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HomeMy WebLinkAbout2.0 PermitE1 h'` ♦idUKA:1 I 1111! Reception#: 788491 07/14/2010 10:0:34 AM Jean Alberico 1 of 6 Rec Fee:$0.00 Doo Fee 0.00 GRRF1ELD COUNTY CO LAND USE CHANGE PERMIT for A PROPERTY KNOWN AS THE "SCOTT GRAVEL PIT" LOCATED % MILE EAST OF THE MAIN INTERSTATE INTERSECTION OF RIFLE COLORADO BETWEEN THE COLORADO RIVER AND INTERSTATE 70 IN SECTION 15, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PM, GARFIELD COUNTY PARCEL NO# 2177-151-00-007 and 2177-151--00-054 In accordance with and pursuant to the provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, and Resolution No. 2010-17 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Land Use Change Permit, the following activity: "EXTRACTION OF NATURAL RESOURCES (SAND & GRAVEL) & DEVELOPMENT IN THE 100 -YEAR FLOODPLAIN" (SUP11408) The Land Use Change Permit is issued subject to the conditions set forth in the above-mentioned resolution and the conditions of approval attached as Exhibit A, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTEST: m • 1 J Ierk of the Board szAL 1 e 4.400 GARFIELD C COMMISSIO COUNTY, C BOARD OF GARFIELD Chairm Ill Ilii",i,I'rtIv,1\41iWMI Ea�ilr+ah'l�l�l k1�1®IHi Reception#: 788481 07!14/20147 10.30:34 RM Jean Alberico 2 of 5 Rec Fee:$0,00 Doc Fee:0.00 GPRF1ELD COUNTY CO EXHIBIT A 1) That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Comrnlssioners, shall be considered conditions of approval unless explicitly altered by the Board. Hours of Operation: The gravel pit shall be allowed to operate Monday — Saturday from 7:00 AM to 8:00 PM with crushing, digging, and heavy hauling only occurring between 7:00 Am to 6:00 PM. There shall be no operations on Sunday except emergency maintenance. 3) The Applicant shall obtain a new State Highway Access Permit from CDOT to be submitted to Garfield County prior to the issuance of a Land Use Change Permit and any conditions required by that permit shall be conditions also required by Garfield County. No mining work / site prep shall be allowed to begin until the improvements required by CDOT have been installed and approved by CDOT according to their permit. 4) The use of temporary concrete / asphalt batch plants shall only be allowed on the property (located only within the flood -fringe area of the 100 -year floodplain) between July 15th and November 15th of any given year in order to avoid the nesting / fledgling period for the resident American Bald Eagles and to lessen the impact to the City of Rifle. Any change to this timeline shall be determined by the Board of County Commissioners in a public meeting. Any change shall require justification for 'good cause shown' including a recommendation from either the Colorado Division of Wildlife (CDOW) or the US Fish and Wildlife Service (USFWS) to change this timeframe 5) This Land Use Change Permit approval shall be limited to a term of eight years from the date of approval of the Land Use Change Permit. If the operations are to extend beyond this time frame, the property owner shall be required to return to the BOCC to demonstrate that the mining operations comply with any new regulations adopted by Garfield County. 6) There shall be no bulk storage of fuel on site that is located within the 100 -year floodplain. 7) The Applicant shall install flood monitoring system through the use of "staff gauges" that will provide an early warning system to allow the removal of all equipment / fuel tanks from areas where flooding might occur. These gauges will be installed with cement bases and painted vertical pipes (gauges) to ensure their permanence. No Land Use Change Permit shall be issued by the County until such gauges have been installed and verified by a site visit with County Staff. 1 diCfreittitil ®1111 Reception#t 758491 07/14/2010 10:30.34 OM Jean RIberico 3 a{ 5 Roo Fae:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 8) Due to the close proximity to 1-70, all crushing shall occur in enclosed equipment that is equipped with wet scrubbers (water spray facilities) to keep the aggregate moist. Further, the Applicant shall submit all the air emission permits for the equipment to be used on site to the County prior to issuance of the Land Use Change Permit. 9) All noise generated from the operation shall not exceed the Industrial Zone noise standards defined in the Colorado Revised Statutes (CR5) such that noise shall not exceed 80 dB(A) from 7:00 AM to 7:00 PM and 75 dB(A) from 7:00 PM to 7:00 AM. 10)The Operator or Property Owner shall submit an annual report to the County Building and Planning Department with GPS measurements shown on a map showing the current disturbance, what areas have been backfilled, where topsoil stockpiles are located, all site structures, what areas have been seeded, mulched and what is planned for the ensuing 12 months. 11) The County can request a site inspection with 24 hour's notice to the Operator or Property Owner. Full access to any part of the site will be granted. On request, all paperwork must be shown. 12) A full list of all other permits shall be provided to the County within 24 hours of their request. Any person at any time can call the following agencies directly and request an inspection if they believe a condition of that agencies permit is being violated. A. CDPHE Air Quality Control 303-692-3150 B. CDPHE Water Quality Control 303-692-3500 C. US Army Corps of Engineers 970-243-1199 D. Division of Reclamation, Mining and Safety 303-866-3567 E. CDOT Grand Junction office 970-248-7000 13)The Property Owner and Operator acknowledge that the County has the following performance standards that could lead to revocation of the Land Use Change Permit: F. All fabrication, service and repair operations shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping. G. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right-of-way. H. All industrial wastes shall be disposed of in a manner consistent with statutes and requirements of CDPHE. I. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property 111 I'11I120016111.1W%,f1_ AMICAllet IN 11111 Reception#: 788491 07114!2010 10:30:34 HM Joan Rlbsrloo 4 of 6 Roc Fee:$0.0O Doc Fae0.00 GARFIELD COUNTY GO 1. Every use shallbe 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 signal and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. 14) The County shall be invited to any bond release inspection of the State Division of Reclamation, Mining and Safety. The County will have the opportunity to demonstrate that any item of the permit has not been complied with and that bond should not be released. Specifically, the Final Reclamation Plan (Map F-1 which is attached as Exhibit A hereto) shall include the following components: A. When reclaimed, at least 21.5% of the 2,441 feet perimeter of Lake 1 shall be constructed to a 5:1 slope, and at least 3.3% of the shoreline on Lake 1 shall be constricted to a 10:1 slope. In Lake 2, at least 20.5% of the total perimeter of 3,348 feet shall be constructed to be a 5:1 slope and at least 2.4% of the shoreline shall be constructed to be a 10:1 slope. The remainder of all slopes will be no steeper than 3:1. See Map F-1 of the application for the layout of these areas. This shall be required to be shown on the Final Reclamation Plan (Map F-1) approved herein and tendered to the DRMS. B. When reclaimed, at least 0.79 acres of wetlands shall be created and their location shall be shown on a map. This shall be required to be shown on the Final Reclamation Plan (Map F-1) approved herein and tendered to the DRMS. C. The Applicant shall use plant plugs (i.e. real plants) in wetland slope reclamation; D. There is a native shrub, silver -leaf buffalo berry (Shepherdia argentea) that may be confused with the noxious weed, the Russian -olive tree (Shepherdia argentea). The Applicant needs to be able to distinguish between the two so that the native silver - leaf is conserved and not managed like the Russian -olive. E. The Applicant shall implement an effective Russian -olive and tamarisk treatment program in order to prevent the threat of spreading noxious weed seeds through gravel to previously uninfested areas. F. The Applicant shall remove crested wheatgrass from the dry rangeland reseeding mix. ill In 11'1,111410IiiNhi1ai _ r ll`l 7L'I 1.0,Mil 11111 Reception##; 788491 07!1412010 10:30:34 Am Jean Rlberico 5 of 5 Rec Fee:$O.00 Doc Fee:d.00 GRRFIELD COUNTY CO G. Mining operations shall be allowed to progress so long as the previous pit has been reclaimed within 6 months after the commencement of the new pit mining operation. If the reclamation has not commenced in six months or has been completed within eighteen (18) months, all mining operations on the property shall stop until the reclamation / revegetation has occurred to the satisfaction of the County. Completion shall include but not be limited to top -soiling, seeding, mulching, sapling planting, and water filling of the lake. H. The Final Reclamation Plan approved with this Land Use Change Permit shall be the only reclamation plan used by both Garfield County and Division of Reclamation Mining and Safety. Additionally, a new bond be calculated to cover this plan and secured with DRMS to cover its implementation. Proof of a recalculated bond shall be provided to Garfield County prior to issuance of a LUCP. 1. The Reclamation Plan shall be revised to include planting twenty (20) 2 -inch caliper cottonwood trees around each pond at intervals of 75 feet with cottonwood / willow saplings / cutting clumps between the trees and fringe wetlands on all of the lake perimeters. 15)The Applicant shall adhere to the commitments contained in the "Bald Eagle Management Plan" which shall serve as conditions of approval attached as Exhibit B to this Resolution. 16) The Applicant shall obtain all local, state, and federal permits prior to the issuance of the Land Use Change Permit by Garfield County.