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3.0 BOCC Staff Report 04.13.2015
Board of County Commissioners, April 13, 2015 Exhibits — Una Gravel Pit Special Use Permit Amendment Exhibit Letter Vie_. Exhibit _R , �, „ h. ,.r�.... ,» .ro , r. , .N a.� A Public Hearing Notice Affidavit, with attachments B Garfield County 2013 Land Use and Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Staff Presentation G Email dated March 18, 2015 from Dan Goin, Road & Bridge H Letter dated March 19, 2015 from Steve Anthony, Vegetation Management I Letter dated March 15, 2015 from Terry & Christie Hunter J Email dated March 23, 2015 from Applicant in response to Hunter letter K Letter dated March 24, 2015 from Chris Hale, Mountain Cross Engineering L Letter dated March 25, 2015 from Scott Hoyer, Colorado Parks and Wildlife M Email dated March 27, 2015 from Dan Roussin, CDOT N Email dated March 31, 2015 from Applicant in response to referral comments O Letter dated March 31, 2015 from Steve Anthony, Vegetation Management P 0 R S T U V W X Board of County Commissioners April 13, 2015 Una Gravel Pit Special Use Amendment — SUAA 8245 I. PROJECT INFORMATION TYPE OF REVIEW Special Use Permit Amendment REQUEST APPLICANT (OWNERS) REPERSENTATIVE LOCATION ACRES Amend prior approval to remove conditions, and Request waiver from 7-1001 H. Hours of Operation William Patterson, Rodney Power, Ronald Tipping and Marie Tipping Gayle Lyman — Elam Construction dba Grand Junction Pipe and Supply, 4.5 miles Southwest of Parachute southeast of the intersection of SH 6 and CR 300 211 -acres ACCESS Improved access from CR 300 ZONING Rural COMPREHENSIVE PLAN Residential Medium High II. DESCRIPTION OF THE PROPOSAL The Una Gravel Pit has historically operated at this site, originally as gravel resource for the construction of 1-70. The historic use predates land use regulations in Garfield County therefore the facility is considered a pre- existing non -conforming use in the Rural Zone District. Several applications have been submitted to the County for related land use activities on the site, the most recent of which was in 2004 when a Special Use Permit was approved to locate a Hot Mix Portable Asphalt Batch Plant on the site. Resolution 2005-15 approved the use of this plant at the site and the permit included an expiration date of December 1, 2004. That permit request was in response to a CDOT contract that was awarded for an asphalt overlay project on 1-70. Wage Board of County Commissioners April 13, 2015 Una Gravel Pit Special Use Amendment — SUAA 8245 Elam Construction has recently been awarded the asphalt overlay contact for 1-70 in DeBeque Canyon, April through October 2015, which has resulted in the current application. Removal of Conditions - Elam seeks to remove conditions 4, 5, 6, 7 and 10 from Resolution 2005-15 as well as to request waiver of the Industrial Standard for Hours of Operation required by Section 7-1001 H. of the 2013 Land Use and Development Code, as amended (LUDC). The specific request is to remove the following conditions: A. Condition 4 which states "A new driveway access shall be constructed that is a minimum of 80 - feet wide to allow for trucks to turn in and out of the location without damaging the shoulder of the road." B. Condition 5 which states "At the that the improvements are made to County Road 300 the Applicant shall construct an asphalt mat the width of the driveway extending into the location for 20 -feet and a depth of 4 -inches attached to the paved edge of the existing road. There is a possibility that CR 300 will be under reconstruction and coordination between all companies will be needed." C. Condition 6 which states "The Applicant shall install a stop sign which is required to be placed at the entrance to CR 300 and is required by the MUTCD ("The Manual on Uniform Traffic Control Devices). The stop sign will be high visibility type and a minimum size of 36 -inches by 36 - inches." D. Condition 7 which states "The Applicant shall install two (2) signs stating that trucks will be turning, to be placed 300 -feet north on the west side of CR 300 and 300 -feet sough on the east side of CR 300. These signs will be installed as required by the MUTCD ("The Manual on Uniform Traffic Control Devices). These signs will be high visibility type and a minimum size of 36 -inches by 36 -inches." E. Condition 10 which states "The Applicant shall not operate this temporary SUP past December 1, 2004." Waiver Request - CDOT now specifies night work on publically funded projects to increase safety, avoid traffic conflicts and improve project efficiency. Proposed hours of operation are from 6 p.m. to 6 a.m. Sunday through Friday. The night operation requires a waiver from Hours of Operation in Section 7- 1001 H. of the LUDC. Specifically this code section requires that any activity that generates noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or as approved by the decision-making authority. The application contains supporting documentation related to lighting and noise impacts and mitigation associated with the project. Operationally the asphalt plant will be located on the interior of the parcel, minimizing impact to adjacent properties as well as provide adequate internal circulation for the trucks. 2 1 P a g e Board of County Commissioners April 13, 2015 Una Gravel Pit Special Use Amendment — SUAA 8245 = Proposed Asphalt Plant Location = Site Reclamation �-� 7 'if - Project details include: A. Request to utilize the Asphalt Batch Plant for 120 working days annually (approximately 180 calendar days) Note: the Planning Commission recommends approval without restriction on the number of working days annually; B. Five employees, on average, will work at the asphalt plant; C. Two types of trucks will be used: a 10 yard dump truck with 14 ton capacity, and a 24 ton belly dump truck; D. Peak hourly truck trips per day will average 10-15 with maximum daily trips at 110. E. The Una Gravel Pit operates between daylight and dark Monday through Saturday. The asphalt plant hours of operation, for 2015, are proposed to be 6 p.m. to 6 a.m. Sunday through Friday; F. A Construction (air) Permit has been obtained for the asphalt plant. Asphalt plant components include a control house, liquid asphalt and diesel fuel storage, air emission controls, aggregate feed bins, mixer drum, conveyors, lime silo, truck loading equipment, power supply via a generator, quality control or lab trailer and storage silo. 31 P a g e Board of County Commissioners April 13, 2015 Una Gravel Pit Special Use Amendment — SUAA 8245 Existing mining operations and reclamation at the site will not be impacted by the proposal. Area tyla,r Asphalt dant 2etail Tr. I� IBaghouse — I oJ The Garfield County Zoning Map, right, indicates the subject parcel outlined in blue. Zoning in the vicinity includes Rural zoned parcels (some with special use permits for industrial operations), immediately north of the subject site is PUD zoning for the Strong PUD (industrial uses), and northwest is Commercial General zoning for the Traveler's Highlands Subdivision. Uses to the north and west are primarily industrial in nature while low density residential and agriculture exist to the south and east. Board of County Commissioners April 13, 2015 Una Gravel Pit Special Use Amendment — SUAA 8245 Requests were sent to the following referral agencies, followed by a brief description of their responses: Road and Bridge, Exhibit G — There is no anticipated impact to the County Road System. Vegetation Manager, Exhibits H & 0 — A noxious weed map and inventory of Garfield County listed weeds is requested, and provision of a weed management plan will be required depending upon any weeds found on the site. A site visit identified tamarisk on the site. Mountain Cross Engineering, Exhibit K — The Applicant should provide the following: a. Evidence of CDPHE permitting including the proposed asphalt plant; b. Information on existing traffic levels at the Una Pit should be provided in order to determine impact of the traffic increase; c. Applicant should address anticipated noise levels and mitigation measures. Colorado Department of Transportation, Exhibit M — Dan Roussin of CDOT responded that the development is within the means of the existing access permit. Colorado Parks and Wildlife, Exhibit L—Scott Hoyer responded to the referral with concerns: a. Night traffic is a high risk for animal collisions and recommends use of 24 -yard trucks rather than 10 yard trucks to minimize traffic; b. Noise and fugitive light are a potential concern for wildlife. The use of downcast light and compliance with noise standards are recommended; c. The asphalt plant is proposed to be located .25 miles from the Colorado River which is designated as critical habitat for several threatened and endangered native fish species. The use of on-site spill kits and other equipment intended to reduce the risk of spill contaminates from reaching the river are recommended. d. An active bald eagle nest is located .5 miles from the proposed plant - human encroachment should not occur within .25 -miles of the plant after July 31St Grand Valley Fire District, — March 27, 2015 conversation with Rob Ferguson in which he said that it appeared that there were no issues with the proposal. The following agencies did not respond to the request for comments: Sheriff Mined Land Reclamation Board Town of Parachute Environmental Health CDPHE — Air Quality Division 5IPd ge Board of County Commissioners April 13, 2015 Una Gravel Pit Special Use Amendment — SUAA 8245 4-105. MAJOR IMPACT REVIEW. A. Overview. Applications subject to a Major Impact Review shall be reviewed and a recommendation made by the Planning Commission, and decided by the BOCC. B. Review Process. Applications for Major Impact Review shall be processed according to Table 4-102, Common Review Procedures and Required Notice. C. Review Criteria. An application shall comply with the applicable standards of this Code. DIVISION 1. GENERAL APPROVAL STANDARDS. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. The Applicant has demonstrated that the asphalt plant will comply with these standards. 7-1001. INDUSTRIAL USE. The Applicant shall comply with the following standards: A. Residential Subdivisions. The proposed location is not within a platted residential subdivision B. Setbacks. The proposed location is situated greater than 100 feet from adjacent residential property lines. C. Concealing and Screening. The site is screened topographically from the adjacent roadway as it will be located in the center of the property. D. Storing. Any storage of materials related to the asphalt plant will be located at least 100 feet from an adjacent property line and in compliance with all national state and local codes. Diesel storage will be compliant with an impervious spill containment area. E. Industrial Wastes. Disposal of all industrial wastes shall be consistent with federal and state statutes and the requirements of CDPHE. F. Noise. The Applicant has demonstrated that the asphalt plant will operate within the state statutory limits for noise. G. Ground Vibration. No ground vibration will be perceptible at the boundaries of the property. H. Hours of Operation. The Applicant is seeking a waiver from complying with this standard as CDOT is requiring night-time operations for the 2015 paving project. The waiver requested is for operation from Sunday to Friday from 6 p.m. to 6 a.m. This waiver Wage Board of County Commissioners April 13, 2015 Una Gravel Pit Special Use Amendment — SUAA 8245 is requested for the 2015 project only and all other annual projects will be required to comply with this standard. I. Interference, Nuisance, or Hazard. The use will be operated so that it does not emit heat, glare, radiation or fumes that would interfere with adjoining properties. VI. STAFF ANALYSIS A. Terry and Christie Hunter, adjacent property owners, responded with concerns regarding toxic pollutants and impact of particulate matter on the Colorado River. The Applicant has responded to these comments that the asphalt plant must operate with the State of Colorado Emission Permit standards. B. Night Operations — The Applicant is seeking a waiver from the hours of operation (Section 7- 1001 H.) related to industrial standards — for the 2015 annual project only. This is requested in compliance with CDOT's requirement for night operations which are specified in order to minimize disruption of traffic on 1-70 during the project time period. CDOT is requiring operations occur Sunday thorugh Friday 6 p.m. to 6 a.m. C. Noise— The Applicant has stated that the location of the aphalt plant in the central part of the property, behind finished stockpiles, will minimize noise levels at the property boundaries. Operation of the portable asphalt plant has occurred in orther jurisdictions, including Eagle and Pitkin Counties, and during night operations the monitored noise levels did not exceed the 50 dB(A) threshold required by the state statutues. Mountain Cross Engineering commented, Exhibit K, the Applicant should address anticipated noise level and any mitigation measures proposed. D. Lighting — Employee safety is the utmost concern regarding lighting at the site, particularly since the operations will occur at night. Portable light plants will be utilized which are 25' in height, with four adjustable lights. These four lights allow the operator to adjust the direction of individual lights to ensure that fugitive light does not escape the property. See image left. 7 P a g e Board of County Commissioners April 13, 2015 Una Gravel Pit Special Use Amendment — SUAA 8245 E. Traffic — The Applicant has provided data relative to the amount of truck traffic generated by the proposal. Two types of trucks will be utilized including a 10 -yard dump truck with a 14 ton capacity and a belly dump trucks with a 24 ton capacity. A major percentage of the loads will utilize the belly dump trucks. Maximum daily trips will be 110 VPD and peak hourly trips are anticpated at 10-15. The traffic proposed is significant, however the location of the site at the intersection of CR 300 and SH 6, minimizes impacts to residential uses to the south on CR 300. The trucks are anticipated to exit the site onto 300 and proceed to the SH 6 intersection. Dependent upon the paving location (east bound or westbound lanes of 1-70 in DeBeque Canyon) the trucks will either proceed west on SH 6 to DeBeque and 1-70, or eastbound on SH 6 to the West Parachute interchange to access westbound 1-70. F. The proposed amendment to the Special Use Permit for the Asphalt Plant is justifed by the following criteria: 1. Demand exists for asphalt paving related to public projects; 2. Un -mined aggregate resources are located on the property; 3. The Plant would be located in an established sand and gravel mining area; 4. The Applicant has demonstrated the ability to comply with noise and lighting standards in the LUDC. G. The requested waiver of hours of operations is limited to the 2015 project. Elam Construction has been awarded numerous CDOT projects and this is the second time a request has been made for a portable asphalt plant at this site. The site location offers on-site aggregate for asphalt, little impact to adjacent properties and easy access to the state and federal highway system. The Applicant seeks the ability to bid future public projects with the knowledge that county entitlements are in place to allow for the asphalt plant at this site. H. Comments from the Weed Management, Exhibits H and 0, include concerns regarding tamarisk on the site. A site visit by Steve Anthony on March 30, 2015 identified these plants near the pond, driveway and equipment at the site. The subject site of the application, 211 -acres, has noxious weeds that could lead to transportation and infestation if seeds are carried from the site. Staff recommends a site specific weed management and treatment plan be submitted for acceptance on or prior to June 30, 2015. 81 Board of County Commissioners April 13, 2015 Una Gravel Pit Special Use Amendment — SUAA 8245 VH. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, and upon compliance with conditions of approval, the request for a Special Use Permit Amendment is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, upon compliance with conditions of approval, the application is in general conformance with Garfield County Comprehensive Plan 2030. 5. That, upon compliance with conditions of approval, and granting of a waiver from Section 1001 H., the application has met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. The Planning Commission held a public hearing on April 8, 2015 at which time they considered this application. Deliberations focused on the 120 working day limit annually, with discussions regarding the difficulty in enforcing this restriction. Ultimately the Commission decided, by a vote of 7-0, to recommend that the Board of County Commissioners approve the request to allow operation of a Portable Hot Mix Asphalt Batch Plant at the site of the Una Gravel Pit, until such time as reclamation has been completed for the Una Pit pursuant to requirements of the Mined Land Reclamation Bureau (MLRB). The motion did not include any time limitations for annual operations. The motion to recommend conditional approval of the request included removal of conditions 4, 5, 6, 7, and 10 of Resolution 2005-15, as well as a recommendation to approve the waiver of Hours of Operation, allowing hours of operations in 2015 to occur Sunday through Friday from 6 p.m. to 6 a.m. All subsequent annual Hot Mix Asphalt Batch Plant projects shall comply with the hourly requirements contained in the industrial operation standards of the LUDC. The Commission recommends the following conditions of approval: 1. All material representations made by the Applicant and their representatives in the application or during the public hearing must be adhered to as conditions of approval unless otherwise stated by these conditions. Wage Board of County Commissioners April 13, 2015 Una Gravel Pit Special Use Amendment — SUAA 8245 2. That the operation of the facility shall be in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. 4. The Applicant shall prepare a noxious weed inventory of the site and a site specific weed management plan for the property. This inventory and plan shall be submitted for review and acceptance by Vegetation Management on or prior to June 30, 2015. 5. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 6. Oversize/overweight vehicles shall obtain required permits from the Garfield County Road and Bridge Department. 7. All noise generated from the operation shall not exceed the maximum permissible limits set forth in C.R.S. § 25-12-103. 8. Heavy or construction equipment associated with the asphalt plant operations on the site shall use white noise back up alarms as opposed to other audible back up alarms. 9. Upon issuance, the Applicant shall provide to Community Development a copy of the Colorado Department of Public Health and Environment — Air Pollution Control Division (CDPHE — APCD) Air Pollution Emission Notice (APEN). IX. BOARD OF COUNTY COMMISSIONERS DELIBERATION AND DECISION 10IPage ELL) Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the 6 day of 1776- > . 2015. » All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means Dist] e Please attach proof of certified, return receipt requested mailed notice, My application required Published notice. .'f Notice was published on the . day of /fit r • , 2015. e Please attach proof of publication In the Rifle Citizen Telegram. ra My application required Posting of Notice. X7 Notice was posted on the day of //A.'c/? , 2015. /C Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Signatu Date: 0922 49LT t CI D O'C50 h't0Z o lig file 0©a 1 jt I 1 12 kg ❑a aE o13 Rtg 141 Q 'O f am m a0'0 Ecz 5. l C Ol E win ■ u J J F- 0 w 0 z PO BOX 809 SILT, CO 81652 ru ru N N Ln C7 N N PS Form 3811, July 2e13 OLq 'i000 O'C50 z 0 u 0 w z 0 I- O J co 0X 2 0 0 m cc z a ta KU. SILT, CO 81652 2 0 0 0 Q z 0 0 z 0 oz Ql 0 cc x 0 0 a SILT, CO 81652 PS Form 3811, July 2013 aoW Sao z� EH 2DDO azSO h'COL 18. N q❑D ti ru/1r- N 1-9 �3 a O❑ 7014 I I PS Form 3811, July 2013 21122 LQL'i TODD OUT hTOL i 7014 0510 0001 C PS Form 3811, July 2013 SE22 19LT tt\i I OD I CID P0 BOX 330 GAINESVILLE, TX 76241 TODD DM hUlt Jr t DOD 1 I a DO z 0 L9 aZi z z 5 P0 BOX 330 GAINESVILLE, TX 76241 I p C o Ct. z 416 2 cc Q Z _J 3°' a P czs w Z a cc Rcg X H16 0250 +I'CUL rq OO❑ r•- g r- n p ca rl Q r - PO BOX 1329 GRAND JUNCTION, CO 81502 I. I PS Form 3811, Juiy 2013 +022 0 CC 0 O m LL Z Q co" O as`ru U�g w a 1w" $ I Tr9 re< UU 0.mi Y ts LB1.'i 'COAD D'CSO hTOL 00171 1787 2204 n a u► cc r9 8 r - hi z PS Form 3811, July 2013 p TODD DTSD h'CD2. 7014 0510 0001 1787 s 7 CO Cr) m 0. USPS.com k) - USPS Trtcking'r`l Page 1 of 2 Ina ,en C stomur S r .c. USi'9 Mnhttn USPS.COM' USPS Tracking' Tracking Number. 70140510000117872211 E:21 Customer Service ) Have questions? We're here to help. * Your item was returned to the sender on March 25, 2015 at 10:03 am in PARACHUTE, CO 81635 because it was not claimed by the addressee. Product & Tracking Information Available Actions • Postal Product: Extra Svc: Certified Mall' Text Updates CATE A TIME STATUS OF ITEM LOCATION Ental Updates March 25, 2015 , 10:03 am Unclaimed PARACHUTE, CO 81535 • ; f.! ir'. ... ,1 March 18.2015. 10:50 am Available for Pickup PARACHUTE. CO 81535 Math D. 2015 8:38 am Available for Pidtup PARACHUTE. CO 81835 March 9, 2015.8.1 t am Out for Delivery PARACHUTE. CO 81635 March 9, 2015 . 8:01 em Sorting Complete PARACHUTE, CO 81635 March 9. 2015 , 7 01 am Arrived at Unit PARACHUTE, CO 81835 Mardi 7 2015 8 37 pm Departed USPS Facility GRAND JUNCTION, CO 81505 March 8, 2015 , 10.19 pm Arrived at LISPS Facility UNG JGRAND UNCTION, CO 81505 Track Another Package Tracking (or receipt) number rR 1-i ru f'U Ts - 1 -1 r-1 CI Postmark Rearm Receipt Fee (Endorsement Required) Hen rD (Endorsemente�quf� l7 Total P' ' DEKAM, JAMES R & ELLEN c ' Siriiel A 704 COUNTY ROAD 300 or PO ad r f -i PARACHUTE, CO 81635 Uo staI SeiyIc °CERTIelE[ (Dom• esticNAV Onfy Nahisur' Fardetiverylrlrorieationvisit'our webattiatwwvvitopseoilgs, Postage Certited Fre https://tools.usps.com/go/TrackConfirmAction.action?tReFfullpage&tLc=1 &text28777=... 3/30/2015 USPS.eoni® - USPS Tracking" Page 1 of 1 ta, I;zh Cu:torn.t &,rv:.to USES Meek, Register 1 Sign In USPS.COM' USPS TrackingTM Tracking Number. 70140510000117872259 Undated Delivery Day: Tuesday, March 10, 2015 E2Customer Service Have questions? 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CO 81858 Track Another Package Tracking (or receipt) number HELPFUL LINKS ON ABOUT USPS COM Contact Us About l;sps Hoare Eta index Newsroom FAQs LS PS Sieves Updates Form 6 Pubticat orts Government Seances Careers Copyr.pht l0 2015 USPS M R Sats Reserved Track ;Y 0510 0001 1787 4d .fi f ostt, €ERIF1 t=4r deNvery lofarf aoUon vie % oar website aI Www.us rem BOSELY SPRING CREEK RANCH LLC o i griaA PO BOX 26 AOBc WOODY CREEK, CO 816560-026 c`rrir�Fei httvs://tools.usas.com/Qo/TrackConfirmAction.action?tRef=fiillnaoPXrr! .t =1 Rrtext1R777 vzni7ni S Ad Name: 10996346A Customer: ELAM CONSTRUCTION Your account number is: 1095946 PROOF OF PUBLICATION THE RIFLE CITIZEN L'Z1b4�/7��UTELEeR4 STATE OF COLORADO, COUNTY OF GARFIELD 1, Michael Bennett, do solemnly swear that I am Publisher of The Rhe Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 3/5/2015 and that the last publication of said notice was dated 3/5/2015 the issue of said newspaper. In witness whereof, I have here unto y hand this 03/30/2015. Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 03/30/2015. g My Commission Expires 1110112015 Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 PUBLIC NOTICE TAKE NOTICE Mat tigetneyyoterg, P5 Pitaersorl ..E40NDi41Rfi,11aLL;IvmSd0510Z IKM gic, has appiled to tiarlintd County, to request an Amended Special Use Permit at Cho Una Gravel PS beaked In Sections 27, 33, end 34, Township 7 South, Range 98 West of the Bth P.M.. County of Garfield, Stale of Colorado; 00 -wit L.eg&.Dlraclobon: A tract of land situate In Sections 27, 34 and 33 of T. 7S., R.08 W. of the 5th P.M. and described as follows: Beginning at the Northwest corner of Section 34, T. 78. R 96 W of the 6th P.M., thence South along the West lino of said Sec- tion eo-tion 34 1273.0 last to fence corner, thence along fence S. 13.54' W. 254.4 feet, thence along fence S. 16° 59' W. 563.2 feet, thence atony S. or 29' 6.72.7 feet, thence along fence S. 23 40• E. 51.6 fest, thence 'tong lana 8.37' 29' E 952 feel, Chance along fora S. 73' 33' E 141.2 Feet to the West line of said Section 34, thence South along said Section line 266.5 feet to the center of Colorado River, thence along center of river S. 73' 56' E 847.9 feet, thence along center of river N. 60' 15' E. 229.5 fret, thence along center of deer N. 58'35' E, 290.7 feet, thence leaving river N. 14' 39' W. 261.5 teat. thence N. 34' 04' P. 87.1 feet, thine N.70' 18' 6.214.94 feet. thence N. 20' 13' W. 311.61 feet, thence N.75' 09' E. 458.40 feet, Mance S. 23' 40' W.11924 feet, thence 8.67'01' E.155.0 feet to the center of Colorado River, thence along center of river N. 43' 56' 6.291.7 fret, thence along center of river N. 61.40' E. 579.4 feet, Mena along anter of river N. 71.34' E 664.1 fest, thence along center of river N. 22' 49' E 374.3 feet, thence bong anter of deer N. 00' 32' E. 965.5 teat to the North tine of said section 34, thence along center of river N. 00' 06' 6609.5 feet, thence aloe anter of river N. 12.4T W. 725.0 feet to a action of the north line of lot 6, Section T. 7 S R 96 W., 6th P.M. thencep8.89' 32' W 1514.4 feet to the thence light-of-way long broad dpn 'the wary 6 55' 32 W. 835.9 tut to the West line of 561148W1/4 of said Section 27, thence S. 01' 35' E 1020.2 fast to the Southwest corner of said 13E1/4 SW1/4 Section 27 thence S. 80' 29' W. 1297.7 feet to the point of beginning. Q�;.318 County Road 300 - 4.5 miles Southwest o Parachute, Southeast of the intersection of CR 300 and Hwy 8 and Hwy 24 Descnotbn otRequest: Applicant seeks to amend the existing Special Use Permit expira- tion dale to allow intermittent use of a Not Mix Asphalt Batch Plant at the Una Gravel Pit. The ApplIant also seeks a waiver from Section 7-1001 H. regarding hours of operation. Ali persons affected by the proposed Amended Spedel Use Familiars Invited to appear beton the Planning Commission and Board of County Commissioners to slate their views, protests or support. It you cannot appear personalty at such hearing, then you are urged to elate your views by letter. The Planning Commission and the Board of County Commissioners will give corasideredon to the comments of surrounding property owner, and others affected, In deciding whether to op - prove, approve with conditions or deny the request. The appli atIon may be reviewed In the Communi- ty Development Department located at 108 8th Street, Suite 401. Garfield County Administration Building, Glenwood Springs. Colorado between the hours cf 8:30 e.m. and 5:00 p.m., Monday through Friday. Public hearings on the application hes been scheduled for Planning Commission on the 8th day of April, 2015, at 6:30 P.M. end for Board of County Commissioners on the 13th day of April, 2015 at 1 p.m. In the County Commission- ers Meeting Room, Garfield County AdministratIon Vul:dany,108 Sin Street, Glenwood Springs, Colo- rado. 51601, Coavnunlry Development Department Garfield County `ubl�n the Citizen Telegram March 5, 2015. 4.) E -a N Q 4-J m , 4-) fcs _c Q r.0 p N —� cn N ozs • (Iris 0 u ro �Lt) D EXHIBIT 9 L T; •O O o � N O p-, U c Eco co (ti E 4-0 O V 'n a O c-, pc ) 2. Waiver of 1001 H. 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E-4 �0 0. ca0 rca) O c�i 621 cd .d c.)o C ca cd b+'s:-+a O g00p 4+a cO,c�n anN> `+-1 O O U (3.) as g ,4'dcd3cn +-, C/) +-+ 00 app, � CO E .' l1 0 0 ca t o o'~ �-d Emr.,., bA O sO, Uo piris 0 m a �p��rdcn �n �° en fae,-1 a'0 ca ao a H ct H ''t N M d' 5. All lighting associated with the property shall be directed inward and downward towards the interior of the pro 6. Oversize/overweight vehicles shall obtain required permits from the Garfield County Road and Bridge Department. 7. All noise generated from the operation shall not exceed the maximum permissible limits set forth in C.R.S. § 25-12-103. v] Uri C/) .O W E as '-CZ CZ o tea) O U ca co coo ct •o A.� 'd° W a) 00 3 0.471 CO a.)".6 U v) P-0 ca o cn „ A O 0AV al aS P-1 0 01 0 oa 73Q �A A0 a:o Q U a••' rd C U a) co �(/) 'd0 o - •o •o En, v C co s� 04 Tit'° Ex�; U • A a I da) v4 aa) .° g "a o Uc, E P. 5 VI W 0 49 CZ Z -d d CZ c 0 a a) O �x c W c) -a co o 4J MSL (13 •- a) cn L 45 c a N N •,.....E E 0 V From: Dan Goin To: Kathy A. Fastlev Subject: Una Gravel Pit Date: Wednesday, March 18, 2015 3:13:18 PM EXHIBIT i & Kathy, This one is good with us we was going to have them bring the driveway up to standard by putting a apron on it but I just drove by it and they have already done that, So I think the entrance is good now. Dan Goin District 3 Foreman Garfield County Road and Bridge 0298 CR 333A, Rifle CO 81650 970-625-8601 March 19, 2015 Garfield County Kathy Eastley Garfield County Community Development Department RE: Una Gravel Pit - SUAA 8245 Vejetation Management Dear Kathy, Thank you for the opportunity to comment on this permit. Noxious weeds map & inventory Staff requests that the applicant provide a noxious weed map and inventory of all Garfield County listed noxious weeds. The current list is attached. Of particular concern on this site are tamarisk and Russian -olive trees. Weed management plan Please provide a weed management plan that will address the treatment of any inventoried noxious weeds found on site. Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625.5939 GARFIELD COUNTY NOXIOUS WEED LIST Common name Leafy spurge Russian knapweed Yellow starthistle Plumeless thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle Purple loosestrife Russian olive Also State Listed species: Scientific name Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynoglossum o icinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea diffusa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix parviflora Tamarix ramosissima Chrysanthemum leucantheum Aegilops cylindrica Cichorium intybus Carduus nutans Lythrum salicaria Elaeagnus angustifolia Absinth wormwood Artemsia absinthium Planning Commission and Board of County Commissioners Garfield County Administration Building 108 8th Street Glenwood Springs, CO 81601 March 15, 2015 EXHIBIT RE: Application of Rodney Powers, Bill Patterson, Ronald Tipping, and Elam Construction, Inc. to request an amended special permit at the Una Gravel Pit. Dear Planning Commission and Board of County Commissioners, We are property owners of a parcel of land in Section 34, Township 7 South, Range 96 West of 6th PM, parcel number 24093400044/Acct No R260022. We have received the public notice regarding the request to amend the existing special use permit expiration date to allow intermittent use of a hot mix asphalt batch plant at the Una Gravel Pit, and the waiver regarding the hours of operation. Our property is situated between the existing gravel pit and the Colorado River. As future residents of Garfield County and neighbors of the gravel pit property, it is extremely concerning to us that this amendment is being considered. Our property is currently unoccupied due to the necessity of our living out of state for employment. Our plan is to build our retirement home on this property, but this will certainly not be feasible if this asphalt batch plant is allowed to conduct operations at this site. Not only would the toxic pollutants be hazardous to the health of the residents in the area, but the unknown effects of over 10,000 pounds of particulate matter emitted per year on the fragile ecosystem of the Colorado River should be enough of a hazard as to disallow this request. According to a fact sheet published by the EPA, particulate pollution can cause serious health problems. Numerous studies have linked particulate exposure to a variety of problems, including premature death in people with heart or lung disease, nonfatal heart attacks, irregular heartbeat, aggravated asthma, decreased lung function, and increased respiratory symptoms, such as irritation of the airways, coughing or difficulty breathing. Environmental damage caused by particulate pollution is widespread due to the fact that the particles can be carried over long distances by wind, then settle on ground or water. This can cause lakes and streams to become acidic; it can change the nutrient balance in large river basins; it can deplete soil nutrients, damaging forests and farm crops; it can affect the diversity of ecosystems. Aside from the obvious environmental and health impact this plant would have, the financial impact it would have on us and any other local property owners would be devastating. It would most assuredly lower the property values, and most likely make any property unsellable. We would encourage you to not allow this hot mix asphalt batch plant to operate at the proposed location. Thank you for your consideration of our letter. Sincerely, T Hunter Christie Hunter 6300 Galena Avenue West Richland, WA 99353 970-689-9363 From: Gavle Lyman To: J<athv A. Eastlev Cc: Ivan Geer Subject: RE: Una Asphalt Plant Date: Monday, March 23, 2015 11:30:14 AM EXHIBIT 1 J Kathy In response to the Hunter's letter in which they expressed concern over toxic pollutants emitted from an asphalt plant, I offer the following. Any asphalt plant operating within the state of Colorado must first maintain an Emission Permit issued through and strictly regulated by the Colorado Department of Public Health and Environment — Air Pollution Control Division. Also, as a reminder that this proposal is for intermittent use for a maximum 120 working days per year. Thanks �itayIe 1i `mall Compliance Director Elam Construction, Inc. I Grand Junction Pipe & Supply I Sandco Inc. Office: 970.242.5370 Mobile: 970.260.9902 Fax: 970.245.7716 From: Kathy A. Eastley [mailto:keastley@garfield-county.com] Sent: Friday, March 20, 2015 4:27 PM To: Gayle Lyman Subject: Una Asphalt Plant Gayle, Attached is a letter that we've received from an adjacent property owner (one of the lots by the river). Have a great weekend. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley®garfield-county.com March 24, 2015 Ms. Kathy Eastley Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of Una Gravel Pit: SUAA8245 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Co Desi . n EXHIBIT Dear Kathy: This office has performed a review of the documents provided for the Special Use Amendment Application of the Una Gravel Pit. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The Applicant should provide evidence of permitting with CDPHE including any revision necessary to incorporate the proposed asphalt plant. 2. The application materials provide an estimate of traffic associated with the asphalt plant but no information on the existing traffic or how the increase would affect the existing roads. The Applicant should address the impacts of the proposed traffic to the current traffic and the existing roads. 3. The application materials mentions noise and State thresholds. The Applicant should address the noise levels anticipated, how those compare to the nighttime thresholds, and any mitigation measures that would need to be implemented. Feel free to call if you have any questions or comments. Sincerely, Mounygin Cross Engine nn Inc. isHale, PE 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com CO _OR ADO Parks and Wildlife Department of Natural Resources Northwest Regional Office 711 Independent Avenue Grand Junction, CO 81505 Kathy Eastley Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 RE: SUAA8245 Dear Ms. Eastley, Thank you for the opportunity to review the proposed temporary asphalt plant to be located at the current Una gravel pit outside of Parachute. Colorado Parks and Wildlife (CPW) appreciates the opportunity to be actively involved with the planning process through the solicitation of our input with regard to potential impacts to wildlife and habitat. CPW has a statutory responsibility to manage all wildlife species in Colorado; this responsibility is embraced and fulfilled through CPW's mission to protect, preserve, enhance, and manage the wildlife of Colorado for the use, benefit, and enjoyment of the people of -the State and its visitors. We encourage the operators of Una gravel pit and Elam construction to afford the highest protection for Colorado's wildlife species and habitats. Please consider the following comments in the development of this project. CPW is concerned with impacts resulting from the estimated 100+ truck trips occurring six nights per week during the nighttime hours of 6 pm to 6 am. With this high level of vehicle activity, there is a high risk of animal vs vehicle collisions, especially after dark. CPW recommends that efforts be made to reduce truck traffic such as the use of larger 24 -yard belly dump vehicles instead of smaller 10 -yard dump trucks. In addition, a voluntary speed limit of 45 mph (instead of the posted 55 mph on Highway 6) will also help reduce the risk of animal collisions as well. Noise and fugitive light are also a potential concern for wildlife. The CPW recommends that equipment be utilized on portable light plants to allow for only downcast light and that noise levels not exceed xx dbl (need some help on this) during normal operations. The proposed asphalt plant will be located approximately 0.25 miles from the Colorado River. This section of river is designed as critical habitat for several threatened and endangered native fish species. On-site spill kits and other equipment intended to reduce the risk of spill contaminates from reaching the river are recommended. Finally, an active bald eagle nest is located within 0.5 miles of the proposed asphalt plant. This nest is located outside of the CPW's recommended NSO buffer distance of 0.25 miles, however human encroachment within the buffer zone should be avoided until after July 315`. CPW appreciates the opportunity to comment on projects that may affect wildlife and their habitats. Please contact me by phone at 970-250-0873 if you need further information. Sincerely, Scott Hoyer, District Wildlife Manager Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Chris Castilian, Secretary • Jeanne Home Bill Kane, Chair • Gaspar Perricone, Vice -Chair • Date Pizel • James Pribyl • James Vigil • Dean Wingfield • Michelle Zimmerman • Alex Zipp EXHIBIT I N From: To: Subject: Date: Attachments: Roussin - CDOT, Daniel Kathy A. Eastlev Re: Una Pit at CR 300 Friday, March 27, 2015 5:21:39 PM 310096 L3.ndf Thank you for the opportunity to review the Una Gravel Pit. This development is on CR 300. CDOT does have an access permit for CR 300 (#310096). I have enclosed a copy of the permit. It appears that the development is within the means of the access permit. Therefore, no permit will be required because the volume is within the access permit. If you have any question, please let me know. thanks Dan Roussin Permit Unit Manager Traffic and Safety P 970.683.6284 I F 970.683.6290 222 South 6th Street, Room 100, Grand Junction, CO 81501 daniel.roussin@state.co.us l www.coloradodot.info l www.cotrip.org ISI ®i On Fri, Mar 27, 2015 at 9:14 AM, Kathy A. Eastley <keastley(agarfield-county.com> wrote: Good morning Dan, Did you have any comments on the referral that was sent regarding a request to allow temporary annual use of a portable asphalt batch plant at the Una Gravel Pit? Just thought I would check in with you. Thanks and have a great Friday. Kathy Eastley, AICP Senior Planner Garfield County Community Development COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CCOOT Permit No. 310096 Permit fee $0.00 Date of transmittal 6/8/2010 Region/Section/Patrol 3 / 02 / 09-2 Dave Jackson State Highway No/Mp/Slde 006 M / 70.500 / L Local Jurisdiction Garfield County The Permittee(s); Applicant: Ref No.: Garfield County High Country Engineering Fred Jarman . • Danial Dennison 108 8th Street 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Glenwood Springs, CO 81601 970-945-1377 970-945-8676 I's hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used In accordance with this permit, including the Stale Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority 11 at any time the permitted access and Its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and emp oye s shall be held harmless against any action for persona! Injury or property damage sustained by reason of the exercise of the permit. Location: Located on the north side of Hwy 6, a distance of 1,400' west of mm 70. Also known as CR300 Access to Provide Service to: (Land rise Code:) Muer Count) Nolo) 998 - County Road (Garfield County Road 300) -North Side 185 DHV Additional information: MUNICIPALITY OR COUNTY APPROVAL •Required only when the appropriate local authority retains issuing authority. _T Signature Print Name Title Dale Upon the signing of this permit the permittee herein. All construction shall be completed Initiation. The permitted access shall be being used. The permittee shall notify Rodney Graham Grand Junction, Colorado at (970) 683-6318, the State Hlghwa Nht-of-way. The .: son signing . a perm ee must be the owner accept t - •ermit a its terms nd conditions. agrees to the terms and conditions and referenced attachrrrents in an expeditious and safe manner and shall be finished within completed in accordance with the terms and conditions of the permit with the Colorado,Department of Transportation In at least 48 hours prior to commenting construction within or legal representative of the property served by the permitted access and contained -45 days from prior to have tell authority to Pennines S • .Diu , , -�I , { Print N e �,vt --i-o if UY)AR.k4 1- pate 7 Zt /o _t This permit '• not valid til sled by a duly authorized representative of the Department. COLORAD0 DEPA: = OF TRANSPORTATION - Signa' j� Pri`i NameTi PP—/ f//h1r, Date (of Issue) P ?-7-/O I C •°40--(7 //3atssaN or Copy Distribution: Required: 1.Regton 2App1 cant Make copies as necessary rat 3.S1aft Access Section Local Authority Inspector 4.Centrel Abs MTCE Patrol Trattio.Engineer rwlous edltfoni are obsa,ele and may not be used paiofS COOT Form 111tr1 5107 From: Gavle Lyman To: Kathy A. Eastlev Subject: RE: Una Asphalt Plant Date: Tuesday, March 31, 2015 2:26:30 PM Kathy, Please find below responses to review comments from the Colorado Parks and Wildlife, Mountain Cross Engineering and the Colorado Department of Transportation Colorado Parks and Wildlife Prior to responding to the CPW letter, I want to clarify a couple of statements made by Mr. Hoyer. In the third paragraph, Mr. Hoyer mentions truck trips occurring six nights per week. In the application to amend the Special Use Permit, Elam discussed operations occurring five nights per week not six. Mr. Hoyer mentions the posted speed limit on Hwy 6 as 55 mph. The actual posted speed limit is 50 mph. The posted speed limit drops to 40 mph approaching the round -a -bouts at the 1-70 interchange at West Parachute Response to comments The larger belly dump tractor trailer units will be utilized as much as possible. However, even with the belly dump units, there could be up to the maximum 110 truck round trips per day as stated in the application. Notification will be provided to drivers hauling at night to honor the CPW request to voluntarily reduce speed to 45 mph on Hwy 6. Lighting on portable light plants will be down cast as described in the application Spill kits will be available on site in the event there is a spill. The applicant is aware of the active eagle nest. Activity associated with the asphalt plant will be restricted to the area immediately surrounding the asphalt plant, including the material stockpiles and haul road accessing County Road 300. Activity associated with the asphalt plant is not expected to encroach within the buffer zone referenced in Mr. Hoyer's letter Mountain Cross Engineering Responses to Mountain Cross Engineering's comments utilize the same numbering system in order to align responses with the comments. 1. Asphalt plants are regulated by the CDPHE — APCD with the issuance of an Emissions Permit specifically to the individual asphalt plant. This permit outlines specific parameters under which the asphalt plant must operate. This asphalt plant Emission Permit is in addition to the Emission Permit issued by the CDPHE — APCD for the gravel mining operation. Once it is determined which asphalt plant will be located on-site, a copy of the Emission Permit for that specific plant can be provided to the County if required. 2. CDOT has issued a site access permit (#310096) for this facility with an allowed traffic volume of 185 Design Hourly Vehicles. With the proposed maximum daily truck round trips per day for the asphalt plant of 110, and assuming a ten hour duration of hauling material, a maximum of 11 truck trips per hour would be generated by the asphalt plant operation. Assuming those trucks are over 40 feet in total length, and applying the State Highway Access Code: a PCE of 3, a total of 33 hourly vehicle round trips (or 66 vehicle trips) would be applied towards the CDOT Permit limit of 185 DHV. Currently, the average truck round trips per day at the Una Gravel Pit is approximately 100, which is a combination of tandem axle dump trucks and belly -dump combination units. Over a 10 -hour day, this translates into 10 truck trips per hour. Again utilizing the State Access Code and applying a PCE of 2 to the dump trucks, and a PCE of 3 to belly -dumps, and assuming there is equal amounts of both trucks, an hourly vehicle count of 25 is calculated or 50 vehicle trips. Again, this count is well under the CDOT permitted 185 DHV. Combining the hourly truck traffic generated by the existing gravel pit operations and the asphalt plant yields an hourly vehicle count of 21 truck trips or a PCE of 116. Again this total number is well below the CDOT design of 185. With that said, the traffic associated with the asphalt plant is not expected to have a negative impact to existing traffic or roads. 3. State statutes require a maximum decibel level of 50 dB(A) at a property line during evening hours when an activity such as an asphalt plant operates near a residential dwelling. There are several factors considered when mitigating noise. Some of those mitigation measures include distance and buffering. The location of the asphalt plant, as proposed, will be approximately 1,500 feet from the closest residential dwelling. Material Stockpiles are also located between the asphalt plant and that dwelling. As an example of how these two factors work, the applicant (Elam Construction) has monitored noise levels during night operations at their Woody Creek site near Aspen in 2012. These night operations included operation of an asphalt plant and utilizing belly - dump trucks to haul the material to the job site. The closest residential dwelling was approximately 1400 feet from the asphalt plant, with noise readings taken at the property line 850 -feet from the asphalt plant. The asphalt plant was also buffered by irregular land forms. Noise readings were monitored randomly over seven nights between the hours of 10pm to 3:30 am. Noise levels were documented between 38.2 and 45.5 dB(A). The threshold, again for night operations is 50 dB(A). The use of material stockpiles as irregular landforms and distance is expected to provide sufficient mitigation for noise from the asphalt plant. In addition, heavy equipment used around the asphalt plant, such as loaders, skid -steers, etc, will be outfitted with a white -noise style back-up alarm, replacing the traditional beeping type back-up alarm. Thus further mitigating noise. Colorado Department of Transportation Comments acknowledged. No response required. Comments regarding Vegetation Management and The Hunter's have been previously submitted. I believe I have provided responses to all review comments. If you feel that I have overlooked a required response for a review agency not listed herein, please let me know. Thanks r a' le 11_1111 1111 Compliance Director Elam Construction, Inc. I Grand Junction Pipe & Supply I Sandco Inc. Office: 970.242.5370 March 30, 2015 EXHIBIT i0 Garfield County Kathy Eastley Garfield County Community Development Department Vett; etation Manajiement RE: Una Gravel Pit - SUAA 8245 — Additional comments based on March 30, 2015 site visit Dear Kathy, I had an on-site visit yesterday, March 30, 2015, at the Una Gravel Pit with Gayle Lyman, Compliance Director, Grand Junction Pipe and Elam Construction. Mr. Lyman showed me the areas that had tamarisk and Russian -olive infestations. Before the site visit you forwarded to me the following documents: • Noxious Weed Management Plan dated March 23, 2005 • Grand Junction Pipe letter to Colorado Division of Minerals and Geology dated June 8, 2005 • Colorado Division of Minerals and Geology letter to Grand Junction Pipe dated June 14, 2005 My comments are based on observations from my site visit yesterday and from the documents mentioned above. Noxious Weed Management Plan The plan was written in 2005. It appears to be written to apply to all of GJ Pipe's gravel pits, and while some of the recommendations are still applicable it is not site specific to this pit and the recommendations do not appear to have been followed on an annual basis. Current Assessment The heaviest infestations and the oldest growth of tamarisk are around the largest pond in the southwest corner of the permit area. The Weed Plan seems to imply that areas where all reclamation tasks have been completed and are awaiting adequate vegetation establishment prior to January 19, 2005 are "grandfathered" and exempt from tamarisk/Russian olive control as governed by the Division. Mr. Lyman indicated that the large pond was finished prior to 2005. Staff has concerns about the infestation around this pond and the potential spread of these noxious weeds. On the north side of the pond is a parking area where equipment has been stored. On the day of the inspection a stacker was in the parking area and was within 30 feet of the tamarisk infestation. This is a concern as the seed may get into the stacker and contaminate gravel thus becoming a vector for the spread of tamarisk in other, previously uninfested areas of the County. There are haul roads on the east and south sides of the large pond that are bermed. The berms have become infested with tamarisk, so again we have a potential vector for seed spread. Most of the newer ponds have some tamarisk around their perimeters. The infestations are relatively small at this point and could be easily managed with annual control efforts. 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939 There are areas within the active mining area that contain various aggregate and refuse piles. There is new tamarisk growth in these sites. Russian olive is rare within the active mining area, but there were a few trees observed and these could be easily managed at the present time. Staff recommendations Staff suggests that the applicant develop a schedule for the treatment of tamarisk and Russian olive on the entire site. It is not our expectation that the tamarisk and Russian olive be eradicated in one season, however we would like to see a treatment program developed an initiated this spring with a timetable for its application. Sincerely, Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939