HomeMy WebLinkAboutResolution 2015-09STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Co~ssioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Monday, the 12 day of January, A.D. 2015, there were present:
..,Jo .... h...,n._.M .... a ... rt_.i,....n ___________ _, Commissioner Chairman
~M~ik~c-S ... a~m~so~n __________ _, Commissioner
"""T=om"""""J=an=k=o .... v=sk"'"'y._ _________ __,, Commissioner
..... Fra ....... n .... k.-H .... u_.tfl .... e ... ss ____________ ____, County Attorney
.... Jea ....... n .... A~lb...,en ........ ·c..,.o __________ ___.. Clerk to the Board
:..:An=dr"""e..;..;w"""G::.;o ... r...,ge;;:..y,__ _________ _,, County Manager
when the following proceedings, among others were bad and done, to-wit:
RESOLUTIONNO. 2015-09
A RESOLUTION OF APPROVAL FOR THE FIRST AMENDMENT TO A LAND USE
CHANGE PERMIT (MPPA 7832) FOR EXTRACTION OF NATURAL RESOURCES
(SAND & GRAVEL) KNOWN AS THE "CERISE GRAVEL MINE"
PARCEL NO. 2393-2.53-00-158
Recitals
A. On July 5th, 2011, the Board of County Commissioners (the Board) of Garfield County,
Colorado, approved a Land Use Change Permit application submitted by Clifford Cerise Ranch
Company, LLLP (the '•Applicant') for Extraction ofNatural Resources (Sand and Gravel Mine). This
approval was memorialized in Resolution 2011-41.
B. On July 7, 2014, the Applicant submitted an application (MPPA 7832 -Major Impact
Review Amendment) to amend the approval granted by the Board in Resolution 2011-44. This
Resolution, with its findings, teems, and conditions shall replace Resolution 2011 -44 in its entirety.
C. The subject property contains aproaximately109 acres with the proposed gravel mine
occurring on a 65.48 acre site within the property which is depicted in Exhibit A The property is located
at the northeast comer of State Highway 82 and Crystal Spring Creek Road (County Road 103) and is
approximately two (2) miles northeast of Carbondale, Colorado in Section 25, Township 7 South, Range
8 8 West of the 6th PM, Garfield County and owned by the Clifford Cerise Ranch Company, LllP.
D. The 65.48 acre site is to be mined according to the mining plan described in the
application documents and graphically described in the attached Exhibit B.
E. The subject property is localed within the Rural Zone District and a Land Use Change
Permit for Extraction of Natural Resources requires approval through a Major hnpact Review Process. It
was detennined that the proposed amendments to the originally approved Land Use Change approval
(Via Resolution 2011-44) were considered a substantial modification and tbat an amendment would
require a new Major Impact Review application.
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F. The Board of County Commissioners is authorized to approve, approve with
conditions, or deny a Land Use Change Permit for "Extraction of Natural Resources" pursuant to
Sections 1-201 and 4-101 (G) of the Garfield County Land Use & Development Code of2013, as
amended.
G. The Garfield County Planning Commission opened a public hearing on September 24th,
2014 upon the question of whether the amendment to the approved Land Use Change Permit application
for Extraction of Natural Resources should be approved, approved with conditions, or denied, during
which hearing the public and interested persons were given the opportunity to express their opinions
regarding the application.
H. The Garfield County Planning Commission closed the public hearing on September 24th,
2014 and forwarded a recommendation of approval with conditions to the Board of County
Commissioners.
l The Board of County Cominissioners opened a public hearing on January 12, 2015 upon
the question of whether an amendment lo the approved Land Use Change Pcnnit application for
Extraction of Natural Resources shou1d be approved, approved with conditions, or denied, during which
hearing the public and interested persons were given the opponunity to express their opinions regarding
the application.
J. The Board of County Commissioners closed the public hearing on January 12t 2015 to
make a final decision.
K. The Board of County Commissioners, on the basis of substantial competent evidence
produced at the aforementioned hearing, has made the following findings of fact:
1. That lbe proper public notice was provided as required for the hearing before the Board of County
Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete, d1at all
pertinent facts, matters and issues were submitted or could be submitted and that all interested parties
were heard at the hearing.
3. The proposed use is in the best interest of the health, safety, and welfare of the citizens of Garfield
County.
4. That the application, if all conditions are met, can be in conformance with the applicable Sections of
the Garfield County Land Use and Development Code of2013, as amended
5. That the application, if all conditions are met, can be in conformance with the applicable Sections of
the Garfield County Comprehensive Plan 2030, as amended.
6. The 3:1 slopes are an appropriate deviation as per Section 7-1002(H)(3) of the Land Use and
Development Code of2013, as amended .
7. Pursuant to the authority set forth in Section 4-118 of the LUDC, a waiver is hereby granted from
Section 7-105 (Central Water Distribution and Wastewater Systems) finding that due to the unique
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nature of the intended use and specific circumstances herein, a waiver is granted from requiring a
permanent On Site Wastewater Treatment System (OWTS) and water well unless and until a concrete
batch plant is located at the Cerise Mine at which time the conditions of approval contained herein
shall render this waiver null and void.
RESOLlITION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
I. That all representations made by the Applicant in the application and at the public hearings shall be
conditions of approval unless specifically altered by the Board of County Commissioners.
2. That the operation of the facility be done 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. All equipment and structures associated with this permit shall be painted with non-reflective paint
in neutral colors to reduce glare and mitigate any visual impacts.
S. All lighting associated with the property shall be directed inward and downward towards the
interior of the property.
6. The Applicant shall install all signage as specified in Gene Coppola's Traffic Study
including: 1) stop sign (RI~ 1) placed on the access road approach to County Road 103; and 2) two
truck warning signs (W8~6) on the County Road l 03 approach to the site access road. The
Applicant shall also install IO mile per hour speed limit signs and No Jake Brake signs on the
access road and the haul roads within the site.
7. All vehicles using County Road 103 to access the Cerise Mine shall abide by Garfield County's
oversize/overweight system. All vehicles requiring oversize/overweight permits shall be obtained
from the Garfield County Road and Bridge Department.
8. Prior to the issuance of a Land Use Change Permit, the Applicant shall conduct a
geotechnical investigation of County Road 103 and based on this analysis, provide a
pavement section design to the Garfield County Community Development and Road and Bridge
Departments for review. The portion of County Road 103 that is lo be analyzed commences 200
feet north of the Cerise Mine's access road and continues south to the new access to the Powers Pit
and this portion of road shall be reconstructed to the proposed engineered design.
9. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide Garfield County
Planning Department with an APEN Permit from Colorado Department of Public Health and
Environment for the entire mining site.
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10. The reclamation plan of the site shall include using hydro-seeding with hydro-mulching and
tackifier for all slopes greater than S: 1.
11. The gravel pit shall be allowed to operate Monday through Saturday from 7:00 AM to 8:00 PM.
Crushing, digging and heavy hauling may only occur between 7:00 AM and 5:00 PM Monday
through Friday with heavy hauling also allowed from 7:00 AM to 5:00 PM on Saturday and
crushing and digging from 8:00 AM to 5:00 PM on Saturday. There shall be no operations on
Sunday except in the case of an emergency or for standard maintenance purposes.
12. All noise generated from the operation shall not exceed the maximum permissible limits set forth
in C.RS. § 25-12-103, except that noise shall not exceed 80 dB(A) during construction. The
adjacent land uses for purposes of determining the maximum pcnnissible noise levels that may
radiate from the site are: residential to the north; light industrial to the cast, industrial to the west;
and, light industrial to the south as shown in the Hankard Environmental report dated 11105/14.
13. The Applicant shaJl implement the following noise mitigation standards:
A. Noise berms/stockpiles at least 15 feet tall along the north permit line and eastern permit line for
Mining Phases 2 through 4. The eastern berm extends 250 feet south of the Riley property line
per the Bankard Environmental report dated 10117 /14.
B. While constructing these benns, earth moving equipment such as scrappers cannot operate
for more than 15 minutes in any one hour while within approximately 100 feet of the pennit
boundary.
C. Place a silencer on the dust collector blower that is situated on top of the concrete batch plant (or
build a sound absorbing barrier around it).
D. All generators shall be housed within noise reducing enclosures using commercial grade
silencers (i.e.20 dB insertion loss or more) per the Hankard Environmental report dated
10/17/14.
E. Use white noise back-up alllIIIIs on all United Companies mobile equipment per the Hankard
Environmental report dated 10/17/14. Backing up by contractor vehicles not outfitted with
these alarms should be minimized;
F. Conduct all construction and noise-producing activities related to construction, excavation, and
processing during the daytime (7:00 AM to 5:00 PM).
G. All construction equipment was assumed to be standard with standard mufflers and not-to-
exceed noise source levels as defined per the Hankard Environmental report dated 10/17/14.
H. The concrete batch plant should be located in the bottom of the pit for Mining Phases
4 through 6. The tower should be orientated such that the baghouse is on the southeast side and
the loading access point on the west side to provide at least 15 dB to 20 dB of noise reduction to
each of these sources in the critical directions per the Hankard Environmental report dated
10/17/14.
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15. Garfield County can request a site inspection with 24 hours' notice to the operator or property
owner. Full access to any part of the site will be granted. On request, all pennit related paperwork must
be shown.
16. A full list of all other permits shall be provided to Garfield County within 24 hours of its request. Any
person at any time can call the following agencies directly and request an inspection if he or she
believes a condition of that agency's permit is being violated.
A. Colorado Department of Public Health -Air Quality Control 303-692-3150
B. Colorado Department of Public Health-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. Colorado Department of Transportation. Grand Junction office 970-248-7000
17. The property owner and operator acknowledge that Garfield County has the following
perfonnance standards, and failure to comply with such standards could lead to revocation of the
Land Use Change Permit
A. All fabrication, maintenance and repair operations shall be conducted within an enclosed
building or obscured by a fence, natural topography or landscaping; exceptions are allowed for
emergency service and repair.
B. All operations involving loading and wiloading of vehicles shall be conducted on private
property and shall not be conducted on a public right-of-way.
C. All industrial wastes shall be disposed of in a manner consistent with statutes and
requirements of Colorado Department of Public Health and Environment;
D. 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; and,
E. Every use shall be operated so that it does 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. Other legal requirements for safety or air pollution
control measures shall be exempted from this provision.
18. The Garfield County Community Development Department 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 bas not been complied with and that bond
should not be released.
19. The reclamation bond that shall be held by the State Division of Reclamation, Mining and Safety
shall include the reclamation plan approved by the Board of County Commissioners. No Land Use
Change Permit shall be issued until proofof the bond is in place.
20. All of the conditions of the Garfield County Land Use Change Permit and the State Division of
Reclamation. Mining and Safety are binding. The State Division of Reclamation, Mining and
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Safety can withhold the reclamation bond if the final reclamation is not executed according to the
plans.
21. The Applicant shall be required to submit a report annually of the gravel operation for Garfield
County Community Development Department Staff review, until such time as the release of the
reclamation bond. Upon review of any deficiencies pursuant to conditions of approval or other
local. state, or federal pennits, Staff may forward the report to the Board of County Commissioners
for full review of the Major Impact Review Permit. This report shall include 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. This map shall be overlain on the approved site plan which
includes the approved phasing area locations, and mine permit boundary. Copies of annual reports
required by and submitted to other agencies will be attached to the annual report submitted to the
Garfield County Community Development Department.
22. The Applicant shall meet all applicable Colorado Department of Public Health & Environment
regulations for a non-transient, non-community water system when the number of individuals
using the potable water well is more than 24.
23 . The Applicant will provide Garfield County Community Development Department with copies of
all equipment relocation notice provided to the Colorado Department of Public Health and
Environment, Air Potlution Control Division.
24 . Prior to the issuance of a Land Use Change Permit an Emergency Preparedness Plan sbatl be
submitted to the Garfield County Community Development Department for review.
25. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit a final Storm water
Management Plan to the Garfield County Community Development Department
26. The site shall have certified wildlife proof dumpsters.
27. The Applicant shall implement Best Management Practices to ensure air quality impacts are
minimized and meet CDPHE permit requirements.
28. All trucks operating in the gravel mining operation (including third-pany trucks not operated by
the property owner or operator), shall be subject to the following:
A. All trucks ascending or descending the hau1 route shall not e7ecccd ~ceds of 10 mph;
B. Alt trucks descending the access road on-site and County Road 103 approaching State
Highway 82 shall not use engine Jake Brakes to decelerate;
C. All truck drivers, independent or employed by the Applicant shall be briefed on the conditions
above and shall agree to operate within the requirements of these stipulations; and,
D. The Applicant shall set up a series of progressive consequences for drivers that fail to comply
with the above conditions.
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29. Aggregate extraction activities will not take p]ace at both the Powers Pit and the Cerise Mine at the
same time.
30. An asphaJt batch plant shalJ not be allowed within the property unless approved by Garfie]d
County pursuant to the Garfield County Land Use Code in effect at the time of the request.
31 . At such time when the Applicant desires to relocate the concrete batch plant .from the Powers Pit to
the Cerise Mine, the Applicant shall construct an office with restroom facility served by potab]e
water from a permitted water well on the property. This restroom facility shall also provide waste
water service through a permitted OWTS permitted through Garfield County._Permits for the
OWTS sha11 be applied for six months in advance of the concrete production plant transferring to
the site. The OWTS will be constructed prior to any concrete production at the batch plant. Further,
the concrete batch plant may only be reJocated to the Cerise Mine under aJl the following
conditions:
a. The lease at the Powers Pit is no Jonger in place or within 12 months oftennination;
b. Mining at Cerise bas reached maximum depth (approximately 90 feet below naturaJ grade)
having at ]east a 3 acre area for which to locate; and
c. If and when the concrete batch plant is located to the Cerise Mine, the Applicant shall drill
a permanenl water well and provide the results demonstrating quantity and quality of the
well to the Garfield County Community Development Department for Lheir review.
Dated this_d__ day of f ~ ... • A.D. 20 /4-.
ATI'EST:
Clerk
Upon motion duly made and seconded the fi
fo11owing vote:
COMMISSIONER CHAm. JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
STATE OF COLORADO )
)ss
County of Garfie]d )
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I, County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
m WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this __ day of A.O. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
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Exhibit A: Legal Description located in Page 299 of Book 641 of the Clerks and Recorders Office:
Township 7 South, Range 88 tiest .· 6th P. M". :
PARCEL t -.CRYSTAL SPRI:NG ·LOWER RANCH
Section· 25·: Lots 4 and 12 .· . .
section 26 : · · Lots ·?, ~, 9. and ·1.0
Excepting the followi'l}q: -~~sc:;:ib~d .tracts of land, to..,.wit·:
. •
( 1) A tract of -la
0nd . conveyed to David S. James by
deed d~ted November · 5, 1907, rec::o.rded . as Document No .
37532 in Bqok ~9 at ·Page ·95 o~ the Garfield County
records, containing 49 '.007 acres, more or less. . . '
( 2) A tract of·. l.anci con:veyed to Anthony J;>inqs. by
Deed dated Febr~ary 3, X917 and recorded as Document
No. 57960 in ~ook l:PO. at P~ge E?OB of the GarfXled ..
County reco.rds, con~ainii:i-9 2 .16 acl;'eS c more or less.
. .
Together with•.a strip' of land . o.f sµffici.::nt width for.
pur~os~s of-constructing, laying and maintaining a pipeline
2,500 fe~t long ~n ·a gu~ch runni~g ~orther~y _from the above
descr.ibed prdperty, tQgetlier with wa:ter rights. connected . . • ·
therewith, as _ particularly described in ·a warranty deed from
oavi·d s .. Jam.es to Samuel-Ge;igel,·dated October 25, 1901 and
-recorded as Document No.'24367 in Book 45 ~t Page 198 of the
Garfi~;Ld County records. · ·· . . '
~~gether ·with an~.anq: ali ditch and water.rignts belong~n~
to1. ·used upgn, ·or in connection with the. above described ..
. pri;:>perty·. ·• . : · · · ." : · ·' . : , •
Ali 0£ the: ab"a.ve d~5Fribell prop~~ty contains ll.O acres', more
or·l.ess. , .
.,PARCEL II -·:cR.YST~ SPRING UPPER RANCH
.~ection 24 : ·
Except the'. following :'described: tracts of land, to-wit:
'.•
t 'f" • I • ~
+ 't • • ·~ •: ••
r (J.)-A~ tract &f 1and s1tuated .i.n ··r..ot 2 of said
Section :24, more .pcil;'.tict,tlarly desc.ri·bed as beginning at ·.
the. Nb.r.th . Qua:rt~;r· ~Orner of Si!lid : S~ction · 24 whence a
brass' ·~ap foUnd'-. 4.n plaC:e ·anq ·property marked. for ~he
w~ tz:iesii ~·or~~r ·;to · tp~ NbJ;:th. Qu°j:q:·ter corner of. ~a:id
Sect~on .. 24 ,bears s. --so."54'45,.·E.· 32.52 feet; thence s •
. 89°·5·4 .'45".Ei ~ l:33S .•. 36··f.:;e·t·'.al,ong.the·Northerl.y bOundaFY .
. . :line .of ,sa.icl'.~Section· 24 'tO the· Nortne'aGt Corner of sud
· . ·Lot "-!2; ·~thence · s. 09.~5.3 * o-J. ''· w. 4 g 3. 4•( feet alr>ng · the · .
· East(!rl.y . boundary .. 1iri.e ·of said :Lpt 2 .; thence s. 84 ° 20 '4 9"
w •. 539.49 feet; thence s. 34°25'58" w. 733.S9 £eet;
·thenc~ No. S7°2l.'5.8" W .• ·3a·7·,26 feet to th'e cente,rline
of ·said s~cti·on 24; thence N. 00°33'15'.' E. J.136.21 feet
.. alc;m·g ··the centerlin~. of .said secFion 24 to the point of
be9inn:}.ng, corlt.ainiz:ig 2·4. 5 8 ac;-!'!s more or less. . .
(2)' Beginning a·t ~ point pn the .North l:in·e of Lot
:: , -~ i:n ·~aid:' ;sect~.on . 24 a .,~istance· of 14?. ~eet East of the
' .
9
· ...
·<<." · >·: ~~~·~ll~est ·.co~ner: .of. ~a-:(d L~·t:· 6-/-th~de ·so.uth ._310 .. ;eet;
:· _. ":.' ;.\ .,~e~~e-·E.a~t 1~ ... fe~~; · \:li_e~q~. Nor~~-~~Q. ~eet to .. th~' Nor:th
.. · : .:·. ~:~ne · o,f _s ·aiq Ldt · 6 ·and. ,t~ence.-. .'Wes~-: .25 ~ee t . to the place
... \· ·9f '.be9in~iit9.·· ,· .. · · .. : .: · ·. · .. -, . ~ ... . ..
···: .... .: .. (3·) . "A ttact .o·f,:~an(·j,·q· Lot 6 ·of said Sect.ion '"24 .
·. 'descri:b~d .as'.beg.inn·~n.g".at: ·a· .P9,:i,nt on .th~ nor.tfi . line of .
sa":i:d ·Lot .6 a 'distance :of· 11·0 ·feet east· of the Northwest
corner .of said i.o't 6 ~ ·,thence' South 310 feet., thence . . .
.:East so :fee.t, 'thence .Nor.th . 310 fee.t to the :north .. line .
of i'..ot 6 ;-.thenc·e West so ... feet',· to the place ·of beginn:lrig. ·. : =. . • . . . ..: . . : .. ~ ~ :. .. . . . :. . . . .--.·.. . • . '. .
.. · ·Tcige~fu~r. ·with :.~ri ea,s~in~nt dr .;:ight·,o~ ·w~y ten ~e.et in· .wid~h,·
.. · a.,l~ng., ~he .W.est~~ly boutjdary .. ·o.f tnat parj: .. of 's;;tid Lot 2 ~bov~.
· · · p~~cr~J?ed .. ~o~ th.e ·:i ~sl:?·~l~t"io~,. :.rnai11-t~.naric~·.and repair o~ a . ·· . •
·.; . bui:_~ed ·:·w~ter.: ·p~p·e1~~: ~!fd-. an .e~se~~t ... ?S .. fee~ square· ?-n: · µi~ · :·.
·northeast ·cor:ner o'f:"the 24-..se ·:acre tract" :of land in said Lot ... ·
, 2·.lierein described; fo-r°~th~·:1?'urpp·s·e :of .. installation,.nia1ntenance ·
. ~nd. repa.i~. !=if.· 'a ·bu:i:i~d .-w.iter s...;ipply· ~an~.. . .. : ·:· .. . . . .
·. Tp~e~her. with ;~ri; . .-a·~~--~1.i ·~~tch a~d ·w~t~r rlghts b~lo~_~ing
tci.1 .. used upon. o~ 'in ·99nn~cti~n with .... the ·above described '..
property,. -inc1-..~din'9 . but .. ·n·ot exclusive.iy, an interest in tiie
c & .. ·M"·Dftch, peing .. eitch. No. 92,. with Priority N.o. 128 ~ and
.the c :&; F Enlargement ·of the C .. & M ·Ditch and P.riority No.
218JiL · . .
,J. • • ••
T9getner with: ~ ·gi;az.in·g. permi~ on ~he Whit~ ·R°iver ·Nat;~on~l .
·Forest for 34 head of .cattle ·on the Coal .Basin Allotment;·
b~iQg a· .head .of yeailin9s ~d 26 head of 'cow· ahd calf and a .
gr:azin.9' permit on '.the White. River Na,ti:oria;L Forest for 101 -
: !h!!ad of cattle i~· the .North Thqmpsori Allo~ent, being 1.1 ..
: ·hEj!ad .of yearlin-g~ and 99 Qead of .c:ow and ~alf.. . • ·
. . . . ;· . . . . . .. .•
.All .of ·.the above described property .coptains 70.67 ac~es, .. -moi;e or ·· +ess. · .·
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Exhibit B: Mining Phases for the Cerise Mine
11