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Home My WebLink About2.0 PC Staff Report 06.08.2016Planning Commission -Public Hearing Exhibits Powers Ready Mix Plant -Oldcastle SW Group, Inc. Substantial Amendment to a Land Use Change Permit, Major Impact Review (File MPAA-02-16-8424) Applicant is CRC, LLC June 8, 2016 Exhibit Exhibit Description Number 1 Public Hearing Notice Information Form 2 Proof of Publication 3 Recei pts from Mailin!'.1 Notice 4 Photo evidence of Public Notice Posting 5 Garfield County Land Use and Develop ment Code, as amended 6 Garfield Coun tv Comprehensive Plan of 2030 7 A pplication 8 Staff Report 9 Referral Comments from Garfield County Public Health Department (Dated April 25, 2016 ) 10 Referral Comments from the Carbondale Fire Protection District (Dated A p ril 19, 2016 ) 11 Referral Comments from Mountain Cross Engineering, Inc. (Dated A pril 12, 2016) 12 Referral Comments from the Colorado Department of Public Health and Environment (Dated A oril 5, 2016) 13 Referral Comments from the Colorado Department of Transportation (Dated March 30, 2016 ) 14 Referral Comments from the Garfield County Road and Bridge De p artment (Dated May 30, 2016 ) 15 Email from the Garfield Coun ty Attorne v's Office (Dated Mav 25, 2016 ) 16 U J /~/ .f.'10,..,l '\JC..rr1/I !Sv/h~u ( rk -r'll ~Cl#, '1, 70/b-) 17 1"='"er. ,,.:.·....-~c e.',:,f 7k' ~JaJ ·~ ?.x-1C, /Cf SO 18 19 20 21 PC 6/8/2016 File No. MPAA-02-16-8424 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST Substantial Amendment to conditions #5.h. memorialized in Resolution of Approval 2011- 77 for a Land Use Change Permit -Major Impact Review for a Concrete Batch Plant known as the "Powers Pit Concrete Batch Plant". APPLICANT-PROPERTY OWNER CRC, LLC (Oldcastle SW Group, Inc.) ASSESSOR'S PARCEL # 239326400007 PROPERTY SIZE 35 .308 acres (Impact Area - 5.85 Acres) LOCATION The property is located at 13118 Highway 82, Carbondale, CO. It is located east of the Town of Carbondale at the intersection of Highway 82 and County Road 103 ACCESS The facility is accessed by County Road 103. EXISTING ZONING The property is zoned Rural I. BACKGROUND The Applicant has been approved with conditions for a Major Impact Review for a Concrete Batch Plant on a 5.85 acre portion of a 35.308 acre parcel located east of the Town of Carbondale. This approval is memorialized under resolution 2011-77 (Reception Number 811974) and the Land Use Change Permit is under Reception Number 835254 .The facility is operated by Oldcastle SW Group, Inc. and was formerly owned and operated by LaFarge West Inc. Access to the facility is off County Road 103. II. GENERAL APPLICATION DESCRIPTION The Applicant is requesting an amendment to one condition of approval for a previously approved Resolution for a Major Impact Review Land Use Change Permit. The application was approved on December 5, 2011 and memorialized under Resolution 2011-77. Following an extension to fulfill the conditions of approval, the Land Use Change Permit was subsequently recorded on May 14, 2013 . The Applicant is requesting to amend one of the Conditions of Approval, specifically Condition "h". In accordance with Section 4-106(A)(4), "Any requested change of a specific condition(s) 1 as identified in a resolution adopted by the BOCC shall be considered a Substantial Modification." As a result, this request has been processed as a Substantial Modification and has required a new application for a Land Use Change Permit. This review and subsequent decision, however, only affect Conditions "h" memorialized in Resolution 2011-77. The Applicant is requesting to amend Condition "h", related to hours of operation. This condition was included in the approval in 2011 because the Land Use Code in place at the time as well as the Code in place today require that the hours of operation for industrial uses be limited to 7 .00 AM and 7 .00 PM. Section 7-1001 (H) (Industrial Use, Hours of Operation) states: Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or as approved by the decision-making authority. As a result, Conditions "h" of Resolution 2011-77 is intended to satisfy Section 7-1001(H) of the Garfield County Land Use and Development Code . As memorialized in Resolution 2011-77, Conditions "h" states: h. The concrete batch plant shall be allowed to operate Monday through Saturday from 7:00 a.m. to 7:00 p .m. while on-site administrative and/or maintenance activities may operate Monday through Saturday 6:00 a.m. to 8:00 p.m. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. The Applicant has provided the following explanation for the request to modify the hours of operation: ln 2015 COOT awarded the Grand Ave Bridge Replacement project to Granite Construction . Granite Construction Issued a ready mix purchase order to Oldcastle to supply ready mix for this project. The project specifications require that the bridge replacement project keep the Impact to the motoring public to a minimum. The project Is scheduled to take a little over two years to complete. Because of the long duration of this project It Is Impossible to predict exactly when the ready mix ls going to be needed on site. However, we do know the project schedule will require ready mlx production and delivery to the project site to take place during nighttime hours and potentially 7 days per week. Currently the Powers Ready Mix plant site Is permitted to operate Monday through Saturday from 7am to 7pm. Because of the reasons stated above we seek to amend the condition of approval #S.h to allow to run 24 hours per day and 7 days a week. Obviously we win not run this many hours or days but we need this for the flexibility to meet the project schedule. The gravel material used In the ready mix product will be hauled to the site during the regular operating hours. This request Is project specific meaning we will only operate outside the current hours of operation for the Grand Ave Bridge Replacement Project. The ready mix purchase order for the Grand Ave Bridge project ls for +/-17,000 cubic yards. Currently the Powers Ready Mix plant has a COPHE Air Permit with an annual production limit of 100,000 aJblc yards . The project specific yards will make up roughly 17% of our annual production limit. During the last 2 years we've averaged+/-20% of our production limit so the addition of the bridge project yardage will be well below our limit. (See attached truck count analysis) 2 The Code allows the Board of County Commissioners the ability to alter the hours of operation Standard from Section 7-1001(H). In addition, the applicant has submitted the following request for a Waiver from this Standard : Per the requirements set forth In Section Ill. Submittal Requirements Item B. Oldcastle SW Group, Inc. dba United Companies requests a Waiver Request for Section 7-1001H regarding Hours and Days of Operations (currently Monday through Saturday 7am to 7pm) to allow the plant to supply concrete material to the Grand Avenue Bridge project. COOT specifications, scheduling & traffic safety program require that the concrete supplier (United Companies) make available the concrete 24 hours a day, 7 days a week for the duration of the project. This waiver request is project specific to the Grand Avenue Bridge Project and will not apply to other projects not related to the Grand Ave. Bridge project. The justification for this request Is the plant will not exceed its annual production limits and will not exceed fugitive dust emissions limits set forth In State permit#. (See attached Exhibit A production spreadsheet and truck count analysis). We feel this waiver imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. Adjacent property owners within 200 feet have been notified of this request as well as the Planning Commission and Board of County Commissioner's Public Hearings in accordance with the Code. The property was also posted for each Public Hearing and the Hearings were published in the newspaper. No public comments have been received as a result of this notification. While increased noise impacts outside normal business hours can be expected as a result of an approval of this request, due to the topography of the area surrounding the plant and its location at the bottom of a gravel pit that is currently in revegetation , the noise impacts are expected to be minimized. In addition to the request for increased hours of operation, the Applicant has also requested an administrative change to the Land Use Change Permit recorded under Reception Number 835254. Specifically, the greater parcel that was a part of the original approval (Parcel Number 2393-234-00-131) no longer exists due to a previously executed SB 35 subdivision exemption. As a result, the Applicant is requesting that the Parcel Number listed on this Land Use Change Permit be updated to the current Parcel Number, 2393-264-00-007. No changes to the on-the-ground facilities or other operations are a part of this request to update the Parcel Number on the Land Use Change Permit. 3 II . LOCATION· SITE DESCRIPTION Location Map Subject Parcel I r ~--· _/ The parcel is currently developed with a Concrete Batch Plant and was formerly used as a gravel pit, which is now in reclamation. The impacted area with the Concrete Batch Plant is heavily impacted and denuded of native vegetation while the surrounding areas are in the process of reclamation . Ill. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Planning Commission and Board of County Commissioner's public hearing . A review of the public notice has revealed that the mineral owner was not notified with the required 30 day notice and that the property was posted in excess of the 30-60 day requirement (See Exhibit 15). Staff understands that the applicant has since sent the mineral estate a notice, however it is closer than 30 days to either scheduled hearing date. For the notices that have been sent, the property posting and publication, no public comments have been received at this time. Comments from referra l agencies and County Departments are summarized below and attached as Exhibits. 4 1. Garfield County Public Health: (See Exhibit 9) • Morgan Hill of Public Health noted that "Environmental health encourages industrial operations to be "good neighbors" when it comes to potential nuisance conditions such as noise, dust, odors, and lighting . An increase of the operating hours for this facility represents a potential increase in the frequency of nuisance conditions for neighboring land uses. However, given that this location is not near many occupied structures and the need for the product it produces during non- typical workhours is significant during their contract with Granite Construction, we feel this change is allowable." Ms. Hill also noted that the facility will need to maintain compliance with their APCD permit, the operating hours for the Cerise Mine should remain the same, and care should be taken to prevent spills and any other potential contamination of ground and surface water. 2. Carbondale Fire Protection District: (See Exhibit 10) • Bill Gavette of the Fire Protection District noted that it would be helpful to have a new address assigned to the property but had no further comments of concerns regarding this amendment. 3. Mountain Cross Engineering: (See Exhibit 11) • Chris Hale of Mountain Cross Engineering noted that he did not have any comments on this application. 4. Colorado Department of Public Health and Environment (CDPHE): (See Exhibit 12) • Kent Kuster of CDPHE noted that he did not have any comments on this application. However, he did suggest that the applicant obtain any necessary permits for regulated activities. 5. Colorado Department of Transportation (COOT): (See Exhibit 13) • Dan Roussin of COOT noted that he did not have any comments on this application. 6. Garfield Count Road and Bridge: (See Exhibit 14) • Mike Prehm of Road and Bridge noted that he did not have any comments on this application. The Application was also referred to the following agencies and departments, however, no comments were received: Town of Carbondale, Garfield County Vegetation Management, and State of Colorado Health Department -Air Pollution Control Division . IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided responses to the Submittal Requirements and applicable sections of Article 7, Divisions 1, 2, and 3, including Section 7-1001 Industrial Use Standards. The Application materials were limited to those items necessary to review the proposed changes. 5 7-101: Zone District Regulations The proposed use, as permitted, demonstrates general conformance with applicable Zone District provis ions contained in the Land Use and Development Code and in parti cular Article 3 standards for the Commercial General zone district. 7-102 Comprehensive Plan and Intergovernmental Agreement While there are no intergovernmental agreements that impact this site, the facility does lie within the Town of Carbondale 3 mile area of influence . As a result , the application was referred to the Town of comment, however, no comments were received. The Comprehensive Plan 2030 designates the site as Urban Growth Area as Medium Density Residential as well as a Rural Employment Center. Below are descriptions of both of these designations. Residential Medium Description lANo Use DESIGNATION Residential Medium(RM) DESCRIPTION Small farms , estates , end clustered residential subdivis ion : density determined by degree of clustering and land preserved in open condition : 0% open land -1 du per <10 acres 50% open land • 1 du per 8 acres 70% open land -1 du per 6 acres Density of residential uses : 1 du per 6 to< 10 acres Example · Rural Employment Center Description Rural Employment Centers COMPATIBLE ZoNINQ Rural (R) Planned Unit Development (PUO) Rural Employment Centers are geographically consolidated areas where there is a concentration of light industrial and business park uses . This includes uses such as construction yards, equipment repair, and storage areas often found along 1-70 or SH 82. Rural Employment Center -Small areas (typically under 10 acres) that accommodate principally employment uses, such as light industrial, manufacturing and equipment 6 storage. These centers are typically located near major roadways and can also contain a minor amount of retail sales intended primarily as convenience shopping. They may include residential uses primarily for employees of the business located on the property (source: GarCo CP 2030 Land Use Table, modified). LAND Use DESIGNATION Rural Employment Center ~ DESCRIPTION COMPATIBLE ZONINQ Small areas adjacent to major roadways that Commercial General (CG) allow light Industrial, manufacturing, equipment storage, and incidental retail sates. This I ndustrial (I) designation also Includes residential uses for employees of the business on the property, such Planned Unit Development (PUD) as live/work housing . Density of residential uses: Determined by review Example: The Concrete Batch Plant use has been determined to be in compliance with the Comprehensive Pl an of 2030 as a part of prior approvals. The proposed amendment will not alter the use of the property and as a result, it is Staff's opinion that the use remains consistent with the Comprehensive Plan of 2030 w ith the proposed amendment. 7-103: Compatibility The proposed amendment to extend the hours of operation to 24 hours per day, 7 days per week during the contract period for the Grand Avenue Bridge construction is expected to have increased impacts on adjacent property owners mainly through noise outside normal business hours. Adjacent property owners within 200 feet from the subject parcel were notified consistent with the requirements of the Code . No comments from the notification were received. In addition , the topography of the surrounding area, adjacency to Highway 82, and location at the bottom of a gravel pit in reclamation will work to reduce and minimize the impacts from the extended hours of operation. To this end, while impacts are expected from the temporary extension to the hours of operation, it is Staff's opinion that the impacts are manageable . 7-104 : Source of Water This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7 7-105: Waste Water Systems This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-106: Public Utilities This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-107: Access & Roadways The application was referred to COOT and the Garfield County Road and Bridge Department. Neither of these agencies had any comments or concerns with the extension of hours of operation for the Grand Avenue Bridge project. The Applicant has provided the below truck traffic analysis which has been reviewed by the County contract engineer and the referral agencies. Powers RMC Plant COPHE Air Pennlt # 07GA0972 Annual Production limit -100,000 cubic y~"h Trudi analysis based on permitted production limit of 100K (7.2 yards per tnick 11 lndutby standard! 1014 :IOll ,_ C4llllc TN<ltTflp& 11111 mu ~ Pnldudlon a Monti! Tlflll ,., M-n JIK i&Z sso Zl'A l~ "°'perm-•mrt Ftb 4000 556 121 106 lot llZ 396 U6 3!1fi ]ff 264 lll 106 1lli 209 Ma< 4000 556 122 Apnl 5000 6!14 lS! MIV 15000 20IJ 451 l•nt lSCOO *1 451 July 15000 20l3 451 Aul 15000 211&3 451 Stpt 10000 1319 306 Oct 5000 6M Ill -4000 $56 122 0oc Siii m m TOlal 100.000 UU9 3CSG N*: Yard• per .-tll ls a11 exampl1 and II nllt sat bot dri..., by ,...rliet demand 2D16 20 17 Bnd•• Project • +/• 11.000 cub ic Y••ds llrfd&e ""'~" • •/-Ci.000 cublcyan h Cubic Tru d< llfp1 ptr d ay Yards ptrMont~ 122 day Monlhl §68 w J CUbl• Trudo Tri ps per d •y T1f11 1 por Montlt 122 aay MontllJ iJi gg j 500 69 3 500 " 3 750 104 s 500 " 3 1DDO 119 6 500 69 3 1000 U9 6 500 " 3 1000 119 ' 500 " 3 1000 Ull 6 500 ff 3 JODO 1J9 6 SOD H 3 750 104 s SOD Gt 3 SCIO 69 3 500 " 3 500 69 3 500 69 3 a!! 12 l ',llOD IZSO 57 Bii i2 J 6,000 833 31 Noto: Moottllly "-1111 k .,dtnotad Note:-tllly do-.111 att-od The top chart shows the permitted limits and mlldmun trucks generated by lOOK cubic yards and the actual truck traffic from 2014 & 2015 b<lsed on a pen;entaae of production. The additional yardage & truck traffic required by the Grand Ave Bridge proje<:t, shown above In RED, will have a very minor Impact on the cu,,.nt operations. In 1ddltlon, the project will be In compliance with the: slte Air Permit wm hive • very minor Impact with reg1rds to Fugitive Oust Emissions and Nolie because of the fact the prodtJCtJon needs are aolng to be spread out ovc:r 2 ynrs and are well within pre approved limits. 8 7-108: Natural Hazards This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-109: Fire Protection This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-201 : Agricultural Lands This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-202: Wildlife Habitat Areas This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-203: Protection of Water Bodies This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-204 : Drainage and Erosion (Stormwater) This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-205: Environmental Quality The Application was referred to Garfield County Public Health (See Exhibit 9). Morgan Hill of Public Health recommends that the applicant provide notice to CDPHE, Air Pollution Control Division (APCD) regarding the proposed amendment. This application was also referred to the APCD, however no comments were received. In addition, it is recommended that care be taken to prevent spill and any other potential for contamination of ground and surface water since the facility is within the Town of Carbondale's drinking water supply area. Generally, this Standard is was reviewed as part of the original approval. 7-206: Wildfire Hazards This application was referred to the Carbondale Fire Protection District who noted that they have not issues or comments on the proposed amendment. 7-207 : Natural and Geologic Hazards This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-208 : Reclamation This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 9 7-301 : Compatible Design Overall site design was reviewed as a part of the original application and is not proposed to be amended as a part of this amendment. While this request does increase the hours of operation to 24 hours per day, 7 days per week, the facility is still required to conform to State noise standards . Due to the topography, location of the facility, and nature of the use, the facility is expected to continue to maintain compliance with State noise standards as required . 7-302: Parking and Loading This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-303: Landscaping This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-304: Lighting This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-305: Snow Storage This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-306: Trails This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval . 7-1001 INDUSTRIAL USE STANDARDS The following summary addresses the applicable provisions. A. Residential Subdivisions This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. B . Setbacks This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. C. Concealing and Screening This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 10 D. Storing This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. E. Industrial Wastes This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. F . Noise While this request does increase the hours of operation to 24 hours per day, 7 days per week, the facility is still required to conform to State noise standards. Due to the topography, location of the facility, and nature of the use, the facility is expected to continue to maintain compliance with State noise standards as required . G. Ground Vibration This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. H. Hours of Operation As noted previously in this report, this Section requires the following : Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a .m. to 7:00 p .m. Monday through Saturday, or as approved by the decision-making authority. As a result, the Resolution of Approval 2011-77, contains the following condition : h. The concrete batch plant shall be allowed to operate Monday through Saturday from 7:00 a.m. to 7:00 p.m. while on-site administrative and/or maintenance activities may operate Monday through Saturday 6:00 a.m. to 8:00 p.m. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. The Applicant is requesting to alter this condition "h" in Resolution 2011-77 to allow a temporary increase in the hours of operation to 24 hours per day, 7 days per week for a period of approximately 2 years. The purpose for this increase is to accommodate a contract for the Grand Avenue Bridge project in Glenwood Springs. Per this Section, the "decision-making authority", in this case the Board of County Commissioners, has the ability to approve different hours of operation from those required. In addition, as is excerpted previously in this report, the Applicant has requested a waiver from this Standard in order to support the request for altered hours of operation. 11 I. Interference. Nuisance, or Hazard The proposed amendment to extend the hours of operation to 24 hours per day, 7 days per week during the contract period for the Grand Avenue Bridge construction is expected to have increased impacts on adjacent property owners. Adjacent property owners within 200 feet from the subject parcel were notified consistent with the requirements of the Code. No comments from the notification were received . In addition, the topography of the surrounding area, adjacency to Highway 82, and location at the bottom of a gravel pit in reclamation will work to reduce and minimize the impacts from the extended hours of operation. To this end, while impacts are expected from the temporary extension to the hours of operation, it is Staff's opinion that the impacts are manageable. V . STAFF RECOMMENDATION As a result comments received through the public notification process as well as comments received from referral agencies for this request, Staff recommends approval of the requested amendment to the hours of operation as previously approved under Resolution 2011-77 and specifically condition "h". APPROVAL SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Planning Commission . 2. The hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Substantial Amendment to Condition "h" in Resolution of Approval Number 2011-77 for a Land Use Change Permit for the Powers Pit Concrete Batch Plant is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended . 5. That the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended . 6. That a Waiver from Section 7-1001 (H), Hours of Operation, of the Land Use and Development Code of 2013, as amended, is accepted. 12 Conditions of Approval 1. Condition "h" in Resolution 2011-77 shall be amended to read: The concrete batch plant shall be allowed to operate Monday through Saturday from 7:00 a.m. to 7:00 p.m. while on-site administrative and/or maintenance activities may operate Monday through Saturday 6:00 a.m . to 8:00 p .m. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. Only during the operators contract period for the construction of the Grand Avenue Bridge project in Glenwood Springs, which is expected to occur between 2016 and 2018, shall the Concrete Batch Plant be permitted to operate 24 hours per day, 7 days per week. This temporary extension of the hours of operation shall last no later than the end of the operator's contract ~~/he ~nd :;~~~:ri~:J;L,~~1?ec~~ber ~ ;.~1/~~~~he~e~':tccu;s < '10- Q'-·cl.Mec ,,.( aac.t ofon? ... cf. ?~-.... ~ r-''"'(1 f' c;1f c->;ro/ <>I' r~ lf~'1' 2. The Parcel Number identified on the Land Use Change Permit recorded at Reception Number 835254 for "Continued Operation of a Concrete Batch Plant known as the Power's Pit Concrete Batch Plant" shall be updated from 2393-234- 00-131to2393-264-00-007. .3. J;;,; ~{c;fl,°'1;;}~1 e~("'? p odcc { c(.,,. (( CV1 ~ c.f'n:·.,,,,, ,,,,r te. ~ b~ 7 +.A--( tz P.0t -V'?071 60 i-'t-e ~ / .s Cl .,r 0 ;:a/ a..~~ A-c "'p P"" Ve. I. ( 7 ,f,,vr -7 f/.) /'}) 'f-G..c' s,r ;le s-. /. P'/ SC.,,~~ ~ (l,r; (/"'V1"/ 13 EXHIBIY. Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing . In addition, please Initial on the blank line next to the statements if they accurately reflect the described action. My application required written/malled notice to adjacent property owners and mineral owners. Malled notice was completed on the J1:1h. day of ltpr •' / • 2016. All owners of record within a 200 foot radius of the subject parcel were Identified as shown In the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral Interest In the subject property were identified through records In the Clerk and Recorder or Assessor, or through other means [list]------- • Please attach proof of certified, return receipt requested malled notice . • My application required Published notice. 4l.. Notice was published on the 1J.._ day of April Please attach proof of publication In the Rifle Citizen Telegram . • 2016. E(_ )>ly application required Posting of_ Notice. _ -flp:f-f v gt:-Notice was posted on the ~Y of ' • 2016 . .I~ Notice was posted so that at least one sign faced each adjacent road right of way U generally used by the public. I testify that the above Information Is true and accurate. Name:_G~_e.,.."""'"e_v._i_e_Je_...,./M;;;..;......;Rcfi"--'tt...::;.... ___ _ Signature:~~~ Date: :Ztfy , /~. 4()/0 , Ad Name: 120317300 Customer: United Companies 133 Your account number is: 9905839 PROOF OF PUBLICATION THERWL£ CITIZEN T£L£6RAM STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that l nm Publisher of Tiie Rifle Citizeu Telegrcmt, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks nex.t prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or nny amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Tiiat the a1U1cxed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 4/21/2016 and that the last publication of said notice was dated 4/21/2016 the issue of said newspaper. In witness whereof, I have here unto y hand this 04/25/2016. Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 04/25/2016. GkJL9~ PAMELA J. SCHULTZ NOTAAV PUllLIC STATE OF COUlAAOO NOfMVlll •t~ll30875 Yi~Eli*w•--1.iVll Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 EXHIBIT I L .-~~~~~~~~~~~~~~~~""-"•• PUBLIC NOTICE TAKE NOTICS tlut CRC, !.LC, luis •pplied ta die Plan11in11 Commissio11, Oa11ield Caunly, St.le of Colorado, lo rcqucJI approval for nn Ame11dmcnt la • p1evio11sly •l'l'wvcd Lind U" Cl11n;e Pe11nit on a properly siruoci:d in the County of Garfield, State ofColoraJo; ta-wic; Lepl Demjoiion; l'!oiec! Oeserirtiop: The Al'f'licant seeks to omcnd th~ appronls aranted by 1ho Bolfd ofCwi11y Conuuissioner for • Concrete Batch Plan •PPfl'Yed by Rcsollllion 2<111·71 and mauled by RcsoluliQC\ :2012·96. Spccirie111ly, tho Applicant is seeking to ...,r.nd Condition or Approvol JS.h. thlll provides lltol lhe plant optratc only MandAy lhraugh Selurday bctwcon 7.00 a.n1. and 7.00 p.m. The miue-t is to allow tho Batch Planl lo Oj)Cr&lo 24 hours ptr day, 7 days per wttk in order lo .. oommodalo • contnct with CDOT fo1 th~ Gr111d Avenue Bridae l'rnject in Glenwood Sprinp. Tho rcql>C•I is to Mly cxlcnd \Ito hows of opu:ition (or the dutalion of the CDOTfOrand Avenue Brids• l'rojcct •<mtr11cL In addicia11, Ille applicant sceb lo """""' tho porcal number and ocldress on tlio Land Uao Oimso Pamit ieconlcd May 14, 2013 under 1oception number 135254 ollawina "Continued Openliaa of a Cancn:to Ba:ch Plat blown u the Pnwu'1 Pit Concnle B1t.:h Pl:111L" Ulis amcndmeat i1 neceswy duo lo a 1ubdivision of the subject parcel folloWi.'13 ilsiwico of lhis Lwl UJG Owtgo Pcnnil for tho Saleh Planl Tho iue is ICICatcd on a S,BS •tf• leuo 11ca within an opproximllcly 35.308 acru pl'llpctty owned by Cl!C. LLC Tho Property is mned Ruml, All pelSOIU llTccled by Iha proposed pl111 arc Invited co 1ppear and Slale chcir viC\VJ, potcst or sup pen. II you ean not appear pmon1Uy at such hcarin1. then yn ar• qed to slalo your views by Idler, a tho Plamin1 Coaunis:iion will give consid.,.lion lo tho COllllllcnts ot sumundina prcp:rty owmrr, ond olhm a!Tecled, in decidins wh•lher lo n:caauncnd lhll the Board oC Counly CllJlllllWionns grant or deny tho r<qt>eJI. The applic:3tion m•Y bo 1.,..ic\ved Bl du: office of the PINtni111 Dep:otmcnt localed at 103 Ith Slm:l, Suilo401, Garfield Counly Pina Buildina, Glenwood Sprinss, Colorado ~ the hours of 8:l0 uo. and S:OO p.nl., Mondoy tlvouah Friday. Altemativcly, Iha appliclllion c.on bo •iowcd al l~IO'/truqn!s aor!jclit CSl\ll)lyeon!IWe!zLjnl;/CustornSmsb.osex7Se•rcbN•meJ!ujldincDocnmm1s..rsb (Scan:h for Filo No. MPAA.02·115-11424). A pabllc l1rarlnc on tho •ppllr:all•n hu b .. n 9Choduled for Wednesday, June I 11 ':OO l'.l'or. in tho CCKll1I)' Cornmis.ianers Mtctins Rrlam, Oatf'1eld Co.my Admini.itllion Buildina, 1oa Ith Street. at.:nwood Spri11a1, Colorado. l'uLlbl>al lnlht RlftoCiliu.o nJ<inm onAprll 21, 2016. Plwtina Deparu11cn1 Galfield Cowll)I I "" . I,... U.S . Postai Service" CERTtFH:D iV~Ai ~) RECEFFT -__ L_,,_:1 ~-LI ~0--w•wurt1Uzaaa ••4w isO -------- .CC ·:r ·u s·Je·- ·cQ I , ·IT' ,.... . .ru Olll*m.JIMllPI......,, ·-:'11:m-' co-... ..... ~ •. 11:.0 0 0 ·Cl OCldod1o111t.--iDllnl7 J 5g,gg c OIGll_...~ .• .t e ea . a~~.~··· . . Postage $1 .15 l! _·--~:..-:h i-. ' $7.15 CRVSTAl.-RANCH CORP. 13 FRIDAY LANE CHAPEL HILL, NC 27514 I ",,.,,..,. U..JU.I. Po**" He.rs 16 :4/18(2016 ~ " U.S. Postal Service·' CERTlFlED MAIL'.) RECEIPT Domestic f,i;;1 1 Ontv .I' •. Cb'mpteter11.ms.~1-z~·:i:~ .. ~;i -: ""'"'.:::;.,..-~ .-n~~ •. P11&yQut.nameend:'~700~-~ ·· · so-.111ift· . .,w,=can:·mn..n1~ c.i:tr.:t,q .~.: -. · ·: .... :I ..... . . .• Att8CIJ.~~tcr.ttle'1>atiiif.ttf1r~~-:~: · .K~ . (J('ofi~~tlt~Pa¢"e~'rijts:,. . .;__y . ~ ;.:;.J:,t; .1 . M!d6-~~=-:··· '; . ~ Ba)ley famlty rnvutme 111t "Tru st . 10.00lllu e Hero n La ne Carbon daJe, co· 81623 .· • 0::;0 1 1 6 ~ ffltf 0411a12v10 CAfent ' CAddnlssiK c.·oate o1 OeCvetY ..... .,, .. '···· ·ONo CAJ ~ iii --t C . ····~••p•terw@;a · -'fW . ..o§M!.iiii§h.u ---·. •+m~co. _ '.::l ·-·!! . -- •::r -•. li:O .. la-$ -~ ~Elara;..,...~,,,,.,,,,,,...._....,,~ttl*lt""""~o..""""""'.,,. ·, ·alio!irn~~-s lt .... ~ i:. :~ Ollo!lm~~ s $0 ;OD ·er a~---~ •. $0 00 :c OAcMt,.._.floqoftd ·~ . a _ __.,__o.fttl'f s ;~·~ $1.15 :~ ni1a1 amge~Fea $7 .1s· OS6i···· -·~7 · L O Pmatladl ~ ,ffm 04118/$16 ~Ul l:-~,..---f l . --· ·i RYOBI FOUNDATION ~110HWYB2 CARBONDALE, CO 81623 1.-=1 IC .r- il•ll U.S. ?ostal Servjce'" CERTlFH:D MA~l? 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EXHIBIT A.6 Adjacent Property Owners to the Leased Parcel (Powers Ready Mix Plant) Parcel Owner Name Address 1. 239326300002 Bailey Family Investment Trust 1000 Blue Heron Lane Carbondale, CO 81623 2. 239326300003 Balley Family Investment Trust 1000 Blue Heron Lane Carbondale, co 81623 3. 239326400004 Balley Family lnvestmentTrust 1000 Blue Heron Lane Carbondale, CO 81623 4. 239326300005 Balley Family Investment Trust 1000 Blue Heron Lane Carbondale, CO 81623 5. 239325300158 Clifford Cerise Ranch Company 86 104 County Road Carbondale, CO 81623 6. 239326300006 RVOBI Foundation 13110 Hwy 82 Carbondale, CO 81623 7. 239323400131 Crystal Ranch Corp 13 Friday Lane Chapel Hill, NC 27514 PUBLIC NOTICE TAKE NOTICE that CRC, LLC, has applied to the Planning Commission, Garfie ld Cou nty, State of C~lorado, to requ~t a ppro.val for an ~endment to a previously approved Land U se Change Permit on n property situated m the County of Garfield, State of Colorado; to ·wit: Legal Description: POWERS RANCH EXEMPTJON PARCEL DESCRIPTION ............ •-•••• •·u-·-••un...._......,...,._._........_...,, •• ,, ••..YJ1'l'.-•-u-.. 1•u .. ..-..... ,...., • .•. ~~- A ma OF I.AHi> ~AT'EO wiTHIN tOTS 10, 11 AHrH~·CJP$£CJtOH ~6, l'OWNSJ19> '150~ RANGE sa WEST Of TJf~·~)('f},t PRlffdPAl MEHJDIAJt ~t~O. S,fJ}.IAlJlD. WrtHltt'UfAi'·~l\OnRW 0.6$(81~~ IN1liJ ootoM~N'J'~COROlDOH~CH ~ •. 10~2 f4$ REtmlO~JlO.~$!SOF 'rU! GAJtF)w,tOOUHJY f.\tCOflD$, Wl1H ·f\U. erAAINGSCQNrNNEO RELATIVE. to TUE etAR~G 519•s91()f"~ BElW~tnHe f.OUNO MONUMENT REPllESENTING lH! N ~OF SAIO SECTION 26 AND SECTION 27 ANb THEfOUHD MOHUM[NT REPWfNnMG TliE M.c ~'OF SAIO SECT'lotfS 26 l\ND 27; SAIO TRACT BEING M°"f! PAAlJCUlAl\lY DESCIU8ED A5 FOi.LOWS: BEBINN•MJ"t-T A' ~Oltlr ON me ftlGJn:·OF•WAY 'Jl!CO!\P~O AS RECEPTION NOS. 8M949 AND 848460 OF SAID COUmY:t'f(XfffOS FROM WHENCE !Aff>.N.Ct.it NAAS N1J'34'0l"W, A DISTANCE Of ~1J5.ff FEtt; lHENct .AU>NG SAl0,l1GHT·OF'-WAY1ff £ F.OU.DV/ING SIX ,6) COU~ES: ' i) s 4J •01109'" W4~2.8S'fEff1 2) 94.97 FEET A~OMG'l)iE AftC Of A CURVE to 1"E RIGHT, RADIUS Of 2.00.00 FEET AND Cl!NTRALAHG~ Of · 27~·1.-:z!2S '! (~OJtQ,S;~~124•w, '4.08 ffll);. . . . 3J s 70'15'~ .. w, t16.8S fe.tt1 4) 1'47.9.$ fttf AlONGlHE•ARC OF A tu~VE ro Ttlf lEF't RADIUS OF 1Ci0.00 F£Er "'40 CEHlRAL ANGlE OF s2•sa·~ fC:HOflO ~ ~~4&'1£>" w, 142.1a FUT); 5J S J.1•u154• W, 4.~J=HJ'J G) .s sg•1s·u •. w, &1.~1 FEET TO A P.OIHT tlff THf COMMbN 8QllflOAl\Y'Of S4JO ·MOl'fRTf DESCftlfSEO IN titfS .00CUM£H't'RECOffOf'.D 'MAACf:t l~ a)12 Ari RfCEt.l'IOk HO.eJ&in ANDlHf .NORm~~y •. ftfGHT·Of.WAY O.F S.YATt W(f HWAY .NC).•87.; 'tlf EtiCE toN.TiNU(HG ~J;ONG nte J'0°'110Aft'I Of: SAID PftO.PtR'i.V-AHt>-iffE NOFllliER'-'f .ftttsHT .Of.WAY e>nnq~Y K1. llf~~OLl.OWJNO 'llCRH (3) ~ 1) N75'A0'4~"W, 61.20 .FEET; 2) tn2•.st'J.9"W, 1.100.00fEEr; ----~).N6~.,.18.1ili..~ THENCE L£AVING$AID DOUNPAftY AHD SAIO RIGtfT'-0,:0WAYntE fOllOWING flGHT (I) COURSE$.: -- l) tl26-01 '44"t', 276.01 Fffl'; 2) '-'47'S1125"E, 17!U1 ftfT; 31N~"09124"E,429,33 FEtT; _. NCs•13'(16•f1172.f7fEET; s 533•1-rS4"f, 1,07834 Fm": 6) S4r35'39"E., 200.GO FEET; 7} S26'2.l'£4"W, $13, 1• FHt; B} 517"13'054 £, 3i2.3t FEETTO THE PQIM' OF BfGINHING. SAID TAACT CONTAINS 1,S31,0J2 SQ. ft 01\ 35.aOB ACRES, MORE OR W.S. COUNTf OF GAltFIElD STATE OF COLOMOO Practical Description: 13112 Highway 82, Carbondale, CO 81623, 2 miles east of the Town of Carbondale (northwest corner of CR 103 and SH 82). The property is also known by Assessor's Parcel No. 239326400007. Project Description; The Applicant seeks to amend Ute approvals granted by the Board of County Commissioner for a Concrete Batch Plan approved by Resolution 2011-77 and extended by Resolution 2012-96. Specifically, the Applicant is seeking to amend Condition of Approval #5.h. that provides that the plant operate only Monday through Saturday between 7 .00 a.m. and 7 .00 p.m. The request is to allow the Batch Plant to operate 24 hours per day, 7 days per week in order to accommodate a contract with COOT for the Grand A venue Bridge Project in Glenwood Springs. The request is to only extend the hours of operation for the duration of the COOT/Grand Avenue Bridge Project contract. In addition, the applicant seeks to correct the parcel number and address on the Land Use Change Permit recorded May 14, 2013 under reception number 835254 allowing "Continued Operation of a Concrete Batch Plat known as the Power's Pit Concrete Batch Plant." This amendment is necessary due to a subdivision of the subject parcel following issuance of this Land Use Change Permit for the Batch Plant. The use is located on a 5 .85 acre lease area within an approximately 35.308 acres property owned .. . l;>y CRC, LLC. The Property is zoned Rural ... . . . All persons affected by the proposed plan are invited to appear and state their views. protest or support. H you can not appear personally at such hearing, then you are urged to state your views by letter. as the Planning Commission will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to recommend that the Board of County Commissioners grant or deny the request. The application may be reviewed at the office of the .Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. Alternatively, Ute application can be viewed at http://records.garfield· county.com/WebLink/CustomSearch.aspx?SearchName=BuildingDocumentSearch (Search for File No. MPAA·02-16-8424). -- A public hearing on the application has been scheduled for Wednesday, June 8 at 6:00 P.M. in the County Commissioners Meeting Room, Garfield County Administration Building, 108 8Ut Street, Glenwood Springs, Colorado. Planning Department Garfield County . . Location Map Subject Parcel EXHIBIT 'I Garfield County 195 W. 14111 Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 Blh Street Glenwood Springs, CO 81601 Attn : David Pesnlchak April 25, 2016 Hello Dave, Public H ea/th E>(_HIBIT· 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 My comments for the Powers Ready Mix Plant -Grand Ave Bridge Project are limited as this pertains only to a change or hours. Environmental health encourages Industrial operaUons to be "good neighbors• when it comes to potential nuisance conditions such as noise, dust, odors, and lighting. An Increase of the operating hours for this facility represents a potential increase In the frequency of nuisance conditions for neighboring land uses. However, given that this location Is not near many occupied structures and the need for the product it produces during non-typical workhours Is significant during their contract with Granite Construction, we feel this change is allowable. There are a few considerations that the applicant should consider as they proceed with this change. 1. Notice should be provided to the Colorado Department of Public Health and Environment's Air Pollution Control Division (APCO) of the increase In production as appropriate, to assure OldCastle Materials remains In compliance with their permit from theAPCD. 2. The operating hours for the Cerise mine shall remain the same regardless of the changes. We appreciate that this Is already noted In the application. 3. As always, care should be taken to prevent spills and any other potential for contamination or ground and surface waler. This facility is located within the boundaries of Town of Carbondale's drinking water supply. If an Incident does occur, the applicant should contact Mark O'Meara at 970-963-3140. Thank you, fl~/!lt-1/f_· f:/ttt, Morgan Hill Environmental Health Specialist Ill Garfield County Public Health 195 W. 141t1 Street RiRe, CO 81650 (970) 665-6383 Garfield Counly Public Heallh Department -working to promote health and prevent disease -· --EXHIB{r -, i 10 ,, David Pesnichak ----------------------------------· ---: •J { From: Sent To: Bill Gavette <gavette@carbondalefire.org> Tuesday, April 19, 2016 12:13 PM David Pesnichak --- Subject: Major Impact Review Substantial Amendment -Powers Pit Concrete Batch Plant - MPAA-02-16-8424 David, I have reviewed the submittal for the Power's Pit Concrete Batch Plant. The plant currently has a HiShway 82 address. The new access to the pit Is off County Road 103. It would be helpful to have a new County Road 103 address assigned to the faclllty to help minimize any confusion with the addressing. There are no other Issues regarding the facility. Thanks, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District www .ca rbondalefire.org 970.963-2491 FIRE•E.\IS·WCUE 1 April 12, 2016 Mr. David Pesnichak Garfield County Planning I 08 81h Street, Suite 401 Glenwood Springs, CO 8160 I ~, MOUNTMIN CROSS !NGIN!!RING, INC. RE: Review of Powers Land Use Change Permit Application: MPPA-02-16-8424 Dear David: This office has performed a review of the documents provided for the Land Use Change Pennit Application for the Powers Pit hours of operation. The submittals were found to be thorough and well organized. The review generated no questions, concerns, or comments. Feel free to call if you have any questions or comments. Chris Hale, PE 826 'h Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountalncr oss-eng.com 'r --EXHIBIT -- David Pesnichak ' IL. 'I -----------------------------------------------------------~--'t -:s_, l From : Sent To: Subject Follow Up Flag: Flag Status: April 5, 2016 Kuster -CDPHE, Kent <kentkuster@state.co.us > Tuesday, April OS, 2016 8:35 AM David Pesnichak MPPA-02-16-8424 Flag for follow up Flagged David Pesnichak, Senior Planner Garfield County Community Development Department 108 Sth Street, Suite 401 Glenwood Springs, CO 81601 Re: File No. MPPA-02-16·8424 Dear Mr . Pesnichak, -- - The Colorado Department of Public Health and Environment has no comment on the Powers Pit Batch Plant Substantial Amendment referral. We do suggest that the applicant with all state and federal environmental rules and regulations. This may require the applicant or its contractor to obtain a permit for certain regulated activities before you can emit or discharge a pollutant into the air or water, dispose of hazardous waste or engage in certain regulated activities. Please contact Kent Kuster at 303-692-3662 with any questions. Sincerely, Kent Kuster 1 I ~-1 1;XHIBIT1 -) David Pesnichak jr ~ 1 1 ------------------------------1 .W __ J ~ .,._ ..-I • From: Sent To: Subject Rouss in -COOT, Daniel <daniel.roussin@state.co.us> Wednesday, March 30, 2016 4:26 PM David Pesnichak Re : Powers Pit Batch Plant -Referral -Subst Amd David -It worked that time. I think the system will work fine. I have no comments. The changing the hours of operation doesn't change the access permit. thanks for checking with me. Dan Dan Roussin Permit Unit Manager Traffic and Safety ~Yllff COLORADO ~Y Department of Transportation N Region 3 P 970.683 .6284 I F 970.683.6290 222 South 6th Street, Room 100, Grand Junction, CO 8 l 50 l daniel.rqussin@state.co.us I www.codot.gov/ I www.co tri D.orq II@~ On Wed, Mar 30, 2016 nt 4: 12 PM, David Pesnichak <dpcsnichak@garficld-county.co m> wrote : HeJlo Everyone, ·- It has come to my attention that the application number was mistyped for the below application . The application number should be MPPA-02-16-8424. Sorry for any confusion this may have caused. I ) ,~BIT Garfield County Road & Bridge March 30, 2016 Re: Major Impact Review Substantial Amendment-Powers Pit Concrete Batch Plant David, Garfield County Road & Bridge have no concerns with the request to extend the hours of operation for the duration of the COOT/Grand Avenue Bridge Project contract, or to correct the parcel number and address on the Land Use Change Permit. Please contact me If you have any questions. Thanks Mike Prehm Garfield County R & B District l Foreman (970)945·1223 office (970)945 ·1318 Fax David Pesnichak From: Sent To: Subject Kelly Cave Wednesday, May 25, 2016 9:15 AM David Pesnichalc; Tamra Allen Powers Pit Notice Failure The Powers Pit applicant failed notice requirements since the mineral owners were not notified by certified mail, return receipt requested, 30 days prior to the hearing in violation of CRS 24-65.5 -103 and the County's land use code. Additionally, the property was posted over 60 days prior to the hearing in violation of the County's land use code which states that the property shall be posted no more than 60 days prior to the hearing. As such, notice is insufficient. Constructive notice under the County's land use code (4-103E(S)) may be discussed In regard to the posting error, but not for the CRS 24-65.5-103 violation. The statute requires that notice be provided 30 days prior to the last-known address of the mineral estate owner as shown by the records . Thanks, Kelly Ca\C Assistant Gnrficld County Auornc} 108 8th Strccl, Suite 219 Glenwood Springs, CO 81601 Telephone: (970) 945-9150, ext. 1735 Fax: (970) 384-5005 Email: kc:l\'c@g:irficld-coun~.com CONFIDENTIALITY STATEMENT: This message and any attachments are confidential and intended solely for the use of the Individual or entity to which it is addressed. The information contained herein may Include protected or otherwise privileged Information. Unauthorized review, forwarding, printing, copying, distributing, or other use or such information is strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by replying to this message and delete the email without further disclosure. Thank you. 1 XHletr ·-· - 0 Oldcastle® Materials SOUTHWEST REGION FOUR CORNERS MATl!RIALS I r; -& TELLURIDE GRAVEL UNITED COMPANIES June 7, 2016 Jason Burkey Oldcastle SW Group, Inc. dba United Companies 2273 River Road Grand Junction, CO 81505 Re: Powers Pit Concrete Batch Plant -CRC, LLC Jason, Garfield County Planning Commission Meeting-June 8, 2016 Garfield County BOCC Meeting -June 13, 2016 When I became aware that the mineral owner had not been proper1y notified, I carried out the following : 1. On Monday, May 23, 2016, sent a Fedex to Shirley L Sparks, 14209 Sedrev Rd NE, Albuquerque, NM 87123. Fedex #810025191450 was delivered on May 24, 2016at11:00 am. Fedex has a signature on file. 2. On Monday, May 23, 2016, sent a certified letter, No. 70151730000219848945 to Shirley L. Sparks, 14209 Sedrev Rd NE, Albuquerque, NM 87123. 3. Using the Internet white pages, I found that there is a Lorena J . Vogel and 2 more residents living at 14209 Sedrev Rd NE. I found a phone number for the address (505-299-7950) and left a message on May 24, 2016, explaining who I was and that I was trying to reach Shirley L. Sparks in connection with an Amendment to a Land Use Change Permit 4. I received a call back from Karen LaRue. She Identified herself as Shirley Sparks' daughter and only heir. She also said that her daughter, Lorena Vogel, (Shirley's granddaughter) was currently living at 14209 Sedrev Rd NE, Albuquerque, NM. She indicated that Shirley Sparks had died over a year earlier. She did not give me a date, and I, unfortunately, did not ask for the date or any specific details. I asked if she could provide documentation showing she was the heir and any documentation she had in this regard. I also asked for a copy of the death certificate and gave her the fax number for our office. She said she didn't think she could locate any paperwork quickly and that she would be away for a time . I did not press for details and she volunteered none . She did tell me she had read the Notices sent to her by Fedex, that she understood them, and she has no objections. 5. I have been unsuccessful in obtaining a copy of an obituary for Shirley Sparks through a search using the internet Sincerely, Oldcastle SW Group, Inc. Oba United Companies di f ~~~4.. Genevieve Blecha Office Manager 2273 River Road POBox3609 Grand Junction, CO 81502 PH ; 970-243-4900 Fax:970-243-5945 Pnckao. · -Express US .4ir/Jtl! ~~; 81 o a 2 s 19 14 so From Pl•as• print and PfaJ3 tr.rd. Date 5/23/16 Sender's FedEx Accoynt Number Sende(s Name Com pany Address JASON BURKEY UNITED COM P ANIE S 2273 RIVER RD ~ GRAND JUNCTION State Yourlntemal Billing Reference POWERS PIT rn 14 th9ttctera ..... IPQttr "' ~Cl To Recipien!'s SHIRLEY L. 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