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HomeMy WebLinkAbout10.0 BOCC Staff Report 09.20.1999REQUEST: �o,.. oed rn eJCP' /' y L ett 9 re ' `% application for compliance with the conditions of approval. At that meeting, the Board found the applicants to be in compliance with the conditions of approval, but noted a few concerns. Additional Chinese elms or similar trees were identified as being needed on the upper hillside. Better enforcement of the trucks exceeding the 10 mph speed limit was also Iden ified. That dust retardant needs to be applied to the upper road. (See minutes pgs. ` e ) The Board set another hearing date for 9/20/99, to review the compliance issues again. III. MAJOR ISSUES AND CONCERNS 1. Enclosed is a letter from the Ranch at Roaring Fork Home Owners Association, citing violations of the conditions of approval. (See pgs. 9 / O ) The primary issue is the speeding of trucks up and down the haul road and a lack of enforcement on the part of the applicants. They also note a concern about the use of the haul road by Casey Concrete trucks. There is a memo to the record in the file regarding a complaint lodged by Gary Hubbel, citing a truck using its jake brakes to maintain speed on the road. (See pg. `( ) 2. Staff notes that Casey Concrete was approved to use an area adjacent to the gravel pit to batch concrete. The original permit required Casey to enter into a maintenance agreement with the County to maintain CR 103 and to comply with all conditions of approval contained in Resolution No. 81-384. The condition tied to CR 103 maintenance was based upon the fact the Western Slope had to use CR 103 as the primary access to the gravel pit and the concrete trucks would be adding to the damage. Casey Concrete was allowed to discontinue the use of CR 103, if they could demonstrate that the agreed upon maintenance had been maintained and the road met the standards agreed upon at the time of discontinuance. The Casey permit was tied to the access allowed in Resolution No. 81-384 and the subsequent amendment to the access issue approved in Resolution No. 96-48. By completing their obligations, Casey was eligible to use the new haul road. There is no specific traffic limitation included in any of the resolutions controlling the use of the gravel pit or the haul road. Q/ ,dam �-- 6e)a-t7' a-b,La--/, /66., _ ,--are_r-6/ v./it-AE/4/4, zez- S- c7 1r 7z!, 249,0/J( xesoz,ujzad7,eiwi 71-'e L Zia i/ ,z` sem% ,vv i to 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 rPgn 1 ar 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 clay 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 1T 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 bedetermined 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: :0 , A.D. 19 96 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman 1.\(:\ Upon motion duly made and seconded the foregoing Resolution was adopted by the following Marian r. Smith Arnold L. Mackley Elmer (Buckey) Arbaney STATE OF COLORADO ) )ss County of Garfield ) , Aye ,Aye , Aye 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 there is an easel given to each axle load and the overweight loads go completely off the e. He said it is like a multiplier of four and at that time the life of that road is all calculated. uring the course of the well, the distance traveled on that road from point A to point B will all 4 be calculated into a factor and at the time a well is permitted, that is when we hope the fee will be 25 collected. Commissioner McCown mentioned three additional factors: 1) has to be defensible 326 on the part of the County; 2) the industry has to buy into it; they have to see that it will benefit 1327 their operations and productions by not having to shut loads down during the frost laws and 3) 1328 something that is not so expensive that it drives their production cost up to drive them out of the 1329 market. 1330 1331 1332 A motion was made by Commissioner Martin and seconded by Commissioner McCown to close 1333 the public hearing; carried. 1334 1335 Resolution -Consider Increasing Property Taxes for Capital Expenditures 1336 1338 A motion was made by Commissioner McCown and seconded by Commissioner Martin to authorize the Chair to sign a Resolution retaining excess revenues pursuant to the provisions of 1338 Section 29-1-301 (1, 2) C. R. S. as amended; carried. 1339 1340 1341 Work Session with the City of Glenwood Springs 1342 Tuesday - November 24 with City - Work Session 9:00 A.M. 1343 1344 Coastal Corporation - Oil and Gas Assets 1345 Chairman Smith mentioned a request from Coastal Corporation to have an informal get together 1347 1347 and asked Mildred to set up a time on a regular meeting. 1348 �� 1Ci 2 1349 PUBLIC HEARING: WESTERN SLOPE AGGREGATE TO REVIEW A SPECIAL USE PERMIT FOR 1350 NATURAL RESOURCE EXTRACTION AND ACCESS ROAD 1351 Mark Bean, Don DeFord, Dee and Jean Blue; Sean Mello; and Bill Roberts were present. 1352 Mark said this is another hearing regarding the May 19, 1998 hearing and Casey Concrete using 1353 the Hwy. 82 access road. 1354 1355 Don determined that adequate notification and publication was in order and advised the Board they were entitled to proceed. 1356 Chairman Smith swore in the speakers. 1357 Mark submitted the following Exhibits into the record: Exhibits A - Proof of Publication; 1358 1359 Exhibit B - Returned Receipts; Exhibit C - a letter from Western Slope Aggregates noted they 1360 applied mag chloride and Casey Concrete stopped using the road in question on May 19, 1997; and Exhibit D - a letter from Gary Hubbel. 1361 1362 Chairman Smith admitted Exhibits A - D - into the record. 1363 Bill Roberts mentioned the trees were dying and they added 6 new trees and so far they are 1364 living; other than that they are policing their own roadway and keep talking to the various 1365 customers coming in and out of the quarry. 1366 Sean stated he had received a copy of the letter from Mark Bean. 1367 1368 Comments: 1369 1370 Dr. Michael Gerber - Ranch at Roaring Fork - Chairman and representative of the homeowners stated they wanted to re -state their opposition to Western Slope Aggregates on the gravel road 1371 and asked the Board of County Commissioners to reconsider the impact of 104 taxpayers in the 1372 Ranch at Roaring Fork. He mentioned the noise, home values and impacts the tax values which 1373 directly affect the County. They respectfully request the permit be denied at two specific points: 1374 1) the permit holder has not implemented the re -vegetation provisions that were clearly stated in 1375 the original proposal (trees were required to be transplanted along the scarred hillside according 1376 to the landscaping plan and the draft minutes of May 19, 1998 states in number 6 that the 1377 revegetation plan submitted at the hearing shall be maintained as proposed and any trees that die 1378 will be replaced. Their have been modest attempts to re -plant the trees and the last attempt was 1379 1380 less than 2 weeks ago. Dr. Gerber said he personally reviewed the landscaping plan and there 1, lot rai ina rac tl 11, to iat :er de. /al tl- t' ret :an ffa tir in F tl He ern th 381 were more than 6 trees slated to be planted and this has not occurred. Moreover the landscaping 1382 plan is inadequate to mitigate the noise and visual impacts their community faces; and 2) they 1383 had opportunity to review the noise impact assessment report of May 31, 1996 sent to Mr. Mello 1384 and upon review they find that it was problematic from the standpoint that the survey was done 1385 under conditions not that are not relevant to the current situation specifically it was predicated on 1386 24 trucks at 10 mpr. The conditions of the study were such that the road was not completed -- it 1387 was a dirt road. The large boulders were not yet replaced. Most importantly is the conditions for 1388 the study were various trucks from WSA were driven up and down the proposed road and their 1389 noise decibel level was recorded in the context with the background noise from Hwy. 82. They 1390 feel this does not emulate real life conditions because at any given time more than one truck is 1391 using that road at a level that transmits the level of noise throughout the community. The noise 1392 assessment was not in keeping with the what's going on now with the large number of trucks 1393 transiting that road at any given time. And the fact that the recordings were taken at ground level 1394 on Surrey Street and also at 150 feet into the Ranch proper. This does not take into account the 1395 sound off that hillside and with the large boulders placed act like reflectors forcing the sound into 1396 their community. Therefore, they feel that a second sound study should be undertaken to see if 1397 this truck traffic is in compliance with the noise levels. Finally, the Ranch has been a community 1398 for over two decades; pre -dated the gravel pit; and predates the road built in their back yard. 1399 These impact the community adversely. A single company should not adversely impact this 1400 community. There are other options available to provide for a gainful living but not at the 1401 expense of the Ranch at Roaring Fork. Dr. Gerber asked the Board to consider this when they 1402 vote. 1403 Chairman Smith inquired as to the number of trees . 1404 Sean mentioned there were 13 trees planted and the original landscaping plan showed some trees 1405 planted at the top of the road however, the slope is too steep. He added that the plan called for 1406 native and original type trees. These trees are very difficult to transplant and live. He added they 1407 planted more down below but none at the top. 1408 The Board determined the number of truck trips, the number of trees planted, and various 1409 questions regarding the permitting conditions. 1410 Mark read into record the conditions of approval from the Resolution of approval for the Special 1411 Use Permit that referred to the trucks. 1412 Chairman Smith noted that there was no time limit on the re -vegetation and she noted that there 1413 was only one complaint. 1414 Dr. Gerber gave the history as to how this permit has evolved and if the Commissioners base 1415 their decision on formal written complaints then he can get these stated in writing. 1416 Frank Holloway - Stagecoach Drive also spoke and objected to the noise and visual impacts. He 1417 asked in lieu of the trees if a fence or barricade could be implemented. 1418 Bill Roberts - mentioned that C -DOT would be the one to mitigate the noise of Hwy. 82 with a 1419 sound barrier. 1420 Mark Bean explained how the States regulations are based on the background noise. 1421 Chairman Smith - mentioned that the Board granted this permit with the noise studies and 1422 Western Slope Aggregates was operating within the standards -- it is not an illegal operation. 1423 As to the Vegetation Plan -- Exhibit V in the original application, Sean noted that if seedlings 1424 could be used they would take root and probably live. They have transplanted 28 trees already. 1425 1426 Dee Blue - mentioned that pinions are hard to transplant and suggested Chinese Elms as they do 1427 grow beautiful. 1428 Chairman Smith also mentioned for Sean to check into Russian Olive. 1429 1430 Dr. Gerber said it is not the issue of re -vegetation; how can their community be impacted so 1431 harshly with this gravel pit? -- it doesn't make logic sense. 1432 A statement was made that the Pit has been in operation since 1981. 1433 A motion was made to close the public hearing by Commissioner Martin and seconded by 1434 Commissioner McCown; carried. 1435 Additional Review - Date Set 1436 Mark mentioned this was to be an annual review however in May the Board requested this be 143 8 reviewed once again to see if some of the issues were resolved. 1438 1439 1440 00 Io 1 The Board commented on the noise for Western Slope Aggregates to try Chinese Elms on the 1442 upper level to see if this helps with the mitigation; and to use samplings and make an attempt to 1443 re -vegetate the upper level of the road where the sound appears to be coming from. They also 1444 added to keep a progressive enforcement on the speeding. 1445 1446 Bill Roberts mentioned he did not want letters flowing in from the Ranch at Roaring Fork that 1447 are really immaterial. They have done everything they can to mitigate these problems and will 1448 continue to do so. In terms of where that goes they are looking for help too and perhaps the 1449 Ranch could check with the highway department as well to see if a sound barrier could be placed 1450 there. 1451 Commissioner Martin mentioned that Bill Roberts has a good operation. There are some items 1452 this Board needs but we also need to find peace in the neighborhood. He recommended another 1453 review. He also suggested seeking the help of the highway department as well as for Bill to plant 1454 vegetation around the boulders. 1455 1456 Chairman Smith agreed that more planting is necessary to diffuse some of the noise and that the 1457 highway does need to be involved as well. Sound is carried in the narrow valley. She also stated 1458 the Board should have given Western Slope Aggregates more options on planting. She stated 1459 that Bill has tried to work with the Ranch at Roaring Fork all during this process. 1460 1461 A motion was made by Commissioner Martin to continue the Special Use Permit; Commissioner 1462 McCown seconded. 1463 Another scheduled public hearing for review was set for September 20, 1999 at 2:00 P.M. 1464 Motion carried. 1465 PUBLIC HEARING: SPECIAL USE PERMIT FOR PLACEMENT OF A DWELLING UNIT IN THE 1466 FLOODWAY, SHOTGUN AVENUE, RIFLE, COLORADO APPLICANT: GRETCHEN BECKER ON 1467 BEHALF OF REBEKAH A. GONZALES AND CUAY J. JENSON 1468 Don DeFord, John Barbee and Gretchen Becker were present. 1469 Don determined that notification and publication were in order and advised the Board they were 1470 entitled to proceed. 1471 Chairman Smith swore in the speakers. 1472 John Barbee presented the following Exhibits for the record: Exhibit A - Proof of Publication; 1473 Exhibit B - Returned Receipts; Exhibit C - Project Report and Staff Comments. 1474 Chairman Smith admitted Exhibits A & B into the record. 1475 John said this is a special use permit for placement of a dwelling unit in a floodplain on property 1476 located within the Rifle Village South Subdivision, Lot 6, Block 7 on Shotgun Avenue, Rifle. 1477 1478 Recommendation: 1479 Staff recommends APPROVAL with the following conditions of approval: 1480 1. That all representations of the applicant, either within the application or stated at the 1481 hearing before the Board of County Commissioners, shall be considered conditions of 1482 approval. 1483 2. The Special Use Permit shall be issued when all conditions are met, and shall expire 180 1484 days after issuance unless the structure has been constructed. Extensions can be granted 1485 by the Board of County Commissioners. 1486 3. The lowest floor of any habitable portion of any proposed structures are to be constructed 1487 one (1) foot above the maximum water surface elevation of the 100 -year flood event. 1488 Prior to final inspection, the applicant will submit a finished elevation certificate signed 1489 by a licensed surveyor, to ensure that all corners of the foundation are at least one (1) foot 1490 above the 100 -year flood event. 1491 4. That all construction will also be consistent with the recommendations of I-l.P. 1492 Geotechnical Engineering Inc., noted in their February 13, 1998 report. That the engineer 1493 verify that all excavation and foundation bearing strata were observed and that no 1494 changes were necessary prior to the foundation being poured. 1495 Chairman Smith stressed that the applicant make sure the foundation was in accordance with the 1496 recommended engineering foundation. Condition No. 4 is very important in that area. The 1497 engineer's stamp on the line that everything is it done as should be because that's to your benefit. 1498 1499 1500 ZO-d September 13, 1999 Mark Bean Building & Planning Director Planning Department 109 Eight Street #303 Glenwood Springs, CO 81601 via Fax and Certified Mail Re: Public Hearing Special Use Permit Review — Western Slope Aggregates, Inc. September 20, 1999 @ 2:00 p.m. Dear Mr. Bean: The purpose of this Ietter is to state that we, the Ranch at Roaring Fork Homeowners Association, believe the applicants have not complied with the conditions of approval for said Special Use Permit (SUP) contained in Resolution No. 96-48. Further, we urge the Commissioners to revoke the SUP as the applicants have habitually violated the conditions of approval stipulated in the Resolution. The specific evidence of the repeated non-compliance includes the following: Ilssue N1 Resolution No. 96-48 states that 'All trucks operating shall be subject to the following:' 2b. 'All truck ascending or descending the haul route shall not exceed speeds of 10 mph.' The applicants have repeatedly violated this specific condition. The vast majority of truck drivers routinely exceed the posted speed limit of 10 mph. 2d. 'All truck drivers, independent or employed by the applicant, shall be briefed as (to) the conditions 2a. -c. above and shall agree to operate within the requirement of these stipulations.' 2e. 'The applicant shall set up a series of progressive consequences for drivers that fail to comply with conditions 2a. -d.' 14913 Highway 82 • Carbondale. Colorado 81623 • (303) 963-3500 -9- 2t,Z6 296 0L6 >I>ielOd • ON I i1HOd ' e " HONizla 14d 2:T� 66-b T -d3S September 14, 1999 Page 2 As evidenced by the perpetual speeding by truck drivers using the road, the applicants have not complied with the conditions stated above. At the previous Hearing on November 16, 1998, Mr, Bill Roberts stated that `...they (the applicants) are policing their own roadway and keep talking to the various customers coming in and out of the quarry.' (ref. lines 1363-1365). It is obvious, based on the continued speeding by truck drivers using the road, that the applicants are not, and apparently have no intention of, policing their roadway. Therefore the applicants are in violation of Resolution No. 96-48. In addition this speeding poses a significant safety issue. We respectfully submit to the Commissioners that these habitual speeding violations, and the notable lack of enforcement by the applicants as required in 2d and 2e, are grounds for revocation of the Special Use Permit. Issue #2 The SUP was issued for the sole commercial use of Western Slope Aggregates, Inc. to utilize the road. It has been brought to our attention that Casey Concrete was recently permitted to utilize the road as well. It is our understanding that no other commercial truck traffic was permitted, and any residential automobile traffic was restricted to a small number of residents that previously used the road for ranching activities. The evidence clearly indicates that other trucks and many passenger automobiles are using the road to access SH 82. It is our belief that the applicants have made no material attempts to restrict the roadway to those vehicles specified in the Special Use Permit. Moreover, this unauthorized traffic uniformly travels at speeds significantly exceeding the stipulated 10 mph. We believe this is another habitual violation and is grounds for revocation of the SUP. The Ranch at Roaring Fork Homeowners Association respectfully requests that the Commissioners address that the applicants have not complied with the conditions of approval contained in Resolution No. 96-48. Sincerely, Board of Directors, Ranch at Roaring Fork Homeowners Association ce-d 2tZ6 296 OL6 >1>121Od'ONI21tiO21'@-HONti21 Wd LS: TO 66-bt-.-i1S TO: RECORD FROM: MARK BEAN DATE: 7/26/99 RE: COMPLAINT ABOUT WESTERN SLOPE AGGREGATE MEMORANDUM Gary Hubbel called to state that at 9:26 a.m., a red truck with black dump came down the Blue Gravel pit road with the jake brakes on the whole way. Mr. Hubbel, asked that this be placed in the file as a violation of the conditions of approval. 09/17/1999 10:50 9709632412 701.21rair AV - mw EARTHWORKS f September 17, 1999Amiirsr— Western Slope Aggregate Mark Bean Garfield County Planning 109 Eighth Street Glenwood Springs, Colorado 81601 RE: Western Slope Aggregates Special Use Permit Review Dear Mr. Bean, PAGE 02 This letter is in response to the staff comments for the September 20, 1999 commissioner meeting. As we have discussed in previous meetings, we are a retail business with many customers. We continue to enforce the "Road Rules" whenever a violation is observed or relayed to us. Attached is a copy of the truck regulations regarding the road. These rules have been in place �'�'�n the place . 4l\. LUdLL use was started. Verbal violation has been given to Welch Excavation regarding Gary Hubbel's complaint on July 26, 1999 as soon as we were notified. Western Slope Utilities of Breckenridge was notified that a driver could no longer come into the pit due to his speeding and jake brake usage. Condon construction was notified that a truck had a loud muffler and needed to be repaired. Pifco Construction has been notified regarding speeding violations. Any of these companies can be contacted to verify these notices. In August of 1999 a passenger car was found using the road and speeding excessively. Upon investigation this person, Ami Tardiff a Blue Ranch resident was notified not to use the road anymore if she was going to speed. I met with Frank and Mike of the Ranch at Roaring Fork after our last review. Frank showed the upper portion of the road being a problem, Twenty five (25) Russian Olive trees were planted on the upper portion of the road in response to our last review, and an irrigation system was installed to maintain new trees and re -vegetation effort. We continue to do everything in our power to enforce and comply with the conditions of our permit. We feel we have complied and will continue to comply with these conditions and request this be the last public review required. Sincerely, /11 William M. Roberts President P.Q. Box 910 • Carbondale, Colorado 87623 • (970) 963-9424 07/11/177':; 1U:Oi yrhyb�L41L EARTHWORKS PAGE 03 Just a Reminder April 1999 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 & maintain stock Muffler systems, that are performing to original manufacturers specifications. This can be determined & verified by simple visual & auditory inspections of the truck. 2. All trucks ascending or descending the haul route shall not exceed speeds of l Omph. 3. All trucks descending the haul route or approaching the haul route access on State Highway 82 shall not use engine jake brakes to decelerate. 4. All truck drivers, independent or employed by western Slope aggregates shall be briefed as to the conditions 1-3 above & shall agree to operate within the requirements of these stipulations. 5. The applicant shall set up a series of progressive consequences or drivers that fail to comply with conditions 1-4. 6. Hauling hours for the State Highway 82 access will be limited to 7:OOam to S:00pm, Monday through Saturday, & the access to County Road 104 will be gated before & after these 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 Earthworks Construction/Western Slope Aggregates are subject to the following penalties if they fail to comply with the above conditions. 1' Violation 21 Violation 3'd Violation 4th Violation Verbal warning, driver & company Written warning, driver & company Driver suspended for one week Driver to be banned for one year Please make sure your drivers receive a copy of this notice. Than you for your cooperation fr continued support of Western Slope A99regate P.O. Box 910 • Carbondale, Colorado 81623 • (970) 963-9424 CAT ROARING FORK September 13, 1999 Mark Bean Building & Planning Director Planning Department 109 Eight Street #303 Glenwood Springs, CO 81601 via Fax and Certified Mail Re: Public Hearing Special Use Permit Review — Western Slope Aggregates, Inc. September 20, 1999 @ 2:00 p.m. Dear Mr. Bean: The purpose of this letter is to state that we, the Ranch at Roaring Fork Homeowners Association, believe the applicants have not complied with the conditions of approval for said Special Use Permit (SUP) contained in Resolution No. 96-48. Further, we urge the Commissioners to revoke the SUP as the applicants have habitually violated the conditions of approval stipulated in the Resolution. The specific evidence of the repeated non-compliance includes the following: Issue #1 Resolution No. 96-48 states that `All trucks operating shall be subject to the following:' 2b. 'All truck ascending or descending the haul route shall not exceed speeds of 10 mph.' The applicants have repeatedly violated this specific condition. The vast majority of truck drivers routinely exceed the posted speed limit of 10 mph. 2d. 'All truck drivers, independent or employed by the applicant, shall be briefed as (to) the conditions 2a. -c. above and shall agree to operate within the requirement of these stipulations.' 2e. 'The applicant shall set up a series of progressive consequences for drivers that fail to comply with conditions 2a. -d.' 14913 Highway 82 • Carbondale, Colorado 81623 • (303) 963-3500 RECENYEG SEP 1 5 1999 September 14, 1999 Page 2 As evidenced by the perpetual speeding by truck drivers using the road, the applicants have not complied with the conditions stated above. At the previous Hearing on November 16, 1998, Mr. Bill Roberts stated that `...they (the applicants) are policing their own roadway and keep talking to the various customers coming in and out of the quarry.' (ref. lines1363-1365). It is obvious, based on the continued speeding by truck drivers using the road, that the applicants are not, and apparently have no intention of, policing their roadway. Therefore the applicants are in violation of Resolution No. 96-48. In addition this speeding poses a significant safety issue. We respectfully submit to the Commissioners that these habitual speeding violations, and the notable lack of enforcement by the applicants as required in 2d and 2e, are grounds for revocation of the Special Use Permit. Issue #2 The SUP was issued for the sole commercial use of Western Slope Aggregates, Inc. to utilize the road. It has been brought to our attention that Casey Concrete was recently permitted to utilize the road as well. It is our understanding that no other commercial truck traffic was permitted, and any residential automobile traffic was restricted to a small number of residents that previously used the road for ranching activities. The evidence clearly indicates that other trucks and many passenger automobiles are using the road to access SH 82. It is our belief that the applicants have made no material attempts to restrict the roadway to those vehicles specified in the Special Use Permit. Moreover, this unauthorized traffic uniformly travels at speeds significantly exceeding the stipulated 10 mph. We believe this is another habitual violation and is grounds for revocation of the SUP. The Ranch at Roaring Fork Homeowners Association respectfully requests that the Commissioners address that the applicants have not complied with the conditions of approval contained in Resolution No. 96-48. Sincerely, Board of Directors, Ranch at Roaring Fork Homeowners Association February 4, 1997 GARY HUBBELL WRITING AND PHOTOGRAPHY 0038 Stagecoach Circle • Carbondale, Colorado 81623 • (303) 963-0696 King Lloyd Garfield County Road and Bridge Department 1015 School Street Glenwood Springs, CO 81601 Dear Mr, Lloyd While attending the Garfield County Planning and Zoning meetings regarding the proposed Blue Gravel Pit access to Highway 82, it was apparent that your letter supporting the shortcut route to Highway 82 was a major factor in the approval of the new road. As I recall, your letter dealt primarily with the economic considerations of rebuilding CR103 to sustain the heavy truck traffic that it now carries, and how it would be rnuch easier for the county to absolve itself of this burden by approving the shortcut route. In light of the fact that the county has received a 3/4% sales tax increase to, in part, finance construction of roads and bridges, I would like to see a report from you detailing your estimates on rebuilding the 7/10ths of a mile of CR103 to sustain the Blue Gravel Pit truck traffic. In the long run, it seems to me that rebuilding CR103 might be a sensible plan, especially if the county finds itself in the position of defending a lawsuit regarding the breach of its own rules on special use permits. By the way, was safety a consideration in your decision to recommend rerouting the truck traffic? I'd like to know. Sincerely, Gary Hubbell cc John Martin, Garfield County Commissioner cc Burke Gilbertson, attorney at law February 4, icY)7 Bill Roberts Western Siope Aggregates 0406 County Road 104 Carbondale, CO 81623 Dear Mr. Roberts GARY HUBBELL WRITING AND PHOTOGRAPHY 0038 Stagecoach Circle • Carbondale, Colorado 81623 • (303) 963-0696 This letter is to serve as a notice to you and Western Slope Aggregates that your construction of an access road linking the Blue Gravel Pit and Highway 82 will be contested in any legal venue. It is my belief that the permitting process followed by Garfield County in granting a special use permit for the construction of the aforementioned road was seriously flawed. I am in consultation with my attorney regarding this rnatter, and it is our opinion that the county was derelict in following their own special use permit code and that there is ample opportunity for legal challenge. Please be forewarned that further construction of this road may result in significant financial loss to you and Western Slope Aggregates should we prevail in a court of law as to the illegality of its construction; your financial losses will not be considered a reason for its use. Further, any right of annual review will be exercised to the fullest. Very Sincerely, Gary Hubb cc Burke Gilbertson, attorney at law cc John Martin, Garfield County Commissioner -r'Y. ;d't°.3 71°17 GARY HUBBELL WRITING AND PHOTOGRAPHY 0038 Stagecoach Circle • Carbondale, Colorado 81623 • (303) 963-0696 John f•1jr1Ir7. Gir f ield County C.onirni�,'_;iunt: 00 lath Street Glenwood Springs, CO 8160 Dear Mr Martin Thank you for taking my call yesterday regarding the construction of the Western Slope Aggregates road accessing Highway 82 near the 15 -mile marker. As I expressed to vou. I am deeply concerned about the prospects of up to 300 heavy trucks a day rumbling up and down this road. There are several aspects of my concern, and I will enumerate them. i. Safety. With the Department of Transportation's approval of a 65 mile -per - hour speed limit, it seems incredible to me that trucks can safely access the road at this point, especially with the steady traffic from the subdivision directly across the intersection. The current access point is only a 3 -way access, with no housing on the other side of the road and already constructed upvailey acceleration lanes. 2 Noise/dust/glare/smoke/vibration. As I understand the county code, a special use permittee may not negatively impact the surrounding neighborhoods with excess noise, dust, glare, smoke, or vibration. Anyone can plainly see that 300 diesel dump trucks a day in such close proximity to a residential neighborhood is clearly a violation of this code. In fact, the information submitted to the previous commission clearly indicated that the truck use was already in violation of the noise standard. 3. Property values. It will be clearly demonstrable that Ranch at Roaring Fork property values will suffer a significant loss should this access point be utilized. In my conversations with county officials, it seems that a great part of the approval process was due to financial considerations, i.e. the county's cost for rebuilding the 7/10ths of a mile of County Road 103. In light of the fact that the county has received approval for an additional 3/4% sales tax increase, part of which is allocated for roads and bridges, 1 would call for the construction of CR 10_! as a priority, GARY HUBBELL WRITING AND PHOTOGRAPHY 0038 Stagecoach Circle • Carbondale, Colorado 81623 • (303) 963-0696 It would be a regrettable set of circumstances should the access be constructed and found by a jury to be in violation of the county's own code. The financial loss to the contractor would be considerable, as well as a considerable loss to the county in litigation fees for defending its decision. I am asking for an immediate review of Garfield County's special use permit for the Western Slope Aggregate access to Highway 82 at mile marker 15. Thank you for your consideration. Sincerely, Gary Hubbell It is my understanding that the county may call a review of a special use perm i ttee's operations up to twice a year. curie" r Gary Hubbell 38 Stagecoach Circle Carbondale, CO 81623 March 17. 1997 Mark Bean Garfield County Planning Office 109 8th Street Glenwood Springs, Co 81601 Dear Mr. Bean: The construction noise from the Western Slope Aggregates road -building project across the highway from my house has become simply intolerable. It is penetrating, constant, and incredibly annoying. While it is rare that I notice noise from the highway, the construction noise is ongoing, persistent, and very noticeable. In fact, I can hear the machines clearly while I am in the shower. It has come to my attention that even construction noise must meet an industrial standard. I demand a noise test, to be paid for by the applicant, to establish whether this noise is in violation of the industrial standard As a Garfield County citizen, I am being subjected to an unreasonable amount of noise and disturbance on a daily basis. I challenge the County to act on behalf of its citizens, rather than on behalf of special interests. Post -it® Fax Note 7671 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. Gary Hubbell 38 Stagecoach Circle Carbondale, CO 81623 April 13, 1998 Garfield County Commissioners 109 86 Street Glenwood Springs, CO 81601 Dear Commissioners: APR 1 4 1998 WOW Y 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 Fm 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 7.Like( Cc Garfield County Planning staff 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: OCT 2 7 197 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. Sincerely, 'Gary Hubb 97l/i Ctrzu,4 GARY I-IUBBELL WRITING AND PHOTOGRAPHY 0038 Stagecoach Circle • Carbondale, Colorado 81623 • (303) 963-0696 10, 1g c-4 ilkoLa/ kit( c, Utte__ -61) (Si iJ (fea_p_tdej m -(11, (54 es-H1L-at 3° \)ezL-t kA -K& FL 6A64(.4. --ffr. ( 5EP 1 4 1998 for JU et ,.. r r :;j;jj i - Western Slope Aggregate May 26, 1998 MAY. 2. ti Garfield County Commissioners 109 8`hSt. Glenwood Springs, Co 81601 To: Garfield County Commissioners From: Sean Mello Re: Dust Control As Requested in our access road annual review on May 19, 1998, WSA has applied Mag Chloride on the unpaved sections of roadway at the top of the ridge. This work was performed on Friday May 22. 1998. Casey Concrete has also stopped using the highway 82 access as of May 19, 1998. cc. Mark Bean Sincerely, Sean Mello(.' Western Slope Aggregate ��C gG3.2�t/z P.O. Box 910 • Crhonclale, Colorado 81623 • (970) 963-9424 February 4, 1997 Mark Bean Garfield County Planner 109 8th Street Glenwood Springs, CO 81601 Dear Mr. Bean: GARY HUBBELL WRITING AND PHOTOGRAPHY FEB 0 4. 19974 CiAtiFiLLO CUONTY 0038 Stagecoach Circle • Carbondale, Colorado 81623 • (303) 963-0696 re: Blue Gravel Pit access to Highway 82 I writing this letter to express my profound disappointment with the Garfield County Planning Office and the Planning and Zoning Commission. It is somewhat unbelievable to me that your office would recommend placing an access road for a gravel pit scheduled to carry up to 300 dump trucks a day directly across from a residential community of some 150 homes. It seems that Garfield County is so anxious to avoid its responsibility to repair 7/10ths of a mile of road that it will dump the burden of that traffic and noise on an adjacent subdivision. It is my belief that your office has violated Garfield County's own special use permit regulations which, as I recall, state something to the effect that a special use permittee "cannot negatively impact a surrounding neighborhood with excess n noise; dust, glare, smoke, or vibration." No one can argue that 300 dump trucks a day do not specifically fit those criteria of negative impacts. Unfortunately, however, if we are to follow the present course of accommodating developers and special interests, in contradiction to the rights of the citizens of this county, it seems we will be arguing exactly those impacts --in a court of law. Unless Garfield County takes immediate steps to halt construction of this road, I will have no choice but to name the county and the planning office in a lawsuit. I am asking for an immediate review of the Blue Gravel Pit special use permit, specifically in regards to its access onto Highway 82. I would suggest that a "stop work" order be issued immediately before Mr. Roberts has a further- ability to plead "but I've spent so much money building this road!" I will also take this opportunity to formally complain about the noise from thf: construction of the road. It is clearly audible from my home, well above the level of the highway noise, and very disturbing, Sincerely, Gary Hubbejl cc John Martin, Garfield County Commissioner cc Burke Gilbertson, attorney at law