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Home My WebLink About3.0 BOCC Staff Report 06.13.2016Board of County Commissioners -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 13, 2016 Exhibit Exhibit Description Number 1 Public Hearino Notice Information Form 2 Proof of Publication 3 Recei pts from Mailing Notice 4 Photo evidence of Public Notice Postin g 5 Garfield County Land Use and Develop ment Code, as amended 6 Garfield Coun ty Comprehensive Plan of 2030 7 A pp lication 8 Staff Report 9 Referral Comments from Garfield County Public Health Department (Dated A pril 25, 2016} 10 Referral Comments from the Carbondale Fire Protection District (Dated Ap 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 pril 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 Department (Dated May 30, 2016) 15 Email from the Garfield County Attorney's Office (Dated May 25, 2016) 16 Letter from Jason Burkey (Dated June 7, 2016) 17 FedEx Receipt #810025191450 and USPS Receipt #70151730000219848945 to Shirley L. Sparks 18 t.etft' r {' r.;-.1'1, J(nr,,..t'? t,~.17ve .,../.i ¥&/ '-'"'cl~ 10. ?o/h 19 20 21 BOCC 6/13/2016 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 PLANNING COMMISSION Recommends Approval with Conditions I. BACKGROUND The Planning Commission heard this application on June 8, 2016. At this hearing , the Planning Commission voted to recommend approval with conditions to the Board of County Commissioners. 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. 1 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) 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 : 2 In 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 Is going to be needed on site. However, we do know the project schedule will require ready mix 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 #5.h to allow to run 24 hours per day and 7 days a week . Obviously we will 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 cubic 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 llmlt so the addition of the bridge project yardage will be well below our limit. (See attached truck count analysis) 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 8. Oldcastle SW Group, Inc. dba United Companies requests a Waiver Request for Section 7-lOOlH 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. One public comment has been received via phone on June 7, 2016 from Andy Quiat of Wooden Deer Subdivision to the north indicating concern for noise and light from the operation outside of normal business hours. 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 3 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. II. LOCATION-SITE DESCRIPTION Location Map Subject Parcel 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 . 4 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. 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 (See Exhibit 16}. For the notices that have been sent, the property posting and publication, one phone contact from the Andy Quiat was received on June 7, 2016 which expressed concern for noise and lighting outside of normal business hours. Comments from referral agencies and County Departments are summarized below and attached as Exhibits. 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 APCO 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 1 O} • 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 COPHE 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. 5 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. 7-101: Zone District Regulations The proposed use, as permitted, demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular 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 , and clustered res1dential subdivision, density detennined by degree of clustering and land preserved m open cond1llon 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 6 COMPATIBLE ZONING Rural (R) Planned Unit Development (PUD) Rural Employment Center Description Rural Employment Centers 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 1 O acres) that accommodate principally employment uses, such as light industrial, manufacturing and equipment 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 DESCRIPTION COMPATIBLE ZONING Rural Small areas adjacent to major roadways that Commercial General (CG) Employment allow light industrial , manufacturing. equipment Center storage. and incidental retail sales. This Industrial (l) 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 Plan 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 with 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 7 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. One comment was received via phone on June 7, 2016, however that property owner is more than 200' from the subject parcel. Noise impacts were analyzed as a part of the original approval and the facility remains obligated to abide by the State noise statutes. 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. 7-105: 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. This analysis is as follows: 8 Truck Analysis Powers RMC Plant CDPHE Air Permit # 07GA0972 Annual Production limit -100,000 cubic yards Truck analysis based on permitted production limit of 100K (7.2 yards per truck ls Industry standard) Z014 2015 Year Cub le TN,kTrlps 21717 11525 Annllal Production CY Mantn YiRll plrMOfllh 22'lli 1"' "at p1rmltted llmlt lan 4000 556 122 10s Feb 4000 556 122 106 Mar 4000 556 122 106 Aprll 5000 694 153 132 M1y 15000 2083 458 396 June 15000 2083 458 396 July 15000 2083 458 396 AUC 15000 2083 458 396 Sept 10000 1389 306 264 Oct 5000 694 153 132 Nov 4000 SS6 122 106 Ott !222 m ill 12§ ToUI 100,000 13889 3056 2639 Nat.: Vards pu mon1h Is an e•ample and Is not set but dtlven by marlcet demand 2016 2017 Dr ldgc ProJcct £ .. ,. !>,000 wblc yards Cridge Project ~•/· li,000,ubl' yaril~ cubic Truck Trips per day Cubic Trucl< Trip~ per day Yards per Month (2Z day Monthl Yards per Month 122 day Montnf sbb 69 g Sou g; j 500 69 3 500 69 3 750 104 5 500 69 3 1000 139 IS 500 69 3 1000 139 6 500 69 3 1000 139 6 500 G!> 3 1000 139 6 500 69 3 1000 139 6 500 69 3 750 104 5 500 li9 3 500 69 3 SOD 69 3 500 69 3 500 69 3 ~ ~ l ~ §! 1 9,000 1250 57 6,000 833 38 Note: Montllly demand Is estimated Nol•: Monthly demand Is estltNltd The top chart shows the permitted limits and maximun trucks gener.ited by lOOK cubic yards and the actual truck traffJC from 2014 & 201s based on a percentage or production. The additional yardage & truck traffic required by the Grand Ave Bridge project, shown above in RED, will have a very minor Impact on the current operations. In addition, the project will be In compliance with the site Air Permit will have a very minor impact with regards to Fugitive Oust Emissions and Noise because of the fact the production needs are going to be spread out over 2 years and are well within pre approved limits. 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. 9 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 approv~I. 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. 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 10 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 Load ing 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 orig inal approval. D. Storing This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 11 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. Noise generation from the site was analyzed as a part of the original approval and is not expected to change as a result of this amendment. 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 th is 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 , t he Applicant has requested a waiver from this Standard in order to support the request for altered hours of operation. 12 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. 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. PLANNING COMMISSION RECOMMENDATION As a result of comments received through the public notification process as well as comments received from referral agencies for this request, Staff and the Planning Commission recommend 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 Board of County Commissioners. 2. The hearing before the Board of County Commissioners 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. 13 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 for the Grand Avenue Bridge project or December 31, 2019, whichever occurs first. In addition, the operator shall provide evidence to the Community Development Department once the contract for the Grand Avenue Bridge project has ended. 2. During the 24 hours per day, 7 days per week operational hours during the Grand Avenue Bridge project, pr~tshall only be delivered to the site pursuant to the hours of operation for the original approval, specifically between 7 a.m. and 7 p.m. Monday through Saturday. (c~ ... ,,.,~ ?bt.·~. ~ c,Jt,, -t 4.{/frv-.1e) 3. 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- 00-131 to 2393-264-00-007. 14 ' EXHIBIT I I Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your publiF hearing. In addition, please Initial on the blank line next to the statements If they accurately reflect the described action. ~ My application required written/mailed notice to adjacent property ownel' and mineral ~ owners. 'J.I,.. ~ Malled notice was completed on the ft.ff, day of ~ (,' ( , 2016. 1~ __ 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 applicatlon required Publ~hed notice. /f' Notice was published on the ..:Y_ day of ~(, '{ • Please attach proof of publication In the Rffle Citizen Telegram. • 2016. uJ .Ir ~! application required Postin!! o~.otlce. jlv ·L 7/ 7 Notice was posted on the day of '4/'8--1 _ . 2016. J,. / Notice was posted so that at least one sign faced each adjacent road rlght of way l generally used by the public. I testify that the above Information Is true and accurate. Name: G~oe0'e/~ /.!lghq Signature: \~iue . ~ oate: __ n_..141--#-....... ~"""f"· .....>:)'"'--P--"lb'------- Ad Name: 120316500 Customer: United Companies 133 Your account number is: 9905839 PROOF OF PUBLICATION TH£ RIFLE Cl1r1Zfil! mL£6RAM STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of Tlie Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed. legal notice or adve11isement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Thal the annexed legal notice or advertisement was pub Ii shed in the regular and entire issue of every number of said weekly newspaper for the period of ! 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. C211JL9~ PMIELAJ. SCHULTZ NOTARY PUBLIC STATE OF COLOAAOO NOfARV IOllSOIJl030875 l'l'CaMWIGll&i>n•~ 1,21111 Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 EXHIBIT r--------t ?.. • l'UBUC NOTICE TAKE NOTICE 11131 CRC. LLC. has applied lo lhe Bond of COlml)' Commissioaen, Garfield Coanly, State ot Color:ido, to request 1pp1oval rora11 Amcndme11t10 1 prc~Jously 1pptovcd_L111d Use Change l'ctn1it on I p1o~c1ry.si111alcd In ll1e Coun1y or01rfleld, Slate of c..torado; to•wit: Lesal Oomjplion; ~lR.5 RANCH EXEMPTION PARCEL D~ ,. ~O.PWlO~YhneNtoulo', UAlllUl'O'SlCllON i .. ~fml\Mllall WIJr01111i!~llalfl'UICIPAl.MCMIWl.AUOllTllA1l11WllW!llllAltlllln:i'IYOlfQl!Klt11111\f ootvMDll'.Uco.ll[D DllJ.IMCI! 1',lCJt/U RECVllO!lllO.Qfl.ISlll'lllll~CO(llf)Y 8[CllRll$. !l/lfff11U.HAMICll~AAllO.UAIM.fil1111tfM'!Qna'UW(H'IWllM111ff()UMD MOllUMllll WlllamHnl11 II l(o Of SJ.&OUC'llON lUNO lftllOH l1 ANlllllll'OUllb r.IOHU~!INI ,~Nl1N0111lklltOFSMIUCllOtl$U4NP27;SAIDlllKlllllNGMO«l1-IX1IAll'l DUCNlllJ ~- MGINHIM!i\T AfCllMf alllll!~r.of-wAn~·~AtJf([l"l'IOlll/lllS.lll!MtAllll-Of WDCOU!fi't~lWllDSfllOM'lllWICftND,tM;t;.UA~NU'J4'01'W,ADQTNtt%Cfl7JS.ftflrTI '!111*UL0HC$A10.NGlll'.()f•W.l.mlEl~£Dl(SICIQU~ • suu-.iww, 'l7JIS nrr1 . . -~~~=$"=-~~~=~~~fff,~~~l!ET~~~:~w·- JlSN-U°lt'W, \7WfU'l1 · I H7.DfflT lllOllGlHUllCOI ACllllYI ID'Tllt lrFT,AAOAISCUIQ.CllftrJ AHllcumM.AlllJllOI n'Jl'U•(OIOlllS fl'f~16~W, 1'17'1ln): '!•"'104·w ... ~wrr, 1 $ St'lf1l".ftlf A7fW 111/<l'OlllTOll'ltlC aJMIAblUIOllllllMll YOf SAll!llllnlrrt=WCNitJI Ill \'i1IDOQlt.\llfOlCOIDlllJMIKll 17, IOlt.IS aJtunOfffll).Q; lSAl'OTiflNClll lllG!lt~f.WA'rllfn•\T'lfftlWPNfl,llz111D!C1C011lllltJUldp.&.011QTHtllQlll&IMY MID raoruty~o111tNOl.'llll'Al.Yj11n!f.ofoWA'l'ot'lflllttWt.YftlllEfCIWWlll4nt••PI~ 111111•.ro'•rw,u.avrl:fll : ::: :-..Tc:o~~a W.WIGSAID IOUNllA.V tJjOS&IO-..~WA'tTitlfouanwl LICINr[ll aJU!Ua. ' IJ lt2''V1'-'C"t m.ouur: 11 ,..,..~11·i:.11w rtn1 ~-H'f.Oll.311UTI /llS'IJU'C. l1U7fUTI J Jll'ITS4'1'. l,Ol'Ulftfll 'I S'J'n'J•'t. t00.&01ttT1 JISU'Jl'M'W,SlU,fUll II S17'1111S't:.11Ut lmll)llll 'QINrClf NGlllHlllCJ. SAIOTMel'a>Hfl\lllU,SJl,OIJ SQ. ff.ClllJt.JOIAOD,MCUIJa 11::.1. COllll1Y Of QASllW) srAJt of CllUIUOO r .. oticol Dt•<Ti•ljon: 11112 lli;hw•r 12. Carbondale, CO 81623, 2 miles cast of tho Tm.n of C11bondalo (nonhw.st comer of CR 103 llld SH 82). Tbe pnopmy is also known by Ancuot'I PM<cl No. 219326400007. Ptoicot Dcmiptjon· The Appli<Ml s ... ks lu armncl !loo approv1l1 ;ranlcd by Iii• Doan! ofCoonty Co111miuio= for a Concrete B•td1 Plan 1pprovod by R .. olullon 2011·77 1nd extended by Ranlution 21112·96. Spttificall1, 1he Applicont is ud:ing to amend Condition of Approval ~S.h, that provides do:it lhc plant operilo only Mondoy 1hrou11h S.turd.ty l>dwccn 7.0JJ a.nt. mid 1.0JJ p.m. Tho request is to allow th.r Bolch Plant lo opctlle 24 hows per d1y, 7 'days per week in on!or to accommod1te • controcl with CDOT for tho Orond Avcnvc Bridge l'rvject in Olcnwood Srrings. The roqoui Is to only exlond tt.o hours of opelOlion forll10 d•rotion of rho COOT/01and AVCFUO Bridge Projcet co:itnol. ln additiot~ rho 1pplicant KCU to eontc! !ho parcel rwmbcr llXI dclrtJS on the l.:ond Use Cliongo l'cnnil rCCOlll<d May 14. 2013 under rectp6on nwnboc 135154 ollowina "Continued Ope~ion of o Conctcla Batdi Plat k""'"' 111 Ibo Power'• Pil Ccnctclo D:udi Pl..,L" This •mcndmml Ii n..esury duo lo • 1UbdivUion or lhe subject parcel r..ilowi•• iHWIRl:O or lhia Und Use Ch11110 Ptn11it for lhc D•tch Plonl. The use ii looalod on 1 5.IS •era lcoso ina witltin an 1pproxim11ely JS.JOI NUS propcny owned by CRC. U.C. The Propercy Is mncd RunL All pcllollS alTcclcd by 1110 pocposed vlan .... inYiled lo oppear and 11110 !heir vi ...... protal or AUppoiL If you can nol oppcar personally 11 such h..,inL !Mn you 110 u11ed to stalo your views by ...... llS the llolld or CounlJ' Cammissionen will sivt considcralioo to the com""'nls of ""'°""di•s propony O\mcrt, aod orhus alT<ctod, in dceidin& wl1c1hcr to pant ot deny tho ~quc.it. Tho epplication may bo 1cvicwcd at Iha office or Iha Planning Ocputn><nt located 11 !DI Ith Sbcd. Suite •01, Gorllcld Cmlll!y Pl-Buildins. Glcnwaod Sprinp. Colorado bol,..,.n tho hours o£1:JO a.m . ..,d 5:00 p.m. Monday tluough Prid>y. Altcm11ivdy, lhc applica1ian an be YO.wed at h11p·lfrecgrd1 CPdir!d• !i09!!'V coml\YobLinklCl!t!ornS...rch •mc7Swd!Nam.,.Byildi11ooocynicn1S.orth (Search ro1 file No. MPAA·Ol-16442~). II. publlc heorln1 on Ibo 1ppliulloa h .. ilcea rchcd•lal for ~foad1y, Jone ll at 1:00 P.Af. in tho COllrlly Commiuioneu Mccrinc Room, Glrflcld CO\lllly AdoniniJll'alio11 Buildina. IOI Ith Srrcc~ Glenwood Spriniis. Colooodo. Pwlilhe4 lo d•• Rift• Ci~'"' Tdqram on Aplfl 21, 201&. Pbmins Dcpoatnu:nt Oarr.eld Coualy I -' U.S. Postal Service"' CERTIF~ED MA!L0 RECE~PT Domestic M;iil Only ;r't ~a-icO ·----. ---· -----:z:e . • =z-'cO 6Cc11,....,,,ft""td,,.n:•;;ll:..,l'_~....i.;.:14{.li~~~~~~~~~..,,,=~=---.J Ir MS . ., - ru a11oam~~8";''11~ -CJ [Jfl.rUllAocqltClloc:lftri<t , !t·o no • Cl oe.i.'!'.sMtll~~ ' ·ft;i :og. O:i01 16 Postm1111t Henr c a w!llQr.al!ln~ .•·~ea • • OM~ll_alridld.DdWoT s ... ,, • ,, , ·--~ PoslaQ* $1.15 r-~.,......,---==-------M atalPoetageandFMS $?.l 5 04/18/2VlC. Ll"J --·--------~==--"'"' . CRYSTAL RANCH CORP, ~ 13 FRIDAY LANE CHAPEL HILL, NC 27514 ~ r-r-· c:o c:c U.S. Postal Service·~ CERTIFiED MAIL® RECEIPT Do mestir. ii/ail Only V~01 10 Pat!inladl tte,, 1)4/13/:W16 .. tl : l .~ h~"i'~;;;.'?.;t.<t,,.i.•~~'.t~."'ii<">:.~·-""~'.~"'··-.,;'!'.~' l:-•. " ~-: :"\o:l'UJ.l·•~le'ilJ!iP .MerJl:fi •~.'4';i,8fl~~--o'\ "( -""' . • • -;I"-~· · ,_._. Pniltyatx'.tri"•:Sn;:(atil:lr~~oiilt\ie~crsc'· . ·: ~.· ";. a ~ent , . llo :uidt.Wo-i!O'.ie:ilfrf\.'the ·Cliif.1o'. ).O\i-..:. · · · : • : : , t . CJ AdcftKscM : _.. ~ci;.1tilS:diti:~it~ltafpf.tha:mwrpi'ee&\flj'.'·: :· . . 0. Oat11 of Dc1fvcry . or.-.on·~ne..'1fonnt: &!.:.._.~romif :.:· t.· . -::· .. t~ ~, ;..=i..-· • • "' ' . ,,_ .. ~i-'<l ....• .,.,.,, .. .c,.• ... ~~l( .1. Al1Jl;:e~Cltl!$Sf!:dj:c!: • ·:;. ,.,., ...... r e.libl .... lA ; ii :q U.S. ?ostal Ser vice''' Ci::RTIFlED MA~LD REC=:~FT CJ · -.Jl· Oomeslic "1a1/ Oni'I ·CO ·-.cc - := --0 F -:U S1: -. -"° ~i - . :· ·~, ~ oooi.··· ~ •• '.Ai ,....... ---....... ,. ~·-Qllolwn ...... ~ S J. .• t LO i ~ O.....,~~ s !O .® P~ c n~-~iw.-s c;.o no I· .tmw :i;::, 0~/18/:2016 OE-~ ... M I :m H.15 ~ ::::..,,_ · s1.15· -™ ,_ " 1 RYOSf FOUNDATION q110HWY8z CARBONDALE, co · 81623 ,~ ~~ mml;.J I ·-----.__ ........ ---·-------- • eomptete'iteml·'1, 2, ~\cf:tt:' . • Prlnt yow n•nuund aildl'8SS.;on .trui ·revene ~~~~~~~t7~~7=~~~~~~5 so that we can retum. lt'M!· card to you. ;' U.S. Postai Service"' CERTIFiED MA~L0 RECEiPT Domestic f.1ai / Only •,Ai luo23'J $ -E .ltL.Jlh~ $1.15 $7.1~ v.;01 16 POllmelt l'lllm 04-/1 S/20l o CLIFFORD CERISE RANCJ:I COMPANY 86'104 COUNTY ROAD CARBONDALE, CO ·81623 --------·· •. _....,... __ _ • Attach1h1!1-cmd to-tfu1b&Ck.of.th9-nia!lplece.~.;: ·_' or on ltls. flOOt .H ~ace permttS" . _.,.. -~:.. • . : .o;.. l5~.arJdreeai ~m fll'orn Hem n . Vea t . Altliell~~~I' ------~ • : ' ;. U"'VES~en:wmlivaryaddtlissbtlow: 0 No · 1 RY. om Foun. &ttfon_ -13UOHWV82 : Carbondatef CO 81623 j 2. :Alt!;ett<' --- I ..... •• :.1 ••• -... ,,_ _., ... ;;..:.~, ... . : .. "~ - ,1· ~- .·-:I t t •• , "· '. .;ft::. •• : .. ~n !;· -· . ' . .. ,,..: ... /~: ... l~ .. EXHIBIT A.6 Adjacent Property Owners to the Leased Parcel (Powers Ready Mix Plant) Parcel Owner Name Address 1. 239326300002 Bailey Family Investment Trust 1000 Blue Heron Lane Carbondale, co 81623 2. 239326300003 Bailey Family Investment Trust 1000 Blue Heron Lane Carbondale, CO 81623 3. 239326400004 Bailey Family Investment Trust 1000 Blue Heron Lane Carbondale, co 81623 4. 239326300005 Balley family Investment Trust 1000 Blue Heron Lane Carbondale, CO 81623 5. 239325300158 Clifford Cerise Ranch Company 86 104 County Road Carbondale, CO 81623 6. 239326300006 RVOBI Foundation 13110 Hwy 82 Carbondale, CO 81623 7. 239323400131 Crystal Ranch Corp 13 Friday Lane Chapel Hill, NC 27514 PUBLIC NOTICE TAKE NOTICE lhal CRC, LLC, has applied to the Board of County Commissioners, Garfield County, State of ~olorado, to req uest approval for an Amendment to a previously approved Land Use Change Pernut on a proper ty situated in the County of Garfield, State of Colorado; to-wi t: Legal Description: POWERS RANCH EXEMPTION PARCEL DESCRIPTION ~·-•••·••-.. ••••• ,.,..,,._._4.,.._. .... _ .... _ ...... _ .... ,_ --~•'lfA l\-••• .. •-WftU-•ffto• .. N -••·•••--- A TAACJ' QF 1.AHP st,fUATEO WITHIN LOTS lo. 11 Aff0 ·1~·0F ~CJlOH· ~~, l'OWN~Ht.P 7 &f>liftl, RANGE 8fl WEST Of THUt)(l}.t PRltKIPAl MERlD.IMf,, At~O.$JW.AT.ED.·wrtltllflffA1 ·PROPER'JY O.&$C81~ INlliJ 00t\IMEN'J'~COIU>£l> OHMMCH 1~~.2012 !'$ REctFrlON'.HO • .el~OP TUE QAl\FJ~U.l(OUNJY tl£(;0RD$. ~rrtt ·Alt. Bti\JlfffGS CQNJ AfffED R£lATillE.tO T.U~ etAR~G ssg•591~'t aaw£1N 'tlfE F.OlfNO MOffUMf.HT REPMSEMTING lt1E N ~if OF SAIO SECOON 26 ANO SE COON 21 AND 'm~ r<lUNO MOHUMtNT MPRESlNllNG lH£ H-C ~'OF SAJD S£CTiottS 26 M~D 27; S>JO TAACT BEING M~E JIAA110JlARlV DESOUBED AS FOllOWS: 8E01NNlN(rAT ,.. POIHl 00 me RIGflT·OF•\VAY ~co~o~o p,l RECEPTION NOS. 83494~ AND 8484(,()0F SAID COUnlY.-~EOOROS fOOM WHEfle£ ~JD.N.(~ UA~ NU 034'01 "W, A DISTANCE Of ~1.35.ff FEET; lHENtf.ALONG SAlb.,1UGHT·OF·WAV"mE EflW)VJ!WG SDt (6) COURSES: ' 1) S 43·~09" W, :n.ns:FE!l'i 2) 94.97 FEET >..iOMG'l}1£ AtttOF A CURVE 'fO lHE RIGHT, RAO!US Of 200.00 FEET AND CENTMLAHG1£ Of · l7•12~29' tC~OJtP,S;~a.9'2.41tW, 94.08 F£E1);. . . . .. JJ s 10·1s·:i~ .. w, 11&.as ~ftr; 4) U7.9S FEET At.ONGlHf-.ARC OF A WitVE ro THE lITT .. RADIUS Of 260.00 FEET AHO CEHJRAL ANGLE OF J2•sa14S" f<;H08U:; ~)·461W• w, 142.73 FH't}; - S) S 3,7~·1fi~* W, 4.~f'C.6T; • . . 6) .sso·u·u-. W, 61.'7 FEET TO A fJOIHTr;>HlHE ~OH 8QUNOAl\Y·Of $AJ() PROflER1Y D~18EO CN TitE .UOOUM~H'( RECORO£:lH#JttH. l9, ~U ·A$ Rl(EnlOU NQ. 4llGi35 A~DlHf,ffOflfli~f«.Y .. ftlGHT·OE•WAY O.F $TATft Ht(lMW.AY .NQ~-81.; ll:fEijcE COH.TIJ4U(HG A..totol~ ntE~P.UN.QMV Of~ racm:ntl'-AHO>THE NOrtllftRt.Y'.fttGHT .() .... WAY or-·ttiqf!W~V ~2.1\{£ FOUOW'~ 1'HP.le (3l ~ l) N75'A0'49"W, 61.20 Fm"i 2) N12'.t9•19"W, ~100.ClOfEET; 3) N69'00'19"W,, 38.14 FEET; THENCE t.EAVINGSAID 80UNDAftY AND SAIO RIGHT..f)l:.WAY Tll£ FOllOIMNG EIGHT (8) COURSE$: l) NM"07'44,.r, 276.01 fW; l) fl47'51 12S•E, 279.Slft:GT; J} 1409•09124"E, 429.!i FUT; <4} N4S•13U"E, 172.17 f£ET; S) 513•17'S4"f., 1107.8.34 FEET: 6) S47'35'it•E. 200.GO FEET; 7} S25"2l1J4•W, $13,74 FEEt; 8) S11.ll'05"E, 322.31 FEETTO THE PQINl'Of Bf GINNING. SAID TRACT CONlAIHS 1,SJS.03i SQ. ff. OR 35.aoB ACRt:s, MORE OR l.ESS. COUNTY Of GAllFIELD STATE OF COLORAOO 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 prope1ty is also known by Assessor's Parcel No. 239326400007. Project Description; The Applicant seeks to amend the 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 CDOT for the Grand Avenue 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 Permi.t for the Batch Plant. The use is located on a 5.85 acre lease area within an approximately 35.308 acres property owned by CRC, LLC. The Property is zoned Rural . All persons affected by the proposed plan are invited to app~ar and state their views, protest or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to 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, the 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 Monday, June 13at1:00 P.M. in the County Commissioners Meeting Room, Garfield County Administration Building, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County Location Map ' .... " --.__ __ ... __ "-------...... __ ~·· .:.:-- EXHIBIT 1 Garfield County 195 W . 141h Street Rine, co 81650 (970) 625-5200 Garfield County Community Development 108 a•h Street Glenwood Springs, CO 81601 Attn: David Pesnichak April 25, 2016 Hello Dave, Public Health EXHIBIT -- 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 of hours. 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. 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 (APCD) of the increase in production as appropriate, to assure OldCastle Materials remains in compliance with their permit from the APCD. 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 of ground and surface water. 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~a h, Ill fl& Morgan Hill Environmental Health Specialist Ill Garfield County Public Health 195 W . 141h Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department -working to promote health and prevent disease I ' ' David Pesnichak From: Sent: To: Bill Gavette < gavette@carbondalefire.org > Tuesday, April 19, 2016 12:13 PM David Pesnichak j EXHIBIT IQ Subject: Major Impact Review Substanti al 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 Highway 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 facility 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.carbondalefire .org 970-963 -2491 FIRE · E.\IS ·RESCUE 1 April 12, 2016 Mr. David Pesnichak Garfield County Planning I 08 8111 Street, Suite 401 Glenwood Springs, CO 81601 MOUNT/\IN CROSS !N61N!~RIN6. INC. Clvll and Envlronmental Consulting and Design EXHIBIT j II 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 Permit 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. ng, Inc. Chris Hale, PE 826 Ya Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com David Pesnichak From: Sent: To : Subject: Follow Up Flag: Flag Status: April 5, 2016 Kuster -CDPHE, Kent < kent.kuster@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, ~ I EXHIBIT - -- --·- 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 l EXHIBIT David Pesnichak j l :s --------------------------------------------------------------.. -~~~~-= From: Sent: Roussin -COOT, Daniel <daniel.rouss in@state.co.us> Wednesday, March 30, 2016 4:26 PM To: David Pesnichak Subject: 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 ~VRf COLORADO J&.W Department of Transportation ·• Region 3 P 970.683.6284 I F 970.683.6290 222 South 6th Street, Room 100, Grand Junction, CO 81501 daniel.roussin@state.co.us I www .codot.gov/ I www.cotrip.org O lfil ~ On Wed, Mar 30, 2016 at 4: 12 PM, David Pesnichak <d pesnichak@2arfield-county.com> wrote: Hello 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. l - EXHIBIT i I tf 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 1 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 Pesnichak; Tamra Allen Powers Pit Notice Failure EXHIBITr - /j- 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 C:n-e Assis tant G arfield County Attorney 108 8th Street, Suite 219 Glenwo od Springs, CO 81601 Telephone: (970) 9-t-5 -9 150, ext. 1735 Fax: (970) 384-5005 Email : kcave@ garficld -county.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 of 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 I EXHIBIT 0 Oldcastle® Materials SOUTHWEST REGION FOUR CORNERS MAT~R I A L B ~· •• TELLURIDE GRAVEL I I (p UNITED COMPANIES June7, 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 mlneral owner had not been properly 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 Shlr1ey L. Sparks In connection with an Amendment to a Land Use Change Pennit 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 earl ier. 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 then1t and she has no objections. 5. I have been unsuccessful in obtaining a copy of an obituary for Shfrley Sparks through a search using the Internet Sincerely, Olclcastle SW Group, Inc. Oba U. nited Companies d/ f ~U;e..~4._ Genevieve Blecha Office Manager 2273 River Road POBox3609 Grand Junction, CO 81502 PH : 970-243-4900 Fax:970-243-5945 EXHIBIT /'I! ' ea Express 11 "' II I I I' = 8100 2519 1450 17-_::.._0_21_s ___ I From Pl-print •nd ,,,.ss hint Date 5/23/16 Sendar's FedEx Account Number Sandels Name Com pany Address JASON BURKEY UNIT ED COM PANIES 2273 RIVER RD ~ GRAND JUNCTI ON State YourlntemalBillingReference POWERS PIT r,,.,."",..."""''""".,..._' To Recipient's Name Com a Address Address SHIRLEY L. SPARKS 14209 Sedrev Rd NE 1 1 51-9478-0 Phone ( 970 1 2 4·3-4900 co ZIP 8 1 5 0 5-7179 Phone ( 970 1 243-4900 4 Express Package Service ·T·-- 5 Packaging ._,.._.,._ ~FedEx Envelope• 0 FedExPak• 0 FedEx 20ay A.M . Sttcf'ld.,,,..,......,._• -..,o......,l<OT"'"~~ 0 FedEx Bo• Q FedEx Tube C Other 6 Specie! Handling and Delivery Signature Options ,_,.., __ s.. ... rtfb s-.a- 0 ~,nmlal Det,~rvsi.......,~1.o&mry.t.M.."'"ui.... .. 5--. D No Signature Required '•ch,.""'flbe'9tt.,.._ -....,..llQl!nn b ~ ~ Direct Signature -·--tn1Ylltftllrd1Mry, Dots lhinhipm111t com.In d1ng1111U1 gooda? 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(, "° ~Cert""""ll~led""""'M~w~IF~ee~-.-3-.-3-0-------r-----...... ~-- lr $ ,..:i Exira rvices& en(<hodcl>o.<.-*'l'M nJ 0RotimRoceip1~ $-~;-<-;~- CJ 0Anan flocelpt (oleclronlcl 1 _......, .......... _ c O~Malt-DIMty s-~-'"'°" CJ o~ Signolln~ '-----o A4Jt SIQnal1n R~ Oohy $ U") Senf To ~ s~;arnr~i~~'~k%~-~~P:·~~N·E ························--······ , t ••••Si.i···'"tl ··•·••••••·••••••••••••••••·•••·•·••••••••••••••••••••••••••••·••••••••••• 11y. re, P+4 Albuquerque, NM 87123 PS Form 3800, April 2015 PSN 7~0-02-000-9047 Se<> RevNse for lns1tuctions JUN. 10. 2016 10 :53A\I UNITED COMPANIES EXHIBIT 18 KAl\EN lARUI: Albuquerque, NM {505)299· 7950 Re; Powers Pit Concrete Batch Plant -CRC, LLC Garfield County BOCC Meeting-June 13, 2016 /July 18, 2016 I arn the daughter and sole heir to tho estate of Shirley L. Sparks (deceased). 14209 Sedrev Rd NE. Albuquerque, NM 871Z3. I have received, read, and understand the Application Notices regardini the extension of hours of operation of the Batch Pl~nt to accommodate a contract with COOT for the Grand Avenue Bridge Project in Glenwood Springs. I have no objection to the Applicatlons . Dated this 10t11 day of June, 2016. Kantn LaRue Sole Heir to the Estate of Shirley L. Sparks tlc-ld~,. ·-c-..J •· -• (o.oF; 70 /'/'Jr: r-0-7' ..-t/£ /JJ? "'j-'-'c-r]/Ve1 A//-11 ~ ~I :l 3