HomeMy WebLinkAbout7.0 Resolution 2012-93il ftrrfl$,itllfllllil lill,Llll HffiI!lrtl!l,,} lll,{ llllI', Reception$: 82796312tq4l2@12 10:38:58 All Jean Alberico1 of 19 Rec Fee:g@.00 Doc Fe.:0.00 GARFIELD COUNTY C0
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commlssioners' Meeting Room, Garfield County Administration Building
in Glenwood Springs on Tuesday, thel3th of November A.D' 2012,there were present:
John Martin -- , Commissioner Chairman
MikeSamson - - .- ,Commissioner
forn lankor.tu ,Cornmissioner
and."* Cotg".u , CountY Manager
Frank Hutfless. .,. .- , County Attorney
J.r. AIb..i." , Clerk of the Board (absent)
when the following proceedings, among others were had and done, to-wit;
RESOLUTT9N No. "1c ie-I 3
A RESOLUTION OF APPROVAI. FOR A I,AND USE CHANGE PERMIT FOR
EXTRACTTON OF GRAVEL ON A 287,94 ACRE PROPERTY OWNED BY THE
DOLORES (DEE) B. BLUE REVOCABLE TRUST AND DEE BLTJE LOCATED AT
!4682STATE HIGHWAY 82 IN SECTION 25, TOWNSHIP 7 SOUTH, RANGE 88
WBST OF THE 6TH P.M., GARFIELD COUNTY
PARCEL /V().S # 2393'254-00-265 anil Z39J'254-00-285
Recitals
A. The Board of County C<lmmissioners of Garfield County, Colorado, (Board) received
a request for a Land Use Changc Permit to allow for Extraction as further described in the
ixisting Site (Exhibit A), Mining-Ptun, - Phase I -4 (Exhibits B, C' D, and E), and Reclamation
ftan 1E-xtribit L;, Erosion Control Plans (Exhibits F and G), arrd Larrdscape Plan (Exhibit H)'
B. The ,.Blue pit" is located within a 247.94 acre parcel of land owned by the Dolores
(Dee) B. Blue Revocable Trust and Dee Blue. The ownership of this property is described in a
ip""iut Warranty Deed found at Reception Number 7EO76l in the records of the Garfield County
Clerk and Recorder.
within unincorporated Garfield County in the Rural
and 2.5 miles northeast of the Town of Carbondale'
C. The subject Property is located
zone district, at 14682 State Highway 82
Colorado,
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D. Extraction of gravel may be permitted in the Rural zone district with Major Impact
Review.
E. The Board is authorized to approve, deny or approve with conditions a Major Impact
application resulting in issuance of a Land Use Change PLrrnit pursuant to the Unified Land Use
Resolution of 2008, as amended.
F. The Board of County Commissioners opened a public hearing on the l3th day of
November, Z0l2 for consideration of whether the pioposed Land Use Change Permit should be
granted or denied, a*i,rg which hearing ttre puttic and interested persons were given the
ipportunity to express their opinions regarding the request'
H. The Board of County Cornmissioners closed the public hearing on the l3th day of
November, 2012 to make a final decision'
I. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
l. That the proper public notice was provided as required for the hearings before the
Planning Commiision and Board of County Commissioners'
2. That the hearings before the Planning Commission and Board of County
commission€rs were extensive and complete, that all pertinent tbcts, matters and issues
were submirted or could be submittcd und thut all inteiested parties werc heard at those
meelings.
3. That for the above srated and other reason.s the proposed Land Use Change Permit for
Cravel Extraction irr the "Blue Pit" is in the best interest of the health' safety'
cgnvenience, order. prosperity, and wellare of the citizens of Garf,reid County'
4. That with the adoption of conditions, the application is in general conformance with the
2030 CornPrehensive Plan.
5. That wirh the adoption of conditions, the application has adequately met the
requirement. of tt" Cu.field County Unified Land i1se Resolution of 2008, as the same
had been amended al the time the application was deemed by the Building and Planning
Department to be technically complete'
6. The requested modification of Dryland slope standards from a slope of 5:1 to 3:l is in
conformance with the purpose statement of Section 7'840'
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RESOLUTION
Now THEREF,RE, BE IT RE''LVED by the Board of county commissioners of Garfield
County, Colorado, that :
A. The forgoing Recitals are incorporated by this reference as part of the resolution'
B. The Land Use change Permit for Extraction related to "Blue Pit" is hereby approved
subject to compliance u'ith the following conditions:
1, That all representations made by the Applicant in the application,. and at the public
hcaring b"ior* the Board of County Cornmissioners, shail be conditions of approval'
unless specifically altered by the Board of County Commissioners'
2. The operation of the facility shall be in accordance with all applicable Federal' State'
andlocalrcgulationsgovcrningthcopcrationofthistypcoffacility.
3, Thc facility shall bc opcratcd so that the ground vibration inherently and recurrently
generated is not perceptible. without instruments, at any poinl ol any boundary line o[
the property on which the use is located'
4. AII industrial wastes shatl be disposed of in a manner consistent with statutes and
requirements of CDPHE'
5. prior to the issuance of a Land Use Change Permit, the Applicant shall submit the
followinginformationtotheBuildingandPlanningDeparttnent:
a. A revised ..Weed Control Plan Map" identifying the ]ocations of Musk Thistle'
Plumeless Thistle, Houndstongue' and Common Burdock'
b. The colorado Division of Reclamation, Mining and safety ("D.RMS") Final
ReclamationPlan.ThisshallbetheonlyReclamationPlanusedbyboththe
CountY and DRMS'
c. Proof of a bond, calculated to cover the DRMS Final Reclamation Plan' and secured
with the DRMS'
d. A coPY of the final DRMS Perrnit'
e. A *will Serve" letter from Mountain Roll offs, Inc. or other sirniiar service
provider.
f. An Emergency Preparedness Plan'
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g' Drainage calculations for the sizing of an infiltration pond to be constructed in the
bottom of the pit including runoff volume, surface areas, depths, and predicted
infiltration rates of the site.
6. Prior to the mining of Phase 2, Applicant shall:
a. Plant one hundred and fiorty (140) trees on the screening berrn on the north side of
the project and install an eight (8) foot tall fence around the trees for wildlife
protection.
b. Relocate the cxisting farm road along the west and north property lines.
c. Provide the Building and Planning Department with an approved and stamped plan
and agreement with the Basin Ditch Cornpany to reroute the Basin Ditch.
7. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially
interfere with the existing use of adjoining and nearby property or which consrirures a
nuisance or hazard.
8. 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.
9. All lighting associated with the property shall be directcd inward and dorvnward
towards the interior of the property.
10. All fabrication, service and repair operations shall be conducted within an enclosecl
building or obscured by a fence, natural topography or Iandscaping.
I 1. All buildings and equipment shall be screened or obscured lrom view of the Wooden
Deer Subdivision by installation oI'benns and planting of trees (cottonwood. pine or
their equivalents) which trees, at the time of planting, shall be at leasr ten (10) feet in
height and spaced upon ten (10) foot cenlers.
I2. All noxious weeds as listed by County Vegetation Manager shall be controlled in any
areas of the property not bcing actively mined at that time, including top soit piles and
areas where mining has been discontinued for rnore than thirty (30) days.
13. The Reclarnation PIan and Landscape Plan for the site shall show areas seeded using
hydro-seeding with hydro-rnulching using tackifier for all slopes greater than 5:l as
required by Section 7-840 of the ULUR.
14. The dryland seeded areas shall be irrigated to assist in the establishment of this seed
rnix.
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15. The County acknowledges that the State Division of Reclamation, Mining and Safety
("DRMS") will require a reclamation bond for the operation. The County will nol
require a separate bond; however, the County reserves the right to require a bond in the
future in the event the County determines the bond held by DRMS is inadequate or has
been released prior to completion of adequate reclamation. The County shali 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
Reclarnation Plan (Reclamation Plan Map) shall include the following components:
a. When reclaimed, Phases 2,3, and 4 shall be constructed to a minimum 3:l slope.
See the Reclamation Plan Map of the application for the layout of these arEas. This
shall be required to be shown on the Final Reclamation Plan approved herein and
tendered to the DRMS.
b. The Applicant shall use "contemporaneous reclamation" as discussed in the
application. If the reclamation does not follow the Mining Plan or has not been
completed within eighteen (18) nronths, all mining operations on the property shall
be halted until the reclamation and revegetation has occurred to the satisfaction of
the County. Completion shall include but not be limited to recountering, top-
soiling, seeding, and rnulching.
16. The Appticant to adhcre to the Wildlife Mitigation report conditions, see attached
Exhibit I,
17. The Applicant shall either replace or upgrade the existing ISDS to serve 20 to 30
employees upon the issuance of a building permit for a ncw scale house.
18, The gravel pit shatl be allowed to operate Monday - Saturday, with crushing, digging
and heavy hauling only occuning between 7:00 AM to 5:00 PM Monday through
Friday; heavy hauling from 7:00AM to 5:00PM 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 ptlrposes.
19. All noise generated lrom construction at the pit (including construction of acccss roads,
top soil removal and storage, set up stationary equipment such as crushers, screens, and
engine generators, installalion of utilities, and construction of earthen noise barrier
berms) shall not exceed the Industrial Zone noise standards defined in the CRS such
that noise shall not exceed 80 dB(A) frorn 7:00 AM to 5:00 PM and 75 dB(A) from
5:00 PM to 7:00 AM when measured 25 feet outside of the Property Boundary.
20. Atl noise generated from production at the pit (including hauling and processing of
materials) shall not exceed the Residential Zone noise standards defined in the CRS
such that noise shall nol exceed 55 dB(A) from 7:00 AM to 5:00 PM and 50 dB(A)
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ftom 5:00 PM to 7:00 AM when measured25 feet outside of the Property Boundary.
21. The Concrete Plant shall remain in its current location in the bottorn of the pit on the
eastern end ofPhase l.
22. Primary Crusher:
a. The primary jaw crusher shall be located at all times on the pit floor and as close as
is practicable to the noilhern-most slope. If the primary jaw crusher cannot be
located adjacent to the toe of the northern slope, then sound shall be mitigated with
a 30 feet berrn of material left in place or a sound wall system;and,
b. Owner or Operator shall use reasonable efforts and implementable technology to
minimize sound emanating from the primary crusher.
23. All in-pit haul trucks and excavating equipment used by Ou'ner or Operator instant to
rnining operations shall be equippcd with "white noisc" or similar backup alarms or no
less effective alarm equipment. Standard backup alarms, as to the above identified
equipment shall not be utilized.
24. Applicant shall adhere to the following recommendations of the Garfield County Road
and Bridge Depafiment:
a. A stop sign shall be required at the entrance to the County Road I04, The sign and
installation shall be as required in the MUTCD (Manual on Unilolrn Traffic Control
Devices) per the current edition as adopted by Garfield County.
b. The owners of the gravel pit may be asked in the future to contribute to a road
repair or improvement project for County Road 104. Such contribution shall be
determined based on the Applicant's propofiionate share of average daily vehicle
trips as measured on County Road I 04 at the intersection of County Road 104 and
County Road 103, not to exceed 75% of the overall cost of the project. Such
request for contribution shall occur during the applicable term of the Land Use
Change Permit.
c. All vehicles using CR 103 and CR 104 to access the gravel pit shall abide by
Carfield County's oversize/overweight system. All vehicles requiring
oversize/overweight permits shall apply for them at Garfield County Road and
Bridge Department.
25. All trucks operating in the pit (including third-party trucks not operated by the Owner
or Operator, shall be subject to the following:
a. All trucks shall have and maintain stock muffler systems that are perlornring to
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original martuf'acturcr's specifltcations. This can be determined and verificd by
sirnple visual and auditory inspection of the truck'
b. All trucks ascending or descencling the haul route shall not exceed speeds of l0
mph.
c. All trucks descen{ing the haul route or approaching the haul route access on SH 82
shall not use engine Jake Brakes to deceleratc'
d. All truck drivers, independent or employcd by the applicant shall he briefed on the
conditions above and shatl og*. io operate within the requirements of these
stipulations.
e. The applicant shatl set up a series of progressive consequences for drivers that fail
to comply with the above conditions: after three violations any trucker shall be
prohibiied from entering the pit for a time period of not less than one year'
26. All operations involving loadilg and unloading of vchicles shall be conducted on
privatl property and shall not be conducted on a public right-of-way.
2?.The Owner or Operator shall submit an annual report to the Counly Building and
Planning Department with cPS measurements shown on a map showing the current
disturbancc, what areas have been backfrlled, where topsoil stockpiles are located, all
site structures, what areas have been seeded, mulched, and what is planned for the
ensuing l2 months. This annual report shall also include: l) an updated estimate ol
gravel rescrves remaining within the pennitred boundaries and within each Phase; and
11 tn. irnpl.mentarion of-any antl all technology within the Pit to mitigate or otherwise
reduce noise, dust or other impacts to sunounding properties' The Owner or Operator
shall, within one year prior to commencing mining operations within any Phase or ten
years since the most recent public nreeting. whichever is sooner, schedule before the
-gOCC
a public meeting to review the statui of mining and processing operations and to
provi<le ihe eitizens Jf Garfield County the opportunity to comment upon such
operations.
28. The County can request a site inspection with twenty tour (24) hour's notice to the
Operator or eroperty Owner. Full access to any part of the site willbe granted'
29. A full list of allother permits and any paperwork nec€ssary to demonstrate compliance
with all applicabte Federal, State, and local rcgulations, including this Resolution' shall
be providei to the County within twenty four (24) hours of a request by the.County'
Either the counry or a citizen may contact the following agencies directly and request
an inspection if tirey believe u.ondition of that agency's permit is being violated'
^. CDPHH Air Quality Control - 303-692-3150
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Division of Reclamation, Mining and Safety 303-866-3567
CDOT. Grand Junction Office - 97A-248-7000
Dated this
-b--"t^ rr^-A.D, 20
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L
ATTEST:GARFIELD TY BOARD OF
GARFIELDCOMMIS
DO
Upon motion duly made and
following vote:
by the
COMMISSIONER CHAIR JOHN F. MARTIN .Ave
COMMISSIONER-MIKE SAMSON . AYe
COMMISSIONER TOM JANKOVSKY -.---.-----.--.-.Aye
STATEOFCOLORADO )
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County of Carfield )
I,, County Clerk and ex-oflicio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid. do hereby ccrtify that thc
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garficld County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affrxed the seal of said
County, at Glenwood Springs, this day of A.D.20_.
County Clerk and ex-officio Clerk of the Board of County Commissioners
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These cumulative changcs wilt tikely decrcase suiability of rcmaining hsbitct formosl
spcoies, though prolific] rdrpteblc spccies sucb as cottontail rabbits, red fox srd a
or*U"i of songUta spccies may persist or evem incrcasc in abrrndauoc. Pbttntial cfrccts
rnd opportunifet po*O by the proioct for the key spocioe idcntified in Sectisu 5 ue
discussed below,
M\le Dce{EilCBtt: Sinee both mulo dcct ornd clk make pdmrry uro oftto Proporty
@'t"rrrfts, mit uinceryintcrhabiathasboenld*nified ulhcCificgl ...
iory-oncot for herd surtsinability ia aruch of the Stalq fta propoocd_dovolopment will
Iikoly have soms minor uegativu'offecte to both species. HOwOvo, alncc the siiiilins -
habtiat cortsists of inigateaiay ftctdg thc hoperty ls of limitoA valuc as wintertange for
thosc species in any oiont. ltitigation measuris thxprofrotc au increaso tho shrub and
trce ooilpononts oithe uodevelJped vegoativc cmnuuity and c'reato addiHonsl covor
and fccd rceources (whlch woutU Uc avAUUte above suowpack ln scverc winters) would
bc of grtat bsnefit to mulc docr, though lcss ro for clk. Tho critical paranetcr in this
instanL will be to timit vegprstloo $rnoml in all pbases ro nininizc lisrurbEDce at 8[y
poitt in tlnc and to techid dishrbcd arcas with a variety of grrsa and fotb lpeciec as
quickly as possible after mlniug activities ceass.
Bald Egglg: The absence of tall snags ard uaturc trcc spcoies on the Properly, its
OisUlce from the Roariog Fork RivJr, existiug urban dcrrclopment north of the sito, and
the plcthora of superior tr-aUttat aloug tbe rivcrcorridor itself all sigpificartly limi the
suitability of this iito for Bald eaglei, Furtherr, available habian for key prey spcoes on
whioh eaglos dcpond is also limitid on tho Proporty. Ihe pmposed mining operation is
very ualikcly to aogatlvcly afftct bold oaglos in atry way-
7,0 Poteutial Mtdeatlou Me,s.spres-
Sincc muc[ of the opon epace and ounontly avai]ablc habilst on the Propsrty will bc
impactod dudng mimng o-pcratioos, thoso areas that remain uarlktr:rbod orwhich can be
rcoiaimed will become increasingty important. .Tte chief post+niuing objective is to
reclaim as much of tho site ar pansible to agricultural production natchingtbo cuncnt
coudition now fouod on the Property. There may also bo an opporU:nity to develop
multiple habiat prametors in the aiea, creatiug diversity and microolimBtos sltitabls for I
broad variety ofptant speoies thet serve as both forage and security cover as well as
travel corridors connecting fragmenled habitate.
Protestign
First aaa toremost will be protecting thoso atoas drrlng consruction actilitics to
minimize loss of vogstallon and minimizo eoil emsion potcntlal while adjaccnt ere8s arB
being dovcloped. $il ilisturbanoc dudng constructioo invitcs noxious wocd invasiou on
euniunding areas and prornotes establicineut of a sccd-source on the conetrilotion sito.
Tbercfore, weed moniioring and an adivo, multi-facctcd control program should be
implcureaied concurrent with sonstructiott activiti€s. This would involve bi-weekly
monirorlng durirrg the growing season throughout ollphaaes of oonstrustio0 to ropitlly
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ideatify wied spJoics as they try to cctablish thernselves, followed by immedlate confiol
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Jaan nlbericoDoc Fce 0.00 GERFIELD COUNTY CO
efforts rrtilizing mcclanicrl and chernieal couuol merhods as apprcpricte: ftc Proponqar
has akeady developed m integrstcd w€ed cottrcl ptan dotlili4t wced idearificrtion aod
appropriue coutlol mea!rurcr for cach spocios to which coltractors Euit Edhere during
the coasnuctj on process.
Ons final protcctiye Bossuro could iacludc petrcctrictiors, w.tich should be erforcod by
disallowing e,mployees to bring dogs onto tho jotsire to prevem dooosrio doga ffom
ruring at-large aad harassing wildlifo.
Enhaaceu-99!
Once nfuing operatiors on atty phaso have been corryletod, tfrat aror should bc reclaimed
as quiokly as posrsible. For areaa of the tloparty to bc ronrracd to agriculnrral production,
the area should be contouod appropriatoly fbr maximum irrigatioD efficioacy, inigatioo
cspability restorcd to tho uite, soils rehlmed to their proper locatioos (last out, flrst in) aad
all disturbed Ereas resecdsd wi6 a gresJegume bay rnlxtr.rc. Qpical mixtures inolude
orchardgrass, tiraothy, smootb brooc and elfslfa.
For those areas not suitqblo for agjroduorion, thoce sltos shsuld bere-seedod with an
rypropriate sead miroro co'ntaining spcoics tlat are adapted to the soil and clirnatic
conditions of 6at particular site, and wbich will eslablish quiekly. compete well with
potential noxious woe& afid provide a proforcd food source for nativo wildlifo in the
arca. The frmdauen'tal idca is to formulate a seed mix with corpononts ttrat will
ostablisb quickly toretain exposed soils and provent erosio$ and othcr couponants tbst
will remaia established long-terrq able to coilpeto wlth poteotially invadve spccios, and
yet a thind couponent that will offcr a nutritiour and polatable fced sourse fbrthe
targeted eirildlife speciee. Specific seed mixes and planting rates could be easily
developed for rpecifie site conditions around the Proparty. However, for the puposes of
ttis report, suoh a mjx for the Carbondale rcgion gonerally should include Intcrmcdiatc,
Wosl€,m and Slender whoatgras{te8, Sheop fcscue, muftongrasq Necdlc.and-Thread.Si8s,
Small bulet, a dryland-adapted alfalfa, a contingcnt of ctovar specics and saiitfoin.
Plantirg rate should be about 20 lbs/PlS/acrc.