HomeMy WebLinkAbout3.0 BOCC Staff Report 08.15.1994BOCC 8/15/94
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
Special Use Permit for a commercial
logging operation
Joan L. Savage
A tract of land located in portions
of Sections 29, 30 and 32, T7S,
R94W of the 6th PM; more
practically described as a tract of
land located approximately ten (10)
miles south of Rulison, between
Cache Creek and Cottonwood
Creek.
SITE DATA: 960 acres
WATER: N/A
SEWER: N/A
ACCESS: Via County Road 301
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD & O/S
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The parcel is located in "Unclassified Lands" of the Garfield County Comprehensive
Plan.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located between Cache Creek and Cottonwood
Creek, and is currently used for ranching purposes. The site ranges in elevation
from 8,200 to approximately 9,800 feet. The area is heavily vegetated, with
significant timber. A vicinity map is shown on page %!
B. Project Descri tp ion: The applicant is requesting a special use permit for a
commercial logging operation. The request to allow the logging of 960 acres of
aspen and saw timber on the site. The applicant describes the purpose of the
operation is to "harvest timber for commercial timber, construction of a cabin,
increase livestock forage and to increase water absorption into the soils and
• •
aquifers. Operations are proposed to consist of road construction and timber
harvesting of one or more crews of 5-6 men each. The operation has proposed
to start access road construction in the summer of 1994 and timber cutting in the
fall/winter of 1994/95. JQ°�
The applicant proposes to cut approximately 3.5 million boar eet of saw
timber and 20,000 tons of Aspen. It is estimated that there will be 00 truck trips
from the site to a railhead west of Rifle. The haul route is proposed to be from
a private access road through a portion of National Forest to County Road 301
to County Road 320 to the Rulison or Rifle Interchange and then via frontage
road or 1-70 to the railhead. Worker access and related trips is estimated to be
6-10 round trips daily.
III. MAJOR ISSUES AND CONCERNS
A. Zoning: Site for extraction, processing, storage or material handling of natural
resources are special uses in the A/R/RD zone district. As a special use, certain
requirements must be met:
5.03
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Environmental Health officer shall
either be in place or shall be constructed in conjunction with the proposed use;
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in
place or shall be constructed in conjunction with the proposed use;
(3)
Design of the proposed use is organized to minimize impact on and from
adjacent uses of land through installation of screen fences or landscape materials
on the periphery of the lot and by location of intensively utilized areas, access
points, lighting and signs in such a manner as to protect established
neighborhood character.
5.03.07
(1) An impact statement demonstrating that the application shall be designed and
operated in compliance with the applicable laws and regulations of the County,
State and Federal governments, and will not have a significant adverse effect
upon:
(A) Existing lawful use of water through depletion or pollution of surface run-
off, stream flow or ground water;
(B) Use of adjacent land through generation of vapor, dust, smoke, noise, glare
or vibration, or other emanations;
(C) Wildlife and domestic animals through creation of hazardous attractions,
alteration or existing native vegetation, blockade of migration routes, use
patterns or other disruptions.
(2) Truck and automobile traffic to and from such uses shall not create hazards or
nuisances to areas elsewhere in the County;
4 •••
(3) Sufficient distances shall separate such use from abutting property which might
otherwise be damaged by operations of the proposed uses;
(4) Permits shall be granted for those uses only with the provisions that a
satisfactory rehabilitation plan for the affected land be submitted prior to
commencement of such use.
5.03.08
Industrial Performance Standards: All industrial operations in the County shall comply
with applicable County, State and Federal regulations regulating water, air and noise
pollution and shall not be conducted in a manner constituting a public nuisance or
hazard. Operations shall be conducted in such a manner as to minimize heat, dust,
smoke, vibration, glare and odor and all other undesirable environmental effects beyond
the boundaries of the property in which such uses are located, in accord with the
following standards:
(1) Volume of the sound generated: every use shall be so operated that the
volume of sound inherently and recurrently generated does not exceed ninety
(90) decibels, with a maximum increase of five (5) decibels permitted for a
maximum of fifteen (15) minutes in any one (1) hour, at any point of any
boundary line of the property on which the use is located;
(2) Vibration generated: every use shall be so operated that the ground
vibration inherently and recurrently generated is not perceptible, without
instruments, at ariy point of any boundary line of the property on which the use
is located;
(3) Emissions of smoke and particulate matter: every use shall be operated so
as to comply with all Federal, State and County air quality laws, regulations and
standards;
(4) Emission of heat, glare, radiation and fumes: every use shall be so operated
that it does not emit heat, glare, radiation or fumes which substantially interfere
with the existing use of adjoining property or which constitutes a public nuisance
or hazard. Flaring of gases, aircraft warning signals, reflective painting of
storage tanks, or other such operations which may be required by law as safety
or air pollution control measures shall be exempted from this provision;
(5) Water pollution: in a case in which potential hazards exist, it shall be
necessary to install safeguards designed to comply with the Regulations of the
Environmental Protection Agency before operations of the facilities may begin.
5.03.12 Access Routes: All conditional uses and special uses must be provided with
access routes of adequate design to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access for the use constructed in
conjunction to the proposed use. The minimum design standards shall be the Garfield
County Road Specifications.
The following are the staff responses to the applicant's proposal: ,
5.03.
(1) The proposed operation has no need for fixed utilities; water will be hauled onto the
site for drinking purposes.
(2) The applicant has proposed to improve and existing four-wheel drive and
construction of approximately five (5) miles of haul roads. A portion of these roads
cross over National Forest lands and the Rifle Ranger District office of the White River
National Forest has noted a need by the applicant to acquire a right-of-way across the
National Forest lands (see page ).
The applicant has proposed two directions once CR 301 is reached. One would to the
Rulison I-70 interchange via CR 301 and the other would go from CR 301 to CR 309
to CR 320 to the Rulison I-70 interchange. The first route is shorter use of County
roads to access the railyard and I-70. The other route, while longer, does not have as
much hard surface road. Either route is acceptable, subject to approval of the Road
and Bridge supervisor.
Overweight vehicles will be required to obtain a permit from the County Road and
Bridge Department prior to initiating any activity.
(3) Adjacent uses are public lands and the applicant has proposed to have a timber
cutting plan prepared by a consultant. This timber cutting plan needs to be reviewed
by the Colorado State Forester and modifications made based on that review.
5.03.07
(1)(a) Surface Water Impacts: The applicant has stated that there will be no use of
water. Surface run-off and pollution is proposed to be controlled by 50 to 100
foot selective cut buffer zones and all roads are proposed to have adequate water
bars to prevent excessive runoff. These issues need to be further defined in the
timber cutting plan with specific designs and locations for culverts, water bars
and other erosion/runoff protection measures.
(b) Impacts on A jacent Lands: Impacts on adjacent lands are projected to be
from engine exhaust, dust, smoke from slash burning and noise from equipment.
Since the adjacent lands are public, impacts should be negligible and temporary
in terms of times.
(c) Wildlife Impacts: An elk calving ground has been identified to the northwest. No
timber cutting will occur during the elk calving season. The timber cutting is
intended to improve wildlife and domestic forage values and any other negative
impacts should be temporary.
(2) Truck and Automobile Impacts: In the previous comments on road issues is a
recommended haul route. Other related issues that need to be addressed are the
maximum number of haul trips per day, the days and hours of hauling. Staff
would recommend that hauling only occur Monday through Friday, between the
hours of 7 a.m. to 7 p.m..
if-
(3)
• •
Distance from adjacent property: The application proposes a 50 foot tree buffer
on property boundaries. This is acceptable, if it is not modified by the State
Forest Service as a part of their recommendations after reviewing the timber
cutting plan.
(4) Site Rehabilitation. The applicant proposes to have all timber haul roads and
yards reseeded and/or barred and stabilized to eliminate erosion. All streams
will be left with a buffer of undisturbed areas and slash will be windrowed
strategically to eliminate erosion. Staff assumes that this will be dealt with in
better detail in the timber management plan.
(5) Water Pollution: This issue was addressed in the previous comments on water
use. The timber management plan should address these issues further.
Section 5.03.12
A finding of a safe access route is tied to the access agreements with the U.S. Forest
Service. The issuance of a permit from the Forest Service should be required, before a
Special Use permit is issued.
IV. SUGGESTED FINDINGS
1. That the public hering before the Board of County Commissioners was extensive
and complete, that all pertinent facts, matters and issues were submitted and that
all parties were heard at the meeting.
2. That the proposed special use conforms to the application requirements of the
Garfield County Zoning Resolution of 1978, as amended.
3. That the proposed land use will be compatible with existing and permitted land
uses in all directions if appropriate conditions are attached to the permit.
That the proposed use will comply with all applicable standards contained in the
Garfield County zoning Resolution of 1978, as amended.
5. That for the above stated and other reasons, the proposed special use is
consistent with the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
V. RECOMMENDATION
That the Planning Commission recommend APPROVAL, of the proposed commercial
logging operations as a natural resource extraction operation, with the following
conditions of approval
1. That all verbal and written proposals of the applicant shall be considered
condition of approval, unless specified otherwise by the Board of County
Commissioners.
2. That prior to issuance of a Special Use permit, a timber management plan be
submitted to the Planning Department, that has beenpetriewer are
by the Colorado State Forest Service.
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3. That all timber hauling on county Roads be on Monday through Friday,
between the hours of 7 a.m. to 7 p.m.
4. The haul route for timber and other overweight service vehicles will be CR 301,y4'23
1n -t} Lison I-70 interchan. County Road 309 to County Road 320' -as 6
• • e • • - • r • • . o r. Additionally, an
overweight vehicle permit will be acquired for each vehicle needing such permit.
5. That prior to issuance of the Special Use permit, a permit for an access route
shall be acquired from the White River National Forest Service.
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