HomeMy WebLinkAbout1.09 Project DescriptionCerise Gravel Pit
June 2014 — Volume I
Garfield County Land Use Change
Major Impact Amendment
By
Clifford Cerise Ranch Company, LLLP
Represented by:
MOTTO
COMPANIES
United Companies
Greg Lewicki And Associates, PLLC
...x
11541 Warrington Court Phone: (303) 346-5196 Fax (303)-346-6934
Parker, CO USA 80138 E -Mail: info@lewicki.biz
Cerise Gravel Pit
June 2014 — Volume 2
Garfield County Land Use Change
Major Impact Amendment
By
Clifford Cerise Ranch Company, LLLP
Represented by:
United Companies
Greg Lewicki And Associates, PLLC
11541 Warrington Court Phone: (303) 346-5196 Fax (303)-346-6934
Parker, CO USA 80138 E -Mail: info@lewicki.biz
Table of Contents
VOLUME 1
1. Application Form and Fee 1
2. Agreement for Payment 2
3. Proof of Ownership 3
4. Statement(s) of Authority 4
5. Letter(s) of Authorization 5
6. Mineral Ownership Documentation 6
7. Neighboring Landowner Map and Address List 7
8. Pre -Application Conference Summary 8
9. Project Description 9
10. Responses to Article VII Applicable Standards and Criteria 13
11. Vicnity Map 41
12. Site Plan 42
13. Grading and Drainage Plans 43
14. Stormwater Management Plan 49
15. Geotechnical Information 50
16. Soils Information 51
17. Erosion and Sediment Control Plan 52
VOLUME 2
18. Landscape Plan 53
19. Impact Analysis 54
20. Phasing of operation 61
21. Traffic Study 63
22. Water Supply and Distribution Plan 64
23. Wastewater Management and System Plan 65
24. DRMS Reclamation Bond Discussion 66
25. SPCC Plan 67
26. DRMS Correspondence Regarding 112c Permit 68
27. APPENDICES 69
1. APPLICATION FORM AND FEE
1
2. AGREEMENT FOR PAYMENT
2
3. PROOF OF OWNERSHIP
3
4. STATEMENT(S) OF AUTHORITY
4
5. LETTER(S) OF AUTHORIZATION
5
6. MINERAL OWNERSHIP DOCUMENTATION
6
7. NEIGHBORING LANDOWNER MAP AND ADDRESS LIST
7
8. PRE -APPLICATION CONFERENCE SUMMARY
8
9. PROJECT DESCRIPTION
Introduction
The Cerise Gravel Pit is a sand and gravel pit located on the Clifford Cerise Ranch Co, LLLP
(Cerise) property north of Highway 82 and east of County Road 103. The landowner is
submitting an amendment to the Major Impact permit (Resolution 2011-44) with Garfield
County to reduce the scale of overall activities at the mine This includes a reduction of full time
employees, a reduction of the amount of equipment present most of the year, a new berm layout,
a new mine plan, and a reduction of the maximum disturbed area. The reason for these
reductions is the operator's desire to reduce the impacts of the operation as part of operational
costs savings.
United Companies (United) will be the operator of the pit. The landowner and operator are both
represented in this application by Greg Lewicki and Associates (GLA) of Parker, CO.
General Description
United Companies is developing the Cerise Gravel Pit to supply Garfield County and
surrounding communities with construction materials. The production of construction materials
such as concrete, asphalt, and road base requires a source of quality rock. The Cerise property is
such a source. It will be operated over the course of 15 to 20 years as a supplier for United's
operations in the area. The entire operations will be contained within the 65.48 acres approved in
Resolution 2011-44.
The Cerise Gravel Pit will be operated as a rock source, as opposed to a final product supplier. It
will send crushed and cleaned rock to facilities at other, already permitted, sites. No asphalt or
concrete will be produced at the Cerise Gravel Pit. Therefore it will only require two full time
employees year around to maintain the site. During activities in the production season additional
United employees will be on site as needed. The reduction in employees from the approved
resolution 2011-44 will eliminate several of the facilities in the original approval. The potable
water and septic systems will no longer be needed, along with the large employee parking lot.
Equipment and Facilities
Below is a revised list of equipment and structures anticipated to be used at the Cerise Gravel Pit.
This is an estimate, and may change over the course of operations in order to facilitate the
mining and reclamation plans.
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Equipment Structures
Full time
Loaders 1 Scale 1
Temporary
Loaders 3 Portable crushing plant 1
Dozers 1 Portable wash plant 1
Scrapers 2-4 Trash dumpster 1
Grader 1 Portable toilets 2-4
Water truck 1
Only a loader and scale will be located on site full time, as most of the year the pit will not need
to be running at full production. Equipment needed to produce material during the construction
season will all be portable, and only present for the time needed to satisfy demands at the time.
This will also serve to reduce the number of full time employees needed on site to two. The
potable water well and septic system will not be needed due to United providing portable toilets
and bottled water to employees on site during operations. Process water and dust control water
needs will be satisfied by leased BWCD water.
Consistent with the Garfield County Code, the Cerise Gravel Pit will operate 7:00 a.m. to 8:00
p.m. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7:00
a.m. to 5:00 pm allowing for administrative and maintenance activities to take place until 8:00
p.m. No operations except emergency maintenance to ensure the integrity of operating
equipment will take place on Sunday.
Mining Plan
Reducing the ongoing impacts of mining activities at the Cerise Gravel Pit will be accomplished
primarily by reducing the ongoing mining footprint Mining will be conducted over the course of
six phases. The first three phases (1A, 1B, & 1C) will all have disturbance during the initial
mining, and are therefore grouped (see Mining Map 1). Overburden from these first three phases
will be stored in a pile located on the northern two-thirds of Phase 1C. Topsoil from these areas
will be stored in a topsoil storage berm and pile along the southwest sides of Phase 1A, 1B, &
1C.
Processing equipment will be placed in Phase 1B initially, once the topsoil and overburden has
been stripped. Mining will be conducted in Phase 1 A initially, in a benching style down 25 feet
at a time. Once mining in Phase 1A has been completed to the first bench, stockpiles and
processing equipment will be moved into Phase 1A to facilitate the mining of the first bench (25
feet deep) of gravel in Phase 1B. This procedure will be repeated, transferring mining and
processing operations back and forth between Phase lA and 1B until reaching 6224' in
elevation, roughly 65 feet from the existing surface. See Mining Maps 1 and 2.
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Once mining of Phases 1A and 1B is complete, most the overburden stockpile will be removed
and used to backfill Phase 1A to the original topography. A portion of the overburden will
remain as a 15 foot tall berm on the north side of the Phase 1C mining area. This berm will
provide a visual buffer between the active mining area and neighbors north of the operation.
Mining of Phase 1C will proceed in a similar bench fashion as previous phases, 25 vertical feet at
a time. Once mining in Phase 1C reaches the same floor level Phase 1B and 1A, processing
equipment and stockpiles will be moved onto the Phase 1C floor to allow for mining of further
benches in Phase 1A and 1B. Processing equipment and stockpiles will be replaced in Phase 1B
once it has been mined to its maximum depth of roughly 100 feet (elevation 6190'). Ground
water is expected to be near 105 feet, but the operator commits to staying two feet above ground
water. In the event it is encountered, exposed ground water will be buried with at least two feet
of material. Processing facilities and stockpiles will remain at that location in Phase 1B & 1C for
the remainder of the mine's life. Phase 1C will then be mined to match the Phase 1 A and 1B
floor elevation of 6190'. See Mining Map 2.
Phase 2, 3, and 4 will be mined in benches to the final floor elevation of 6190' (see Mining Maps
4-6 in The Site Plan). As mining progresses through the site, reclamation will be conducted
behind the mining. The backfilling of Phase lA is an example of this. The northern highwalls of
the pit (north side of Phases 1B, 1C, & 2) will be backfilled to the final reclaimed slopes of
3H:1V. This reclamation will conducted concurrently with mining, to minimize the ongoing
disturbed area. Due to overburden quantity limits, the east and south side of the mining area will
be mined to 3H:1V, and as such will only require topsoiling and seeding for reclamation (in The
Site Plan, see Mining Maps, the Cross Sections, and the Reclamation Map).
An overburden berm will be built along the north side of Phase 2 to provide visual screening (see
Mining Maps 4-6 in The Site Plan). This will be a continuation of the berm built during the
mining of Phase 1 C, and be 15 feet tall. Overburden stored in this berm will be used in final
reclamation. Most of the original topsoil berm will remain in place until final reclamation, since
topsoil stripped from most mining will be immediately used in reclamation in mined out areas.
Both the overburden and topsoil berms will be used in final reclamation to complete backfilling
and topsoiling as needed.
Reclamation Plan
Reclamation will occur concurrently with mining activities during most of the mine's life. This
will help to minimize ongoing disturbance area of the operation, which will limit the impacts at
any given time. The ongoing disturbance area fluctuates as seen in the table below.
End of mining in Phase 1 A
End of mining in Phase 1B
End of mining in Phase 1C
End of mining in Phase 2
End of mining in Phase 3
End of mining in Phase 4
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Area (acres)
22.2
22.2
19.9
29.7
31.4
28.2
See Map
Mining Map 1
Mining Map 2
Mining Map 3
Mining Map 4
Mining Map 5
Mining Map 6
Based on these areas, the peak of disturbance is at the end of mining of Phase 3, when 31.4 acres
of ground are disturbed as part of all operations. This is significantly less than the nearly 60 acres
of maximum disturbance in Resolution 2011-44.
Mining and reclamation will take place over a period of roughly 18 years, but will likely
fluctuate based on market demands for material. Table 1 - Mining and Reclamation Timetable
shows the reclamation quantities and sequence at the Cerise Gravel Pit. Based on mining
beginning in 2014, the Cerise Gravel Pit operation will complete mining and reclamation 2032.
This is based on approximately 375,000 to 500,000 tons per year (average of 437,000 tons per
year), which is the same rate as in Resolution 2011-44.
Table 1 - Mining and Reclamation Timetable
Description
Years of
Mining
Build topsoil berm and overburden stockpile. Revegtate berm and pile
immediately upon completion. Mine out Phase 1A and 1B.
1.7
Mine out Phase 1C phase after backfilling Phase 1A. Topsoil and
revegetate Phase 1A.
3.4
Reclaim most of Phase 1B and some of Phase 1C while mining Phase
2.
5.9
Reclaim Phase 2 while mining Phase 3.
4.7
Reclaim Phase 3 while mining Phase 4.
2.2
Reclaim remaining disturbed areas such as berms and the scale area.
0.3
18.2
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10. RESPONSES TO ARTICLE VII APPLICABLE STANDARDS AND CRITERIA
This section contains the Article VII standards applicable to the Cerise Gravel Pit and responses
to those applicable standards by the applicant.
Following is a listing of the applicable standards/criteria found in Article VII of the Garfield
County Land Use and Development Code (Garfield County Code). Portions of code are quoted
in italics, with the response following. Inapplicable portions of Article VII are not included.
Section 7-101 Compliance with Zone District Use Restrictions.
The land use change complies with applicable zone district use restrictions and regulations in
Article III, Zoning.
The Cerise property is in the Rural Zoning District and a gravel extraction facility is considered a
permitted use subject to Major Impact Review.
Section 7-102 Compliance with Comprehensive Plan and Intergovernmental
Agreements.
The land use change is consistent with applicable provisions of the Garfield County
Comprehensive Plan and any intergovernmental agreements between the County and a
municipality that applies to the area where the use will occur.
The Cerise Gravel Pit will be consistent with the Garfield County Comprehensive Plan 2030.
The Cerise property is zoned Rural. However, according to CRS 34-1-305(1), "no board of
county commissioners, governing body of any city and county, city, or town, or other
governmental authority which has control over zoning shall, by zoning, rezoning, granting a
variance, or other official action or inaction, permit the use of any area known to contain a
commercial mineral deposit in a manner which would interfere with the present or future
extraction of such deposit by an extractor." Therefore, per State law, the mining of the aggregate
mineral resource must occur prior to any other developed use, which, in this case, the County
indicates should be residential.
In addition, below is a listing of the applicable provisions from Section III, Part 9 (Mineral
Extraction) of the Garfield County Comprehensive Plan 2030 followed by an explanation of how
the Cerise Gravel Pit will comply with the stated goal, objectives, policies and programs.
The Clifford Cerise Ranch Co, LLLP owns the Cerise property and they want to exercise the
right afforded them by CRS 34-1-305(1) (as quoted above) to mine the sand and gravel resource
found on their property. Therefore, they signed a lease with United Companies to have them
mine the property.
The Cerise Gravel Pit plan has incorporated the following mitigation measures into their plan to
address the impacts of mineral extraction on surrounding private property owners:
Access to the site will be onto County Road 103, south of any residential streets or driveway
access, so the majority of trucks coming and going to the site on County Road 103 will not pass
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any existing homes (the only time trucks will drive north on County Road 103 would be to
deliver materials to a site in that direction).
There is a significant elevation difference between Highway 82 and the elevation of the Cerise
property where the mining will occur. As a result, this ridge will serve as a screening "berm"
between the mining activity and the highway and all other land south, southeast and southwest of
the site.
Berms will be built using topsoil and overburden from Phase 1(A -C). These berms can be seen
on Mining Maps 1-6 located under Site Plan.
United will use portable crushing and wash plants throughout the mine's life. These plants will
be located on the pit floor close to the mining activity. No asphalt or concrete plant will be part
of the Cerise Gravel Pit.
All State and County noise standards will be met.
All State air quality standards will be met and the appropriate air quality permits will be
obtained.
The site will operate during the hours of operation as permitted by the Garfield County Code.
Topsoil and overburden piles and berms will be constructed at the beginning of the mine life.
These berms and piles will be part of visual screening that will evolve over the course of the
operation to reduce visual, dust, and noise impacts while maximizing the area that can remain in
operation as agricultural as mining takes place. The activities at the Cerise Gravel Pit will be
conducted in a manner that minimizes their impact.
Garfield County, to the extent legally possible, will require adequate mitigation to address the
impacts of mineral extraction on adjacent land owners. These measures may include the
following:
A. Landscaping and screening;
B. Modification of phasing or area to be mined;
C. Roadway improvements and signage;
D. Safe and efficient access routes;
E. Drainage improvements to project surface and groundwater.
The Cerise Gravel Pit is proposing each of the above described measures as follows:
A. Vegetated berms will be provided on the north and west edges of the property to help
screen the mining activities from off-site.
B. Crushing operations will take place near the active mining highwall on the pit floor
throughout the life of the mine. Mining will progress in a phased manner that will
facilitate concurrent reclamation and a minimization of ongoing disturbed area.
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C. A traffic study was prepared for the project and all improvements and signage
recommended in the study will be installed.
D. The site will access onto County Road 103 which connects to Highway 82. The access is
located along County Road 103 where there is good site distance and trucks using the
access will not need to pass any existing homes as they travel to and from Highway 82.
United did not propose a direct access to Highway 82 as that could generate safety
concerns.
E. A drainage report was prepared for the property to ensure that surface water will be
properly handled so as to not create an impact on surrounding property owners. No
groundwater will be exposed with the mining of the site.
Garfield County, in coordination with relevant special districts, authorities and municipalities,
will require that developers of energy or mineral extraction projects finance the construction
and operation of any public improvements which, now or in the future, will be required by their
projects.
United will enter into a public improvements agreement with the County to address United's
financial obligations for public improvements required as a result of the Cerise Gravel Pit.
Dust, odors and fumes should be contained within the extraction site generating such emissions
and should not negatively affect any surrounding land use.
United will meet all applicable State and County regulations pertaining to dust, odor and fumes.
Any proposal regarding mineral extraction that cannot mitigate adverse impacts may be denied
based on a finding of incompatibility, for the following reasons:
A. Adversely affecting the desirability of the immediate neighborhood or the entire
community.
B. Impairing the stability or value of existing adjacent properties;
C. Adversely affecting the quality of life of existing adjacent residences;
D. Showing a lack of quality or function in operational planning and/or design;
E. Creating a public danger or nuisance to surrounding areas;
F. Altering the basic character of adjacent land uses or the entire community.
United will mitigate potential adverse impacts and has taken steps to make the Cerise Gravel Pit
compatible with adjacent land uses. We respond as follows to items A -F above:
A. Prior to purchase by United, Lafarge West had been operating the Powers Mine (which is
right next to the Cerise Gravel Pit site) for the last several years and has a record of being
a good neighbor, having not received complaints about the Powers operation from
neighbors. In addition, the Powers Mine existed prior to the residential development that
has occurred around it and so the homeowners knew that mining was in the area when
they purchased their homes Mining will be complete at the Powers Mine prior to start up
at Cerise. Therefore, the character of the area will not be changed by the Cerise Gravel
Pit. Instead, United's aggregate mining activities will just continue in the area. However,
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it is very important to point out that the way that United will mine the Cerise site will be
different than how the Powers site was mined New techniques and technology will be
utilized so that the mining activities will result in less impact and the mine site will be
easier to reclaim.
13. The Cerise Gravel Pit will not impair the stability or value of existing adjacent residences
because mining existed in the area before the residences were built. Mining as a land use
is just continuing in the area because that is where the gravel resource in the County is
located. The Comprehensive Plan for the County clearly indicates that the property has
"Aggregate, Sand and Gravel Potential". While home owners have a choice as to where
to buy or build a home, the gravel industry cannot decide where the aggregate resource is
located and State law indicates that the resource must be mined prior to using the land for
any other use.
C. United is taking steps to mitigate potential impacts of the mine on surrounding property
owners so that the mining operation doesn't diminish the quality of life those property
owners have always had since their homes were built in an area with active aggregate
mining
D. United will utilize their best management practices to mine the Cerise site so that they are
good neighbors as they operate in a manner that is both efficient and environmentally
conscientious. United always strives to exceed industry practices and stand out as a world
leader in their mining practices. In laying out the mine plan, United's goal was to
maximize the amount of reserve mined from the property while minimizing the impacts
of mining on surrounding properties. Following are some specific ways that United will
demonstrate high quality operational planning and design at the Cerise Gravel Pit.
E. Mining of the Cerise Gravel Pit will be conducted in a phased fashion to minimize the
disturbance of the existing agricultural fields on the site. While these fields will obviously
be disturbed by excavation at some point, until it is necessary to remove the gravel under
a specific field, it will be left in place as active agricultural space. As can be seen in the
Site Plan, this approach will create an ongoing operation that is a combination of
undisturbed fields, active mining area, and reclaimed area behind the mining. Concurrent
reclamation will take place to accomplish this. This approach reduces the ongoing
impacts created by the operation.
F. Concurrent reclamation will consume overburden and topsoil as quickly as is practically
possible. The need for large semi-permanent stockpiles of overburden is reduced by this
method, and therefore the visual negative of such large stockpiles is not present. Topsoil
generated by the initial mining (that will be used in final reclamation) will be stored in
berms that will be vegetated immediately on construction to minimize their visual
disturbance.
United will utilize the latest mining and processing techniques at the Cerise Gravel Pit and there
will be no lack of quality or function in operational planning and/or design.
As is described above and throughout this narrative, significant steps will be taken by United to
mitigate potential negative impacts; no public danger to surrounding areas will be created by the
Cerise Gravel Pit and all nuisance related issues will be mitigated.
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The basic character of the community will not be altered with the mining of the Cerise property.
Aggregate mining is an existing land use in the area that has existed longer than most of the
adjacent residential uses in the area. United will be reclaiming most of the Powers Mine when
they begin to mine the Cerise site and Western Slope Aggregates will be concurrently reclaiming
the Blue Pit as they proceed through their mining operation. Therefore, the overall acreage of
land that will be exposed for mining will be very similar to what it has historically been in this
area.
In addition, according to Section 9 of the October 9, 2013 version of the Garfield County
Comprehensive Plan 2030 document, the Mineral Extraction Vision states:
"Resource extraction, including oil and gas development, has been encouraged to remain in the
county due to their contribution they make to the county's overall goal of having a diverse and
stable economy. While resource industries are welcomed in the county, they have been expected
to fairly mitigate negative impacts that might have resulted due to their operations."
United has been positively contributing to the Garfield County economy for many years. They
currently operate at various mines throughout Garfield County. The Cerise Gravel Pit,
will allow United to continue to provide employment to the current employees of the
Powers Mine (which is reducing in operations) as well as many third party employers
who utilize United products in their work. The Cerise Gravel Pit will allow United to
continue to provide aggregate construction materials needed in the County.
In addition, as stated above in response to the Garfield County Comprehensive Plan 2030
Objectives, United will be taking steps to mitigate potential negative impacts associated with the
Cerise Gravel Pit to prevent impacts on the surrounding properties.
Section 7-103 Compatibility.
The nature, scale, and intensity of the proposed use are compatible with adjacent land uses and
will not result in an adverse impact to adjacent land.
Please refer to the "Section 7-840, G: Compatibility with Surrounding Land Uses" response on
page 36 of this Narrative for a complete explanation of how the Cerise Gravel Pit will be
compatible with other uses in the area.
Section 7-104 Source of Water.
All applications for Land Use Change Permits shall have an adequate, reliable, physical, long-
term, and legal water supply to serve the use, except for land uses that do not require water, or
that contain Temporary Facilities served by a licensed water hauler.
United has an agreement with Basin Ditch Company Water for Basin Ditch water to be used to
supply processing and dust suppression needs of the Cerise Gravel Pit. Bottled water will be used
for employees during operations. The Water Supply and Distribution section of this application
contains more detail on this topic.
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A. BOCC Determination.
The BOCC, pursuant to C.R.S. sr 29-20-301, et seq., shall not approve an application for a
Land Use Change Permit, including divisions of land, unless it determines in its sole
discretion, after considering the application and all of the information provided, that the
Applicant has satisfactorily demonstrated that the proposed water supply will be adequate.
Nothing in this section shall be construed to require that the Applicant own or have acquired
the proposed water supply or constructed the related infrastructure at the time of the
application.
B. Determination of Adequate Water.
The BOCC's sole determination as to whether an Applicant has an Adequate Water Supply to
meet the water supply requirements of a proposed development shall be based on
consideration of the following information:
The documentation required by the Water Supply Plan per section 4-203.M;
A letter from the State engineer commenting on the documentation provided in the Water
Supply Plan per section 4-203.M;
Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of
acquiring water for or expanding or constructing the infrastructure to serve the proposed
development; and
Any other information deemed relevant by the BOCC to determine, in its sole discretion,
whether the water supply for the proposed development is adequate, including without
limitation, any information required to be submitted by the Applicant pursuant to this Code
or State statutes.
To meet the needs of the operational consumptive uses at the Cerise Gravel Pit site, United will
lease water from the Basalt Water Conservancy District for use at the Cerise Gravel Pit. Please
see Water Supply and Distribution for documentation that the Basalt Water Conservancy District
approved United's request to lease water. In addition, as part of United's lease to mine the
Cerise property, they have access to 33 acre feet of Basin Ditch water. A copy of the lease
between United and Clifford Cerise Ranch Co, LLLP with information about the availability of
the Basin Ditch water is also included in Water Supply and Distribution. The Basin Water
Conservancy District has also agreed to allow United to deliver leased water needed via the
Basin Ditch.
Bottled water and portable toilets will be brought in to serve the potable water needs of
employees.
Section 7-105 Central Water Distribution and Wastewater Systems.
A. Water Distribution Systems.
a. The land use shall be served by a water distribution system that is adequate to
serve the proposed use and density.
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b. Where water service through a Water Supply Entity is not physical or
economically feasible, a central well and distribution system is preferred over
individual wells.
c. A Central Water Distribution System is required if.•
i. The property is located within 400 feet of Central Water System, the
system is available and adequate to serve the proposed development, and
connection is practicable and feasible; or
ii. The residential development consists of 15 or more dwelling units.
Process and dust water will be delivered to the site via the Basin Ditch, which runs along the
north side of the site. Potable water for employees will be brought on site by United in the form
of bottled water and portable toilets. See Section 29: Water Supply and Distribution for more
information. No other water requirements exist for this site.
A. Wasterwater Systems.
a. The land use shall be served by a wastewater system that is adequate to serve the
proposed use and density.
b. Every effort shall be made to secure a public sewer extension. Where connections
to an existing public sewer are not physically or economically feasible, a central
collection system and treatment plant is preferred.
c. A central wastewater system is required if
i. The property is located within 400 feet of a Sewage Treatment Facility,
the system is available and adequate to serve the proposed development,
and connection is practicable and feasible.
ii. The property is not suitable for an OWTS. Septic systems are not
permitted on parcels less than 1 acre in size.
The Cerise Gravel Pit will have portable toilets for the use of employees on site. See the
Wastewater Management Section for more details.
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Section 7-106 Public Utilites.
A. Adequate Public Utilities.
Adequate Public Utilities shall be available to serve the land use.
B. Approval of Utility Easement by Utility Company.
Utility easements shall be subject to approval by the applicable utility companies and, where
required, additional easements shall be provided for main switching stations and substations.
The Applicant shall work with the utility companies to provide reasonably- sized easements
in appropriate locations.
C. Utility Location.
Unless otherwise provided in this Code, the following conditions shall apply to the location
of utility services.
Underground Location. All utilities except major power transmission lines, transformers,
switching and terminal boxes, meter cabinets, and other appurtenant facilities shall be
located underground throughout the development unless it is demonstrated to the satisfaction
of the BOCC that compliance is impractical or not feasible and will result in undue hardship.
Easement Location. As applied to Subdivisions and Exemptions, all utility lines, including
appurtenances, shall be placed either within roads or public rights-of-way.
D. Dimensional Requirements.
Easements centered on common Rear Lot Lines shall be at least 16 feet wide.
Where an easement abuts a Rear Lot Line that is not the Rear Lot Line of another lot, or that
is on the perimeter of the development, the easement width shall be a minimum of 10 feet.
Where inclusion of utilities within the Rear Lot Line is impractical due to topographical or
other conditions, perpetual unobstructed easements at least 10 feet in width shall be provided
alongside Lots Lines with satisfactory access to the road or Rear Lot Line.
Where easements are combined with a water course, drainage way, channel, or stream and
the use would be in conflict with drainage requirements or Wetlands, an additional utility
easement of at least 10 feet in width shall be provided.
Multiple use of an easement is encouraged to minimize the number of easements.
E. Dedication of Easements.
All utility easements shall be dedicated to the public. Drainage easement may be dedicated to
either the public or to an HOA.
F. Construction and Installation of Utilities.
Applicants shall make the necessary arrangements with each service utility for the
construction and installation of required utilities. Utilities shall be installed in a manner that
avoids unnecessary removal of trees or excessive excavations, and shall be reasonably free
from physical obstructions.
G. Conflicting Encumbrances.
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Easements shall be free from conflicting legal encumbrances.
No new public utilities are to be constructed as part of the mining and reclamation plans at the
Cerise Gravel Pit. Existing utility easements are shown on the Pre Mining Map found under the
Site Plan section.
Section 7-107 Access and Roadways.
All roads shall be designed to road design standards set forth in Section 7-307 and all roads
shall be reviewed by the County Engineer.
A. Access to Public Right -of -Way.
All lots and parcels shall have access to a public right-of-way.
A new lot or parcel is not proposed with this Major Impact Review application; however, the
Cerise Gravel Pit will have access onto County Road 103.
B. Safe Access.
Access to and from the use shall be safe and in conformance with access standards set forth
in the [title of new road/bridge standards]. Where the land use change causes warrant(s) for
improvements to State or federal highways, the developer shall be responsible for paying for
those improvements.
The site access into the Cerise Gravel Pit site is located along County Road 103 in a place that
will allow for safe site distances. United will be responsible for improvements to the County
Road 103 and Highway 82 intersection and all other improvements that, according to the traffic
study, are required to accommodate the Cerise Gravel Pit.
C. Adequate Capacity.
Access serving the proposed use shall have the capacity to accept the additional traffic
generated by the use safely and efficiently. The use shall not cause traffic congestion or
unsafe traffic conditions, and all impacts to the County and state roadway system shall be
mitigated through roadway improvements or impact fees, or both.
The proposed access into the Cerise Gravel Pit has been designed with the appropriate radii and
width to accommodate the truck traffic that will be generated on the site. The Traffic Study
included with this application addresses the anticipated impacts to County Road 103 and
Highway 82 and the improvements that are required to mitigate those impacts. United will work
with the County regarding the need for impact fees due to traffic generated by the Cerise Gravel
Pit.
D. Road Dedications.
All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They
will not, however, be accepted as County roads unless the BOCC specifically designates and
accepts them as such.
No public rights-of-way are part of the Cerise Gravel Pit.
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E. Impacts Mitigated.
Impacts to County roads associated with hauling, truck traffic, and equipment use shall be
mitigated through roadway improvements or impact fees, or both.
Noted.
A. Design Standards.
Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows:
1. Circulation and Alignment. The road system shall provide adequate and efficient
internal circulation within the development and provide reasonable access to
public highways serving the development. Roads shall be designed so that
alignments will join in a logical manner and combine with adjacent road systems
to form a continuous route from 1 area to another.
2. Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of
200 feet between off -set intersections, unless otherwise approved by the County.
3. Street Names. Street names shall be consistent with the names of existing streets
in the same alignment. There shall be no duplication of street names in the
County.
4. Congestion and Safety. The road system shall be designed to minimize road
congestion and unsafe conditions.
5. Continuation of Roads and Dead -End Roads. Roads shall be arranged to provide
for the continuation of major roads between adjacent properties when
appropriate and necessary for traffic movement, effective fire protection, or
efficient provision of utilities.
a. If the adjacent property is undeveloped and the road must be temporarily
dead -ended, right-of-way shall be extended to the property line and the
BOCC may require construction and maintenance of a turnaround for
temporary use. The Final Plat shall include a Plat notation that land
outside the normal road right-of-way shall revert to abutting property
owners when the road is continued, after compliance with the County road
vacation process.
b. Dead-end streets may be permitted provided they are not more than 600
feet in length and provide for a cul-de-sac or a T-shaped turnaround
based on the following design standards. The BOCC may approve longer
cul-de-sacs for topographical reasons if adequate fire protection and
emergency egress and access can be provided.
c. Cul-de-sacs shall have a radius of at least 45 feet measured from the
center of the cul-de-sac, and
i. Nonresidential development shall have at least a 75 foot right-of-
way where tractor trailer trucks will enter the property; and
ii. Residential development shall have a 50 foot right-of-way;
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d. T-shaped Turnaround.
i. Nonresidential development shall have a minimum turning radius
of 75 feet where tractor trailer trucks will enter the property; and
ii. Residential development shall have a minimum turning radius of
50 feet.
e. Dead-end streets shall be discouraged, except in cases where the dead-
end is meant to be temporary with the intent to extend or connect the
right-of-way in the future. If a dead-end street is approved, room for
plowed snow storage shall be included by providing a T-shaped
turnaround with a minimum turning radius of 50 feet for residential
development and 75 feet for commercial/industrial development where
tractor trailer trucks will enter the property. A dead-end street is different
from a cul-de-sac in that a dead-end street has no permanent turnaround
at the end of the street.
6. Relationship to Topography. Streets shall be designed to be compatible with the
topography, creeks, wooded areas, and other natural features. Combinations of
steep grades and curves should be avoided. When, due to topography, hazards or
other design constraints, additional road width is necessary to provide for the
public safety by cut and/or fill area, drainage area, or other road appurtenances
along roadways, then dedication or right-of way in excess of the minimum
standards set forth in this Code shall be required.
7. Erosion and Drainage. The road system shall minimize erosion and provide for
efficient and maintainable drainage structures.
8. Commercial and Industrial. The roads and access in commercial and industrial
developments shall be designed to minimize conflict between vehicular and
pedestrian traffic.
9. Emergency Access and Egress. Roads shall be designed so as to provide
emergency access and egress for residents, occupants, and emergency equipment.
Emergency access shall comply with provisions of the International Fire Code
and requirements of applicable emergency services, such as fire protection,
ambulance, and law enforcement.
10. Traffic Control and Street Lighting. Traffic control devices, street signs, street
lighting, striping, and pedestrian crosswalks are to be provided as required by the
County Road and Bridge Department or other referral agencies.
11. Drainage Structures.
a. Roadway drainage structures such as bridges, culverts, cross pans, inlets,
and curbs and gutters shall be provided as determined by design and in
conformance with the County road standards.
b. Culverts are required where driveways connect to roadways unless
specifically exempted by the County Road and Bridge Department. It is the
responsibility of the property owners to maintain their culverts free and
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clear of mud, silt, debris, and ice. Water that flows out of driveways must
be diverted to ditches. Damage to a road caused by a blocked culvert, lack
of culvert, or driveway Runoff is the responsibility of the property owner
and costs of repairs by the County may be billed to the property owner as
authorized by C.R.S. Title 43, Article 5.
12. Roadside Ditches. Water flowing in roadside ditches shall be diverted away from
the road as quickly as possible. In no case shall water travel in a roadside ditch
for a distance greater than 800 feet or have a flow greater than 5 cubic feet per
second during a 25 year, 24-hour storm event.
The Cerise Gravel Pit access is being constructed according to specifications agreed upon with
Garfield County in Resolution 2011-44.
Section 7-108 Use of Land Subject to Natural Hazards.
Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow
slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has
been designed to eliminate or mitigate the potential effects of hazardous site conditions as
designed by a qualified professional engineer and as approved by the County.
The proposed Cerise Gravel Pit is not subject to any significant risks from natural hazards nor
will it exacerbate any existing natural hazards.
Section 7-109 Fire Protection.
A. Adequate Fire Protection.
Adequate fire protection will be provided for each land use change as required by the
appropriate fire protection district.
B. Subdivisions.
All divisions of land must be reviewed and approved by the appropriate fire protection
district for adequate primary and secondary access, fire lanes, water sources for fire
protection, fire hydrants, and maintenance provisions.
The Carbondale Fire Protection District has reviewed the plans for operations at the Cerise
Gravel Pit, and has found them acceptable. Correspondence reflecting this can be found in XXX.
Section 7-201 Protection of Agricultural Lands.
A. No Adverse Affect to Agricultural Operations.
Land use changes on lands adjacent to or directly affecting agricultural operations shall not
adversely affect, or otherwise limit the viability of existing agricultural operations. Proposed
division and development of the land shall minimize the impacts of residential development
on agricultural lands and agricultural operations, and maintain the opportunity for
agricultural production on the most productive and viable parcels of land.
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The Cerise property is currently used for agricultural purposes (pastureland); however, as is their
right per CRS 34-1-305(1), the Clifford Cerise Ranch Co, L.L.L.P. has decided that they would
like to have their property mined for the gravel resource and then the land will be returned to
agricultural use (pastureland). There are no other agricultural operations that will be adversely
impacted by the Cerise Gravel Pit.
A. Irrigation Ditches.
1. Maintenance. Where irrigation ditches cross or adjoin the land proposed to be
developed, the developer shall insure that the use of those ditches, including
maintenance, can continue uninterrupted.
Some lateral ditches that cross the Cerise property will be removed as part of the mining process.
However, those laterals do not convey water to other properties and therefore do not need to be
maintained. The Basin Ditch which runs along the north edge of the mine site will not be
impacted by the Cerise Gravel Pit.
2. Rights-of-way. The land use change shall not interfere with the ditch rights-of-
way.
The Cerise Gravel Pit operations will all be south of the Basin Ditch.
3. Maintenance Easement. A maintenance easement of at least twenty-five (25) feet
from the edges of the ditch banks shall be preserved and indicated on any final
plat for subdivision, or the final development plan for any non -subdivision use.
When approved in notarized written form by the ditch owner(s), that distance may
be decreased.
Not applicable; this is not an application to plat the property.
Section 7-202 Protection of Wildlife Habitat Areas.
The applicant shall consult with the Colorado Division of Wildlife or a qualified wildlife
biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods
may include, but are not limited to, one or more of the following:
A. Buffers.
Visual and sound buffers shall be created through effective use of topography, vegetation,
and similar measures to screen structures and activity areas from habitat areas.
Mining activities will not occur in the Crystal Creek riparian corridor. In addition, there is a
significant topographical difference between the Crystal Creek riparian corridor area and the
portion of the Cerise property that will be mined This topographical difference will work to
buffer the mining activities from the habitat area. The area being mined is agricultural land, not
wildlife habitat.
B. Locational Controls of Land Disturbance
Land disturbance located so that wildlife is not forced to use new migration corridors, and is
not exposed to significantly increased predation, interaction with vehicles, intense human
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activity, or more severe topography or climate.
As explained in the Natural Habitat Statement (Resolution 2011-44) found in See Section 27:
Appendices of the application, a biologist took a look at the site and determined that the Cerise
Gravel Pit is proposed on land that is currently used for agricultural purposes and does not
provide optimal wildlife habitat; therefore, any disturbance to wildlife will be minimal.
C. Preservation of Native Vegetation.
1. Proposed land use changes are designed to preserve large areas of vegetation
utilized by wildlife for food and cover, based upon recommendations by the
Colorado Division of Wildlife.
2. When native vegetation must be removed within habitat areas, it shall be replaced
with native and/or desirable nonnative vegetation capable of supporting post -
disturbance land use.
3. Vegetation removed to control noxious weeds is not required to be replaced
unless the site requires revegetation to prevent other noxious weeds from
becoming established.
The vegetation used by wildlife is the native vegetation along Crystal Creek which is adjacent to
the Cerise Gravel Pit but outside the area that will be impacted by mining (with the exception of
a small area that will be impacted by the access that will cross Crystal Creek to get to County
Road 103).
Native dryland grasses will be used to re -vegetate the area within the Crystal Creek Corridor that
will be disturbed by the Cerise Gravel Pit. Please see the Landscape Plan in Section 13 of the
application for details.
D. Habitat Compensation.
Where disturbance of critical wildlife habitat cannot be avoided, the developer may be
required to acquire and permanently protect existing habitat to compensate for habitat that
is lost to development.
With the exception of the crossing of Crystal Creek for the access road, United will not have any
activity in the riparian corridor.
E. Domestic Animal Controls.
The County may require protective covenants or deed restrictions as necessary to control
domestic animals by fencing or kenneling.
Domestic animals may be present on the undisturbed portions of the Cerise property before
mining reaches these areas. Existing property fencing will be maintained to ensure that these
animals are contained on the property as appropriate.
Section 7-203 Protection of Waterbodies.
A. Minimum Setback.
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A setback of thirty-five (35) feet measured horizontally from the typical and ordinary high
water on each side of a waterbody is required.
With the exception of where the site access road will cross Crystal Creek, the Cerise Gravel Pit is
over 35 feet away from the ordinary high water mark and wetlands associated with Crystal
Creek.
B. Structures Permitted In Setback.
Irrigation and water diversion facilities, flood control structures, culverts, bridges and other
reasonable and necessary structures requiring some disturbance within this setback may be
permitted.
The access road is the only structure that will infringe into this area.
A. Structures and Activity Prohibited in Buffer Zone.
Unless otherwise permitted or approved, the following activities and development shall be
prohibited in the 35 foot setback:
1. Removal of any existing native vegetation or conducting any activity which will
cause any loss of riparian area unless it involves the approved removal of noxious
weeds, nonnative species, or dead or diseased trees.
2. Disturbance of existing natural surface drainage characteristics, sedimentation
patterns, flow patterns, or flood retention characteristics by any means, including
without limitation grading and alteration of existing topography. Measures taken
to restore existing topography
Noted
B. Compliance with State and Federal Laws.
Any development impacting a Waterbody shall comply with all applicable state and federal
laws, including, but not limited to, CDPHE water quality control division regulations and the
Army Corp of Engineers regulations and permitting for waters of the U.S.
United obtained a Nationwide Permit to allow for the filling that occurred as a result of
constructing the access road across Crystal Creek. It is permit number NWP-14SPK-2013-
00167.
Section 7-204 Drainage and Erosion.
A. Erosion and Sedimentation.
Excluding Grading activities for agricultural purposes, development disturbing 1 acre or
more is subject to the CDPHE National Pollutant Discharge Elimination System Permit,
unless otherwise exempted by CDPHE.
Noted
B. Drainage
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1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide
positive drainage away from all buildings.
2. Coordination with Area Storm Drainage Pattern. Individual lot drainage shall be
coordinated with the general storm drainage pattern for the area.
a. Drainage ditches shall have a minimum Slope of no less than 0.75%.
Energy dissipaters or retention ponds shall be installed in drainage
ditches where flows are in excess of 5 feet per second. Ditches adjacent to
roads shall have a maximum Slope of 3:1 on the inside and outside edges,
except where there is a cut Slope on the outside edge, in which case the
edge of the ditch shall be matched to the cut Slope.
b. Subdrains shall be required for all foundations where possible and shall
divert away from building foundations and daylight to proper drainage
channels.
c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid
concentration of drainage from any lot to an adjacent lot.
The Cerise Gravel Pit will drain, in general, to the mine pit during mining activities. Undisturbed
portions of the site will maintain their current drainage patterns. Reclaimed areas will either
drain to the reclaimed pit or will be restored to the pre mine drainage patterns. There will be no
increase in off site drainage created by operations at the Cerise Gravel Pit. Further information
can be found in the Section 13: Grading and Drainage Plans section.
C. Stormwater Run -Off.
1. These standards shall apply to any new development within 100 feet of a
Waterbody and to any other development creating 10,000 square feet or more of
impervious surface area.
The Cerise Gravel Pit operations will not create any impervious surfaces, with the exception of
the paved access road. The mining areas will have a gravel floor beneath them, which will drain,
while the berms, undisturbed, and reclaimed areas will be vegetated.
Section 7-206 Wildfire Hazards.
The Cerise Gravel Pit is not in a wildfire hazard area.
Section 7-207 Natural and Geologic Hazards.
The Cerise Gravel Pit is not in a natural or geologic hazard area. The Geotechnical Information
section contains a slope stability analysis for the Cerise Gravel Pit.
Section 7-208 Reclamation.
A. Applicability.
1. These standards shall apply to any development that requires a Land Use Change
Permit, including divisions of land, as well as to the following activities:
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2. Installation of ISDS. Installation of a new or replacement ISDS.
3. Driveway Construction. Any driveway construction that requires a Garfield
County Access Permit or a CDOT Access Permit.
4. Preparation Area. All areas disturbed during development that do not comprise
the longer-term functional areas of the site but are those areas used for the short-
term preparation of the site.
B. Reclamation of Disturbed Areas.
Areas disturbed during development shall be restored as natural -appearing landform s that
blend in with adjacent undisturbed topography.
1. Contouring and Revegetation. Abrupt angular transitions and linear placement
on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured
so they can be revegetated, and shall be planted and have vegetation established
and growing based on 70% coverage as compared with the original on-site
vegetation within 2 growing seasons, using species with a diversity of native
and/or desirable nonnative vegetation capable of supporting the post -disturbance
land use. To the maximum extent feasible, disturbed areas shall be revegetated to
a desired plant community with composition of weed free species and plant cover
typical to that site.
2. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed
areas.
3. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other
materials that blend with the natural landscape shall be used to reduce the
steepness of cut Slopes and to provide planting pockets conducive to revegetation.
4. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all
vegetative residue, branches, limbs, stumps, roots, or other such flammable lot -
clearing debris shall be removed from all areas of the lot in which such materials
are generated or deposited, prior to final building inspection approval.
S. Removal of Debris. Within 6 months of substantial completion of soil disturbance,
all brush, stumps, and other debris shall be removed from the site.
6. Time Line Plan. Every area disturbed shall have a time line approved for the
reclamation of the site.
The Cerise Gravel Pit will be reclaimed as mining progresses throughout the site. Reclamation
will consist of backfilling and grading slopes to 3H:1V or shallower, placing topsoil onto all
disturbed areas, and revegetating said disturbed areas. Table 1 in the Section 9: Project
Description section shows the mining and reclamation timeline anticipated for this project.
Section 7- 301 Compatible Design.
The design of development associated with the land use change shall be compatible with the
existing character of adjacent uses.
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A. Site Organization.
The site shall be organized in a way that considers the relationship to streets and lots, solar
access, parking, pedestrian access, and access to common areas.
The site is organized in a manner that will facilitate construction materials production.
B. Operational Characteristics.
The operations of activities on the site shall be managed to avoid nuisances to adjacent uses
relating to hours of operations, parking, service delivery, and location of service areas and
docks.
1. Dust, odors, gas, fumes, and glare shall not be emitted at levels that are
reasonably objectionable to adjacent property.
2. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12 of Title
25, unless the use is regulated by the COGCC. In this case, the use shall be
subject to COGCC Rules regarding noise abatement.
3. Hours of operation shall be established to minimize impacts to adjacent land
uses.
The Cerise Gravel Pit will operate from 7:00 a.m. to 8:00 p.m. Monday through Saturday with
crushing, digging, and heavy hauling allowed from 7:00 a.m. to 5:00 pm allowing for
administrative and maintenance activities to take place until 8:00 p.m. No operations except
emergency maintenance to ensure the integrity of operating equipment will take place on
Sunday. Noise will be limited to stay within State noise standards as described by law. Dust,
odor, and other elements of air quality are addressed in detail in the air portion of the Section 19:
Impact Analysis.
C. Buffering.
Buffering shall be installed to mitigate visual, noise, or similar impacts to adjacent property
whenever adjacent uses are in a different zone district.
The topography of the site will provide buffering for impacts. The location of the high impact
operations such as mining and crushing will take place at the bottom of the mining pit. During
the period of time that the floor of the mining pit is close to the surface, a large overburden berm
will be in place to provide buffering.
D. Materials.
Exterior facades shall be constructed with materials that do not detract from adjacent
buildings or uses.
Exterior facades will not be used as part of the Cerise Gravel Pit.
Section 7-302. Off -Street Parking And Loading Standards.
A. Off -Street Parking Required.
All land uses shall be required to provide the number of off-street parking spaces set forth in
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Table 7-302.A. Any use not specifically listed in Table 7-302.A. shall be determined by the
Director.
As shown in the site plan, a set of 12 parking spots will be located near the access to the site.
These spots will be graveled and more than sufficient for the two full time employees at the site.
Section 7-303 Landscaping Standards
Accessory dwelling units, Industrial Uses and all uses located fully within a parcel of land in an
Industrial Zone District are exempt from this section...
A. General Standards.
All portions of the site where existing vegetative cover is damaged or removed, that are not
otherwise covered with new improvements, shall be successfully revegetated with a mix of
native, adaptive, and drought -tolerant grasses, ground covers, trees and shrubs. The density
of the re-established vegetation must be adequate to prevent soil erosion and invasion of
weeds after 1 growing season.
Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will
not grow into any overhead utility lines. Trees and shrubs shall not be planted within 4 feet
of existing overhead or underground lines
All disturbed areas within the Cerise Gravel Pit will be revegetated using a seed mix approved by
both Garfield County and the Colorado Division of Reclamation, Mining, and Safety.
No fire hydrants are present on the Cerise Property.
Section 7-304 Lighting Standards
Any exterior lighting shall meet the following conditions:
A. Downcast Lighting.
Exterior lighting shall be designed so that light is directed inward, towards the interior of the
Subdivision or site.
B. Shielded Lighting.
Exterior lighting shall be fully shielded or arranged in a manner so that concentrated rays of
light will not shine directly onto other properties.
C. Hazardous Lighting.
The direct or reflected light from any light source shall not create a traffic hazard. Colored
lights shall not be used in such a way as to be confused or construed as traffic control
devices.
D. Flashing Lights.
Blinking, flashing, or fluttering lights, or other illuminated device that has a changing light
intensity, brightness, or color, shall be prohibited in all zone districts.
E. Height Limitations.
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Light sources which exceed 40 feet in height shall not be permitted except for temporary
holiday displays or as required by local, State or Federal regulations.
No mining activities will take place after 5 pm at the Cerise Gravel Pit. Maintenance activities
make take place as late as 8 pm, and any lighting required for these activities will follow the
standards listed above.
7-305. Snow Storage Standards.
All residential uses except for multi family are exempt from this section, unless the residential
use includes a common outdoor parking area.
A. Minimum Area.
A designated area sufficient to store snow from the entire parking area shall be provided. As
a general guideline, and considering the varying elevations and snowfall amounts
throughout the County, it is anticipated that a minimum area equivalent to 2.5% of the total
area of the required off-street parking and loading area, including access drives, shall be
designated to serve as a snow storage area.
B. Storage in Parking Spaces Prohibited.
Required off-street parking and loading areas shall not be used for snow storage.
C. Storage in Yards and Open Space Permitted.
Snow stored in a yard or Open Space shall not be located in a manner that restricts access or
circulation, or obstructs the view of motorists.
D. Storage on Public Roadways Prohibited.
Public roads shall not be used for snow storage.
K Drainage.
Adequate drainage shall be provided for the snow storage area to accommodate snowmelt
and to ensure it does not drain onto adjacent property.
Snow from the parking areas near the scale facilities at the Cerise Gravel Pit will be stored in the
mining pit.
7-1001. Industrial Use.
These standards shall apply to all industrial uses:
A. Residential Subdivisions.
Industrial uses shall not occupy a lot in a platted residential Subdivision.
B. Setbacks.
All activity associated with these uses shall be a minimum of 100 feet from an adjacent
residential property line, unless the use is on an industrially zoned property.
The Cerise property and all surrounding properties are zoned Rural.
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C. Concealing and Screening.
When an industrial use is not located on an industrial zoned property, all storage,
Fabrication, service, and repair operations shall be conducted within an enclosed building
or have adequate provisions, based on location and topography, to conceal and screen the
facility and/or operations from adjacent property(s).
D. Storing.
1. Materials shall be stored on the property in a form or manner that will not be
transferred off the property by any reasonably foreseeable natural cause or force.
2. All products shall be stored in compliance with all national, State, and local
codes.
3. Shall be a minimum of 100 feet from an adjacent property line.
4. Petroleum and hazardous products shall be stored in an impervious spill
containment area(s).
All excavation and processing will take place in the mine pit, well away from the property lines
and below the surrounding topography for the vast majority of the operation's life. Fueling of
equipment will take place near the scale facilities and site access, over 300 feet from the property
line.
E. Industrial Wastes.
All industrial wastes shall be disposed of in a manner consistent with Federal and State
statutes and requirements of CDPHE. Flammable or explosive solids or gases and other
hazardous materials including wastes shall be stored according to the manufacturer's
standards and shall comply with the national, State, and local fire codes and written
recommendations from the appropriate local fire protection district.
Noted
F. Noise.
Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, unless
the use is regulated by the COGCC. In this case, the use shall be subject to COGCC rules in
regard to noise abatement.
Noted
G. Ground Vibration.
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.
Noted
H. Hours of Operation.
Any activity that will generate noise, odors, or glare beyond the property boundaries will be
33
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.
Noted
I Interference, Nuisance, or Hazard.
Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that
substantially interfere with the existing use of adjoining property or that constitutes a public
nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of
storage tanks, or other legal requirements for safety or air pollution control measures, shall
be exempted from this provision.
Noted
Section 7-1002 Gravel Extraction
A. Water Quantity & Quality Impacts /Floodplain Impacts
Every application for gravel extraction shall address the following:
1. No application shall be accepted by the County without a letter from the
applicable fire protection district stating that the proposed project has been
adequately designed to handle the storage of flammable or explosive solids or
gases and that the methods comply with the national, State, and local fire codes.
A letter from the Carbondale Fire Protection District is attached in Section 27.
2. No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonably
foreseeable natural causes or forces.
All materials stored or deposited the Cerise Gravel Pit will be secured against transfer off the
property by any reasonably foreseeable natural cause.
3. When the proposal is near a river or stream, the Applicant is required to submit
an analysis by a professional engineer showing the boundaries of the Floodplain
and the Floodway in the area of the pit.
The Cerise Gravel Pit site is located outside of the floodplain and floodway of the Roaring Fork
River. The mine site is separate from the river and floodplain by both Highway 82 and a ridge
that is over 100 feet higher than the Roaring Fork River Base Flood Elevation (BFE) based on
the FEMA Flood Insurance Rate Mate for Garfield County, CO (unincorporated areas)
Community Panel 080205 1880B.
Crystal Creek is a smaller stream that runs along the western border of the mining site. This
creek is not included in the FEMA mapping for the area. However, the river is over 25 feet
lower than any adjacent mining activity and over 60 feet from the closest grading extents. There
will be no mining in the floodplain of the creek, which has a 100 -year discharge of
approximately 300 cfs.
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4. All gravel extraction operations shall comply with the applicable standards of
section 3-301, Floodplain Overlay Regulations, and will be subject to section 4-
109, Development in 100 -Year Floodplain.
a. In all cases, there shall be no storage of fuel or hazardous materials
including concrete/asphalt Batch Plants within the Floodway.
b. All applications shall provide a dewater/discharge plan that provides a
detailed graphic representation of how dewatering operations shall occur.
This plan shall demonstrate that the discharge will not exceed State
standards for discharge into a water course of Wetland.
No asphalt or concrete batch plant will be located at the Cerise Gravel Pit.
B. Air Quality.
No application shall be approved until the Applicant submits evidence that uses shall have
current CDPHE air pollution permits and shall meet current CDPHE emissions standards
for air and water.
The Cerise Gravel Pit will have all applicable CDPHE permits in place prior to operations
commencing. Copies of the air permit applications, along with CDPHE correspondence can be
found in Section 19: Impact Analysis.
C. Noise/Vibration.
Gravel extraction operations shall be conducted in a manner such that the volume of sound
generated does not constitute a public nuisance or hazard. Gravel extraction operations
shall comply with the standards set forth in C.R.S., Article 12, Title 25, except as such
standards are modified as follows:
1. An Applicant shall submit a noise study that demonstrates the proposed gravel
operation can meet the requirements in the matrix below based on measuring the
sound levels of noise radiating from a property line at a distance of 25 feet or
more beyond the subject property, except as excluded for construction activities
per C.R.S. § 25-12-103 et seq., that allows up to 80 db(A).
2. The dB(A) threshold shown in Table 7-1002 shall be that of the receiver and not
that of the emitter. For example, while the gravel operation would be considered
an industrial operation, the dB(A) levels shown below are measured according to
the neighboring uses so that if a residential use was located adjacent to the
operation, sound levels could not exceed 55 dB(A) from 7:00 a. m. to 7:00 p.m. and
50 dB(A) from 7:01 p.m. to 6:59 a.m.
Table 7-1002: dB(A) Threshold per Neighboring Use
Use 7 am to 7 pm 7 pm to 7 am
Residential 55 dB(A) 50 dB(A)
Commercial 60 dB(A) 55 dB(A)
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Light Industrial 70 dB(A) 65 dB(A)
Industrial 80 dB(A) 75 dB(A)
The dB(A) threshold of the receivers will not exceed the thresholds identified in the table above.
This threshold standard is addressed in the Noise Analysis report.
3. Every use shall be so operated that the ground vibration inherently and
recurrently generated is not perceptible without instruments at any point of any
boundary line of the property on which the use is located.
United will not conduct any activities within the Cerise Gravel Pit permit boundary that causes
perceptible ground vibration at any point along the boundary line of the Cerise property.
D. Visual Mitigation.
All applications for gravel extraction shall address the following:
1. All gravel operations proposed to mine areas greater than 30 acres shall be
designed in multiple phases in order to minimize the visual impact of the Gravel
Pit primarily by logical "sequencing" and "overall layout" of the pit's design.
The Cerise Gravel Pit is designed to operate in phases that minimize the size of disturbance at
any given time. The sequence of these phases is in a logical progression, as shown in the Site
Plan section.
2. Screening, Berming and Buffering.
a. The operation shall be organized on the site to minimize impact on
adjacent land uses and protect established neighborhood character
through installation of screen fences, berming, and/or landscape
materials, as well as by the location of access points, lighting, and
signage.
b. Visual screening shall be in place prior to the commencement of the
commercial mining activity of each phase. Site preparation activity such
as removal of overburden shall be allowed prior to the construction of the
visual screening if material will be used for the creation of the necessary
screening.
The visual impact to adjacent properties will be minimized by the intelligent use of berms and
the topography of the site. Said berms will be built prior to mining activity whenever possible.
See the Berming and Screening portion of the Impact Analysis section for more information.
3. Unless otherwise determined by the BOCC, mining operations shall be allowed to
progress so long as the previous phases have been reclaimed within 6 months
after the commencement of the new phase. If the reclamation has not commenced
in 6 months, or has not been completed within 18 months, all mining operations
on the property shall stop until the reclamation/revegetation has occurred to the
satisfaction of the County.
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All reclamation activity will take place concurrently with mining, or immediately following
mining in a phase.
E. County Road System.
1. All applications shall submit a Traffic Impact Study consistent with section 4-
203.L.
2. Any required improvements shall either be in place prior to or shall be
constructed in conjunction with the proposed use.
3. Truck traffic will not access the mining operation through residential or
commercial areas, or such traffic will be mitigated.
4. Proposed haul routes from the extraction operation will be upgraded to withstand
the additional traffic, if determined by the Traffic Study or recommended by the
County Engineer, and the permittee will prevent road damage and mitigate dust,
under the supervision of the Road Supervisor.
S. If a driveway access permit is required by the County Road and Bridge
Department, Applicant must comply with all permit conditions. The owner or
operator of a gravel extraction operation is responsible for any damage caused
by the operation's traffic to a County Road. Repair or replacement of road
surface will be determined by the Road Supervisor.
The access to the Cerise Gravel Pit is currently under construction according to the approved
existing resolution 2011-44. A revised Traffic Study can be seen in the Traffic Study section.
F. Compatibility with Surrounding Land Uses.
The proposed operation will be located so as to mitigate cumulative impacts to roads, air,
and water quality.
The Cerise Gravel Pit is located in an area with existing gravel pits. The Powers Pit to the west is
being reduced in scope and size, since its reserves are mined out. The Cerise Gravel Pit is
replacing the activity of the Powers Pit, as opposed to adding to it.
G. Revegetation.
All revegetation efforts shall occur as part of phased reclamation. The Applicant shall
provide locations of County -listed noxious weeds on a map. Once the inventory is provided,
the Applicant shall develop a Weed Management Plan that addresses all County -listed
noxious weeds found on site. This Weed Management Plan shall be submitted to the County
Vegetation Manager for approval prior to the issuance of a Land Use Change Permit
Please see the Natural Habitat Statement in Section 27: Appendices of the application regarding
the weeds found on-site.
H. Reclamation.
All applicants shall submit a reclamation plan that complies with the standards of the
Colorado Division of Reclamation, Mining and Safety (CDRMS) and meets the following
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design criteria:
1. The Reclamation Plan approved by the County as part of the Land Use Change
Permit shall be resubmitted to the DRMS to become the only reclamation plan
(tasks/timetables) used by both the County and DRMS. Additionally, a bond shall
need to be calculated to cover this plan and secured with DRMS to cover its
implementation.
Noted
2. Wetland and Dryland Slopes. Wetland and Dryland Slopes are illustrated in
Figure 7-1002.
a. Wetland Slope Areas:
No portion of the Cerise Gravel Pit will involve wetland slopes.
b. Dryland Slope Area.
i. For the purposes of this section, the Dryland Slope area is defined
as any area above a Wetland Slope in the post -mine land use that
will predominately be used for rangeland grazing and wildlife
habitat.
ii. Dryland Slopes shall be predominantly 5:1 with at least 85% of the
Slopes 5:1 or shallower.
iii. An alternate Slope plan for the Dryland area which modifies the
standards above may be proposed by an Applicant to
accommodate special needs when:
a. The existing terrain Slope is steep (greater than 5:1); or
b. Where there is little or no available on-site backfill
material.
United proposed to reclaim all mining slopes to 3H:1 V. This "alternate slope plan" is proposed
because following the mining of the site, there will not be enough overburden material available
to backfill the site to a less steep slope. In addition, the property owners, have agreed to 3:1
slopes and have asked United to re -vegetate their property with pasture grasses to continue the
agricultural use that currently exists on their property. If shallower reclamation slopes were used,
the amount of flat pasture area at the bottom of the slopes would be significantly reduced and not
meet the needs of the property owners for how they want their land reclaimed.
3. Vegetation.
a. Wetland Criteria.
Not applicable.
b. Dryland Criteria. All Dryland areas on a Reclamation Plan shall include
revegetation with appropriate Dryland plant species including a mixture
of grasses, forbs, and shrubs, based on the written recommendation of a
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qualified professional.
Revegetation of the site will be conducted according to the Reclamation Plan and Landscape
Plan of this application, along with the meeting the standards of Garfield County and the
CDRMS.
4. Reclamation with multiple ponds or lakes shall provide islands or peninsulas that
make up at least 20% of total lake surface in order to break up the surface and
provide undulation of shorelines in a natural -like appearance.
Not applicable.
5. To the extent permitted by law, unless all disturbance created by the mining
operation is covered by a reclamation bond under jurisdiction of the DRMS, or by
the Federal government on federally -owned lands, a bond or other acceptable
financial performance guarantee shall be submitted in favor of the County in an
amount of at least 150% of the cost of restoration of the site and access roads.
The required amount of such financial performance guarantees may be increased
at the discretion of the BOCC to account for inflation. A bid for site restoration
acceptable to the permittee and the County shall be submitted to the Community
Development Department as evidence of the cost of reclamation for bond setting
purposes.
All of the disturbance of the Cerise Gravel Pit is covered by a reclamation bond administered by
the CDRMS. Section 31: DRMS Reclamation Bond Discussion shows the currently approved
bond, and the proposed new one.
I. Enforcement.
1. The County shall not issue a Land Use Change Permit until all required local,
State, and Federal permits have been obtained and submitted to Garfield County
including, but not limited to, the municipal watershed permit, CDPHE, USACE,
NPDES, Division of Water Resources (approved well permits and plan for
augmentation), etc.
2. The Operator acknowledges that the County has performance standards in place
that could lead to revocation of the Land Use Change Permit if continued
violations of the permit occur over a period of time.
3. The County can request a site inspection with 1 day's notice to the Operator. The
owner or Operator must grant full access to any part of the site will be granted.
On request, all paperwork must be shown. The County cannot request a large
number of inspections that would interfere with normal operation without cause.
4. Prior to contacting the appropriate agency, the County commits to notifying the
Operator of any compliance concern identified during a site inspection.
5. Any person at any time can call any permitting agency directly and request an
inspection if they believe a condition of that agency's permit is being violated.
6. To ensure that certain conditions of a permit are complied with, the BOCC may
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require a financial performance guarantee in addition to that required by the
DRMS. The required amount of such financial performance guarantees may be
increased at the discretion of the BOCC to account for inflation. The County will
not require financial guarantees that are duplicative of that required by the
DRMS.
7. The County will be invited to any bond release inspection of the DRMS. The
County inspector will have the opportunity to demonstrate that any item of the
permit has not been complied with and that bond should not be released.
United Companies acknowledges the above listed enforcement items of the Garfield County
code.
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20. PHASING OF OPERATION
Introduction
United Companies will conduct mining in a six phase fashion (Phase 1A, 1B, 1C, 2, 3, & 4) that
reduces the size of ongoing disturbance at the site. This will facilitate concurrent reclamation,
and allow for continued irrigation and agricultural operations during mining.
This section contains a sequence of maps (Phase 1, Phase 2, Phase 3, and Phase 4) showing the
Cerise Gravel Pit activity over time in the context of the neighboring Powers Pit and Blue Pit.
Phases 1A -1C have been combined into one map for this discussion since these three areas will
be disturbed at the same time.
Existing Conditions
The Powers Pit (operated by United) and Blue Pit (operated by Western Slope Aggregates) are
currently active aggregate mines on either side of the Cerise property. These two pits add up to
roughly 120 acres of land currently disturbed for mining.
Phase 1
During the disturbing of Phase 1 in the Cerise Gravel Pit, the Powers Pit will see a significant
reduction in its disturbance area, as the Cerise reserve becomes the primary source for United's
construction materials production in the area. It is anticipated that during this time the Blue Pit
will complete their Area 1 mining With 6 acres of the Powers Pit remaining disturbed for
concrete production operations, roughly 53 acres of disturbance in the Blue Pit, and roughly 20
acres of disturbance in the Phase 1 activity of the Cerise Mine, it is estimated that there will be
79 acres of total aggregate operation disturbance in the area.
By limiting the disturbance to the western portion of the mining area during Phase 1, most of the
Cerise property can remain irrigated and be used for agriculture. The size and location of the
overburden pile will reduce the visual impact of mining activities for neighbors north and west of
the operation. The overburden pile will be vegetated soon after completion to reduce the visual
impact of the berm itself.
Phase 2
The mining of Phase 2 will lead to the largest cumulative disturbance of 100 acres. This based
on the roughly 30 acres of Cerise disturbance combined with 6 acres of the Powers Pit and an
estimated 64 acres of the Blue Pit. The Blue Pit disturbance is based on the anticipated mining of
Area 2.
The overburden pile will be reduced to a 15 foot tall berm at this point in the Cerise Mine life.
This berm will partially shield views from the north of mining operations. Mining and processing
activities will be taking place on the pit floor, far below natural grade. Additionally, the
undisturbed portions of the property south of Phase 2 will continue to be used for agriculture,
which is what neighbors currently see at the site.
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Phase 3
At the end of mining of Phase 3, roughly 31 acres of the Cerise Gravel Pit will be disturbed. The
Powers Pit will still have 6 acres of disturbance to support concrete production, and the Blue Pit
will have 52 acres of disturbance. This gives 89 acres of combined aggregate disturbance
between the three operations at this stage of the Cerise Gravel Pit.
The overburden berm built at the start of Phase 2 will still be in place, providing partial visual
shielding. The operation will have moved south into Phase 3, and will enter the stage of being
the most visible. However, concurrent reclamation will keep the disturbed area to a minimum.
Mining and processing activities will be taking place on the pit floor, far below natural grade. As
with prior phases, the undisturbed Phase 4 will continue to operate as an agricultural field.
Phase 4
Roughly 15 years into the mining operations at the Cerise Gravel Pit there will be about 52 acres
of disturbance at the Blue Pit. This, combined with 6 acres at the Powers Pit and approximately
28 acres at the Cerise Mine gives a cumulative disturbance in the area of 86 acres.
In the last phase of mining, most of the pit area will be reclaimed. The overburden berm will be
used to complete backfilling in areas at the end of mine life, but will still provide some visual
shielding during the mining of Phase 4. Mining and processing activities will be taking place on
the pit floor, far below natural grade. While no irrigated fields remain at this stage, the disturbed
area is dwarfed in size by the reclaimed portions of the Cerise Mine.
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