROP. LAST NAME FIRST MI ADDRESS CITY STATE ZIP ADDRESS CITY STATE ZIP VEH# POS. RESTR. EJECT. PROT gEV AGE SEX NAME/ADDRESS Z 1 F ceqMc 4s )ZtL�� a,/• 1 1 2, Z , M Aiiti1 E / -S -biz tz - #•,2 DESCRIBE ACCIDENT ✓EN��t-C 4tI was q rrCrt P &toss hoc o fa T&xi4)D, FRDo 9ZA4)Caf ,9T ifte, ,� _ Pigg• - -tJ ►+C -.a.2 1T -LAI As sr�e✓c�_-- �P�l+�s SDG" . B`l-cjA�"r&s✓.�D _. vGwi e4—r . g-2 .• oor, - -VCJ'i -i 65 S'P✓ti) /1 5Top ,.J T? -c e4r4.--;)7.46J C4CcS504, . t 10' &&4)S MEDIina 1L' 1Z 2' 12' P•6.1. Coco s2 W 18 y5' Coco 82 C/B STpp gRxICA qtr ROaR 1.04 Fo,e1c • June 20, 1997 vow" fed County Corrmissicners 109 8th Street Glenwood Spgs, CO 81602 t RECEIVED JUN 2 5 1997 GARFIELD COUNTY COMMISSIONERS cc/ 0. /1./� C RE: Highway 82 access to Western Slope Aggregate Gravel Pit Sirs/Madams: When the original temporary special use permit was issued to Western Slope Aggregates, for hauling operations, the Ranch at Roaring Fork Homeowners were willing not to oppose, although not delighted about it. There were several concerns that were expressed each year at the review. Now that Western Slope Aggregate has permanent access at this point on Highway 82 we would hike to reiterate our concerns. On the morning of:iine 18, 1997 there was the firs: accident on Highway 82, at the new entrance now being used by the Western SIope Aggregate Gravel Pit. This is the main entrance to the Ranch at Roaring Fork Subdivision and :he Ranch Golf Course. No longer are there just cars traveling in excess of 60 miles per hour going both ways, the truck traffic at greatly REDUCED rates of speed is very dangerous. Combined with all the cars entering and exiting the Ranch. There is gravel spilled on the highway making traffic at high rates combined with slower traffic very dangerous. We feel this accident is only one in many to come if this intersection is not better taken care of by Western Slope Aggregates. The homeowners at the Ranch do not want to be vindictive to Western SIope Aggregates but want to protect :he :nvestrrent which they have made in their homes and lifestyles and protect all owners as they enter and exit the Ranch. Sincerely, Frank Hallowell vice-president 14913 Highway 82 • Carbondale. Colorado 81 623 Gary Hubbell 38 Stagecoach Circle Carbondale, CO 81623 October 23, 1997 Mark Bean Garfield County Planner 109 8th Street Glenwood Springs, CO 81601 Dear Mr. Bean: 7)773 Eo, DCT 2.7 19W, A.-t---:ELL.-3 COUNTY After enduring the "Summer of Dump Trucks," I am writing to tell you how it was. In short, it was awful. After the Garfield County Commissioners illegally granted the special use permittee, Earthworks Construction, to access Highway 82 across from the Ranch at Roaring Fork, we were told in public meetings to "just get used to" the excess noise, dust, glare, smoke and vibration caused by up to 300 dump trucks a day. I have not "gotten used to it." The dump trucks on the access road to the Blue Gravel Pit are significantly noisier than the traffic on Highway 82, which was already at or near state maximum noise levels. The stench of diesel fumes often pervades our living environment It is common to see dump trucks belching large plumes of smoke. The noise is almost constant: grinding, whining, roaring truck noise that has significantly deteriorated our quality of life. The vibration from constantly moving heavy equipment is penetrating in our home environment. In fact, I can hear trucks grinding down the road even when I'm in the shower! Congratulations, Garfield County, this citizen and taxpayer thanks you for the shower music! In addition to the violations of the Special Use Code that were "permitted" by Garfield County, there are other violations occurring on an almost daily basis that were specifically excluded from the permittee's operations: 1. The trucks decelerating from Highway 82 often use their jake brakes, in violation of the permit. 2. It is a common occurrence to see trucks idling in front of the gate to the gravel pit in advance of the opening of the pit (I have photos to prove this.) At one time this summer, I photographed 5 trucks waiting in front of the pit. 3. Truckers are careless when accessing the highway. My wife and children were almost involved in a collision involving a dump truck crossing into highway traffic. 4. Truckers are careless about their loads. Spilled gravel is a common sight on the highway right-of-way at the gravel pit entrance, no doubt costing county taxpayers thousands of dollars in broken windshields. 5. Speeding is a common occurrence on the access road. One can judge a truck moving ten miles an hour to be about as fast as a man can run comfortably, yet most of the trucks on the road are moving, in my estimation, much, much faster— about 25-30 miles an hour. The Casey's Concrete trucks are the worst offenders. 6. Passenger cars regularly access the road to subdivisions above. 7. Hours of the pit have not been observed. On July 25 this summer, there were five trucks, most of them from Harry's Heavy Haulers, on the road at 6:25 a.m. I suggest that the special use permit be reviewed in the next three months with an independent noise and traffic study, to be conducted by an independent contractor to be chosen by the Ranch at Roaring Fork. The study will be conducted at the bidding of the Ranch at Roaring Fork without notice to the permittee, with all costs to be paid by the permittee. That seems to be the only fair way to evaluate the illegal noise produced by the dump trucks accessing the Blue Gravel Pit. Sincerel Gary Hubb Gary Hubbell 38 Stagecoach Circle Carbondale, CO 81623 April 13. 1998 Garfield County Commissioners 109 86 Street Glenwood Springs, CO 81601 Dear Commissioners: f APR 1 4 1998 GIARF16LD OUu 4TY I am writing to inform you of the continually intolerable situation with the access road to the Blue Gravel Pit. It is my opinion that the continued use of this road is a violation of the Special Use Permit granted by Garfield County. As I recall, a Special Use Permittee "cannot negatively impact a surrounding neighborhood with excess noise, dust, smoke, glare or vibration." according to Garfield County codes. As a nearby neighbor to the road, I can testify that it violates all five of those conditions. I can hear dump trucks rumbling down the road even when I'm in the shower, and feel the vibrations of trucks from my work studio. The noise of the machinery is clearly louder than the underlying traffic noise from Highway 82, and is inherently more disturbing. In addition, it seems that the truck drivers' favored method of decelerating is to use their jake brakes, which I hear at least twenty times a day when I'm home. From my perspective, it seems that the drivers are speeding well beyond the established 15 MPH speed limit on the access road, and one frequently sees passenger cars and commuter vehicles on the road that seem to have no legal right to use it, establishing a dangerous precedent of access. Gravel spills have accumulated on the acceleration lanes of Highway 82, creating a dangerous condition of cars skidding on loose gravel if forced to brake quickly, and broken windshields from loose stones. Diesel fumes find their way to our neighborhood. and let it be known that diesel smoke has just been classified a carcinogenic substance by the EPA. As well, in February the employees up at the pit have held their semi-annual bonfire, casting a thick column of smoke over the midvalley, visible from miles around. Was there a burn permit issued for this fire? All in all, the Blue Gravel Pit and Western Slope Aggregates have made poor neighbors. An industrial use so close to a residential neighborhood is clearly inappropriate, it has negatively impacted our quality of life in this neighborhood, and it seems to me that this experiment has gone on long enough. I am simply writing to document my concerns for any future actions that may become necessary. Sincerel , Gary Hubbe ?Like( Cc Garfield County Planning staff 3-17-97 Memo To: Mr. Mark Bean From: Steve Hackett Subject: Road Construction Noise, Co. State Highway 82 @ Ranch on the Roaring Fork. Between 2:45 PM and 3:25 PM today I investigated construction noise at the above location. I observed one small road grading tractor working on what appears to be a private road about 50 yards to the East of and paralleling Highway 82. It seemed that the tractor was in the final stages of finish grading on the gravel road. I listened for noise at approximately half way, address 0275 on the Ranch Road in the vicinity of the Condominium Residences, for about fifteen minutes. I also listened for noise at the end of the Ranch Road cul-de-sac at address 0477 in the vicinity of Single Family Homes, for another fifteen minutes. I could not detect any noise from the tractor, or any other construction noise during my presence there. I also talked to the resident at 0289 and asked him about his awareness of construction noise in the recent past. He reported that he was not aware of it.