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HomeMy WebLinkAbout5.0 Certified MinutesI, JEAN ALBERICO, GARFIELD COUNTY CLERK & RECORDER, DO HEREBY CERTIFY THAT THIS IS A TRUE AND COMPLETE RECORD OF THE PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS MEETING MINUTES FOR ONE ISSUE: CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR A MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE ON 65.48 -ACRES OF A 97.8 I -ACRE SITE LOCATED TWO MILES NORTHEAST OF THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 (FILE NO. MIPA 6545) - APPLICANT; CLIFFORD CERISE RANCH, LLLP. IN A PUBLIC HEARING/MEETING HELD ON JUNE 13, 2011 AND JULY 5, 201 1 . pEAN ALBERICO GARFIELD COUNTY CLERK & RECORDER SOCC 11 CV214 - 002396 PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 PUBLIC HEARING TO CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR A MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICA'T'ION FOR EXTRACTION OF AGGREGATE ON 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES NORTHEAST OF THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 (FILE No. MIPA 6545) - APPLICANT: CLIFFORD CERISE RANCH, LLLP TRANSCRIPT SUBMITTED BY: KATHI M. Rozzu, ADMINISTRATIVE ASSISTANT III TO THE GARFIELD COUNTY CLERK AND RECORDER, JEAN ALBERICO GARFIELD COUNTY BOARD OF COMMISSIONERS COMMISSIONER CHAIR - JOHN MARTIN COMMISSIONER - MIKE SAMSON COMMISSIONER - TOM JANKOVSKY ELECTED OFFICIALS AND ADMINISTRATIVE STAFF GARFIELD COUNTY ATTORNEY - CAREY GAGNON GARFIELD COUNTY BUILDING AND PLANNING DIRECTOR - FRED JARMAN GARFIELD COUNTY BUILDING AND PLANNING SENIOR PLANNER - MOLLY ORKILD-LARSON GARFIELD COUNTY CLERK AND RECORDER - JEAN ALBERICO SEAN FRISCH - LAND MANAGER, LESSEE AND APPLICANT, LAFARGE WEST INC. 10170 CHURCH RANCH WAY SUITE 200 WESTMINSTER, COLORADO 80021 (303) 657-4000 IN ORDER OF APPEARANCE DAVID MYLER 4131 CRYSTAL SPRINGS ROAD CARBONDALE COLORADO 81623 CONNIE MCCRUDDEN 499 WOODEN DEER ROAD CARBONDALE, COLORADO 81623 SUE COYLE 501 WOODEN DEER ROAD CARBONDALE, COLORADO KATHERINE HUBBARD 550 WOODEN DEER ROAD CARBONDALE, COLORADO 81623 JANET JOHNSON 471 COUNTRY ROAD 112 CARBONDALE, COLORADO 81623 LEE ANN EUSTIS 3683 CRYSTAL SPRINGS ROAD CARBONDALE, COLORADO 81623 TOM HAYS 593 WOODEN DEER ROAD CARBONDALE, COLORADO 81623 Page 1 of 4 BOCC 11CV214 - 001914 PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 DAN JERVIS 276 WOODEN DEER ROAD CARBONDALE, COLORADO 81623 MIMI JERVIS 276 WOODEN DEER ROAD CARBONDALE, COLORADO 81623 CHUCK VIDAL 855 WOODEN DEER ROAD CARBONDALE, COLORADO 81623 CHRIS COYLE 501 WOODEN DEER ROAD CARBONDALE, COLORADO 81623 CHRIS STEUBEN 102 COUNTY ROAD 156 GLENWOOD SPRINGS, COLORADO 81601 CASSIE CERISE 1234 CERISE ROAD CARBONDALE, COLORADO 81623 MARCEE HOBBS 769 COUNTY ROAD 112 CARBONDALE, COLORADO 81623 PHILIP LONG 2540 WOODBERRY DRIVE GLENWOOD SPRINGS, COLORADO 81623 BILL ARRASMITH 300 WHITE HORSE DRIVE NEW CASTLE, COLORADO 81647 MARK KAVASCH 152 WOODEN DEER ROAD CARBONDALE, COLORADO 81623 SUSAN KAVASCH 152 WOODEN DEER ROAD CARBONDALE, COLORADO 81623 SUSAN GIBBS 1698 COUNTY ROAD 103. CARBONDALE, COLORADO 81623 MICHAEL CERISE 4156 CRYSTAL BRIDGE DRIVE CARBONDALE, COLORADO 81623 TONI CERISE 153 VILLAGE LANE CARBONDALE, COLORADO 81623 Page 2 of 4 BOCC 11CV214 - 001915 PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 KEN KRIZ 167 ROAD GLENWOOD SPRINGS, COLORADO 81601 WILL BUROGRET 805 WOODEN DEER ROAD CARBONDALE, COLORADO 81623 EARNEST KOLLAR 746 WOODEN DEER ROAD CARBONDALE, COLORADO 81623 JOHN MARTIN 3602 COUNTY ROAD 108 CARBONDALE, COLORADO 81623 LIST OF EXHIBITS:. EXHIBIT A - PROOF OF PUBLICATION, POSTING AND MAILING EXHIBIT B -GARFIELD COUNTY UNITED LAND USE RESOLUTION OF 2008, AS AMENDED EXHIBIT C - GARFIELD COUNTY COMPREHENSIVE PLAN OF 2000, AS AMENDED EXHIBIT D - APPLICATION EXHIBIT E - STAFF MEMORANDUM EXHIBIT F - STAFF POWER POINT PRESENTATION EXHIBIT G & EXHIBIT H - E-MAIL FROM GARFIELD COUNTY ROADS AND BRIDGE DEPARTMENT DATED EXHIBIT 1- E-MAIL FROM GARFIELD COUNTY VEGETATION MANAGER, DATED FEBRUARY 25, 201 1 EXHIBIT J - LETTER FROM CONSULTING ENGINEER, MOUNTAIN CROSS ENGINEERING, INC., DATED MARCH I, 2011 EXHIBIT K - E-MAIL FROM GARFIELD COUNTY ENVIRONMENTAL HEALTH MANAGER, DATED FEBRUARY 25, 2011 EXHIBIT L - LETTER FROM COLORADO DIVISION OF WATER RESOURCES, DATED FEBRUARY EXHIBIT M - LETTER FROM COLORADO GEOLOGICAL SURVEY, DATED FEBRUARY 25, 2011 EXHIBIT N - E-MAIL FROM THE COLORADO DEPARTMENT OF TRANSPORTATION, DATED FEBRUARY 10, 2011 EXHIBIT 0 -LETTER FROM COLORADO DIVISION OF WILDLIFE, DATED FEBRUARY 23, 2011 EXHIBIT P - E-MAIL FROM THE TOWN OF CARBONDALE, DATED FEBRUARY 28, 2011 EXHIBIT Q - E-MAIL FROM US ARMY CORPS OF ENGINEERS, DATED MARCH 18, 2011 EXHIBIT R - E-MAIL FROM THE. CARBONDALE AND RURAL FIRE PROTECTION DISTRICT, DATED MARCH 1 1, 2011 EXHIBIT S - LETTER FROM TETRA TECH, DATED MARCH 21, 201 EXHIBIT T - E-MAIL FROM GARFIELD COUNTY VEGETATION MANAGER, DATED MARCH 21, 20I EXHIBIT U - E-MAIL FROM CONSULTING ENGINEER, MOUNTAIN CROSS ENGINEERING, INC,, DATED MARCH 21, 2011 EXHIBIT V - LETTER FROM COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY, DATED FEBRUARY 24, 2011 EXHIBIT W - LETTER FROM DOWN VALLEY SEPTIC LLC, DATED MARCH 22, 2011 EXHIBIT X - LETTERS AND E-MAILS FROM CONCERNED CITIZENS, LETTER-KATIIERINE U. HUBBARD, DATED MARCH 25, 2011, JANET JOHNSON, DATED MARCH 29, 2011; E-MAILS - BILL WALTER, DATED APRIL 5, 2011, DAN JERVIS, DATED APRIL 5, 2011, SUE AND CHRIS COYLE, DATED APRIL 5, 2011, LUCIE FITCH, DATED APRIL 5, 201 I, SCOTT JOSPEH MINOR, DATED APRIL 5, 2011, GORDON F. VIBER, DATED APRIL 5, 2011, SARAH F. BURGGRAF, DATED APRIL 5, 2011, BOB NAEGELE, DATED APRIL 5, 2011, THOMAS D. AND MARILYN A. HAYS, DATED APRIL 5, 201 1, ERNIE AND BARBARA COYLE AND SUE COYLE, DATED APRIL 5, 2011, GLEN HARRIS, DATED APRIL 5, 2011, ERNEST KOLLAR, DATED APRIL 5, 2011, SUE LAU AND MARK KAVASCH, DATED APRIL 5, 2011 EXHIBIT Y - ADDENDUM LETTER FROM HANKARD ENVIRONMENTAL, DATED APRIL 6, 2011 EXHIBIT Z - LEI 1 ER AND SUPPORTING INFORMATION FROM CRYSTAL SPRINGS COALITION, DATED APRIL 6, 2011 EXHIBIT AA - CERISE MINING SITE NOISE IMPACT STUDY PRELIMINARY RESPONSE. FOR WOODEN DEER HOA, CARBONDALE, CO, DATED APRIL 13, 2011 EXHIBIT BB - LAFARGE'S RESPONSE TO EXHIBIT B PROPOSED CONDITIONS OF APPROVAL BY THE CRYSTAL SPRINGS COALITION, DATED APRIL 13, 2011 EXHIBIT CC - LAFARGE'S POWER POINT, DATED APRIL 13, 2011 Page 3 of 4 BOCC 11CV214 - 001916 PROCEEDING OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 EXHIBIT DD - COPIES OF PHOTOS OF BALD EAGLES AND DUST FROM POWERS PIT FROM WILL BURGGRET, DATED APRIL 13, 2011; EXHIBIT EE - COPY OF COMPUTER GENERATED GRAPHIC OF THE. APPROVED WESTERN SLOPE AGGREGATE GRAVEL MINE AREA AND PROPOSED AREA OF THE CERISE PIT EXHIBIT FF - LETTERS AND E-MAILS FROM CONCERNED CITIZENS: E-MAIL FROM ERIE KOLLAR, DATED APRIL 15, 2011 WITH GRAVEL MINE ARTICLE FROM POST INDEPENDENT, DATED APRIL 14, 2011, LETTER FROM PATRICK BURKE, DATED APRIL 27, 2011, E-MAIL FROM SUSAN LAU WITH 10 PHOTOS, DATED MAY 20, 2011, E-MAIL FROM MARK KAVASCH, DATED MAY 20, 2011, LETTER FROM JONATHAN FITCH, DATED MAY 23, 2011, E-MAIL FROM ERNEST KOLLAR, DATED MAY 26, 2011, E-MAIL FROM CHRIS COYLE, DATED MAY 25, 2011, E-MAIL FROM GEORGE CLEMONS, DATED MAY 27, 2011 EXHIBIT GG - E-MAIL FROM DAVID MYLER, DATED MAY 19, 2011 WITH CRYSTAL SPRINGS COALITION COMMENTS REGARDING CERISE MINE MAJOR IMPACT REVIEW AND EXHIBIT A - PROPOSED CONDITIONS OF APPROVAL EXHIBIT HH - E-MAIL FROM SEAN FRISCH OF CERISE WEBSITE INFORMATION, DATED MAY 26, 2011 EXHIBIT II - ECONOMIC IMPACT REPORT, DATED NOVEMBER, 2010 EXHIBIT JJ - FACT SHEET FOR SITE VISIT/PUBLIC MEETING TO SUBJECT SITE, DATED MAY 31, 2011 EXHIBIT KK - LAFARGE'S RESPONSE TO EXHIBIT A PROPOSED CONDITIONS OF APPROVAL BY THE CRYSTAL SPRINGS COALITION, DATED JUNE 2, 2011 EXHIBIT LL- CERISE MINING SITE NOISE IMPACT STUDY PRELIMINARY RESPONSE FOR WOODEN DEER HOA, CARI3ONDALE, COLORADO, DATED APRIL 6, 2011. EXHIBIT MM - BLANK EXHIBIT NN - BLANK EXHIBIT 00 - BLANK EXHIBIT PP; A LETTER FROM DELIA G. MALONE AND JOHN C. EMERICK, DATED JUNE 9, 2011; EXHIBIT QQ - LETTER FROM LEE ANN EUSTIS ORIGINALLY E-MAILED 5/30/11 AND DROPPED OFF AT GARFIELD COUNTY JUNE 10, 2011 EXHIBIT RR; LAFARGE POWER POINT PRESENTATION Page 4 of 4 BOCC 11CV214 - 001917 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1 CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT 2 REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF 3 AGGREGATE ON 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED (2) TWO MILES NORTHEAST OF 4 THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 (FILE No. MIPA 6545) - 5 APPLICANT; CLIFFORD CERISE RANCH, LLLP - MOLLY ORKILD-LARSON 6 CHAIRMAN MARTIN - THIS IS TO CONSIDER A REQUEST FOR A LAND 7 USE CHANGE PERMIT FOR A MAJOR IMPACT REVIEW FOR THE CLIFFORD CERISE RANCH. Now IF 8 YOU'RE NOT HERE FOR THAT REASON, UH YOU'RE SPECTATORS. THIS APPLICATION IS FOR AN 9 EXTRACTION OF AGGREGATE ON 65.48 (SIXTY FIVE POINT FORTY EIGHT) ACRES OF A 97.81 (NINE 10 HUNDRED SEVEN POINT EIGHT ONE) ACRE SITE LOCATED TWO (2) MILES OF THE TOWN OF 11 CARBONDALE OFF COUNTY ROAD 103 (ONE HUNDRED THREE). THE APPLICANT IS CLIFFORD 12 CERISE RANCH LLLP AND UH MOLLY UH UH LARSON IS OUR STAFF PERSON. APPEARING FOR THE 13 APPLICANT, IF YOU'D IDENTIFY YOURSELVES PLEASE. 14 15 16 17 18 19 20 INTRODUCE AT THIS TIME. UH, SEAN FRISCH WITH LAFARGE CHAIRMAN MARTIN - SHAWN. JULIE COZAD - I'M JULIE COZAD, I'M WITH TETRA TECH. CHAIRMAN MARTIN - ALRIGHT. CHASE MULLEN WITH WINSTON ASSOCIATES. CHAIRMAN MARTIN - ALRIGHT, ANYONE ELSE THAT YOU WISH TO TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.51 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001918 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 21 SEAN FRISCH - UH, 1 THINK RIGHT NOW WE'LL STAY HERE, WE'LL 22 GET MORE. 23 CHAIRMAN MARTIN - WHO'S ABLE TO ANSWER QUESTIONS ON 24 NOTIFICATION REQUIREMENTS FOR THE APPLICANT? 25 JULIE COZAD -I WILL. 26 CHAIRMAN MARTIN - ALRIGHT. COUNSELOR YOU'LL HAVE A 27 SERIES OF QUESTIONS? 28 CAREY GAGNON - UH HUM, I DO. DID YOU CONDUCT RESEARCH 29 TO IDENTIFY ADJACENT LAND OWNERS? 30 JULIE COZAD - YES WE DID. 31 CAREY GAGNON - HOW DID YOU CONDUCT THAT RESEARCH? 32 JULIE COZAD -- UHM, WE GOT OUR INFORMATION FROM THE 33 GARFIELD COUNTY ASSESSOR'S OFFICE. WE WORKED WITH BRENDA ESPINO. 34 CAREY GAGNON - OKAY. UH, WHEN DID YOU DO THIS RESEARCH? 35 JULIE COZAD - UHM, WE VERIFIED THE INFORMATION ON APRIL 16 36 (SIXTEEN), 2011 (TWO THOUSAND ELEVEN) THAT THERE WAS NO CHANGE FROM UH THE 37 INFORMATION THAT WE GATHERED FOR THE PLANNING COMMISSION HEARING. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF TIM CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001919 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 38 CAREY GAGNON - OKAY AND BASED ON YOUR RESEARCH WERE 39 YOU ABLE TO IDENTIFY PROPERTY OWNERS UH WITHIN (200) TWO HUNDRED FOOT RADIUS OF THE 40 PROPERTY THAT IS THE SUBJECT OF TODAY'S APPLICATION? 41 JULIE COZAD - YES WE DID. 42 CAREY GAGNON - OKAY. DID YOU PROVIDE NOTICE TO ALL SUCH 43 LAND OWNERS? 44 45 46 47 48 LEASEES IN YOUR RESEARCH? 49 50 JULIE COZAD - YES WE DID. CAREY GAGNON - DO YOU HAVE PROOF OF MAILINGS. JULIE COZAD - I DO. CAREY GAGNON - DID YOU ALSO INCLUDE MINERAL OWNERS AND JULIE COZAD - YES WE DID. CAREY GAGNON - DID YOU PROVIDE NOTICE TO THOSE MINERAL 51 OWNERS AND LEASEES AS WELL? 52 JULIE COZAD - YES AND THE MINERAL RESEARCH WAS DONE BY 53 CREWS AND ZEREN. 54 CAREY GAGNON - OKAY. THAT IS WHAT YOU HANDED ME IN 55 ADDITION TO YOUR PROOF OF MAILINGS? 56 JULIE COZAD - YES. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE. CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001920 57 58 59 60 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 CAREY GAGNON - ARE THERE ANY PI;BLIC LAND OWNERS? JULIE COZAD - UHM, ON THAT 1 DON'T BELIEVE SO. SEAN FRISCH - No THERE WASN'T. CAREY GAGNON - No PUBLIC LAND OWNERS OR ADJACENT 61 PROPERTY OWNERS? 62 SEAN FRISCH - BESIDES ....INAUDIBLE 63 CAREY GAGNON - DID YOU ALSO POST NOTICE OF . 64 OF THIS HEARING ON THE PROPERTY? 65 SEAN FRISCH --- YES WE DID. 66 CAREY GAGNON - DID YOU USE THE FORM PROVIDED BY BUILDING 67 AND PLANNING? 68 SEAN FRISCH - I DID 69 CAREY GAGNON - WHEN DID YOU POST IT? 70 SEAN FRISCH - OH THE EXACT DATE, UHM, APRIL 26" (TWENTY_ 71 SIXTH) AS WELL. 72 73 CAREY GAGNON - OKAY. UH WHERE IS IT POSTED? SEAN FRISCH - THERE ARE 3 (THREE SIGNS), 1 (ONE) AT THE 74 CORNER OF HIGHWAY 82 (EIGHTY-TWO) AND COUNTY ROAD 103 (ONE HUNDRED THREE), 1 (ONE) TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.51 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001921 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 75 AT THE PROPOSED ENTRANCE OF ON COUNTY ROAD ONE HUNDRED I'I-IREE (103) AND THEN ONE (1) 76 ALSO AT THE CLIFFORD RANCH, OR CLIFFORD CERISE RANCH UH CURRENT ADDRESS. 77 CAREY GAGNON - AN❑ ALL 3 (THREE) OF THOSE POSTINGS ARE 78 VISIBLE FROM THE PUBLIC RIGHT-OF-WAY? 79 SEAN FRISCH - THEY ARE. 2 (TWO) OF THEM HAD FALLEN OVER 80 WITH SOME WIND BUT THEY WERE PUT UP WITHIN DAYS OF THEM FALLING OVER; THE 1 (ONE) AT 81 THE ENTRANCE HAS BEEN UP ALL 30 (THIRTY) DAYS, HAS NEVER FALLEN OVER. 82 CAREY GAGNON - IS THE SIGN STILL UP TODAY? 83 SEAN FRISCH - THEY ARE. 84 CAREY GAGNON DID YOU ALSO PUBLISH NOTICE OF THIS 85 AFTERNOONS HEARING? 86 JULIE COZAD-YES WE DID IN THE RIFLE CITIZEN TELEGRAM. 87 CAREY GAGNON - ON WHAT DATE? 88 JULIE COZAD - ON MAY 51-" (FIFTH) 2011 (TWO THOUSAND 89 ELEVEN). 90 91 PUBLICATION FOR ME? CAREY GAGNON - OKAY AND DO YOU HAVE PROOF OF 92 JULIE COZAD - YES WE DO. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65A8 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001922 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 93 CAREY GAGNON - OKAY, BASED ON THE TESTIMONY AND THE 94 EXHIBITS THAT I HAVE IN HAND I BELIEVE NOTICE IS ADEQUATE AND THE APPLICANT MAY 95 PROCEED. 96 CHAIRMAN MARTIN - THANK YOU COUNSELOR. Do WE HEAR ANY 97 CHALLENGES TO THE NOTIFICATION OR ITS REQUIREMENTS? WE'LL ACCEPT AND PUT INTO THE 98 RECORD. Now FOR THOSE THAT WISH TO GIVE TESTIMONY IN THIS MATTER, I NEED YOU TO RAISE 99 YOUR RIGHT HAND PLEASE. AND DO YOU PROMISE TO TELL THE TRUTH, THE WHOLE TRUTH AND 100 NOTHING BUT TFIE TRUTH? 101 EVERYONE ACKNOWLEDGED THEY WOULD. 102 CHAIRMAN MARTIN - ALRIGHT. To DOUBLE CHECK THERE IS A 103 PAD GOING AROUND; I BELIEVE UH YOU'VE GOT IT THERE IN THE BACK, BACK THERE! PLEASE PUT 104 DOWN YOUR NAME SO THAT WE CAN CALL ON YOU AND THE ORDER WILL BE, WE'LL TAKE THE 105 INFORMATION FROM OUR STAFF MEMBERS SO THEY'LL INTRODUCE ALL EVIDENCE AND EXHIBITS. 106 THEN WE WILL HAVE A PRESENTATION BY OUR STAFF PERSON. WE WILL ASK QUESTIONS IF 107 NECESSARY FROM THE BOARD TO TO THE UH STAFF PERSON. WE'LL ASK THEN THE APPLICANT TO 108 DO A PRESENTATION. WE'LL ASK QUESTIONS OF THAT PRESENTATION TO THE APPLICANT. AT 109 THAT TIME WE WILL GO AHEAD AND TURN TO THE AUDIENCE AND ALLOW YOUR TESTIMONY. THE 110 APPLICANT WILL BE ABLE TO TAKE NOTES AND RESPOND TO THOSE AT THE END OF THE TESTIMONY 111 OF THE PUBLIC, IF HE WISHES TOO, OR SHE WISHES TOO. THEY ARE NOT REQUIRED TO ANSWER 112 THOSE QUESTIONS. THEN WE WILL COME BACK TO STAFF, LEGAL COUNSEL, CLOSING ARGUMENT 113 BY THE APPLICANT; WE WILL CLOSE THE PUBLIC HEARING AND THEN WE WILL DO OUR PUBLIC UH 114 UH DELIBERATION IN THE FRONT OF THE PUBLIC AND ON THE SCREEN. ANY QUESTIONS TO THAT TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001923 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 115 PROCESS? Now I'M GOING'I'O ASK EVERYONE, INCLUDING THIS BOARD, TO STAY ON THEIR BEST 116 BEHAVIOR. IT'S ABOUT A LAND ISSUE; IT'S NOT ABOUT AN INDIVIDUAL. DON'T ATTACK AND 117 PLEASE BE RESPECTFUL; WE WILL TAKE ALL TESTIMONY. IF IT TAKES ALL DAY; WE'LL TAKE ALL 118 DAY, BUT WE WILL TAKE YOUR TESTIMONY. WE ARE NOT LIMITING YOU TO 2 (TWO) MINUTES OR 3 119 (THREE) MINUTES, BUT IF IT IS REDUNDANT AND YOUR NEIGHBOR HAS SAID THE SAME THING, YOU 120 MAY AGAIN UH REITERATE THAT YOU AGREE WITH YOUR NEIGHBOR OR WHATEVER POINT THAT 121 HAS BEEN DONE. LET'S TRY AND KEEP IT BRIEF, BUT TO THE POINT AND RESPECTFUL. OKAY? 122 TI-IEN WE'LL TAKE A BREAK FOR MY RECORDER ABOUT EVERY HOUR TO HOUR AND 15 (FIFTEEN) 123 MINUTES SO THAT HER LITTLE HANDS WON'T FALL OFF. As SHE'S TAKING DOWN ALL TESTIMONY 124 AS THE PRESS IS IN THE BACK AND HE IS GRADING US ON OUR BEHAVIOR. SO THANK YOU. MOLLY, 125 A LIST OF EXHIBITS THAT GO FROM A TO DOUBLE L AS I RECALL. 126 COMMISSIONER JANKOVSKY - MR. CHAIR, CAN I WOULD THIS BE 127 AN APPROPRIATE TIME FOR ME TO TALK UHM, I DO HAVE SOME CONFLICTS ON THIS PARTICULAR 128 ISSUE. UH A NUMBER OF EM. UH THE PAST CHAIRMAN OF MY ELECTION COMMITTEE IS A MEMBER 129 OF THE WOODEN DEER HOMEOWNERS ASSOCIATION. UHM, THAT'S I (ONE); THE TREASURER OF 130 MY CAMPAIGN COMMITTEE IS UH EMPLOYED BY LAFARGE. THAT'S ANOTHER AND UH CLIFFORD 131 CERISE IS A MINORITY SHARE HOLDER IN SUNLIGHT MOUNTAIN RESORT IN WHICH I AM ALSO A 132 MINORITY SHARE HOLDER IN SUNLIGHT MOUNTAIN RESORT AND CURRENTLY THE UH GENERAL 133 MANAGER OF SUNLIGHT MOUNTAIN RESORT. UH WITH THAT SAID I DON'T HAVE ANY FINANCIAL 134 UH GAIN IN THIS, IN THIS DECISION. I THINK I CAN UH MAKE A GOOD DECISION BASED ON THE 135 FACTS AND BASED ON OUR LAND USE CODE AND SO FORTH BUT UH WANTED TO BRING THOSE IN 136 FRONT OF YOU AND UH JUST MAKE SURE IT'S ALRIGHT WITH, WITH YOU TWO (2) THAT I CONTINUE 137 UHM, SOI JUST WANTED TO DISCLOSE THOSE TIDINGS BEFORE WE GOT STARTED. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THF. CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001924 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 138 CHAIRMAN MARTIN -- MR. SAMSON. 139 COMMISSIONER SAMSON - 1 HAVE NO PROBLEM WITH THAT. 140 CHAIRMAN MARTIN - YOU'LL ABIDE #3Y TIIE DECISION 141 ....INAUDIBLE KNOWING... 142 COMMISSIONER SAMSON - ABSOLUTELY. 143 CHAIRMAN MARTIN -- COUNSELOR DO YOU HAVE ANY OTHER 144 THAN PERCEIVED CONFLICTS? ANYTHING IN REFERENCE TO STATUTORY REQUIREMENTS THAT MR. 145 JANKOVSKY COULD NOT SERVE? 146 CASEY GAGNON - No NOTHING IN STATUTE THAT WOULD PREVENT 147 THAT UHM, JUST TO MAKE SURE THE RECORDS CLEAR, YOU HAVE NO FINANCIAL INTEREST IN THE 148 OUTCOME OF THIS APPLICATION? 149 COMMISSIONER JANKOVSKY - THAT'S CORRECT, THERE IS NO 150 FINANCIAL GAIN TO MYSELF IN THE OUTCOME OF THIS DECISION. 151 CAREY GAGNON - You HAVE NO INTEREST IN THE PROPERTY 152 THAT'S THE SUBJECT OF THIS APPLICATION? 153 COMMISSIONER JANKOVSKY - THAT IS CORRECT. 154 CAREY GAGNON - OKAY AND YOU SERVE NO DIRECTORSHIPS, 155 OFFICER SHIPS RELATED TO LAFARGE OR ANY OF ITS AFFILIATED COMPANIES? 156 COMMISSIONER JANKOVSKY - THAT'S CORRECT. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE. PERMIT FOR MAJOR IMPACT REVIEW OF TIIE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65A8 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001925 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 157 CAREY GAGNON - OKAY. ANY OTHER CONCERNS THAT WOULD 158 PREVENT YOU FROM JUDGING THIS APPLICATION ON ITS OWN MERIT BASED UPON THE INFORMATION 159 PRESENTED TODAY? 160 COMMISSIONER J AN KOV SKY -NO. 161 CAREY GAGNON - I SEE NO REASON WHY UHM HE SHOULDN'T BE 162 ALLOW TO PROCEED SHOULD IT PLEASE THE REST OF THE BOARD. 163 CHAIRMAN MARTIN - ALRIGHT, THANK YOU VERY MUCH. WE'LL 164 ALLOW YOU TO GO AHEAD AND LET YOU MAKE A DECISION UNDERSTANDING THAT THERE IS A 165 PERCEPTION ON OTHER SIDES; MAYBE BOTH. APPLICANT AS WELL AS THE UH....SO WE WILL SEE 166 HOW THAT PLAYS OUT. SO, MOLLY INTRODUCING ALL OF THE EXHIBITS A THROUGH DOUBLE L. 167 DID YOU HAVE ANY NEW EXHIBITS? 168 MOLLY ORKILD-LARSON - OH YES. 169 CHAIRMAN MARTIN- ALRIGHT, DO YOU HAVE A LIST OF THEM? 170 MOLLY ORKILD-LARSON YES I HANDED YOU WHAT'S GOING TO 171 BE PP, SOME LETTERS AND QQ. 1 (ONE) ... ALONE ....INAUDIBLE...THERE'S 3 (THREE) 172 INDIVIDUALS, QQ WOULD BE ANN EUSTIS AND FORGIVE ME IF I PRONOUNCED, UHM AND RR IS 173 LAFARGE'S POWER POINT PRESENTATION WHICH THEY JUST HANDED OUT. SO WE HAVE 3 (THREE) 174 ADDITIONAL....INAUDIBLE.. . 175 CHAIRMAN MARTIN - AND FOR THE VIEWING PUBLIC I'D LIKE TO 176 MAKE A COMMENT ABOUT THAT LIST OF EXHIBITS, SO IF THERE IS ANYONE WHO WOULD LIKE TO DO TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SCTF LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001926 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 177 THAT GET YOUR LIST, I WOULD LIKE TO HAVE THAT AVAILABLE AND HAVE PUBLISHED THIS WEEK. 178 WE'LL MAKE A COPY. To LAFARGE; DO YOU HAVE A COPY OR ACCESS TO ALL EXHIBITS? 179 SEAN FRISCH - YES. 180 CHAIRMAN MARTIN - Do YOU HAVE ANY OBJECTIONS OR ANY 181 ADDITIONS. 182 SEAN FRISCH -NO. 183 CHAIRMAN MARTIN -- ALRIGHT, WE WILL PUT A THROUGH DOUBLE 184 R INTO THE RECORD AND WE WILL REFER BACK TO THEM WHEN NECESSARY AND ALSO MAKE A 185 COPY FOR THE VIEWING AUDIENCE. THANK YOU. 186 MOLLY ORKILD-LARSON - WOULD YOU WISH ME TO READ ALL 187 THE? 188 CHAIRMAN MARTIN - No, THAT'S WHY I WANTED TO DO THE LIST 189 SO THAT WE HAVE THAT, WE CAN REFER BACK TO THEM AND ALSO IN OUR DELIBERATION WE CAN 190 REFER TO THEM BY LEITER IF WE....INAUDIBLE... THIS IS THE APPLICATION FOR EVERYBODY; 191 THAT'S WHY THERE ARE SO MANY EXHIBITS AS WELL. You MAY START WITH YOUR 192 PRESENTATION. 193 MOLLY ORKILD-LARSON - ALL RIGHTY. WHAT WE HAVE BEFORE 194 US IS A MAJOR IMPACT REVIEW FOR THE BOARD OF COUNTY COMMISSIONERS DATED JUNE 13TH 195 (THIRTEENTH), 201 1(TWO THOUSAND ELEVEN). TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001927 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 196 COMMISSIONER SAMSON - MOLLY BEFORE YOU GO ON. CAN YOU 197 GET THAT ON HERE? THE EXHIBITS. YOU'VE GOT I THINK YOUR PRESENTATION UP ON OURS, 198 MOLLY'ORKILD-LARSON - YES, CAN YOU SWITCH THAT OVER? 199 CHAIRMAN MARTIN - WE HAVE A VIEWING SCREEN WHICH IS 200 BEHIND US, OURS IS BUILT INTO THE DESK SO WE HAVE 2 (TWO) DIFFERENT PRESENTATIONS GOING 201 ON AT THE SAME TIME. 202 203 SEAN FRISCH - THAT ONE IS OURS. COMMISSIONER SAMSON - YES THAT'S YOURS AND THAT'S WHAT 204 WE'VE GOT. 205 KATHI ROZZI - SO WHICH 1 (ONE) DO YOU WANT THIS 1(ONE)? 206 COMMISSIONER SAMSON WE KNOW YOURS IS GONNA WORK. 207 CHAIRMAN MARTIN - THEY WANT THAT 1 (ONE) BUT IT'S ALSO ON 208 OUR SCREEN AS LAFARGE. 209 JEAN - THEY ARE SEEING LAFARGE'S ON THEIR, ON THIS SCREEN 210 BUT THE COUNTY'S IS UP THERE. 211 KATHI ROZZI - WHAT'S SHOWING NOW. 212 COMMISSIONER SAMSON -- SAME 1 (ONE) 213 CHAIRMAN MARTIN -NOW IT WENT AWAY, NOW WE HAVE IT 214 THANK YOU VERY MUCH. TECHNICAL DIFFICULTIES. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65A8 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 001928 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 215 MOLLY ORKILD-LARSON - ALRIGHT BEFORE THE BOARD OF 216 COUNTY COMMISSIONERS JUNE 13TH (THIRTEENTH), 2011(TWO THOUSAND ELEVEN). THIS 217 APPLICATION IS A REQUEST UH FOR A MAJOR IMPACT REVIEW PERMIT FOR THE EXTRACTION OF 218 AGGREGATE, MIPA 6545 (SIX THOUSAND FORTY-FIVE). THE APPLICANT IS CLIFFORD CERISE 219 RANCH COMPANY LLLP. THE REPRESENTATIVES ARE HERE TODAY AND THAT'S UH SEAN FRISCH 220 WITH LAFARGE WEST, INCORPORATED AND JULIE COZAD FROM TETRA TECH. THE ACREAGE OF 221 THE SUBJECT PARCEL IS APPROXIMATELY 98 (NINETY -EIGHT) -ACRES IN SIZE AND THE AREA THAT 1S 222 UH THE SPECIFIC SITE IS APPROXIMATELY 65 (SIXTY-FIVE) AND 1/2 (ONE HALF) ACRES. THE ZONING 223 IS RURAL AND THIS APPLICATION CAME IN UNDER THE COMP PLAN OF 2000 (TWO THOUSAND); 224 WHICH IDENTIFIES THE SUBJECT PARCEL AS MEDIUM, RESIDENTIAL MEDIUM 6 (SIX) TO LESS THAN 225 10 (TEN) ACRES PER DWELLING UNIT. THIS IS A VICINITY MAP OF THE AREA AND IT SHOWS IN 226 REFERENCE TO CARBONDALE. THE SITE IS APPROXIMATELY 2 (Two) MILES NORTH EAST OF 227 CARBONDALE ALONG STATE HIGHWAY 82 (EIGHTY-TWO) AND COUNTY ROAD 103 (ONE HUNDRED 228 THREE). THIS IS THE MORE ENLARGED VICINITY MAP. THIS IS THE SUBJECT PARCEL, THE PARCEL 229 HAS, A PORTION OF THE PARCEL THAT'S PROPOSED TO BE MINED, AND AROUND IT YOU CAN SEE 230 UHM SOME OF THE EXISTING LAND USES. You HAVE TI -IE EXISTING POWER'S PIT, WHICH IS DUE TO 23]. CLOSE UPON THE OPENING OF THE CERISE PIT. To THE SOUTH YOU HAVE UH STATE HIGHWAY 82 232 (EIGHTY-TWO) AND RANCH AT ROARING FORK SUBDIVISION. You ALSO HAVE THE BLUE PIT, 233 EXISTING BLUE PIT MINE. THIS IS WHAT WAS APPROVED UNDER UHM THE SPECIAL USE PERMIT 234 AND THEN LAST YEAR UH THE EXPANSION WAS APPROVED WHICH IS PHASE 4 (FOUR) AND ALSO 235 PHASE 2 (Two) WHICH IS LOCATED WITHIN THE SUP ON PERMITTED AREA. To THE NORTH YOU 236 HAVE UH WOODEN DEER SUBDIVISION INDICATED IN YELLOW. EXISTING FEATURES ON SITE YOU 237 HAVE THE CRYSTAL SPRINGS CREEK THAT RUNS THROUGH THE PARCEL HERE ALONG THE WEST TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001929 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 238 BOUNDARY OF THE SITE. You HAVE TI IF BASIN DITCH, WHICH IS UH NORTH OF THE PROPOSED AREA 239 TO BE MINED. AND THEN YOU ALSO IIAVE UH SOME RESIDENTIAL BUILDINGS UHM OWNED BY THE 240 CERISE FAMILY AND OUTBUILDINGS LOCATED HERE. WE DO HAVE AN EXISTING UHM VEGETATION 241 ALONG THIS EDGE; THE WESTERN EDGE AND THEN ALSO UHM A PORTION OF THE SOUTHWEST UHM 242 UH PART OF THE PROPERTY. PART OF THE COMPREHENSIVE PLAN OF 2000 (TWO THOUSAND) UH 243 THE LAND USES THAT ARE INDICATED UH THE SUBJECT PARCEL IS SHOWN AS RESIDENTIAL MEDIUM 244 6 (SIX) TO LESS THAN 10 (TEN) ACRES PER DU. AND YOU ALSO HAVE THE POWERS PIT INDICATED 245 AS RESOURCE EXTRACTION IN RED ALONG TI IE UHM THE BLUE PIT. ALTHOUGH THE BLUE PIT IS 246 ALSO GONNA INCLUDE....INAUDIBLE... HERE AT ...INAUDIBLE...AT 5 (FIVE)...INAUDIBLE..... 247 SUBDIVISION IS INDICATED IN YELLOW. UNDER THE COMPREHENSIVE PLAN, UH YOU HAVE 248 NATURAL RESOURCES IDENTIFIED AND THE SITE IS SHOWN AS POTENTIAL SAND AND GRAVEL 249 SOURCE AREA. GROUND WATER AT 20 (TWENTY) OR MORE ABOVE. AND WE DO HAVE UHM 250 PRESERVATION OF COMMERCIAL MINERAL DEPOSIT ACT AND I'M GONNA TURN THAT OVER TO 251 CAREY SHE'S GONNA TALK A LITTLE BIT ABOUT THAI' AND HOW IT APPLIES TO TIIIS APPLICATION. 252 CAREY GAGNON - HA, HA, THE SHORT ANSWER IS THAT IT DOES 253 NOT APPLY. HA, BECAUSE IT WAS REFERENCED IN THE APPLICANT'S UHM APPLICATION MATERIALS 254 I JUST WANTED TO POINT OUT THAT THERE IS A STATUTE, BUT IT ONLY APPLIES TO POPULACE 255 COUNTIES WHICH ARE THOSE THAT ARE 65,000 (SIXTY-FIVE) THOUSAND OR MORE. OUR MOST 256 RECENT CENSUS DATA PUTS US SIGNIFICANTLY BELOW THAT SO THAT'S ITS NOT TRIGGERED AND 257 ALTHOUGH UHM IT PRESENTS UH STATE UHM POLICY OF PRESERVING MINERAL DEPOSITS FOR 258 FUTURE EXTRACTION; IT DOES NOT APPLY IN THIS PARTICULAR INSTANCE. 259 CHAIRMAN MARTIN - THANK YOU COUNSELOR. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65A8 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001930 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 260 MOLLY ORKILD-LARSON -THANK YOU CAREY. SO A SUMMARY 261 OF THIS MINING APPLICATION UH, WE RECEIVED THE PERMIT FROM THE DIVISION OF RESOU.. UH 262 RECLAMATION OF MINING AND SAFETY IN MARCH. IT CONSISTS OF UH A PRE -MINING PHASE, 5 263 (FIVE) MINING PHASES AND RECLAMATION PHASE. THEY ARE TO MINE APPROXIMATELY 48 (FORTY - 264 EIGHT) ACRES OF THE 65 (SIXTY-FIVE) AND''/ (ONE HALF) ACRE SITE. THEY'RE ANTICIPATING TO 265 MINE 350,000 (THREE HUNDRED FIFTY THOUSAND) TO 500,000 (FIVE HUNDRED THOUSAND) TONS 266 PER YEAR AND THIS IS ALL BASED ON THE APPLICANTS MARKET DEMAND. AND TO LAST 267 APPROXIMATELY 18 (EIGHTEEN) YEARS AND UHM MARKET...INAUDIBLE.... 45 (FORTY-FIVE) 268 PEOPLE ARE ANTICIPATED TO BE EMPLOYED, 20 (TWENTY) TO 35 (THIRTY-FIVE) WILL WORK FOR 269 LAFARGE. AND THE WORKING HOURS WOULD BE 7:00 (SEVEN) A.M. TO 8:00 (EIGHT) P.M. MONDAY 270 THROUGH SATURDAY WITH 7:00 (SEVEN), 7:00 (SEVEN) A.M. TO 6:00 (SIX) P.M. RESERVED FOR 271 CRUSHING, DIGGING, HAULING AND THEN 6:00 (SIX) P.M. TO 8:00 (EIGHT) PM. ADMINISTRATIVE 272 MAINTENANCE ACTIVITIES AND THAT'S DIRECTLY PULLING FROM OUR CODE. AND THE END LAND 273 USE IT IS PAST....INAUDIBLE. I'M GONNA TAKE YOU THROUGH QUICKLY THE SEQUENCES OF THE 274 MINING; THIS IS THE PRE -MINING PHASE THEY'RE PLANNING ON CONSTRUCTING A ROAD TO THE 275 SITE WITH ASPHALT AND THEN ROUGHING IN A PARKING AREA. THEY WOULD STRIP THE TOPSOIL 276 AND OVERBURDEN IN THIS AREA HERE. TOPSOIL GOING INTO A BERM HERE ABOUT 17 (SEVENTEEN) 277 FEET TALL AND THEN OVER THE UHM, UHM BERM HERE AND HERE THIS COMES ABOUT 60 (SIXTY) 278 AND IT'S GONNA RANGE 70 (SEVENTY) FEET IN HEIGHT. OH AND 9 (NINE) MONTHS IS THE TIME 279 PERIOD THAT THEY HAVE GIVEN FOR THAT PROJECTED TIME. MINING SEQUENCE 2 (TWO) OR PHASE 280 1(ONE) UH THEY WOULD EXCAVATE ABOUT 86 (EIGHTY-SIX) FEET DOWN UHM, FOR THE UH 281 TAILINGS POND. THEY WOULD SET UP THE OFFICE, WHICH IS LOCATED IN HERE. UH THE SCALE 282 HOUSE IS ALSO LOCATED IN THERE; AN ISDS SYSTEM WOULD BE LOCATED ON SITE. UHM A TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001931 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 283 CONCRETE PLAN, WHICH IS LOCATED HERE WOULD BE SET UP AND THEN ALSO THE AGGREGATE 284 PROCESSING PLANT HERE. UHM THE STOCK PILE FROM THE TAILINGS POND WOULD BE LOCATED IN 285 THIS AREA HERE AND PROJECTED TIME IS 1.9 (ONE POINT NINE) YEARS. THIS IS A CLOSE UP OF UH 286 OF THE UH OFFICE AREA TO GIVE YOU BETTER IDEA OF THE OFFICE BEING HERE. CONCRETE PLANT 287 HERE, ASPHALT PLANT HERE AND THE PROCESSING PLANT HERE. SO MINING PHASE SEQUENCE 3 288 (THREE) PHASE 2 (Two) UHM THE AGGREGATE THAT WE SAW ALONG HERE HAS NOW DISAPPEARED, 289 OBVIOUSLY PROCESSED UH TOPSOIL AND OVER BURDEN HAS BEEN UHM REMOVED HERE AND 290 LIGHTING HAS BEGUN. STOCK PILING OF THE OVER BURDEN HAS GONE OVER HERE IN THIS AREA TO 291 THE NORTH AND IJH PROJECTED TIME IS 7.1 (SEVEN POINT ONE) YEARS. SEQUENCE, MINE 292 SEQUENCE 4 (FOUR), PHASE 3 (THREE) YOU'RE SEEING THE UH PROCESSING PLANT UHM THE 293 ASPHALT BEING MOVED DOWN TO THE BOTTOM OF THE PIT AND SEEING SOME RECLAMATION 294 OCCURRING ALONG HERE. SEQUENCE, MINE SEQUENCE 5 (FIVE) UHM PHASE 3 (THREE) OVER 295 BURDEN USED, IS USED TO RECLAIM FORTUNES OF THE SITE OF 2 (TWO) TO 1 (ONE) 296 GRADE...INAUDIBLE...AND THE PROJECTED TIME IS 2 (TWO) YEARS FOR THE MINING AND PARTIAL 297 RECLAMATION. MINING SEQUENCE 6 (SIX) PHASE 4A (FOUR) MINE; THERE WILL BE A MINE IN THE 298 NORTHEAST PORTION OF THE SITE AND UH STOCK PILE OVER BURDEN WILL BE RECLAIM SLOPES 3 299 (THREE) TO 1 (ONE) AND PROJECTED TIME IS 3.8 (THREE POINT EIGHT) YEARS. HERE YOU SEE THE 300 CONCRETE PLANT AND OTHER SII E. IMPROVEMENTS INCLUDING THE OFF.., THE OFFICE THAT 301 DISAPPEARED. UH THEY'RE MINING THAT AREA AND THEIR PROJECTING UH .68 (POINT SIX -EIGHT) 302 FOR 12 (TWELVE) YEARS DURING THIS... MINING SEQUENCE 8 (EIGHT) THIS IS THE FINAL 303 RECLAMATION SO THE UH REMOVAL OF THE AGGREGATE IS UHM DONE ALONG WITH THE 304 TEMPORARY BATCH PLANT IN THE TAILING POND. OVER BURDEN IS USED TO RECLAIM THE SLOPES 305 AND THE SITE IS RESEEDED AND THE PROJECTED TIME IS 2 (TWO) YEARS. THIS IS A TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001932 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 306 LAND...INAUDIBLE...PLAN, WHICH THEY WOULD FOLLOW BY THE RECLAMATION PLAN WITH THE 307 PROPOSING TO RESEED THE CREEK CORRIDOR WITH A MORE OF UII NATURAL SEED MIX ANL) THEN 308 MORE OF A HAY PASTURE TYPE SEQUENCE OF THE REMAINDER OF THE SITE. THERE WOULD BE 309 SOME TREES LOCATED AROUND THE PERIMETER OF OF THE PIT UHM THE RECLAIM CUT AND THEY 310 WOULD CONSIST OF ....INAUDIBLE....LOCATED TOWARDS THE CREEK BED. COMPREHENSIVE PLAN 311 OF 2000 (TWO THOUSAND) DOLES POLICY OBJECTIVES. UH PRETTY MUCH IN A NUT SHELL UHM 312 GARFIELD COUNTY DOES RECOGNIZE THAT UNDER COLORADO LAW THAT THE SURFACE MINERAL 313 INTEREST HAS TO ....INAUDIBLE... TI -IAT INCLUDES STRAPPING, DEVELOPING THESE INTERESTS. 314 UHM THE MINERAL STATES BEING DEVELOPED ALTHOUGH IT HASN'T BEEN IN 315 THE.... INAUDIBLE... MANNER AND ALSO UH MAKE SURE THERE IS NO ADVERSE LAND USE UHM 316 IMPACTS OR MITIGATED, LET'S PUT IT THAT WAY. AND THEN ALSO UHM THE PROPOSED OPERATION 317 CANNOT CREATE NON-MITIGATEABLE CUMULATIVE IMPACTS, ROADS, AIR AND WATER QUALITY OR 318 OTHER RESOURCES ....INAUDIBLE... THERE WITH GRAVEL OPERATIONS THERE IS A NUMBER OF 319 CONCERNS THAT HAVE COME UP AND HAVE BEEN VOICED BY ...INAUDIBLE... THIS WAS BROUGHT 320 OUT IN THE PLANNING COMMISSION HEARING. UHM SOME OF THEM, SOME OF THESE COMMENTS UH 321 WERE ON AIR QUALITY, NOISE, VISUAL IMPACT, TRAFFIC, WILDLIFE HABITAT AND COMPATIBILITY. 322 Now RECLAMATION WASN'T UHM A CONCERN BUT I WANT TO DISCUSS THAT IN REFERENCE HOW 323 THEY DEVIATED FROM THAT. SO WE'LL GO INTO THAT. FIRST, 1 (ONE) BEING AIR QUALITY. THE 324 FUGITIVE DUST AND FIELD COMBUSTION ARE UH USUALLY THINGS THAT ARE OF CONCERN OF 325 GRAVEL PITS. Now FIELD COMBUSTION THEY ARE ON THE GENERATORS, THEY ARE PROPOSING 326 UHM ... INAUDIBLE... ELECTRICITY VERSUS GASOLINE. BUYS AND ASSOCIATES PREPARED AIR 327 QUALITY STATEMENT AND WITHIN THAT REPORT, THEY ADDED UH FUGITIVE DUST CONTROL PLAN 328 ALONG WITH BEST MANAGEMENT PRACTICES. CDPHE CONSTRUCTION PERMITS FOR ALL THE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65,48 -ACRES OF A 9T81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001933 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 329 PRODUCTION EQUIPMENT WERE PROVIDED AND THEY ALSO HAVE SUBMITTED TO CHPHE AN AIR 330 PERMIT. THE APPLICANT IS GOING TO COMPLETE THIS UHM APEN PERMIT ONCE THE MINING 331 VARIABLES ARE KNOWN SO WE'LL KNOW WHAT PERMIT UH EQUIPMENT WOULD BE APPROVED 332 THROUGH THIS PROCESS AND THE UH THEIR MODEL WOULD BE COMPLETE ON THIS PERMIT. THE AIR 333 MODEL CONSIDERS ANY CUMULATIVE FUGITIVE DUST IMPACTS WITHIN 10 (TEN) KILOMETER 334 READINGS OF THE MINE, THAT WOULD INCLUDE THE .....INAUDIBLE...DECK AND THE APEN 335 PERMIT MUST MEET ALL THE NATIONAL AIR QUALITY UHM AMBIENT QUALITY STANDARDS OR NO 336 LAND USE PERMIT WILL BE ISSUED. TIIAT HAS THE MAIN CONDITION OF APPROVAL. CDPHE, THE 337 COUNTY OR LAFARGE HAVE NOT RECEIVED ANY VIOLATIONS, NOTHING HAS BEEN REPORTED ON 338 ANY OF THESE CERTAIN AGENCIES, OR DEPARTMENTS UHM IN REFERENCE TO EMISSIONS OR AIR, 339 FUGITIVE DUST. Now WE HAVE RECEIVED UHM NOT ONLY FOR THE PLANNING COMMISSION 340 HEARING BUT ALSO FOR THIS HEARING NUMEROUS LETTERS FROM UM ADJACENT PROPERTY 341 OWNERS REGARDING DUST UHM, FUGITIVE DUST CONCERNS UHM HEALTH CONCERNS, DUST IN 342 HOMES AND ON CARS AND WE HAVE A NUMBER OF PEOPLE HERE THAT WILL BE SPEAKING ON THAT 343 TONIGHT, OR THIS AFTERNOON. NOISE IS THE 2ND (SECOND) UH ISSUE I WOULD LIKE TO DISCUSS. 344 UH A NOISE ANALYSIS AND ADDENDUM HAVE BEEN PREPARED BY HANKARD ENVIRONMENTAL. 345 UH THEY DO PROPOSED MITIGATION MEASURES TO REDUCE NOISE. UH THE NOISE STANDARDS OF 346 UH COLORADO REVISED STATUTE 25-12-103 (TWENTY-FIVE DASH TWELVE DASH ONE HUNDRED 347 THREE) ARE MET WITH THE MITIGATION MEASURES ACCORDING TO THE REPORT. UH DURING 348 CONSTRUCTION PHASES WHICH WOULD BE THE PRE -MINING AND THE RECLAMATION PHASES UH 349 THEY WERE THEY WOULD BE ALLOWED TO GO UP TO 80 (EIGHTY) DECIBELS. AND THE APPLICANT 350 HAS INTERPRETATIVE THAT NOISE STATUTE WILL ALLOW UHM DAY TIME CONSTRUCTION NOISES UP 351 TO 90 (NINETY) DECIBELS FOR 15 (FIFTEEN) MINUTES PER HOUR. AND THE STATE NOISE STATUTE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM TI -IE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001934 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 352 IS SUBJECT TO INTERPRETATION AND AND MAY NOT CLEARLY ALLOW ADDITIONAL 10 (TEN) 353 DECIBELS DURING CONSTRUCTION AND CAREY GAGNON WOULD BE MORE THAN HAPPY TO DISCUSS 354 THE RISK ANALYSIS OF HANKARD'S UHM INTERPRETATION IF DEEMED NECESSARY BY THE BOARD. 355 CRYSTAL SPRINGS COALITION HAS HIRED A CONSULTANT TO REVIEW UHM THE HANKARD UH 356 STUDY AND UHM IS, DISAGREES WITH THEIR CONCLUSIONS. THEY DON'T BELIEVE THAT THEY MET 357 THE NOISE STANDARD. UH WHAT STAFF CAN SEE IS THERE'S A DIFFERENCE IN IDENTIFYING THE 358 DIFFERENT PLAN USES, WHAT DECIBELS WOULD BE ALLOWED SURROUNDING THE SITE. THAT'S 1 359 (ONE) DIFFERENCE, THE 2ND (SECOND) WOULD UH THE DECIBELS FOR THE EQUIPMENT THAT'S BEING 360 PROPOSED FOR A , , .,,INAUDIBLE.... VISUAL IMPACT; VIEWS OF THE SITE CAN BE SEEN FROM UH 361 WOODEN DEER SUBDIVISION. ALSO TO THE UHM TO THE NORTHEAST, PROPERTIES FROM THE 362 NORTHEAST. UH THE MITIGATION MEASURES THAT THE APPLICANT IS PROPOSING, THERE'S 363 PRESERVATION OF TREED SLOPES ALONG COUNTY ROAD 103 (ONE I-IUNDRED AND THREE) AND 364 STATE HIGHWAY 82 (EIGHTY-TWO). PHASE MINING AND RECLAMATION PLAN, BUILDING OF THE 365 BERMS, PAINTING EQUIPMENT ABILITIES IN USUAL COLORS, LIGHTING DOWNWARD AND INWARD, 366 PLACEMENT OF THE AGGREGATE PROCESSING PLANT AND THE TEMPORARY ASPHALT BATCH PLANT 367 IN THE BOTTOM OF THE PIT AND THAT WOULD BE PHASES 3 (THREE) THROUGH 4B (FOUR). THEY 368 ALSO HAVE PREPARED A, A USE STUDY ...INAUDIBLE... AND UH ARE MORE THAN WILLING TO RUN 369 THROUGH THAT WITH YOU THIS AFTERNOON. AND THAT WILL BE HOW THEY HAVE GONE ABOUT 370 ANALYZING YOUR VISUAL IMPACTS FOR THE SITE. TRAFFIC; ACCESS TO THE SITE IS OFF OF COUNTY 371 ROAD 103 (ONE HUNDRED AND THREE). THE TRAFFIC STUDY WAS PREPARED BY GENE COPPOLA. 372 IT PROPOSES TURN LANES ON STATE HIGHWAY 82 (EIGHTY-TWO) INCREASING THE TURNING 373 RADIUS ON AN INTERSECTION OF 82 (EIGHTY -TWO) AND COUNTY ROAD 103 (ONE HUNDRED AND 374 THREE) AND THE CONCLUSION FROM THIS REPORT WAS THAT THEY FELT IT UHM, THE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.$1 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001935 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 375 PROFESSIONAL FELT THAT THE ROAD GEOMETRY WOULD FACILITATE A SAFE AND EFFICIENT 376 OPERATING CONDITIONS FOR FOR THAT ADVERSE OF IMPACT... INAUDIBLE... THE APPLICANT HAS 377 TO OBTAIN A DRIVEWAY ACCESS PERMIT FROM THE COUNTY AND ALSO A CDOT ACCESS PERMIT 378 WHICH HAS BEEN MADE A CONDITION OF APPROVAL. THEY'RE ALSO TO CONDUCT AN ENGINEERING 379 INVESTIGATION ON THE PAVEMENT DESIGN SECTION OF COUNTY ROAD 103 (ONE HUNDRED AND 380 THREE) AND THAT'S ALSO IN THE CONDITION OF APPROVAL. AND, AND ENTER INTO A 381 ...INAUDIBLE... RIGHT- A -WAY IMPROVEMENTS AGREEMENT WITH THE COUNTY, WHICH IS ALSO A 382 CONDITION. AND ALSO FOR ...INAUDIBLE... HOW MUCII TRAFFIC THE BLUE PIT UH WILL BE 383 GENERATING AS FROM TESTIMONY LAST YEAR FROM THAT APPLICANT UHM 95% (NINETY-FIVE 384 PRESENT) OF THE TRAFFIC FROM THE BLUE PIT WILL ACCESS TO THE HIGHWAY 82 (EIGHTY-TWO) 385 BUT ONLY 5% (FIVE PERCENT) WILL UHM BE ON COUNTY ROAD 104 (ONE HUNDRED AND FOUR) 386 AND COUNTY ROAD 103 (ONE HUNDRED AND THREE). INAUDIBLE.... UH NATURAL HABITAT 387 STATEMENT PREPARED BY BUYS AND ASSOCIATES UHM HAS BEEN PREPARED AND IN THAT REPORT 388 THEY IDENTIFIED NO THREATENING ....INAUDIBLE .... SPECIES ...INAUDIBLE ....LOCATED ON THE 389 SITE. FRINGE WETLANDS ARE HAVE BEEN IDENTIFIED ALONG CRYSTAL SPRING CREEK UHM, THE 390 COLORADO DIVISION OF WILDLIFE'S REFERRAL LETTER INDICATES THAT THE MINE WOULD HAVE A 391 MINIMUM IMPACT ON WILDLIFE AND THE APPLICANT SHALL OBTAIN ANY APPLICABLE ...IN 392 AUDIBLE... THERE HAS BEEN A NUMBER OF LETTERS AND E-MAILS FROM SURROUNDING PROPERTY 393 OWNERS UH IDENTIFYING OR STATING THAT UH RAPTORS, BALD EAGLES HAVE BEEN KNOWN TO 394 PERCH IN THE COTTONWOODS ON SITE AND THE LETTER WE DID, JUST WAS RECEIVED LETTER, OH 395 I'M SORRY FRIDAY UHM THERE MAY HAVE BEEN GETTING THAT THEY BELIEVE THERE WOULD BE 396 ...INAUDIBLE. UHM AND I'LL HAVE, I HAVEN'T REVIEWED IT IN GREAT DETAIL YET UHM BUT I'M 397 SURF IT'S THE ...INAUDIBLE... CAPABILITY WITH SURROUNDING LAND USES, THE SITE IS LOCATED TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE., COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001936 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 398 WITHIN A RESIDENTIAL IRRIGATION, UH IRRIGATED CASTOR AND RANGE LAND AND TRAVEL MINING 399 USES. UH THE SITE IS HIDDEN FROM STATE HIGHWAY 82 (EIGHTY-TWO) AND 1 (ONE) OF 3 (THREE) 400 DIG...ELEVATION DIFFERENCE AND EXISTING TREES AND MITIGATION MEASURES UH TO, TO BE 401 IMPLEMENTED INCLUDE AGAIN PRESERVATION OF TREES ALONG THE WEST AND SOUTH PERIMETER 402 OF THE SITE. PHASE MINING RECLAMATION PLAN, BUILDING OF THE BERMS, PAINTING OF 403 EQUIPMENT, DOWN LIGHTING AND ALSO PUTTING THE PROCESS AND PLANT AND ASPHALT PLANT AT 404 THE BOTTOM OF THE HILL. THE SITE ACCESS IS LOCATED WHERE PRIVATE DRIVEWAYS EXIST AND 405 THE..INAUDIBLE ...SCALE ...INAUDIBLE... IS CLASSIFIED INTO OUR CODE. Now ON RECLAMATION 406 UH THIS WOULD, THIS IS A DRY LANDS UHM DRY LANDS ...INAUDIBLE...CRITERIA WITH ...IN 407 AUDIBLE...SINCE IT I5 NOT ALONG THE RIVER. AND THEY ARE PROPOSING THE 3 (THREE) TO 1 408 (ONE) RATHER THAN THE 5 (FIVE) TO 1 (ONE) SLOPE AND THE APPLICATION UH, THE APPLICANT, 409 THE APPLICANT REQUESTS UH MODIFICATIONS TO THE SLOPE STANDARDS. UH DRY LAND RE - 410 VEGETATION UHM, THEY ARE PROPOSING A MIXTURE OF GRASS AND TREES FOR DRY LAND RE - 411 VEGETATION AND THEY DEVIATE FROM THAT CRITERIA UHM WITH TREES AND JUST GRASSES AND 412 THEY ARE REQUESTING A MOD...A MODIFICATION FROM ...INAUDIBLE... WE DID CONDUCT A SITE 413 VISIT ON MAY 31 ST (THIRTY-FIRST) WITH THE COMMISSIONERS, STAFF, AND SOME 414 REPRESENTATIVES FROM THE COALITION AND I'LL JUST TAKE YOU QUICKLY THROUGH SOME 415 PHOTOS. THIS IS ON UH STATE HIGHWAY 82 (EIGHTY-TWO) LOOKING TO THE EAST AND RETURNING 416 ONTO COUNTY ROAD UHM 13 (THIRTEEN), AND GOING UP COUNTY ROAD, I'M SORRY 103 (ONE 417 HUNDRED AND THREE). Now WE ARE HEADING NORTH ON 103 (ONE HUNDRED THREE) AND AS YOU 418 CAN SEE THERE'S A DROP OFF UHM ON BOTH SIDES. CRYSTAL UH SPRINGS CREEK IS DOWN BELOW 419 ON THE RIGHT AND THIS IS THE ACCESS POINT FOR THE CERISE MINE SO THERE WOULD BE SOME 420 IMPACTS TO THE WETLANDS THERE BECAUSE FILL WOULD HAVE TO BE ADDED. THIS IS SOME VIEWS TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 -001937 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 421 FROM THE WOODEN DEER SUBDIVISION. WHAT'S INDICATED IN RED IS THE CERISE MINE, THE 422 BLUE PIT BEING TO THE LEFT. PHASE 4 (FOUR) WOULD BE RIGHT HERE. SO THERE WOULD BE UH 423 AS THAT 1 (ONE) TIME THERE WOULD BE QUITE A BIT OF MINING IN THE AREA. COUNTY ROAD 103 424 (ONE HUNDRED THREE) WOULD GO RIGHT HERE. RECOMMENDED FINDINGS; UH THERE WAS 5 425 (FIVE) INITIALLY APPROVED FROM THE BOARD, UH WITH THE PLANNING COMMISSION, AT THE 426 PLANNING COMMISSION. I'VE ADDED UH THE 1ST (FIRST) 1 (ONE) WHICH INDICATES PROPER 427 NOTIFICATION AND THAT IS UNDERLINED. UH THE PLANNING COMMISSION APPROVED UH 37 428 (THIRTY-SEVEN CONDITIONS OF APPROVAL AND I HAVE HIGHLIGHTED UHM THE CONDITIONS THAT 429 I WISH TO SPEAK TO YOU FURTHER ON OR TO IDENTIFY ...INAUDIBLE... SIZE AND 1 HAVE 430 ELIMINATED 1 (ONE)....INAUDIBLE._WHEN I GET TO THAT I'LL SHOW YOU THAT. UHM THE 1ST 431 (FIRST) 1 (ONE) BEING UHM THE GEOTECH INVESTIGATION AT NESBIN UH MADE CONDITION OF 432 APPROVAL TO MAKE SURE THAT THE ROAD CAN SUSTAIN THE TRAFFIC UH FROM 200 (Two 433 HUNDRED FEET NORTH OF THE ENTRANCE OF THE PIT DOWN TO THE STATE HIGHWAY 82 (EIGHTY- 434 TWO). UHM NUMBER 1 1(ELEVEN), UH MAKING SURE THAT A STATE HIGHWAY PERMIT ACCESS, 435 ACCESS PERMIT IS, IS OBTAINED ALONG UHM, ALONG THE UH INSURING THAT ALL THE CONDITIONS 436 ARE ENFORCED ON THAT. UHM ALSO ON 12 (TWELVE), UH MAKING SURE THAT THERE IS AN APEN 437 PERMIT FOR THE ENTIRE MINING SITE. NUMBER 16 (SIXTEEN) UH THESE ARE IJHM NOISE 438 MITIGATION STANDARDS THAT THE APPLICANT IS UHM WILLING TO UHM IMPLEMENT. 17 439 (SEVENTEEN) WAS A REPEAT AND SO UHM I RENUMBERED THOSE AND I'LL GET YOU THE 1 (ONE) 440 THAT UH IN A FEW MINUTES HERE UH WHAT IT'S GOES INTO MORE DETAIL THAT'S THE SAME UHM 441 CONDITION. UH WHICH IS THIS ONE 24 (TWENTY-FOUR) UH WHICH REQUESTS THE APPLICANT, 442 APPLICANT TO COME IN AND UH FOR A REVIEW EVERY YEAR AND WE LOOK AT UH WHAT HAS BEEN 443 DONE, IF THERE'S ANY DEFICIENCIES AND IF THERE'S ANY DEFICIENCIES THEN IT COMES TO THE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001938 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 444 BOARD FOR THEIR REVIEW. ALSO UH WANTED TO POINT OUT BEST MANAGEMENT PRACTICES UHM, 445 UH IN REFERENCE TO UH AIR QUALITY UH, THAT, THIS IS WAS TAKEN FROM UH BUYS AND 446 ASSOCIATES REPORT AND COMPLETED IN EACH YEAR AS A CONDITION OF APPROVAL. AND THAT 447 CONCLUDES MY PRESENTATION. ARE THERE ANY QUESTIONS? ...INAUDIBLE. 448 CHAIRMAN MARTIN - UH MOLLY YOU DIDN'T TOUCH ON WATER. 449 THE AVAILABILITY OF WATER, RIGHT TO WATER ETC... WILL YOU LEAVE THAT TO THE APPLICANT? 450 MOLLY ORKILD-LARSON - UHM WE CAN LEAVE IT TO THE 451 APPLICANT AND THEN 1 CAN...INAUDIBLE... 452 CHAIRMAN MARTIN - HEAR TIIAT QUESTION PLEASE? ESTABLISH 453 WHAT PART OF RIGHTS, CONSUMPTION AND ALSO ANY CONTAINMENT THAT YOU MAY HAVE, 454 NATURAL OR OTHERWISE. SUCH AS FLOOD ...INAUDIBLE.... 455 SEAN FRISCH - OKAY, YEAH WE GO THAT.... 456 CHAIRMAN MARTIN - ANY QUESTIONS OF MOLLY? ALRIGHT, 457 LIGHTS UP OR DOWN GENTLEMEN? 458 SEAN FRISCH - UH WE HAVE A PRESENTATION AS WELL SO 459 PROBABLY JUST KEEP THE LIGHTS DOWN, UH IST (FIRST) I'D LIKE TO THANK EVERYONE FOR UH 460 THIS ...INAUDIBLE... APPLICATION. I'D ALSO LIKE TO THANK MISS ORKILD-LARSON FOR BEING 461 PATIENT WITH LAFARGE. I KNOW WE'VE HAD A LOT OF QUESTIONS DURING THIS PROCESS AND IT'S 462 A BIG APPLICATION SO I'D LIKE TO THANK HER FOR ALL THE WORK SHE HAS DONE GETTING US TO 463 THIS POINT AS WELL. UHM I'D LIKE TO INTRODUCE MYSELF, MY NAME'S SEAN FRISCH. I'M THE 464 LAND MANAGER FOR LAFARGE HERE IN THE WEST SLOPE OF COLORADO. ALSO UH AROUND WITI I TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE srrE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214. 001939 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 465 ME IS WALTER WRIGHT, HE'S OUR ENVIRONMENTAL MANAGER FOR THE WEST SLOPE OF 466 COLORADO. ALSO DAN KNOX IS HERE, HE IS THE PLANT SUPERVISOR AT THE POWER'S SITE WHICH 467 WE WILL BE MOVING OVER TO THE CERISE SITE. UH ALSO JULIE COZAD HAS INTRODUCED 468 HERSELF, SHE'S OUR CONSULTANT FROM TETRA TECH. SHE'S DONE A LOT OF WORK ON THE 469 APPLICATION, HELPED US A LOT. ALSO WITI I US IS THE, ARE THE LANDOWNERS UH MIKE, TONY 470 AND BOB CERISE. THEY'RE ALL HERE TO SHOW SUPPORT FOR THIS APPLICATION. (COUGH) AGAIN 471 WE'VE HAD A, A LONG LIST OF CONSULTANTS UP SOUTH WITH SOME A LARGE AMOUNT OF 472 EXPERTISE. WE'D LIKE TO JUST SHOW SOME OF THE SOME OF 11 IE. PEOPLE THAT HAVE WORKED ON 473 THIS. QUITE A FEW MEMBERS OF OUR TEAM OUR HERE ALSO TO SPEAK ON THEIR LEVELS OF 474 EXPERTISE UH BEYOND....INAUDIBLE...GIVE EXPERTISE. QUICK UH SUMMARY ON WHO LAFARGE 475 IS. LAFARGE IS A WORLDWIDE MATERIALS CONSTRUCTION MATERIALS SUPPLY COMPANY. 476 CURRENTLY WE WORK UH THROUGHOUT LOCATIONS THROUGHOUT THE UNITED STATES AND 477 CANADA. OUR WESTERN US REGION WHICH I WORK FOR IS IN 11 (ELEVEN) STATES. You CAN SEE 478 THEM LISTED THERE. OUR PRIMARY, PRIMARY PRODUCTS HERE IN THE WEST ARE UH AGGREGATES, 479 READY MIX CONCRETE,. ASPHALT, UH WE ALSO WORLDWIDE PRODUCE GYPSUM, WALLBOARD AS 480 WELL AS UH PORT AND CEMENT. LAFARGE HAS HAD A PRETTY LONG LASTING COMMITMENT TO 481 GARFIELD COUNTY. LAFARGE OR ITS PREDECESSORS HAVE BEEN IN THE COUNTY FOR MORE THAN 482 30 (THIRTY) YEARS. LAFARGE EMPLOYEES, OVER 75 (SEVENTY-FIVE) PERMANENT EMPLOYEES 483 HERE IN GARFIELD COUNTY ALONE. WE'RE ALSO MEMBERS OF NUMEROUS STATE AND UH LOCAL, 484 LOCAL ASSOCIATIONS AND BUREAUS UH. WE'VE ALSO BEEN HONORED RECENTLY WITH A FEW 485 AWARDS. You CAN SEE A FEW FROM 2009 (TWO THOUSAND NINE) AND 2006 (TWO THOUSAND SIX) 486 THAT WERE RECLAMATION AWARDS AS WELL AS SOME ENVIRONMENTAL AND SAFETY AWARDS 487 THAT WE'VE ALL BE UH OPERATING UNDER. THE UNIT OF THE PROJECT IS A LITTLE MORE, TRY TO TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001940 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 488 PAR THIS DOWN SO 1T DIDN'T OVERLAP AS MUCH WITH UH STAFF'S PRESENTATION. BUT LAFARGE 489 IS REQUESTING APPROVAL FOR A SAND AND GRAVEL MINE WITH A READY MIX CONCRETE PLANT 490 AND A TEMPORARY ASPHALT BATCH PLANT ON THE CLIFFORD CERISE RANCH. THE SAND AND 491 GRAVEL MINING OPERATION IS APPROXIMATELY 66 (SIXTY-SIX) ACRES ON AN APPROXIMATELY 98 492 (NINETY-EIGHT) ACRE SITE. UHM LAFARGE PLANS TO BEGIN SITE SET-UP IN EARLY 2012 (TWO 493 THOUSAND TWELVE) OR UH AND THEN BEGIN MINING UH HOPEFULLY LATE 2012 (TWO THOUSAND 494 TWELVE) EARLY 2013 (TWO THOUSAND THIRTEEN). OUR CURRENT OPERATION OVER AT THE 495 POWERS SITE IS GOING TO BE OUR ACTUAL ACCESS IS BEING CLOSED BY CDOT 1N EARLY 2013 496 (TWO THOUSAND THIRTEEN) SO WE'RE HOPING TO HAVE EVERYTHING UP AND RUNNING SO WE CAN 497 HOPEFULLY SHUT THE GATES ON 1 (ONE) AND MOVE ACROSS THE STREET AND OPEN THE GATES ON 498 THE. OTHER. OUR CURRENT ESTIMATES FROM OUR DRILLING SHOWS UH APPROXIMATELY 7 (SEVEN) 499 TO 7 I/2 (SEVEN AND ONE HALF) MILLION TONS OF MATERIAL ON THE CERISE SITE. LAFARGE 500 EXPECTS THAT TO TAKE UH BETWEEN 15 (FIFTEEN) AND 20 (TWENTY) YEARS UH DEPENDING ON 501 MARKET CONDITIONS. LAFARGE ALSO WILL BE EMPLOYING UP TO UH 45 (FORTY-FIVE) EMPLOYEES 502 AT THE SITE WHEN IN FULL PRODUCTION. THE QUICK UH MAP OF THE LOCATION WE'VE SEEN THAT 503 A COUPLE OF TIMES NOW. LAFARGE HAS GONE INTO A GREAT DEAL OF ANALYSIS TO UH GET 504 BEHIND THE SITE AND, AND DETERMINE THIS IS THE SITE WE'D LIKE TO BE ON, UHM CERISE IS THE 505 LOGICAL OR, OR HOPEFUL REPLACEMENT FOR OUR POWERS PIT. IT WILL BE GONE IN LESS THAN 2 506 (TWO) YEARS. IT'S IMPORTANT; WE FEEL IT'S IMPORTANT TO HAVE CONSTRUCTION AGGREGATE 507 MINES VERY CLOSE TO MARKET AREA. WE KNOW THERE'S UH QUITE A BIT OF DEVELOPMENT STILL 508 PLANNED, MAYBE ON HOLD RIGHT NOW BUT PLANNED FOR THE FUTURE HERE IN THE VALLEY AND 509 WE HOPE TO CONTINUE TO BE ABLE TO SUPPLY THAT MARKET. UH IF IT HELPS LOWER THE COST 510 FOR UH CONTRACTORS BUILDING CONSTRUCTION SITES UH IT ALSO REDUCES TRAFFIC ON THE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 155.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001941 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 511 ROADS SO THEY ARE NOT TAKING AS FAR HAUL ROUTES AND ALSO REDUCES EMISSIONS ON THOSE 512 ROADS SINCE UH THE HAUL ROUTES ARE QUITE, ARE A BIT SHORTER. LAFARGE, LAFARGE ALSO 513 HOPES TO MAN THE 45 (FORTH -FIVE) JOBS HERE IN SOUTH GARFIELD COUNTY. UH BUT I GUESS 514 THAT IS A REPLACEMENT, THESE AREN'T NEW JOBS THEY'LL BE EXISTING JOBS THAT WILL REMAIN 515 UH IN THIS AREA. LAFARGE IS ALSO COMMITTED TO PROVIDING PRODUCTS THAT USE UH 516 SUSTAINABLE MANUFACTURING PRACTICES AND WE TRY TO IMPROVE THE ENVIRONMENT IN AND 517 AROUND ALL OF OUR PLANTS. THERE'S JUST A SMALL LIST OF THE APPLICATIONS AND PERMITS 518 THAT WE HAVE TO GET PRIOR TO OPENING ANY MINES. 1 THINK WE'VE COUNTED THE TIMES THAT IT 519 RANGES BETWEEN 10 (TEN) AND 15 (FIFTEEN) PERMITS THAT WE HAVE TO GET. UHM BOTH IN THE 520 COUNTY LOCAL PERMITS AS WELL AS STATE AND UH IN SOME CASES FEDERAL PERMITS. QUICKLY 521 IN GARFIELD COUNTY WE OBVIOUSLY HAVE THE MAJOR IMPACT REVIEW THAT WE ARE HEARING 522 RIGHT NOW. WE'RE ALSO GOING TO HAVE TO WORK WITH UH LOCAL PUBLIC WORKS ON THE 523 ROADWAY UH ROAD DEPARTMENTS TO GET A COUNTY ACCESS ROADWAY PERMIT AS WELL AS SIGN 524 A ROAD IMPROVEMENT AGREEMENT WITH THE COUNTY FOR UH OVERLAY AND MAINTENANCE OF 525 COUNTY ROAD 103 (ONE HUNDRED AND THREE). LAFARGE HAS ALREADY APPLIED TO THE STATE 526 DIVISION OF RECLAMATION MINING AND SAFETY; THE DRMS. WE WERE APPROVED IN MARCH 527 AND APRIL OF 2011 (TWO THOUSAND ELEVEN) FOR THAT PERMIT. UH RIGHT NOW IT'S 528 SUBSTANTIALLY IDENTICAL TO THE APPLICATION YOU HAVE IN FRONT OF YOU. LAFARGE ALSO HAS 529 TO APPLY TO THE UH DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. THIS IS FOR ALL OF 530 OUR AIR PERMITS UHM ANY AIR PERMIT THAT WE HAVE TO SUBMIT WILL LIMIT AIR EMISSIONS FROM 531 OUR PROCESSING PLANTS MINING ACTIVITIES. WE ALSO HAVE STORM WATER MANAGEMENT PLANS 532 AS WELL AS FILL PREVENTION CONTROL AND COUNTER MEASURERS PLANS THAT UH THEY WILL 533 REVIEW ON SITE IF NECESSARY. WE ALSO HAVE TO GET AN ACCESS PERMIT THROUGH UH THE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001942 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 534 DEPARTMENT OF TRANSPORTATION. WE HAVE TO GET UH NATIONWIDE PERMIT OR A 404 (FOUR 535 I {UNDRED FOUR) PERMIT FROM THE ARMY CORP OF ENGINEERS. WE ALSO HAVE TO APPLY TO THE 536 FEDERAL MINE SAFETY AND HEALTH ADMINISTRATION FOR A MINE ID PERMIT, WHICH INCLUDES 537 MANY SAFETY PRECAUTIONS ON THE SITE. To GET INTO SOME OF THE UHM SOME OF THE 538 MITIGATION TECHNIQUES AND, AND PIECES OF TME PUZZLE HERE, UII LAFARGE IS PROPOSING SOME 539 TRAFFIC AND ROAD IMPROVEMENTS TO HELP UHM IMPROVE THE SAFETY OF THE SITE AS WELL AS 540 UH HAVE ACCESS AND SURE THAT THIS SITE WILL BE ABLE TO HAVE ACCESS TO AND FROM THE 541 LOCAL MARKET. WE'VE DONE A PRELIMINARY IMPROVEMENT PLAN UH RECOMMENDATIONS THAT 542 WE HAVE SUBMITTED AND HAVE BEEN REVIEWED, OR HAVE BEEN SUBMITTED WITH THE 543 APPLICATION AND GONE THROUGH PUBLIC WORKS AND CDOT. WE WILL ALSO HAVE TO UH, 544 WE'VE ALSO DEVELOPED A TRAFFIC IMPACT ANALYSIS THAT SHOWS THAT THE CERISE MINE WILL 545 NOT ADVERSELY IMPACT THE EXISTING ROADWAY SYSTEM WITH THE SUGGESTED IMPROVEMENTS. 546 LAFARGE IS ALSO COMMITTED TO MAKING ALL THE REQUIRED ROAD IMPROVEMENTS AH TO MEET 547 THE DESIGNATED LEVEL OF SERVICE IN THIS AREA. UH I BELIEVE THAT'S A CONDITION OF 548 APPROVAL THAT WE DO THOSE AND I WILL QUICKLY SHOW THEM TO YOU HERE. UH THIS IS THE 549 CERISE SITE, THE PROPOSED CERISE SITE; WHAT YOU SEE IN YELLOW DOWN TOWARDS THE BOTTOM 550 OF THIS SLIDE UH ARE THE IMPROVEMENTS THAT WE'RE PROPOSING TO MAKE ON THE HIGHWAY 82 551 (EIGHTY-TWO. WE'LL IMPROVE THE RIGHT HAND DECELERATION LANE HEADING INTO CRYSTAL 552 SPRINGS ROAD OR COUNTY ROAD 103 (ONE HUNDRED THREE) AS WELL AS THE TURN RADIUS 553 ALONG THAT, THAT ROADWAY. UHM WHAT'S THERE IS A SMALL INFORMAL PARK -N -RIDE. WE 554 MADE, WE'LL MAKE SOME IMPROVEMENTS THERE AND ADD SOME PAVING TO MAKE THAT AN 555 EASIER TURN FOR EVERYONE. WE'RE ALSO PROPOSING TO UH ACTUALLY TAKE AWAY A LITTLE BIT 556 OF ASPHALT OR UH MEDIUM THERE AS YOU MAKE THE LEFT HAND ONTO HIGHWAY UH 82 (EIGHTY - TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001943 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 557 TWO) AND THEN WE'LL ALSO IMPROVE THE LEFT HAND ACCELERATION LANE SO THAT WHEN YOU 558 TURN ONTO THE HIGHWAY THE TRUCKS WILL HAVE TIME TO GET UP TO SPEED AS THEY ARE 559 MERGING. WE DID NOT PROPOSE ANY IMPROVEMENTS FURTHER DOWN BECAUSE ALL THOSE 560 IMPROVEMENTS ARE ALREADY IN PLACE FOR THE POWERS MINE; THEY WILL CONTINUE TO EXIST. 561 WE ARE ALSO PROPOSING SOME TRUCK CROSSING SIGNS UH TO NOTIFY THE NEIGHBORHOOD THAT 562 IT IS A 25 (TWENTY-FIVE) MILE AN HOUR ROAD UP THERE SO WE'RE NOT EXPECTING ANY TRAFFIC 563 10 BE FLYING DOWN THERE BUT JUST SO THERE'S NOTICE. LAFARGE IS ALSO PROPOSING TO PUT UP 564 A STOP SIGN ON OUR SITE SO THAT ANY TRUCK STACKING WILL 13E ONTO THE LAFARGE SITE AND 565 NOT IN ANY PUBLIC ROADWAY SO. As TRUCKS ARE WAITING TO UH MAKE THEIR LEFT HAND TURNS 566 ONTO COUNTY ROAD 103 (ONE HUNDRED THREE) THEY'LL STOP ON THE LAFARGE SITE AND STACK 567 THERE RATHER THAN UH IN ANY TRAFFIC. HERE'S A, TO ANSWER SOME OF THE WATER QUESTIONS 568 THAT CAME UP. WATER WILL BE PROVIDED BY 2 (TWO) ON-SITE WELLS. LAFARGE HAS 569 CONDUCTED BOTH A WATER QUALITY AND A WATER QUANTITY ASSESSMENT FOR THE GROUND 570 WATER. WE DID A 24 (TWENTY-FOUR) HOUR PUMP TEST FOR THE QUANTITY UH, OUT OF BOTH 571 WELLS TO ENSURE THAT WE DID NOT AFFECT THE GROUND WATER LEVELS. UH LAFARGE HAS NOW 572 CONTRACTED WITH THE BASALT WATER CONSERVANCY DISTRICT TO PROVIDE 44 (FORTY-FOUR) 573 ACRE FEET OF WATER FOR THE SITE ANNUALLY. WE DID ESTIMATES WITH APPLEGATE GROUP AND 574 THEY DETERMINED THAT FOR THE WATER USES OF WASHING AGGREGATE MATERIAL USING, 575 PROD...EXCUSE ME, PRODUCTION OF CONCRETE AS WELL AS DUST CONTROL AND POTABLE WATER 576 FOR THE EMPLOYEES UHM; 44 (FORTY-FOUR) ACRE FEET IS WHAT WE UH HAVE DETERMINED WE'LL 577 NEED. UH THERE ARE ALREADY MONITORING WELLS IN PLACE TO ENSURE THAT UH GROUND 578 WATER LEVELS ARE NOT AFFECTED BY THE CERISE MINE AND UH WE'VE BEEN MONITORING THOSE 579 FOR AT LEAST 6 (SIX) MONTHS AT THIS POINT AND EXPECT TO HAVE ALMOST A FULL YEAR OF DATA TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF TI IF CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001 944 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 580 BEFORE WE TURN OVER ANY DIRT EVEN IN PRE -CONSTRUCTION. LAFARGE ALSO HAS SOME WATER 581 CONTROLS IN PLACE FOR STORM WATER AND OTHER UHM. LAFARGE HAS SUBMITTED A DRAINAGE 582 AND EROSION CONTROL PLAN. IT SHOWS THAT ALL STORM WATER'S GOING TO BE ROUTED INTO 583 EITHER THE MINE PIT OR THE TAILINGS POND THAT WE PROPOSE ON SITE. WE'VE ALSO PUT 584 PROTECTIVE SET -BACKS FROM CRYSTAL SPRINGS CREEK AND THE 100 (ONE HUNDRED) YEAR 585 FLOOD PLAIN SO THAT NO RUNOFF WILL BE DIRECTED TO THE CREEK. (CLEARED THROAT) 586 LAFARGE ALSO WILL HAVE TO MEET ALL WATER QUALITY STANDARDS FROM THE UH DEPARTMENT 587 OF PUBLIC HEALTH AND ENVIRONMENT, AND ALL LAFARGE SITES HAVE AN APPROVED SMOKE 588 PREVENTION COUNTY MEASURES AND CONTROL PLAN UHM. BUT THAT PLAN ESSENTIALLY HOLDS 589 US AT; IF THERE IS A SPILL OF ANYTHING ON THE SITE UHM, GENERAL STUFF THAT'S ON THERE IS 590 DIESEL FUEL OR PETROLEUM, A FEW LITTLE THINGS LIKE THAT. THERE'S A PLAN IN PLACE THAT 591 HAS SECONDARY CONTAINMENT AND AS WELL AS UH WHAT HAS BEEN DESCRIBED TO ME AS A HOW 592 TO GUIDE ON HOW TO CLEAN UP THE SPILL AND TAKE CARE OF IT AND REPORT IT. FOR THE AIR 593 QUALITY PORTION, LAFARGE HAS A FUGITIVE DUST CONTROL PLAN. THIS CONTROL PLAN WAS 594 DEVELOPED BY BUYS AND ASSOCIATES AND UH OUR CONSULTANTS HERE, IF THERE ARE FURTHER 595 MORE TECHNICAL QUESTIONS THAT ARE ASKED OF THIS PLAN. UH BUT WE'VE ASSOCIATED OUR 596 BEST MANAGEMENT PRACTICES TO REDUCE DUST AND EMISSIONS OFF OF THE CERISE SITE. THIS 597 INCLUDES FREQUENT WATERING OF ANY EXPOSED ROADWAYS AND SURFACES. WE'RE ALSO 598 PROPOSING TO PAVE UH GOOD DEAL OF THE ROADWAY UP ON, UP ON THE SURFACE AROUND THE 599 PROCESSING PLANT AND THE SCALE HOUSE AND THE READY MIX CONCRETE PLANT. WE'RE ALSO 600 FINDING OR HAVE INSTALLED SPRAY BARS ON ALL OF OUR CONVEYORS AND PROCESSING 601 EQUIPMENT. USUALLY THESE WILL BE PLACED IN ANYWHERE THAT THERE'S A JUNCTION OR A 602 GRAVEL WILL FALL INTO ANOTHER CONVEYOR, OR INTO A HOPPER, OR INTO UH A PIECE OF TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001945 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 603 MACHINERY. WE'LL PUT SPRAY BARS THERE TO REDUCE DUCT UH WHEN THAT HAPPENS. LAFARGE 604 REQUIRES UH USES COVERS ON ALL LOADED TRUCKS. THERE ARE A NUMBER OF STATE 605 REGULATIONS THAT REQUIRE COVERS ON TRUCKS, HAUL TRUCKS LEAVING SITES SO UH LAFARGE 606 ASSURES THAT WE MEET ALL THOSE REQUIREMENTS. LAFARGE I5 ALSO PROPOSING TO USE 607 VEGETATIONS TO STABILIZE SOME OF THE PLANNED UH MATERIALS THAT ARE GOING TO BE ON SITE 608 LONGER THAN 30 (THIRTY) DAYS. UHM THOSE WILL BE THE OVERBURDEN STOCK PILES THAT YOU 609 HAVE SEEN UH THROUGHOUT THE PROCESS OF MINING BEFORE WE CAN PUT THAT MATERIAL BACK 610 INTO RECLAMATION, WE'LL NEED TO STORE IT ON SITE. WHAT WE'RE PROPOSING IS TO PUT 611 VEGETATION ON THERE 5O THAT IT'S NOT UH ANY EXPOSED DIRT. UH LAFARGE IS ALSO UHM 612 LIMITS AND PUTS ...INAUDIBLE... AND SIGNS IN PLACE FOR ANY ON SITE TRAFFIC. THAT INCLUDES 613 3" (THIRD) PARTY HAUL TRUCKS, ANY INTERNAL HAUL TRUCKS THAT ARE LAFARGE AS WELL AS 614 EMPLOYEE TRUCKS. UH LAFARGE HAS SUBMITTED TO THE DEPARTMENT OF PUBLIC HEALTH AND 615 ENVIRONMENT AIR PERMITS FOR ALL THE EQUIPMENT PLANNED TO USE ON CERISE SITE. 616 APPARENTLY, THEY ALL HAVE PORTABLE PLANT EQUIPMENT UHM PERMITS ON SITE. FOR UH, 617 WE'RE REQUIRED TO FILE RELOCATION NOTICES WHEN IT WILL BE MOVED OVER AND THEY'LL BE 618 REVIEWED UNDER THE CURRENT UH DEPARTMENT OF HEALTH REQUIREMENTS THAT ARE IN PLACE 619 AT THIS TIME. UH ALL BACKGROUND AND AMBIENT AIR QUALITY WAS TAKEN INTO ACCOUNT 620 WHEN WE DID THE FUGITIVE DUST CONTROL PLAN. UHM THAT INCLUDED ALL ADJACENT MINING 621 OPERATIONS AND U1I THAT'S HOW WE PRESENTED AND DEVELOPED THE AIR QUALITY STATEMENT. 622 UH A LITTLE ABOUT NOISE; LAFARGE WENT THROUGH THE SAME, SAME PROCESS WITH A 623 CONSULTANT UH REGARDING NOISE. WE USED HANKARD; WE ALSO HAVE THAT CONSULTANT IN 624 THE ROOM IF THERE'S MORE QUESTIONS ON THAT. LAFARGE HAS PROPOSED THAT WE WILL MEET 625 ALL OF THE STATE AND COUNTY NOISE STANDARDS USING THE NOISE MITIGATION TECHNIQUES IN TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THF. CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE. SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001946 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 626 OUR NOISE ANALYSIS. THOSE INCLUDE THE CONSTRUCTION OF 2 (TWO) BERMS ALONG THE NORTH 627 SIDE OF THE PROPERTY, THOSE WILL BE DONE WITH THE INITIAL PHASE OF CONSTRUCTION, WHICH 528 ARE THE 70 (SEVENTY) AND 17 (SEVENTEEN) FOOT BERMS THAT WE TALKED ABOUT EARLY ON. 629 LAFARGE WILL PUT A UH SCREEN OR SILENCER ON THE DUST COLLECTOR FOR THE READY MIX 630 PLANT. BECAUSE OF THE LOCATION OF THE DUST COLLECTOR, IT DOES TEND TO RADIATE A LITTLE 631 'BIT ABOVE THE BERM SO WE'RE PROPOSING TO ENCLOSE THAT TO REDUCE THE NOISE ON THAT. 632 ALL EARTH MOVING EQUIPMENT WILL BE SCHEDULED NOT TO OPERATE WITHIN 40 (FORTY) FEET OF 633 THE PROPERTY BOUNDARY; EXCUSE ME, THE PERMIT BOUNDARY UH FOR MORE THAN 15 (FIFTEEN) 634 MINUTES AN HOUR. IT SEEMS A LITTLE STRANGE; BUT AS WE'VE TALKED ABOUT THERE IS A 635 REGULATION THAT ANY TRANSPORTER OR ANY UH ALONG THE PROPERTY LINES YOU CAN GO 636 ABOVE ALLOWABLE LEVELS FOR NOT MORE THAN 15 (FIFTEEN) MINUTES AN HOUR. UH LAFARGE IS 637 PROPOSING THAT WE WILL NOT DO THAT AND WE'LL REGULATE OUR CYCLING OF EQUIPMENT TO 638 LESS THAN 15 (FIFTEEN) MINUTES PER HOUR TO MAKE SURE THAT WE MEET THAT STANDARD. 639 UHM, ANY ELECTRICAL GENERATORS OR GENSET'S THAT WILL BE ON SITE WILL HAVE COMMERCIAL 640 GRADE SILENCERS UI -I INSTALLED IN THEM. LAFARGE DOESN'T PROPOSE TO USE UH ANY 641 GENERATORS AT THIS TIME. WE'RE HOPING TO PULL LINE POWER; WE'VE TALKED TO HOLY CROSS 642 ENERGY TO DO SO. UHM BUT THERE ARE SITUATIONS THAT THE POWER GOES OUT OR SOMETHING 643 HAPPENS AND WE MAY NEED TO RUN ON GENERATORS. WE'LL ENSURE THAT THERE ARE SILENCERS 644 INSTALLED. AND THEN ALSO LAFARGE COMMITS TO HAVING ALL EQUIPMENT, ALL LAFARGE 645 EQUIPMENT HAVING WHITE NOISE BACK-UP ALARMS. SO INSTEAD OF THE LOUD BEEPING BACK-UP 646 ALARM YOU USUALLY HEAR ON CONSTRUCTION EQUIPMENT AND TRUCKS BACKING, THIS IS UH 647 HARD TO DESCRIBE SOMETIMES. I, IT SOUNDS A LITTLE BIT LIKE A MECHANICAL DUCK CALL UHM 648 WHEN YOU HEAR IT. SO IT'S, IT REDUCES THE WAVE LENGTHS THAT YOU HEAR AND IT DOESN'T UH TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001947 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 649 RESONATE QUITE AS FAR IT'S NOT SORT OF SCREECHING BACK-UP ALARM. UH ALL OF EQUIPMENT 650 OVER AT THE POWERS SITE CURRENTLY HAS THOSE INSTALLED. ALL THAT EQUIPMENT IS 651 PROPOSED TO MOVE ACROSS THE STREET TO CERISE SO UH LAFARGE IS MORE THAN WILLING TO 652 COMMIT TO THAT. UHM JUST AS A QUICK NOTE, THIS CAME UP IN SOME OF THE, SOME OF THE 653 NEIGHBORHOOD COMMENTS THAT THEY MADE. UH ALL OF LAFARGE'S NOISE LEVELS WERE 654 MEASURED UH ON SITE AT THE POWERS SITE AS WELL AS UTILIZE PREVIOUSLY MEASURED DATA 655 FROM OUR CONSULTANT, AS WELL AS COMPARED IT TO THE ROAD CONSTRUCTION NOISE MODEL 656 CREATED AND UTILIZED BY THE FEDERAL HIGHWAY ADMINISTRATION. IT WAS ALSO COMPARED 657 TO OTHER PEER UH, PEER AND PUBLISHED US SOURCES SO UH WE BELIEVE OUR CONSULTANT HAS 658 DONE A GOOD JOB AT HONING IN ON WHAT THESE LEVELS SHOULD BE AND HAS FOLLOWED 659 THROUGH AND MET UH PRETTY MUCH STANDARDS THAT ARE, ARE LIKELY FOR UH THE INDUSTRY. 660 LAFARGE ALSO CREATED A WILDLIFE STUDY; IT WAS CONDUCTED BY FINEFELDER. THAT 661 CONSULTANT IS ALSO IN THE ROOM IF UH MORE TECHNICAL ITEMS COME UP THAT NEED TO BE 662 ADDRESSED. UHM, BASICALLY WE CREATED THIS WILDLIFE STAGE TO ENSURE THAT WILDLIFE ON 663 THE SITE WOULD BE PROTECTED. UH, THEY FOUND THERE ARE NO THREATENED OR ENDANGERED 664 SPECIES ON THE SITE. A SURVEY OF ALL RAPTOR NESTS WAS CONDUCTED AND NONE WERE 665 IDENTIFIED WITHIN A 1/2 (HALF MILE) OF THE SITE. CERISE, CERISE SITE ITSELF HAS UNDERGONE 666 DISTURBANCE FROM AG, AGRICULTURAL ACTIVITIES FOR I BELIEVE OVER 80 (EIGHTY) YEARS AT 667 THIS TIME AND IS NO LONGER RESEMBLES NATIVE HABITATS THAT UH IT ONCE WOULD AT ANY 668 TIME. AND UH JUST THIS QUICK QUOTE OUT OF IT, OUT OF OUR WILDLIFE STUDY; CULTIVATED 669 FIELDS DO NOT PROVIDE POTENTIAL HABITAT FOR ELK, MULE DEER, RED FOXES, COYOTES, OR 670 SKUNKS. UHM, THIS IS A QUICK SCREEN SHOT FROM THE VISUAL MODEL THAT WE DID CREATE FOR 671 THE SITE. TOWARDS THE END OF THIS PRESENTATION WE'LL FLIP INTO THAT AND BE ABLE TO TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001948 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 672 ACTUALLY FLY THROUGH A 360 (THREE HUNDRED AND SIXTY) DEGREE MODEL OF THE SITE. SO WE 673 CAN FLY AROUND, UH PHASE THROUGH EVERYTHING SO THERE'S A GOOD IDEA OF WHAT WILL BE 674 HAPPENING ON THE SITE. UHM WHAT 1 WANTED TO ADDRESS WITH THESE NEXT COUPLE OF SLIDES 675 THAT LAFARGE HAS TAKEN INTO ACCOUNT UHM THE NEIGHBORS, THE IMPACTS AROUND THE AREA 676 FROM THE VISUAL IMPACTS AND UH BASICALLY CREATED THE SITE TO, TO TRY AND IDENTIFY SOME 677 OF THOSE AND WORK TO IMPROVE ANY SCREENING THAT WE CAN PUT UP. As YOU CAN SEE UHM ON 678 THE VERY NORTH SIDE, UHM IT'S KIND OF A GREEN BERM SO IT'S A LITTLE TOUGH TO SEE; BUT 679 THAT'S THE 70 (SEVENTY) FOOT BERM UP ON THE NORTH SIDE OF THE PROPERTY. As WELL AS THE 680 SMALL UH 17 (SEVENTEEN) FOOT BERM JUST ALONG THE SIDE HERE TO KEEP UH SOME OF THE SIGHT 681 SCREEN AS MUCH AS WE COULD. WE'VE ALSO PROPOSED LEAVING THE 80 (EIGHTY) FOOT, 70 682 (SEVENTY) TO 80 (EIGHTY) FOOT TALL BERM ALONG HIGHWAY 82 (EIGHTY-TWO) UP THE ENTIRE 683 LENGTH OF THE PROJECT SO FROM HIGHWAY 82 (EIGHTY-TWO) AND MOST OF THE VALLEY IT'S 684 SCREENED FROM THAT BERM. UHM, HERE YOU CAN ALSO SEE WHERE THE PROPOSED ACCESS POINT 685 IS UH COMING ONTO CRYSTAL SPRINGS ROAD. 1 WANTED TO SHOW THIS NEXT SLIDE TO SHOW 686 THAT AFTER PHASE 2 (TWO), LAFARGE PROPOSES TO MOVE THE ENTIRE AGGREGATE PROCESS IN 687 OPERATION DOWN TO THE FLOOR OF THE PIT. THIS WILL REDUCE SOME OF THE VISUAL IMPACTS 688 CAUSE IT WON'T BE SITTING UP ON THE SURFACE. UHM, WE TRIED TO MINE OUT, TRY AND MINE 689 OUT AS QUICKLY AS WE CAN TO GO TO THE THROUGH PHASE 2 (TWO) TO GET IT DOWN TO THE 690 FLOOR AND REDUCE SOME OF THOSE IMPACTS. UH, THERE HAS BEEN A LARGE DISCUSSION ON THE 691 COMPATIBILITY WITH THE NEIGHBORHOOD AND THE NEIGHBORING MINES IN THE AREA. UHM 692 LAFARGE HAS, IN ALL OF ITS STUDIES TAKEN INTO ACCOUNT ALL THE EXISTING CONDITIONS AS 693 WELL AS PROJECTED OUT IN MANY OF THEIR STUDIES WHAT SOME OF THE PROJECTED LAND USES 694 WILL BE OR COULD BECOME IN THE FUTURE. THE 1ST (FIRST) WOULD START WITH TRAFFIC; THE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001949 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 695 CERISE MINE DOES NOT INCREASE THE NUMBER OF TRUCKS ON HIGHWAY 82 (EIGHTY-TWO). ALL 695 IT DOES IS MOVE THEM FROM THE POWERS SITE OVER TO THE CERISE SITE. WE'RE NOT PROJECTING 697 ANY INCREASE EN PRODUCTION; WE'RE NOT INCREASING UHM OUR TRUCK COUNTS UH IN ANY 698 ESTIMATES AT THIS TIME. LAFARGE IS ALSO PROPOSING ROAD IMPROVEMENT UHM, ROAD 699 IMPROVEMENTS FOR HIGHWAY 82 (EIGHTY-TWO) AND THE COUNTY ROAD TO HELP IMPROVE 700 SAFETY AS WELL AS ACCESS IN AND OUT OF THE SITE. THE AIR QUALITY STUDY SHOWS THAT UHM, 701 USED ALL BACKGROUND AIR QUALITY WHEN EVALUATING EVERYTHING ON THE SITE. LAFARGE IS 702 REQUIRED TO MEET ALL NATIONAL AMBIENT AIR QUALITY STANDARDS AS STATED IN AS MISS 703 ORKILD-LARSON'S PRESENTATION, WE HAVE SUBMITTED AN APPLICATION AND ASKED TO PUT IT 704 ON HOLD AT THIS TIME UNTIL WE KNOW WHAT OUR ENTITLEMENTS ON THE SITE COULD BE. UHM, 705 AND THEN WE'LL FINALIZE THAT PERMIT SO THAT THERE'S NOT 3 (THREE) DIFFERENT VERSIONS OF 706 IT GOING THROUGH. LAFARGE ALSO WILL MAN, WILL APPLY ALL BEST MANAGEMENT PRACTICES 707 AS STATED IN OUR UH AIR EVALUATION. AND THOSE ARE ALSO LISTED AS CONDITIONS OF 708 APPROVAL. IN TERMS OF NOISE, WE'VE TALKED ABOUT THIS A BIT AS WELL; LAFARGE WILL, THE 709 CERISE MINE WILL UTILIZE VEGETATED BERMS AND SET -BACKS TO REDUCE NOISE. UHM, WE ARE 710 ALSO PROPOSING TO RELOCATE THE AGGREGATE PLANT INTO THE FLOOR OF THE SITE AFTER PHASE 711 2 (TWO). THAT WILL HELP REDUCE NOISE AND PUT IT AT THE BOTTOM OF THE PIT. UHM, AND 712 LAFARGE IS ALSO COMMITTED TO ADOPTING ALL BEST MANAGEMENT PRACTICES ON THE SITE TO 713 MINIMIZE NOISE. ALL OF THOSE ARE STATED AS CONDITIONS OF APPROVAL AS WELL. FOR THE 714 WATER IMPACTS; LAFARGE HAS CONDUCTED A GROUND WATER ANALYSIS AND INSTALLED 715 MONITORING WELLS TO ENSURE THAT THE LOCAL WATER SUPPLY IS NOT AFFECTED. WE'VE ALSO 716 CONTRACTED WITH THE BASALT WATER CONSERVANCY DISTRICT TO ENSURE THAT UH AN 717 ADEQUATE WATER SUPPLY HAS BEEN PROVIDED TO THE SITE. THERE ALSO HAVE BEEN SOME TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001950 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 718 DISCUSSIONS ON THE TIMING WITH THE BLUE PIT. THIS, THESE NEXT FEW SLIDES ARE UH 719 ESTIMATES BY LAFARGE UH SHOWING GRAPHICALLY HERE FROM WHAT WE HEARD IN PREVIOUS 720 HEARINGS FOR THE BLUE PIT AS WELL AS OUR PROJECTED TIMING ON OUR PHASES. JUST TO SHOW 721 HOW THE 2 (TWO) MINES, MINES WILL LINE UP TOGETHER OVER TIME. OBVIOUSLY THIS IS THE UH 722 WHAT, BASICALLY WHAT YOU WOULD SEE RIGHT NOW TODAY. As WE MOVE 1N THE POWERS SITE 723 WE'LL BEGIN TO IN THEIR FINAL RECLAMATION LAFARGE WILL OPEN UP PHASE 1 (ONE) OF THEIR 724 MINE. THE BLUE PIT IS STILL EXPECTED TO BE UNDER THEIR CURRENT OPERATION AT THIS TIME. 725 As LAFARGE MOVES INTO PHASE 2 (TWO), THE BLUE PIT MOVES INTO THEIR AREA UH PHASE 2 726 (TWO), THAT'S STILL UNDER THEIR ORIGINAL PERMIT. THAT HAS ALSO SORT OF BEEN RENEWED I 727 GUESS THROUGH THEIR MOST RECENT PERMIT. As LAFARGE MOVES THE AGGREGATE PROCESSING 728 PLANT DOWN TO THE FLOOR AND MINES INTO PHASE 3 (THREE) IS WHEN THE BLUE PIT BEGINS 729 THEIR PHASING INTO THEIR NEXT OPERATIONS. UH, THIS IS THE AREA WHERE THE 2 (TWO) 730 OPERATIONS WILL COME TOGETHER. You CAN SEE IT'S HALF OF THE, HALF OF THE BLUE PIT'S 731 APPROVAL AS WELL AS LAFARGE'S NOW AT THE YOUR SIDE OF THEIR PIT MINING UH I GUESS THEIR 732 CLOSEST PHASE TO THE CERISE FAMILY HOUSES AT THIS TIME. As THE BLUE PIT MOVES BACK TO 733 THEIR UHM AREA 4 (FOUR) PHASE 3 (THREE), LAFARGE IS MINING OUT ITS FINAL PHASE OF THE SITE 734 WHICH IS WHERE THE UH SCALE HOUSE AND READY MIX PLANT IS AND THEN UH IN FINAL 735 DEPARTURE WILL GO INTO THEIR FINAL RECLAMATION AS THE BLUE PIT'S GOING INTO THEIR 4111 736 (FOURTH) PHASE. HERE'S A FEW QUICK PHOTOS THAT I WANTED TO ADD TO SHOW THAT LAFARGE 737 IS COMMITTED TO RECLAMATION. As YOU'LL SEE IN THESE PHOTOS THERE IS WATER IN MOST OF 738 THEM UH I DON'T HAVE ANY GREAT PHOTOS OF ANY DRY PITS BECAUSE IT'S UH ACTUALLY FAIRLY 739 RARE THAT WE'LL MINE ABOVE THE WATER TABLE. USUALLY WE'RE MINING IN UHM 100 (ONE 740 HUNDRED) YEAR FLOOD PLAINS OR VERY CLOSE TO RIVERS AND UH WATER AREAS. UHM, BUT AS TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001951 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 741 YOU'LL SEE LAFARGE IS COMMITTED TO RECLAIMING THE SITE, THE SITE HERE IN WELD COUNTY IS 742 ACTUALLY CURRENTLY BEING TURNED OVER TO THE COLORADO STATE PARKS TO BE PART OF 743 THEIR STATE FRAME, STATE PARK SYSTEM. THIS SITE HERE IS IN ADAMS COUNTY; WE MINED OUT A 744 NUMBER OF THE LAKES YOU SEE THERE IN THE UH TOWARDS THE TOP OF THE PHOTO AS WELL AS UH 745 GOOD DEAL OF THE GOLF COURSE AREA AND TURN THAT OVER TO ADAMS COUNTY PARKS AS PART 746 OF THEIR REGIONAL PARK SYSTEM. OUR FINAL ON THIS IS ACTUALLY A SITE THAT IS ACTUALLY 747 STILL ACTIVELY MINING. THIS IS THE AREA THAT WAS RECLAIMED AS THE MINING WAS 748 OCCURRING. IT'S NOW A WATER RESERVOIR AND UH 1N 2009 (Two THOUSAND NINE) THIS SITE 749 WON AN AWARD FOR, FROM THE DEPARTMENT OF MINING AND RECLAMATION AND SAFETY TO UH 750 FOR RECLAMATION. UH AND NOW I'D LIKE TO SWITCH OVER QUICKLY TO THE UHM TO OUR VISUAL 751 MODEL. SHOW YOU A QUICK FLY THROUGH OF THIS AREA TO GIVE YOU AN IDEA OF WHERE WE'RE 752 AT. CURRENTLY YOU'RE ABOUT 15 (FIFTEEN) TO 2,000 (TWO THOUSAND) FEET ABOVE THE SITE 753 LOOKING DOWN AT HIGHWAY 82 (EIGHTY-TWO). UHM SO WHAT WE WOULD LIKE TO DO IS JUST 754 QUICKLY RUN THROUGH THE PHASES TO SHOW YOU GRAPHICALLY WHAT WE'VE PUT TOGETHER ON 755 THIS SLIDE AND THEN WE CAN MOVE IN AND OUT THROUGH THE WOODEN DEER SUBDIVISION OR 756 ALONG SOME OF THE ROADWAYS SO YOU CAN SEE UHM OUR ESTIMATES OF THE VISUAL. UH 757 VISUALLY WHAT THE CYCLE LOOKS LIKE OVER TIME. HERE'S A PHASE I (ONE), AS WE MINE OUT 758 OUR VERY 1 ST (FIRST) PHASE WE GET THE CREATION OF THE TAILINGS POND. UH, A LITTLE BIT 759 ABOUT THE TAILINGS POND; WHAT THAT'S CREATED FOR IS WHEN YOU WASH THE MATERIAL, UHM 760 SOME FINE MATERIAL AND DIRT AND CLAY MAY COME OFF OF SOME OF THE ROCK. WE WILL WASH 761 ALL THAT INTO THAT POND AND LET THAT SETTLE OUT AND THEN WE'LL ACTUALLY PUMP OFF OF 762 THE TOP OF THAT TO RECYCLE THE WATER BACK IN OUR PROCESS. SO AS THE MINE GOES THROUGH 763 THAT WILL SLOWLY START TO FILL UP; THERE WILL BE A WATER SURFACE ON IT ALMOST THE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001952 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 764 ENTIRE TIME OF THE, TIME OF THE SITE AND AT THE END WE'RE PROPOSING TO PUT A CAP OF 765 OVERBURDEN ON THAT AND UH PUT VEGETATION ON TOP OF THE UH SIDE OF THE NEXT PHASE. 766 You CAN SEE PHASE 2 (TWO) UH MINES DOWN TO THE FLOOR OF THE PIT. AS WE MOVE INTO THE 767 NEXT PHASE HERE YOU SEE SOME OF THE ONGOING RECLAMATION START TO BEGIN ON SOME OF 768 THE SLOPES UHM AS WELL AS MOVING THE PLANT INTO THE FLOOR AND MINE IT OUT UNDER THE 769 PLANT AREA. YOU THEN MOVE UP INTO THE NEXT PHASE SO YOU SEE SOME MORE RECLAMATION, 770 SEE SOME OF THE RECLAMATION COMING UP JUST ALONG THE EAST SLOPE. THE EAST SLOPE IS 771 HERE UHM AND, AND SOME OF THE ONGOING RECLAMATION BEING ABLE TO PUT INTO IT. As WE 772 START MOVING NORTH, THIS IS THE FURTHEST NORTH EXTENT THAT THIS SITE WILL BE, SITE WILL 773 BE MINED TO. AND AS WE MOVE TO THE FINAL PHASE UHM, YOU SEE WE'VE MOVED OUT UNDER 774 THE SCALE HOUSE IN THAT AREA AND THEN GONE INTO FINAL RECLAMATION. UHM I GUESS I'D 775 LIKE TO ASK IF THERE'S ANY SPECIFIC AREAS THAT YOU WOULD LIKE US TO FLY TO OR WE CAN JUST 776 DO KIND OF A QUICK RUN THROUGH DOWN OFF OF THE HIGHWAY AND THEN MOVE A BIT UP INTO 777 THE WOODEN DEER SUBDIVISION TO SHOW A FEW OF THE DIFFERENT ANGLES. UH TO SEE SOME OF 778 THE PHASING. 779 CHAIRMAN MARTIN - GENTLEMEN ANY QUESTIONS AT THIS TIME? 780 COMMISSIONER'S SAMSON ANI) JANKOVSKY - NONE 781 CHAIRMAN MARTIN -- ALRIGHT. 782 SEAN FRISCH - FLYING THERE REAL QUICK AND THEN UH, UHM SO 783 FLYING WE'LL GO A LITTLE BIT FASTER THAN'S PROBABLY THE SPEED LIMIT ALLOWS; BUT UH JUST 784 FOR KIND OF BREVITY. SO WHAT WE'LL START IS THE VERY FURTHEST END OF THE BLUE PIT HERE 785 UHM AND WHAT YOU'LL SEE COMING UP INTO THE SITE. WE'LL START IT ON PHASE 1 (ONE). TRANSCRIPT CONSIDER A REQUEST FOR A LANG USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF TELE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001953 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 786 CHASE MULLEN - I'LL TRY NOT TO MAKE ANY MISTAKE. 787 SEAN FRISCH -- WE'LL FLY UP AND YOU CAN SEE ESSENTIALLY 788 WHAT YOU'RE LOOKING AT AS PAGE ONE (1) CURRENTLY. You CAN SEE A LITTLE BIT OF THE 789 PRODUCT STOCKPILE, YOU CAN ALSO SEE THE EYE ELEVATION THERE THAT WE'RE FLYING IN JUST 790 AROUND 6 (SIX) FEET OFF THE GROUND. THIS PROPOSED BERM IS TO STAY IN PLACE, AND HERE I'LL 791 SPEED UP THE DRIVING A BIT JUST TO GET US MOVING. UHM 792 CHAIRMAN MARTIN - DON'T WATCH MR. SAMSON. 793 COMMISSIONER SAMSON - I'M OKAY SO FAR. 794 CHAIRMAN MARTIN - DON'T BACK UP WHATEVER YOU DO. 795 COMMISSIONER SAMSON - DON'T BACK UP. 796 SEAN FRISCH - WE GOING TO WAIT, THERE'S AN ALARM ON HERE 797 SO BE QUIET. As YOU CAN SEE THAT A LOT OF THE UH UP ON THE TREES WILL REMAIN IN PLACE, WE 798 DON'T PROPOSE TO DISTURB ANY OF THE RIPARIAN HABITAT OR CREEK HABITAT, UHM LAFARGE IS 799 SET; SOME OF THE AREA YOU CAN SEE THERE UH QUICKLY WOULD BE JUST THE PRODUCT 800 STOCKPILES BEFORE WE CAN PROCESS IT ALL THROUGH. AND THEN WE'LL HEAD UP THE 801 ROADWAY; THIS IS WHERE SOME OF THE IMPROVEMENTS WOULD BE MADE FOR THIS TURNING 802 RADIUS AND UH AS YOU CAN SEE WE TRY TO MATCH SOME OF THESE TREES TO THE AERIAL PHOTOS 803 AND, AND SOME SITE VISITS THAT WE DID TO TRY AND GET SOME ACCURACY. I'M NOT ENSURING 804 THAT THESE ARE THE EXACT TREES THAT YOU SEE ON SITE AT THIS TIME; BUT UH WE TRIED TO GET 805 SOME, SOME LEVELS OF UH ACCURACY ON HERE, COMING UP HERE ON THIS SLIGHT BEND IS WHERE 806 YOU'LL SEE THE ACCESS INTO THE CERISE SITE. UHM AS YOU CAN SEE THAT'S THE BERM THAT'S TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF TFIE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001954 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 807 PROPOSED, THE 17 (SEVENTEEN) FOOT BERM THERE ON THE RIGHT HAND SIDE AND ON THE LEFT 808 HAND SIDE YOU'LL SEE THE TALLER BERM PROPOSED ON THE NORTH SIDE OF THE SITE. THIS IS 809 WHAT YOU WOULD SEE OFF OF THE COUNTY ROAD. You CAN SEE INTO THE PROCESSING PLANT; 810 WE TRIED TO DO WHAT WE COULD WITH STREAM BERMS TO REDUCE SOME OF THE UH, REDUCE 811 SOME OF THE VISUAL IMPACTS. As YOU CAN SEE AS WE MOVE 1N THIS WOULD BE PHASE 2 (TWO) 812 HERE. UH WHEN THE PLANT IS MOVED DOWN INTO THE FLOOR OF THE PIT, THE ONLY THING YOU 813 MAY SEE OUT THERE WOULD BE THE SCALE HOUSE AND SOME SMALL UH OUT PROCESSING OUT 814 BUILDINGS THERE. UHM, AS WE MOVE UP THE ROADWAY YOU CAN SEE THE BERM, THE 70 815 (SEVENTY) FOOT BERM. AND THEN, 1 THINK WE COULD TURN AND FLY UP TOWARDS WOODEN 816 DEER WOULD BE THE QUICKEST WAY. SO WE'LL FLY UP INTO THE WOODEN DEER SUBDIVISION 817 AND LOOK DOWN AND GIVE YOU A FEW ANGLES FROM THERE. WE'D ALSO PROVIDE SOME SPRAIN 818 SHOOTS IN THE APPLICATION OF THIS. 819 CHASE MULLEN - START ON THE HOUSE WITH... INAUDIBLE...THE 820 WHITE HOUSE AND THEN GO UP? 821 SEAN FRISCH - WHAT WE'LL DO IS TRY AND FLY AROUND 20 822 (TWENTY) FEET OFF THE GROUND. WE, A VERY TALL 2ND (SECOND) STORY DECK 1 GUESS. UHM, AS 823 YOU CAN SEE THIS WOULD BE PHASE 2 (TWO) OR PHASE 3 (THREE) AS THE EVERYTHING HAS MOVED 824 INTO THE FLOOR OF THE PIT. WE'LL CYCLE THROUGH THE PHASES QUICKLY SO YOU CAN SEE IN A 825 GOOD DEPICTION OF HOW THE SITE WOULD SHOW. HERE'S A FINAL RECLAMATION ON SITE AND 826 WE'LL SHOW PHASE 1 (ONE) REALLY QUICK AS WELL. THERE'S PHASE 1 (ONE) UHM, THE MOST 827 IMPACT WOULD BE WHEN WE VERY 1ST (FIRST) MINE AND IIAVE TO GET THAT 1ST (FIRST) STOCKPILE 828 UP AND UH PROCESSED. AS YOU FLY UP THE HILL UH OBVIOUSLY THE ANGLE OF SIGHT WILL TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001955 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 829 CHANGE A LITTLE BIT AND YOU'LL BE ABLE TO LOOK DOWN THE SIDE A LITTLE BIT MORE. SO 830 HERE'S 1 (ONE) OF THE HOMES ON THE VERY TOP OF THE HILL LOOKING DOWN. AND WE'LL RUN 831 THROUGH THE PHASES AGAIN; PHASE 1 (ONE) UHM, PHASE 2 (TWO) AS WE MOVE INTO THE FLOOR, 832 PHASE 3 (THREE) IS WHEN THE PLANT SITE WOULD MOVE DOWN AND THEN WE JUST START MOVING 833 NORTH ALONG THE AREA HERE. THERE'S, CLICK BACK TO THE PRESENTATION 1 JUST WANT TO 834 MAKE SURE THERE'S NO QUESTIONS OR AREAS YOU'D LIKE TO SEE FROM HERE. WE CAN ALWAYS 835 SCROLL BACK TO THIS IF WE NEED TO. OKAY, WE'LL MOVE BACK TO THE POWER POINT REAL 836 QUICK. OKAY, UHM AND THEN TO CLOSE UP THE PRESENTATION 1 JUST WANTED TO HIGHLIGHT 837 SOME OF THE PROJECT BENEFITS THAT LAFARGE HAS FOUND UH IN THIS AREA AND, AND WHAT WE 838 THINK WOULD HELP BENEFIT GARFIELD COUNTY AS A WHOLE. UHM OBVIOUSLY THE 1ST (FIRST) 1 839 (ONE) IS TO PROMOTE LOCALS UH, A LOCAL SUSTAINABLE SUPPLY OF CONSTRUCTION MATERIALS. 840 THIS WILL KEEP THE MATERIALS IN THE MARKET WHERE THEY'RE USED. AND LAFARGE ALWAYS 841 LIKES TO DO THAT AND BE AS CLOSE TO THE MARKET AS THEY CAN. UHM WE'RE ALSO PROPOSING 842 TO PUT SOME ROADWAY SAFETY IMPROVEMENTS IN, THE ACCELERATION AND DECELERATION 843 LANES AS WELL AS IMPROVING SOME TURN RADIUS'S, UH SHOULD HELP THE TRAFFIC SITUATION AT 844 THE INTERSECTION OF HIGHWAY 82 (EIGHTY-TWO) AND COUNTY ROAD 103 (ONE HUNDRED 845 THREE). WE ALSO UHM, LAFARGE ALSO FINDS IT IMPORTANT TO UTILIZE NATURAL RESOURCES 846 FOUND IN GARFIELD COUNTY PRIOR TO DEVELOPMENT. UH IN SPEAKING WITH STAFF AND THE 847 COUNTY ATTORNEY WE HAVE, WE UNDERSTAND THAT THE STATE REQUIREMENT DOESN'T , 848 DOESN'T APPLY IN THIS SITUATION; BUT WE ALSO FIND IT IMPORTANT UH THAT SOMETHING LIKE 849 THAT GOES INTO PLACE ONCE THOSE ARE BUILD ON TOP OF IT IT'S VERY HARD TO GET TO THEM AND 850 UHM IN MANY CASES ALMOST IMPOSSIBLE TO GET THEM AFTER, AFTER HOUSE OR ANY 851 DEVELOPMENT HAS OCCURRED ON TOP OF THOSE RESOURCES. UHM, LAFARGE IS ALSO PROPOSING TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANO-I, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48-ACRES OF A 97.81-ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001956 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 852 A RECLAMATION PLAN THAT UH PROTECTS AND PROMOTES THE NATURAL ENVIRONMENT. WE'VE 853 UH WORKED VERY CLOSELY WITH THE CERISE FAMILY TO PUT, PUT TOGETHER A RECLAMATION 854 PLAN THAT THEY ARE HAPPY WITH AND WHAT THEY WANT TO SEE IN THE FUTURE ONCE MINING IS 855 COMPLETED. WHICH INCLUDES PASTURE LAND AND SOME UPLAND VEGETATION AS WELL AS THE 856 INCLUSION OF SOME TREES AND UH SOME NATURAL HABITATS. LAFARGE ALSO UH IS HOPING TO 857 MAINTAIN 45 (FORTY-FIVE) LOCAL JOBS IN GARFIELD COUNTY AND LAFARGE ALSO CONDUCTED 858 AN ECONOMIC SURVEY THAT WAS UH SUBMITTED TO STAFF AND IS EN YOUR STAFF PACKETS THAT 859 SIIOWS THAT THE SITE PROVIDES UH, ANNUALLY PROVIDES 4.7 (FOUR POINT SEVEN) MILLION 860 DOLLARS TO THE LOCAL ECONOMY THROUGH SALARY, TAXES, AND SALES UHM IN THE SITE. THE 861 STUDY WAS DONE BY A 3RD (THIRD) PARTY. LAFARGE SUBMITTED OUR PRODUCTION NUMBERS AND 862 OUR SALARY NUMBERS TO THEM. UHM, IT WAS DONE BY 2 (TWO) PHD DOCTORS AT TRINITY 863 UNIVERSITY IN, IN SAN ANTONIO, TEXAS. SO THEY COME THROUGH AND UHM DO THIS 864 TEIROUGHOUT THE COUNTRY EVALUATING AND, AND APPLYING ECONOMIC MODELS TO BRING 865 TOGETHER AND SHOW WHAT KIND OF REVENUE THIS ACTUALLY CAN PROVIDE FOR, FOR A COUNTY. 866 (COUGH) AND IN CLOSING UHM STAFF HAS FOUND, OR AND RECOMMENDED APPROVAL WITH 867 CONDITIONS. STAFF HAS ALSO FOUND THAT THE CERISE APPLICATION IS IN COMPLIANCE WITH THE 868 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008 (TWO THOUSAND EIGHT) AS WELL AS 869 IN COMPLIANCE WITH THE GARFIELD COUNTY COMPREHENSIVE PLAN OF 2000 (TWO THOUSAND). 870 LAFARGE AGREES TO ALL 37 (THIRTY-SEVEN) WHICH IS NOW 36 (THIRTY-SIX) CAUSE THERE WAS A 871 DUPLICATE UH CONDITIONS OF APPROVAL MADE BY STAFF. AND LAFARGE WOULD ALSO LIKE TO 872 STRESS THAT WE DID GET A 6 (SIX) TO ZERO (0) VOTE TO RECOMMEND APPROVAL BY THE PLANNING 873 COMMISSION. UH I THINK SHOWS THE QUALITY OF THE APPLICATION THAT WE'VE SUBMITTED. UH 874 I'D LIKE TO THANK EVERYONE FOR THEIR TIME, AGAIN THANK STAFF FOR ALL THE WORK THAT TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001957 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 875 THEY'VE DONE WITH US. UHM, AND LAFARGE WOULD LIKE TO NOW REQUEST APPROVAL OF THIS 876 APPLICATION FOR. THE CERISE SAND AND GRAVEL MINE. UH AND THAT CONCLUDES MY 877 PRESENTATION. 878 CHAIRMAN MARTIN - GENTLEMEN ARE THERE ANY QUESTIONS 879 THAT YOU WOULD LIKE THE APPLICANT TO ANSWER AT THIS TIME. 880 COMMISSIONER JANKOVSKY - NOT AT THIS TIME. 881 CHAIRMAN MARTIN - WE'LL TAKE ABOUT A 5 (FIVE) MINUTE 882 BREAK AT WHICH TIME WE'LL COME BACK, WE'LL START WITH THE PUBLIC TESTIMONY. UNLESS 883 THERE ARE QUESTIONS FROM THE BOARD FOR STAFF OR TO THE APPLICANT. OKAY, THANK YOU. 884 CHAIRMAN MARTIN - DIDN'T GET TO SWEAR IN; I'M GONNA DO IT 885 AGAIN. ALL THOSE THAT WISH TO TESTIFY IN THIS MATTER PLEASE RAISE YOUR RIGHT HAND. 886 EVERYBODY'S THERE. DO YOU PROMISE TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING 887 BUT THE TRUTH? 888 889 THE AUDIENCE ANSWERED I DO. CHAIRMAN MARTIN - THANK YOU. AGAIN THE GROUND RULES 890 ARE; THAT YOU WILL BE HANDED A MICROPHONE, WE NEED YOU TO STATE YOUR NAME AND THEN 891 YOUR TESTIMONY. THEN PASS IT ON TO THE NEIGHBOR WITHOUT TURNING IT OFF, DON'T PLAY 892 WITH IT AND TRY AND KEEP IT IN FRONT OF YOU. BE RESPECTFUL, BE TO THE POINT AND IF YOU 893 ARE REITERATING SOMEONE ELSE'S POINT OF VIEW PLEASE SAY SO AND THEN WE'LL GO FROM 894 THERE. ALRIGHT, MOLLY YOU'RE IN CONTROL OF THE MICROPHONE. TRANSCR IPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001958 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 895 MOLLY ORKILD-LARSON — I'VE ALREADY HANDED OFF TO.... 896 CHAIRMAN MARTIN — WE HAVE A LIST RIGHT HERE. ANYONE 897 THAT DID NOT PUT THEIR NAME DOWN ON THIS LIST; WE WILL ALLOW YOU TO PUT YOUR NAME 898 DOWN; WE'RE NOT GOING TO PENALIZE YOU. IF YOU WISH TO AGAIN HAVE FURTHER TESTIMONY; 899 WAIT TILL THE LIST IS COMPLETED AND GO BACK FOR A SECOND CHANCE TO TRY AND LIMIT AS 900 MUCH AS POSSIBLE. SO, 1 ST (FIRST) PERSON. 901 JEAN ALBERICO — DAVID MYLER. 902 CHAIRMAN MARTIN — DAVID. You HAVE THE MICROPHONE? 903 DAVID MYLER —100. 904 CHAIRMAN MARTIN — ALRIGHT YOU'VE GOT TO HOLD ON TO IT 905 AND YOU GOTTA BE LIKE VANNA WHITE, HOLD ON TO IT AND SPEAK INTO THE MIKE. IF YOU PUT IT 906 ON THERE I DON'T KNOW IF WE GONNA PICK YOU UP. 907 908 909 910 911 912 DAVID MYLER — ARE YOU PICKING IT UP HERE? JEAN ALBERICO — NO. CHAIRMAN MARTIN — IS IT TURNED OFF? DAVID MYLER— WELL THAT COULD BE THE ISSUE. HOW'S THAT? CHAIRMAN MARTIN — RIGHT THERE, THERE YOU GO. DAVID MYLER — OKAY. I'VE GOT A SORE BACK SO I CAN'T DANCE. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE srrE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001959 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 913 CHAIRMAN MARTIN - IF YOU WANT TO SIT, YOU MAY SIT AS LONG 914 AS YOU HOLD ONTO THE MICROPHONE AND TALK. 915 916 917 DAVID MYLER- I'M FINE. CHAIRMAN MARTIN - ALRIGHT DAVID MYLER - THANK YOU VERY MUCH COMMISSIONERS. IT'S 918 GOOD TO BE HERE TALKING TO YOU ABOUT THIS PROJECT AND I'D LIKE TO THANK SEAN AND HIS 919 TEAM FOR A VERY PROFESSIONAL PRESENTATION. IT TS ALWAYS HELPFUL I THINK TO ALL OF US TO 920 GET ALL OF THE FACTS ON THE TABLE AND IN THE MANNER IN WHICH IT WAS DONE BY THE 921 LAFARGE TEAM. UH I'M HERE TO DISCUSS THE REASONS WHY WE BELIEVE THIS PROJECT SHOULD 922 BE DENIED. AND BY WE I MEAN THE CRYSTAL SPRINGS COALITION WHICH IS A LOOSE GROUP OF 923 PROPERTY OWNERS AND RESIDENT S PRIMARILY IN THE MISSOURI HEIGHTS ARE INCLUDING THE 924 RESIDENT OF THE WOODEN DEER AND RIMLEDGE SUBDIVISION WHICH ARE ADJACENT TO THIS 925 PROJECT. I'M GOING TO TALK ABOUT 2 (TWO) OF THE, WHAT WE THINK ARE THE KEY REASONS 926 WHY THE PROJECT SHOULD BE DENIED. UHM WE HAVE A NUMBER OF OTHER SPEAKERS WHO ARE 927 GONNA ADDRESS SEPARATE ISSUES. AND OUT OF DEFERENCE TO YOUR TIME AND UH FOR THE SAKE 928 OF PRESENTING THE BEST ARGUMENT WE CAN, WE HAVE DIVIDED THE SUBJECT UP. SO HOPEFULLY 929 WE WILL AVOID TOO MUCH REPETITION. BUT I'M GONNA TALK ABOUT FIRST OF ALL THE FAILURE 930 OF THE APPLICANT TO SATISFY A NUMBER OF THE PREREQUISITES FOR APPROVAL THAT ARE SET 931 FORTH IN THE CODE AND PROBABLY MORE IMPORTANTLY, AT LEAST FROM THE STANDPOINT OF THE 932 COALITION AND THE NEIGHBORS OF THE PROJECT. THE FACT THAT THE CERISE MINE IS SIMPLY 933 NOT COMPATIBLE WITH A RESIDENTIAL NEIGHBORHOOD AND THAT INCOMPATIBILITY CANNOT BE 934 CURED BY THE MITIGATION MEASURES THAT HAVE BEEN PROPOSED. FIRST OF ALL WITH RESPECT TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001960 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 935 TO THE CODE REQUIREMENTS; THE CODE REQUIRES THAT AN APPLICANT DEMONSTRATE THAT THEY 936 CAN SATISFY AIR QUALITY STANDARDS. AND WE'RE TALKING ABOUT FEDERAL STANDARDS, 937 NATIONAL AIR QUALITY STANDARDS ACT, OR YEAH STANDARDS ACT, AND THE UH STATUTORY 938 REQUIREMENTS WHICH ARE ALSO BASED ON EMISSIONS OF PARTICULAR MATTER AND THE COUNTY 939 REQUIREMENTS, WHICH SAY QUITE CLEARLY THAT EMISSIONS SHOULD NOT LEAVE A PROJECT SITE. 940 WHAT THE APPLICANT HAS DONE IS TO PRESENT WHAT SEEMS TO BE A FAIRLY GENERIC FUGITIVE 941 DUST CONTROL PLAN AND HAVE ARTICULATED BEST MANAGEMENT PRACTICES AS THE RELATE TO 942 THE CONTROL OF DUST. BUT THEY DON'T DEMONSTRATE WHETHER OR NOT THOSE PRACTICES ARE 943 GONNA WORK. AND I THINK YOUR REGULATIONS REQUIRE SOME SORT OF ANALYSIS, SOME 944 TESTING, SOME MODELING, SOME WAY FOR US TO JUDGE WHETHER OR NOT WHAT THEY ARE 945 PROPOSING IS ACTUALLY GOING TO CONTROL DUST TO THE LEVEL THAT IT'S, IT'S REQUIRED BY 946 LAW. AND THIS IS PARTICULARLY IMPORTANT WHEN YOU HAVE THE TESTIMONIALS OF THE 947 NEIGHBORS UH FROM YEAR'S WORTH OF EXPERIENCE LIVING WITH BOTH THE POWERS PIT AND THE 948 BLUE NT, WHICH DESCRIBE HOUSES FULL OF DUST AND UHM FILTERS ON DUST CONTROL DEVICES 949 BEING CHANGED ON A DAILY BASIS AND UNFORTUNATELY SOME FAIRLY SERIOUS HEALTH ISSUES 950 THAT YOUR GONNA HEAR MORE ABOUT TODAY CONTRASTING WHAT IS ACTUALLY OCCURRING ON 951 THE GROUND WITH THE LACK OF ANY SORT OF DEMONSTRATION, WHICH IS REQUIRED BY YOUR 952 CODE THAT THIS PROJECT WILL SATISFY THE AIR QUALITY STANDARDS IS SIMPLY INADEQUATE. 953 WHAT THE APPLICANT HAS DONE IS THEY HAVE HAD THEIR CONSULTANT ESSENTIALLY UHM 954 DESCRIBE THAT THEY'RE GOING TO CONTROL THE DUST AT CERISE IN THE SAME MANNER AS THEY 955 HAVE AT POWERS. THE DUST CONTROL, FUGITIVE DUST CONTROL AND THE BEST PRACTICES WILL 956 BE THE SAME. GIVEN THE TESTIMONIALS, WE DON'T THINK IT'S WORKING. WE DON'T THINK IT 957 EVER HAS WORKED. THE UHM, WE THINK, I'M SORRY I LOST MY TRAIN OF THOUGHT. BUT WE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 -001961 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 958 THINK THAT THERE NEEDS TO BE MORE; YOUR CODE DOES REQUIRE DEMONSTRATION AND SIMPLY 959 SAYING THAT WE'VE BEEN OPERATING UHM, THE UH POWERS P11' FOR A NUMBER OF YEARS WITH A 960 DUST CONTROL PLAN AND HAVEN'T GOTTEN ANY VIOLATIONS; I DON'T THINK IS A 961 DEMONSTRATION OF ANYTHING. IT'S SORT OF LIKE ME SAYING IF I'M DRIVING DOWN HIGHWAY 82 962 (EIGHTY-TWO) AT A 100 (ONE HUNDRED) MILE AN HOUR AND 1 DON'T GET A TICKET; I'M NOT 963 SPEEDING. I THINK YOUR CODE REQUIRES MORE. THE CODE ALSO MAKES IT VERY CLEAR THAT NO 964 APPLICATION LIKE THIS CAN BE APPROVED WITHOUT THE REQUIRED STATE AIR QUALITY PERMITS. 965 AND THE APPLICANT HAS ACKNOWLEDGED AND WE AGREE; THEY DON'T HAVE ALL TIIE PERMITS 966 THAT THEY NEED. THE EQUIPMENT THAT THEY PLAN TO USE AT THE CERISE SITE IS PERMITTED BUT 967 IT'S PERMITTED FOR OTHER LOCATIONS. IT'S SCATTERED AROUND THE STATE AND THE COUNTY. 968 IN ORDER TO MOVE THAT EQUIPMENT TO THE CERISE SITE AND PUT IT INTO USE THEY DO NEED TO 969 GO THROUGH ANOTHER PROCESS WITH THE STATE. WE BELIEVE THAT YOUR CODE REQUIRES THAT 970 THEY OBTAIN THAT PERMIT BEFORE AN APPROVAL OF THIS MAJOR PERMIT APPLICATION CAN BE 971 GRANTED. AND THERE'S A VERY GOOD REASON FOR THAT. THE PROCESS OF OBTAINING THE NEXT 972 LEVEL OF PERMITS FROM THE STATE IS GONNA REQUIRE AIR QUALITY MODELING, WHICH ALLOWS 973 US TO THEN LOOK AT WHETHER OR NOT THEY CAN DEMONSTRATE THEIR ABILITY TO SATISFY THE 974 AIR QUALITY STANDARDS. THAT IS INFORMATION THAT WE THINK WOULD BE VITAL TO YOUR 975 REVIEW OF THIS PARTICULAR LAND USE APPLICATION. ALSO THE STATE IS GONNA DETERMINE 976 WHAT THE PRODUCTION LEVELS ARE BASED ON THAT MODELING. THOSE PRODUCTION LEVELS ARE 977 GONNA COME INTO PLAY IN DETERMINING HOW LONG THIS PIT IS GONNA CONTINUE TO OPERATE 978 WHICH AFFECTS A LOT OF THE IMPACTS THAT THEY ARE TRYING TO MITIGATE. THE CODE ALSO 979 REQUIRES THE APPLICANT TO DEMONSTRATE THAT THEY CAN SATISFY THE NOISE STANDARDS. 980 Now THE APPLICANT HAS SUBMITTED ITS NOISE REPORT, WE'VE SUBMITTED OUR NOISE REPORT TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001962 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 981 AND THEY'RE SIGNIFICANTLY DIFFERENT. EVEN THE APPLICANTS OWN REPORTS SHOWS THAT 982 THEY CAN'T SATISFY THE MINIMUM OR MAXIMUM NOISE LEVELS TO THE WEST AND TO THE 983 NORTHWEST OF THE PROJECT SITE. THOSE NOISE LEVELS ARE 55 (FIFTY-FIVE) DECIBELS AND IF 984 YOU LOOK AT THEIR REPORT THEY EXCEED 55 (FIFTY-FIVE) DECIBELS. WE DID ASK THE APPLICANT 985 FOR THE ASSUMPTIONS THAT THEY RELIED UPON AND USED IN PRODUCING THEIR NOISE REPORT 986 AND THEY INDICATED THEY COULDN'T PROVIDE THEM TO US BECAUSE THEY WERE UH 987 CONFIDENTIAL. SO WE HAD TO USE INDUSTRY STANDARDS IN OUR NOISE REPORT FOR THE SAME 988 TYPE OF EQUIPMENT. NEVERTHELESS WE PRODUCED A STUDY THAT SHOWS THAT THE NOISE 989 LEVELS TO THE NORTH AND WEST WILL BE SUBSTANTIALLY GREATER THAN WHAT THE APPLICANT 990 1S PROJECTING AND SUBSTANTIALLY GREATER THAN WHAT THE STATE STATUTE DEFINES AS 991 NUISANCE NOISE. WE DON'T BELIEVE THE APPLICANT HAS DEMONSTRATED THEIR ABILITY TO 992 SATISFY THE NOISE STANDARD WHICH IS ANOTHER REASON FOR DENIAL. FINALLY, WHEN IT COMES 993 TO WILDLIFE THE CODE REQUIRES A PLAN TO MITIGATE IMPACTS ON, IN THIS CASE THE EAGLE 994 HABITAT THAT HAS BEEN IDENTIFIED IN THIS AREA, THERE IS NO PLAN BECAUSE THE APPLICANT'S 995 UH REPORTS INDICATE THAT THERE IS NO HABITAT UHM FOR ENDANGERED, NOT ENDANGERED, 996 WELL FOR THREATENED SPECIES. Ti IL' BALD EAGLES WERE REMOVED FROM THE UH ENDANGERED 997 LIST QUITE SOME TIME AGO; BUT THEY CONTINUE TO BE CONSIDERED THREATENED BY THE STATE 998 OF COLORADO. THE OPINIONS THAT WE HAVE SUBMITTED WITH THE LETTER THAT WAS HANDED 999 OUT TODAY FROM DEE MORE AND UH JOHN EMERiICK WHO IS A PROFESSOR AT THE SCHOOL OF 1000 MINES AND MARY HARRIS FROM THE AUDUBON SOCIETY CONCLUDE WITH THE CERISE GRAVEL 1001 MINE WILL IRREVOCABLY ALTER AND DISTURB BALD EAGLE AND GOLDEN EAGLE HABITAT 1002 RESULTING IN HARM TO THEIR SURVIVABILITY. SO AGAIN, THERE IS NO PLAN SUBMITTED BY THE 1003 APPLICANT TO MITIGATE THE IMPACTS AND MAYBE THERE IS A GOOD REASON FOR THAT BECAUSE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001963 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1004 I'M NOT SURE THAT YOU COULD MITIGATE THE IMPACTS. I THINK THE BALD EAGLES ARE SIMPLY 1005 OUT OF LUCK WHEN IT COMES TO THIS PARTICULAR AREA OF HABITAT THAT THEY USE ON A 1005 REGULAR BASIS. Now IF THE APPLICANT CAN SATISFY THESE PARTICULAR ITEMS THAT ['VE 1007 IDENTIFIED; PROBABLY THE MOST IMPORTANT ITEM OR THE MOST IMPORTANT ISSUE FOR THE 1008 NEIGHBORHOOD IS THE ONE OF COMPATIBILITY. TIIE COUNTY HAS A COMPATIBILITY REGULATION 1009 THAT SEEMS TO BE DESIGNED FOR JUST THE SITUATION LIKE THIS. WHERE YOU HAVE A PROJECT, 1010 WHICH WOULD OTHERWISE BE APPROVAL; LET'S ASSUME FOR THE MOMENT THEY CAN SATISFY 1011 THE, THE REQUIREMENTS THAT I JUST MENTIONED RELATING TO NOISE, AND AIR, AND WILDLIFE. 1012 YOU'VE GOT A PROJECT THAT'S APPROVABLE BUT IT MAY NOT BE COMPATIBLE FOR A VARIETY OF 1013 REASONS. INCOMPATIBILITY CAN BE SOLVED OR CURED UNDER YOUR REGULATION BY ADEQUATE 1014 MITIGATION. THE APPLICANT BELIEVES THEY CAN ADEQUATELY MITIGATE. WE DON'T THINK 1015 THEY CAN COME CLOSE. AND LET ME BACKUP A MINUTE. I WOULD HAVE TO SAY THAT, THAT 1016 LAFARGE HAS COME UP WITH A GOOD PLAN TO MINE GRAVEL. IT'S A PROFESSIONAL PLAN, IT'S 1017 WELL THOUGHT OUT, IT'S WELL CONCEIVED, IT'S GOT ALL THE BELLS AND WHISTLES THAT YOU 1018 WOULD EXPECT. THE PROBLEM IS IT'S IN THE WRONG LOCATION. IT CANNOT BE MADE 1019 COMPATIBLE WITH A RESIDENTIAL NEIGHBORHOOD. IT'S NOT A BAD PLAN; IT'S IN THE WRONG 1020 SPOT. I'D LIKE TO REAM THE COMPATIBILITY PROVISIONS. AND THESE ARE COMPATIBILITY 1021 PROVISIONS THAT APPLY SPECIFICALLY TO MINERAL OPERATIONS. ANY PROPOSAL REGARDING 1022 MINERAL EXTRACTION IT CANNOT MITIGATE ADVERSE IMPACTS, MAYBE DENIED BASED UPON A 1023 FINDING OF INCOMPATIBILITY FOR THE FOLLOWING REASONS. NUMBER 1 (ONE) ADVERSELY 1024 AFFECTING THE DESIRABILITY OF THE IMMEDIATE NEIGHBORHOOD, ADVERSELY AFFECTING THE 1025 DESIRABILITY, IMPAIRING THE VALUE OF ADJACENT PROPERTY, ADVERSELY AFFECTING THE 1026 QUALITY OF LIFE OF ADJACENT PROPERTIES, CREATING A PUBLIC NUISANCE FOR THE SURROUNDING TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65A8 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001964 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1027 AREAS, ALL OF THE PROPERTY OWNERS THAT LIVE IN THE ADJACENT NEIGHBORHOOD ARE GONNA 1028 EXPERIENCE THESE ADVERSE IMPACTS, AND WE DON'T BELIEVE THAT THE MITIGATION MEASURES 1029 THAT ARE PROPOSED WILL MATERIALLY REDUCE ANY OF THOSE ADVERSE IMPACTS. AND YOU'RE, 1030 AND I'M NOT GONNA GO INTO ANY DETAIL BECAUSE THE OWNERS OF THE PROPERTY ARE GONNA 1031 COME UP AND THEY'RE GONNA EXPLAIN TO YOU THE AFFECT ON TI IEIR QUALITY OF LIVE. THE 1032 NUISANCES AND THE AFFECT ON VALUES. WHAT DOES MITIGATE MEAN? I'VE BEEN TN THIS 1033 BUSINESS FOR A LONG TIME AND I'VE BEEN IN MANY MANY HEARINGS AND MANY MANY 1034 DISCUSSIONS WHERE WE TALK ABOUT MITIGATING DAMAGES. AND I GOTTA SAY IT'S NOT CAPABLE 1035 OF PRECISE DEFINITION. BUT THE I (ONE) THAT I'VE ALWAYS FOUND THAT MEANS THE MOST TO 1036 ME IS THAT WHOEVER IS CAUSING THE ADVERSE IMPACT WILL TAKE SOME ACTION OR REFRAIN 1037 FROM TAKING SOME ACTION THAT WILL REDUCE THAT IMPACT TO A LEVEL THAT A REASONABLE. 1038 PERSON WOULD FIND TOLERABLE. You DON'T HAVE TO ELIMINATE IT; BUT YOU GOTTA TO DO 1039 MORE THAN MINIMIZE IT. YOU'VE GOT TO TAKE SOME SERIOUS ACTION HERE TO PUT THE 1040 NEIGHBORS, IN THIS CASE, IN A, IN A SITUATION WHERE THESE VALUES THAT THE COMPUTABILITY 1041 REGULATIONS ARE AIMED AT CAN BE PROTECTED AND PRESERVED. AND I'D ALSO LIKE YOU TO 1042 KEEP IN MIND, AND THIS I (ONE) TOOK ME A LITTLE WHILE TO GET MY HEAD AROUND; BUT 1043 TECHNICAL COMPLIANCE WITH THE OPERATING REQUIREMENTS AND STANDARDS FOR A GRAVEL 1044 MINE DOES NOT NECESSARILY EQUAL COMPATIBILITY. LET ME GIVE YOU AN EXAMPLE: THE BERM 1045 THAT WE HAVE TO MITIGATE NOISE IMPACTS, I'M CERTAIN THAT IF YOU TOOK A NOISE METER AND 1046 YOU WALKED AROUND ON THE NORTH SIDE OF THE BERM OPPOSITE FROM WHERE ALL THE 1047 OPERATIONS ARE TAKING PLACE, YOU'D PROBABLY GET A DECIBEL READING OF 55 (FIFTY-FIVE) OR 1048 LESS. TECHNICALLY, YOU'RE IN COMPLIANCE WITH THE STATE STATUTE. BUT AS YOU CAN SEE 1049 FROM THE NOISE STUDY THAT WE PRODUCED; AS YOU MOVE AWAY FROM THE BERM, AWAY FROM TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001965 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1050 THE NOISE AND UP THE HILL YOU HAVE NUISANCE LEVEL NOISES. You HAVE NOISES CONSIDERED 1051 BY THE STATE STATUTE TO BE A NUISANCE AT EVERY 1 (ONE) OF THE WOODEN DEER HOMES THAT 1052 WE ANALYZED FROM A NOISE STANDPOINT, TECHNICAL COMPLIANCE; INCOMPATIBILITY. 1053 NUISANCE LEVEL NOISES AT THE HOUSES; COMPLIANCE ON THE OTHER SIDE OF THE BERM. THE 1054 BERM CREATES THE ILLUSION OF MITIGATION BUT 1T DOESN'T DO ANYTHING TO MITIGATE THE 1055 REAL NOISE IMPACTS IN THE NEIGHBORHOOD. To ME THAT'S INCOMPATIBILITY; THAT'S A BASIS 1056 FOR DENIAL, THE CONSTRUCTION NOISE; UNDER THE STATUTE YOU CAN INCREASE THE NOISE 1057 DURING SO CALLED CONSTRUCTION ACTIVITIES FROM 55 (FIFTY-FIVE) TO 80 (EIGHTY) DECIBELS. 1058 THAT'S A 16 (SIXTEEN) FOLD INCREASE; 16 (SIXTEEN) FOLD! SO WHAT YOU HAVE IS A SITUATION 1059 HERE WHERE DURING CONSTRUCTION YOU'VE GOT LEGAL NOISE THAT'S 16 (SIXTEEN) TIMES 1060 GREATER THAN THE NUISANCE LEVEL IN A RESIDENTIAL NEIGHBORHOOD THAT'S ADJACENT TO 1061 THAT NOISE. TECHNICAL COMPLIANCE; INCOMPATIBILITY! WITH RESPECT TO THE AIR ISSUES: 1062 AGAIN !CALL YOUR ATTENTION TO ALL THE TESTIMONIALS AND THE EVIDENCE THAT THE OWNERS 1063 ARE PRESENTED WITH REGARD TO THE DUST THAT THEY CONTEND WITH ON A DAY TO DAY BASIS. 1064 IF IN FACT THE POWERS PIT HAS BEEN COMPLYING WITH AIR QUALITY STANDARDS, I THINK AGAIN 1065 YOU'VE GOT TECHNICAL COMPLIANCE WITH INCOMPATIBILITY. YOU'VE GOT A QUALITY OF LIFE 1066 ISSUE THAT IS HORRENDOUS BUT YET PERHAPS THEY COMPLY WITH THE STATE STATUTE. WE 1067 DON'T KNOW WHETHER THEY COMPLY WITH STATE AND FEDERAL AND COUNTY AIR QUALITY 1068 REQUIREMENTS. THERE HAS NEVER BEEN ANY TESTING. THERE'S NEVER BEEN ANY MODELING. 1069 ALL WE KNOW IS THEY'RE HOUSES ARE FILLING UP WITH DUST. AIR IS SOMETHING THAT WE'RE 1070 ALL EXTREMELY CONCERNED ABOUT. IT'S MORE THAN A NUISANCE; IT'S MORE THAN HAVING TO 1071 DUST THE COFFEE TABLE 2 (TWO) OR 3 (THREE) TIMES A WEEK. THERE ARE SOME SERIOUS HEALTH 1072 ISSUES ASSOCIATED WITH DUST. AND WE'RE NOT SURE THAT IMPLEMENTING THE SAME DUST TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001966 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1073 CONTROL MEASURES AT CERISE THAT HAVE BEEN IN PLACE AT POWERS FOR MANY YEARS ARE 1074 GONNA SOLVE THAT PROBLEM. WE THINK THAT UH THE APPLICANT HAS COMMI°I"TED TO 1075 CONTROLLING DUST ON THE SITE AND TO BE HONEST WITH YOU I BELIEVE THAT THEY ARE. I'VE 1076 MET SEAN, I'VE MET HIS TEAM AND I KNOW THEY'RE GONNA TRY TO CONTROL DUST ON THE SITE. 1077 WE JUST DON'T THINK THEY CAN. THE NATURE OF THE SITE IS SUCH THAT THEY CAN'T. EVEN THE 1078 STAFF AGREES THAT A GRAVEL MINING OPERATION IS ON TTS FACE INCOMPATIBLE WITH 1079 RESIDENTIAL USES. THE ONLY WAY YOU CAN CURE THAT IS WITH MITIGATION. THE MITIGATION 1080 THAT THEY'RE PROPOSING WITH WITH RESPECT TO AIR; WE DON'T KNOW IF IT WILL WORK OR NOT. 1081 So WE THINK IT OUGHT TO BE MONITORED. RONALD REGAN WAS FAMOUS FOR SAYING; TRUST BUT 1082 VERIFY. Now HE USED IT IN A LITTLE DIFFERENT CONTEXT I WILL ADMIT; BUT THAT'S WHAT 1083 WE'RE ASKING FOR HERE. WE'RE ASKING FOR SOME SORT OF MECHANISM WHERE WE CAN VERIFY 1084 THAT THE APPLICANT IS DOING WHAT THEY SAY THEY'RE GONNA DO. THEY'RE GONNA CONTROL 1085 THE DUST! THEY'RE GONNA KEEP IT UNDER THE NATIONAL AND STATE AND LOCAL STANDARDS 1086 WHICH DEFINE HARMFUL DUST. HARMFUL PARTICULATE MATTER. WE HAVE SUGGESTED A 1087 CONDITION AND UHM CHRIS COYLE'S GONNA TALK ABOUT IT MORE. DETAIL; THAT THERE BE AIR 1088 QUALITY MONITORING AS A CONDITION OF THIS APPLICATION. WE DON'T THINK THAT WITHOUT 1089 MONITORING YOU CAN HAVE ADEQUATE MITIGATION. MONITORING AND THEN AN ACTION PLAN, 1090 CORRECTION PLAN TO DO SOMETHING ABOUT IT IF IT TURNS OUT THAT THE BEST LEVELS ARE BEING 1091 EXCEEDED. AND IF YOU DON'T HAVE ADEQUATE MITIGATION; YOU DON'T HAVE A COMPATIBLE 1092 PROJECT IT HAS TO BE DENIED. THIS PROJECT SHOULD NOT BE APPROVED WITHOUT SOME 1093 MECHANISM TO MONITOR THE AIR QUALITY. LIKEWISE WITH RESPECT TO NOISE. SAME THING, 1094 TRUST BUT VERIFY. LET'S HAVE SOME MONITORING. I BELIEVE THE APPLICANT WHEN THEY SAY 1095 WE'RE GONNA TRY TO CONTROL THE NOISE. SO THAT THE NOISE WON'T EXCEED THE NUISANCE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 55.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE. TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001967 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1096 STANDARDS AS ESTABLISHED BY THE STATE. LET'S TEST IT? LET'S HAVE SOME MONITORING. 1097 LET'S CONDITION THIS APPLICATION ON MONITORING. GOING BACK TO TIIE AIR ISSUE WHEN IT 1098 COMES TO MONITORING; THE APPLICANT HAS INDICATED THAT HAVE STAFF THAT ARE TRAINED TO 1099 RECOGNIZE DUST POLLUTION. AND THEY DO THAT BY MEASURING OPACITY. You PROBABLY ALL 1100 KNOW WHAT OPACITY IS SO I WON'T GO INTO DETAIL. OPACITY WILL ALLOW YOU TO DETERMINE 1101 VISUALLY WHETHER OR NOT THERE IS A LARGE PARTICULATE MATTER COMING FROM THE SITE. 1102 THAT LARGE PARTICULAR, PARTICULATE MATTER IS A NUISANCE AND DOES HAVE HEALTH 1103 PROBLEMS BUT IT DOESN'T COMPARE TO PM 10 (TEN). TI-IAT'S TTIE BAD BOY HERE. PM 1 O (TEN) 1104 GETS IN PEOPLE LUNGS; IT CAUSES SEVERE RESPIRATORY PROBLEMS, IT CAN CAUSE CANCER. YOU 1105 CAN'T SEE PM10 (TEN)! 1 TOOK MY KIDS TO SEE X -MEN AND THEY'VE GOT MUTANTS THAT COULD 1106 PROBABLY SEE PM10 (TEN) BUT I DON'T THINK SEAN'S GONNA HIRE THOSE GUYS. I THINK THE 1107 ONLY WAY WE'RE GONNA KNOW IF WE'RE EXPOSED TO PM 10 (TEN) IS WITH SOME SORT OF 1108 MEASURING DEVICE. SOME SORT OF MONITORING DEVICE SIMILAR IF NOT IDENTICAL TO THE ONES 1109 THAT GARFIELD COUNTY USES TO MONITOR PM10 (TEN). BECAUSE YOU CAN'T SEE IT, BECAUSE 1110 IT'S A HEALTH HAZARD, BECAUSE IT'S IMPORTANT TO KNOW WHEN IT'S AROUND SO YOU CAN DO 1111 SOMETHING ABOUT IT. I'M GONNA TURN IT OVER TO THE NEIGHBORS; BUT FIRST I WANT TO SAY 1112 THAT, THAT THE FOLKS WHO HAVE LIVED IN WOOD DEER AND RIMLEDGE FOR MANY YEARS HAVE 1113 ENDURED AN ENORMOUS AMOUNT OF ADVERSE IMPACTS AS A RESULT OF THE GRAVEL MINING IN 1114 THEIR NEIGHBORHOOD. LARGELY BECAUSE THE GRAVEL MINING WAS THERE FIRST. THEY HAVE 1115 BEEN VERY PATIENT! I DON'T WANT TO SEE THEM REWARDED WITH ANOTHER 30 (THIRTY) YEARS 1116 OF DUST AND NOISE. EVEN WORST VISUAL IMPACT AND EVEN WORSE TRAFFIC. I THINK THEY'VE 1117 DONE THEIR SHARE FOR THE BENEFIT OF THE AGGREGATE BUSINESS IN THE COUNTY. ENOUGH IS 1118 ENOUGH; THEY NEED A BREAK. AND I THINK YOU'RE GONNA HEAR FROM SOME OF THESE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001968 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1119 NEIGHBORS THAT THERE'S NO REASON FOR THEM TO HAVE TO ENDURE THESE IMPACTS FOR 1120 ANOTHER 30 (THIRTY) YEARS. AND I USE 30 (THIRTY) BECAUSE THIS PIT IS PROJECTED TO GO 15 1121 (FIFTEEN) YEARS AT 650,000 (SIX HUNDRED AND FIFTY THOUSAND) TONS A YEAR AND 1 DON'T 1122 KNOW HOW MANY DECADES IT WILL TAKE TO GET BACK UP TO THAT PRODUCTION LEVEL. SO THIS 1123 PIT'S GONNA LAST A LONG TIME AND THESE PEOPLE HAVE ENDURED ENOUGH. I THINK TIIEY NEED 1124 A BREAK! AND WITH THAT I'LL TURN IT OVER TO SOME OF THE OTHER MEMBERS. 1125 CHAIRMAN MARTIN - ALRIGHT, ANY QUESTIONS FROM THE 1126 BOARD? 1127C COMMISSIONER JANKOVSKY -NO NOT AT THIS TIME. 1128 CHAIRMAN MARTIN - NOW YOU CAN REMAIN SEATED, JUST HOLD 1129 THE MICROPHONE. IF YOU WISH TO STAND THAT'S FINE. WHO'S NEXT? 1130 DAVID MYLER - ARE YOU GONNA GO DOWN THE LIST OR SHOULD I 1131 JUST HAND IT OFF? 1132 CHAIRMAN MARTIN - I'M, I'M WAITING FOR THE NEXT NAME. 1133 JEAN ALBERICO - CONNIE MCCRUDDEN. 1134 CHAIRMAN MARTIN --- CONNIE. 1135 MAN IN FRONT OF COMMISSIONER - DO YOU MIND IF I CUT IN 1136 FRONT HERE? 1137 CHAIRMAN MARTIN - NOT AT ALL JUST DON'T TRIP ON THE CORD. 1138 CONNIE MCCRUDDEN - IS THIS, IS THIS GOOD AND EVERY, 1139 EVERYONE HEAR ME. UH NUMBER I (ONE) UH YOU JUST HANDED US THIS LIST AND MY LETTER IS TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001969 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1140 NOT INCLUDED IN THERE WHICH I WAS VERY DISAPPOINTED TO SEE. WHICH I HAVE A COPY OF 1141 RIGHT HERE; WHICH I MAILED ON THE 257" (TWENTY-FIFTH) UH ALONG WITH PICTURES AND UH THE 1142 NEWSPAPER ARTICLE FROM THE UH APRIL POST INDEPENDENT ABOUT THE SILT MINE. SO IF YOU 1143 CAN CHECK THAT OUT. 1144 1145 CHAIRMAN MARTIN - WE'LL, WE'LL ADD THAT...INAUDIBLE. CONNIE MCCRUDDEN - SEE IF IT CAN GO IN THERE. I WANT TO 1146 JUST TELL YOU THAT WE PURCHASED OUR LAND IN WOODEN DEER UH ABOUT 20 (TWENTY) YEARS 1147 AGO. THE DEVELOPER TOLD US AT THE TIME THAT THE BLUE AND THE CERISE RANCHES WOULD 1148 REMAIN JUST THAT. SO THAT WAS PROBABLY HIS AND MAYBE THEIR OPINION AT THAT TIME AND I 1149 UNDERSTAND THAT. SO WE BUILT A BEAUTIFUL AND A QUALITY HOME WHICH WE HAVE ENJOYED 1150 THE PAST 17 (SEVENTEEN) YEARS. WE HAVE NEVER BEEN INVESTORS IN STOCKS AND BONDS ONLY 1151 REAL ESTATE REALIZING TI IAT TIIIS HAS ALWAYS BEEN A GOOD INVESTMENT IN THIS VALLEY. WE 1152 FIGURED THAT WHEN THE TIME CAME TO DOWNSIZE WE WOULD NATURALLY BE ABLE TO SELL OUR 1153 PROPERTY AT A PRICE THAT WOULD ACCOMMODATE OUR NEEDS AS WE GREW OLDER. BUT 1154 NEITHER MY HUSBAND NOR I ACTUALLY THOUGHT THEY WOULD LIVE TO BE 81 (EIGHTY-ONE) AND 1155 88 (EIGHTY-EIGHT) WHICH IS WHERE WE ARE RIGHT NOW. AT THIS TIME, WE ARE DEFINITELY 1156 HAVING TO DOWNSIZE AS OUR SOCIAL SECURITY CHECKS ARE NOW NOT KEEPING UP WITH THE RATE 1157 OF INFLATION NOR THE POOR ECONOMY WHICH HAS LOWERED THE VALUE OF OUR HOUSE 1158 CONSIDERABLY. IT HAS NOW BEEN ON THE MARKET FOR 1 Y2 (ONE AND ONE HALF) YEARS AND WE 1159 HAVE REDUCED THE PRICE IN HALF. IT HAS BEEN SHOWN VERY FEW TIMES; HOWEVER THIS PAST 1160 MARCH WE HAD VERY INTERESTED CLIENTS WHO SPENT AN 1 /2 (HOUR AND A HALF) IN THE HOUSE 1161 WITH THEIR REALTOR AND OURS, AND WHEN THEY LEFT THEY ASKED FOR THE SUBDIVISION TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 165.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 EOCC 11 CV214 -001970 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1162 COVENANTS AND A COPY OF OUR FLOOR PLAN. THESE ITEMS I GAVE TO MY REALTOR ALONG WITH 1163 SEVERAL NEWSPAPER CLIPPINGS REGARDING THE OUTCOME OF THE BLUE PIT AND THE PENDING 1164 CERISE MINE. I FELT IT WAS ONLY FAIR TO DISCLOSE THIS INFORMATION TO THEM. SO WITHIN A 1165 WEEK THEY INFORMED OUR REALTOR THAT THEY WOULD NOT BE MAKING AN OFFER BECAUSE OF 1166 THE GRAVEL PIT DISCLOSURE. SO, MY BIGGEST CONCERN IS I TRULY FEAR THAT THIS WILL BECOME 1167 A COMMON OCCURRENCE IF LAFARGE IS ALLOWED TO TAKE OVER THE CERISE RANCH. I WOULD 1168 ALSO JUST LIKE TO ADD THAT UH IN HEARING DAVID TALK ABOUT THE BERMS AND THE DUST, AND 1169 SO FORTH, UH HAVING LIVED TIIERE TIIIS MANY YEARS UHM IT TOOK LAFARGE AT LEAST 10 (TEN) 1170 YEARS WITH THE BIG BERM THAT'S AT TI -IE TOP OF THE POWER STRIP, TO GET IT VEGETATED. I 1171 CALLED YEAR AFTER YEAR TELLING THEM ABOUT THE DUST AND YOU KNOW THEY WOULD ALWAYS 1172 SAY WELL YOU KNOW WE'RE, WE'RE TRYING TO GET THINGS TO GROW BUT NOTHING SEEMED TO 1173 EVER GROW UNTIL THIS LAST YEAR. AND I THINK IT'S BECAUSE WE HAD SO MUCH RAIN IN THE 1174 SPRING AND IT'S FINALLY AFTER ALL THIS TIME I5 NOW A VEGETATED BERM. HA, HA; BUT IT TOOK 1175 THAT LONG. SO ANYWAY, THANK YOU VERY MUCH FOR LISTENING TO ME. 1176 CHAIRMAN MARTIN - THANK YOU DOTTIE. ANY QUESTIONS? 1177 ALRIGHT, NEXT. 1178 JEAN ALBERICO- SUE COYLE. 1179 CHAIRMAN MARTIN -- SUE. 1180 SUE COYLE - IT'S ALRIGHT BACK HERE? 1181 CHAIRMAN MARTIN - YEP, AS LONG AS YOU GET THAT 1182 MICROPHONE IN FRONT OF YOU SUE. YOU, THERE YOU GO. 1183 SUE COYLE - MY NAME IS SUE COYLE, 1 LIVE AT 501 (FIVE 1184 HUNDRED ONE) WOODEN DEER ROAD. IN THE LAST FEW UHM WEEKS SEVERAL PEOPLE HAVE COME TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001971 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1185 UP TO ME AND SAID, PEOPLE WHO CLAIM TO BE IN THE KNOW WHO HAVE SAID YOU DON'T HAVE A 1186 CHANCE AGAINST THIS GIANT CORPORATION. THEY HAVE SAID THE COUNTY COMMISSIONERS 1187 HAVE ALREADY MADE THEIR MINDS UP. THIS IS A DONE DEAL BEFORE THE HEARING EVEN STARTS. 1188 ALL I CAN DO IS HOPE THAT ISN'T TRUE. WHAT IS TRUE IS THAT WHEN YOU MADE YOUR SITE VISIT 1189 TO THE CERISE RANCH YOU ALSO STOOD ON THE DECK OF OUR HOME AND YOU SAW EVERYTHING 1190 THAT WE STAND TO LOSE IF THIS PROJECT IS PERMITTED. AND WE DO APPRECIATE YOUR TAKING 1191 THAT TIME TO EXPERIENCE OUR PERSPECTIVE. BECAUSE WHAT WE HAVE TO LOSE IS ENORMOUS 1192 AND NO SCREENING BERMS ARE GOING TO CHANGE THAT FACT. THERE ARE 39 (THIRTY-NINE) 1193 PROPERTY OWNERS IN OUR SUBDIVISION INCLUDING OWNERS OF HOMES AND LOTS. NONE OF US 1194 JUST RANDOMLY CHOSE WOODEN DEER. WE CHOSE IT VERY DELIBERATELY BECAUSE OF THE 1195 OPENNESS, THE AGRICULTURAL NATURE OF THE AREA AND MOST OF ALL BECAUSE OF THE VIEWS. 1196 THE GREEN HAYFIELDS IN THE FOREGROUND AND MOUNT SOPRIS IN THE BACKGROUND ARE NOT 1197 JUST ASCETICALLY PLEASING. THOSE VIEWS A LITTLE DIFFERENT FROM EACH HOME ARE AS MUCH 1198 A PART OF OUR PROPERTY VALUES AS THE HOUSES THEMSELVES. THE REAL ESTATE ADS LED WITH; 1199 VIEWS VIEW VIEWS. THEY DID NOT SAY PITS, PITS, PITS. IF THEY HAD WE WOULDN'T BE HERE NOW. 1200 THE OWNERS OF THE PROPERTY IN QUESTION SAY THAT IT'S THEIR DESIRE AND THEIR RIGHT TO RIP 1201 UP THOSE LUSH GREEN PASTURES AND TURN THEM INTO AN OPEN PIT MINE SUCH AS WE ALREADY 1202 HAVE AT THE POWERS SITE. IT'S WHAT THEY WANT OBVIOUSLY, WE UNDERSTAND THAT. BUT THE 1203 MANY OF US, IF THAT I (ONE) FAMILY IS GRANTED WHAT IT WANTS IT WOULD MEAN FINANCIAL 1204 DOOM. FOR MANY OF US IT WAS A REAL STRETCH TO PUT TOGETHER THE MONEY TO BUY OUR 1205 PROPERTIES. FOR MANY OF US IT HAS BEEN A REAL STRETCH TO HANG ON TO THEM. WE ARE 1206 CITIZENS OF GARFIELD COUNTY, WE PAY OUR TAXES, WE PAY OUR MORTGAGES, WE WORK AND 1207 SHOP AND VOLUNTEER AND VOTE IN GARFIELD COUNTY. WE COUNT ON YOU TO REPRESENT US TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF TFIE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 SOCC i1CV214 - 001972 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1208 AND TO PROTECT OUR RIGHTS; ESPECIALLY YOU'RE PROPERTY RIGHTS. WE BOUGHT OUR 1209 PROPERTIES IN GOOD FAITH, BELIEVING THAT IF THE COUNTY PERMITTED THE SUBDIVISION THEY 1210 WOULD NOT SUBSEQUENTLY RENDER THE SUBDIVISION VALUELESS BY PLACING TWO GRAVEL PITS 1211 ESSENTIALLY IN OUR FRONT YARDS. IT'S A TERRIBLE POWER YOU 3 (THREE) MEN HAVE! You 1212 HAVE THE POWER TO SAY TO OUR 39 (THIRTY-NINE) PROPERTY OWNERS, SORRY BUT THE DESIRES 1213 OF I (ONE) FAMILY TO TEAR UP THEIR OWN LAND OUTWEIGH THE NEEDS OF AN ENTIRE 1214 NEIGHBORHOOD. YOU HAVE THE POWER TO TAKE AN ENTIRE NEIGHBORHOOD AND WITH 1(ONE) 1215 WORD RENDER IT BASICALLY VALUELESS. AND FOR WHAT? FOR A GRAVEL MINE THAT IS 1216 UNWANTED, UNNEEDED, UNNECESSARY. WE ARE NOT ASKING THEM TO SURRENDER THEIR 1217 MINERAL RIGHTS. THAT GRAVEL WILL ALWAYS BE THERE IF AND WHEN IT IS EVER NEEDED. BUT 1218 THEY ARE ASKING US TO SACRIFICE OUR INVESTMENTS; OUR FINANCIAL FUTURES AND OUR 1219 QUALITY OF LIFE. WE ARE YOUR CONSTITUENTS AND WE ARE COUNTING ON YOU TO USE YOUR 1220 POWERS JUDICIOUSLY AND HONORABLY TO CHOSE THE GREATER GOOD FOR THE GREATER NUMBER 1221 OF PEOPLE AND TO NOT SACRIFICE US IN ORDER THAT 1 (ONE) FAMILY CAN PROFIT FROM OUR LOSS. 1222 PLEASE DO THE RIGHT THING. THANK YOU. 1223 CHAIRMAN MARTIN - THANK YOU SUSAN. ANY QUESTIONS? 1224 ALRIGHT WHO'S NEXT? 1225 1226 JEAN ALBERICO - KATHERINE.... KATHERINE HUBBARD - WOODEN DEER SUBDIVISION IS BUILT ON 1227 A HILL THAT OVERLOOKS THE BLUE AND CERISE PROPERTIES. IT ALSO OVERLOOKS THE EXISTING 1228 WSA GRAVEL PIT AND THE EXISTING HIGHWAY 82 (EIGHTY-TWO) LAFARGE GRAVEL PIT TO THE 1229 WEST OF COUNTY ROAD 103 (ONE HUNDRED THREE). MY HOME LIES ABOUT 2I3RDS (TWO-THIRDS) TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 -001973 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1230 OF THE WAY UP THAT HILL JUST ABOVE SUE AND CHRIS COYLE WHERE YOU HAVE BEEN FOR YOUR 1231 SITE VISIT. THE EXISTING PITS ARE FAR ENOUGH AWAY THAT THEY HAVE BEEN TOLERABLE 1232 NEIGHBORS; JUST BARELY. WE DO HEAR THEM, SEE THEM AND SMELL THEM. WE GET DUST FROM 1233 THEM! SOMETIMES A LOT OF DUST TO THE POINT THAT IT COATS OUR WINDOWS, CAR WINDSHIELDS 1234 AND OUTDOOR FURNITURE AND WE BREATH THAT DUST. THOSE WHO LIVE TOWARD THE BOTTOM 1235 OF OUR HILL, CLOSEST TO THE PITS, GET MORE OF THE DUST, THE NOISE, THE SMELL, THAN THOSE 1236 OF US WHO ARE HIGHER UP. THE HIGHER UP YOU GO THE MORE ADVERSELY AFFECTED YOU ARE 1237 VISUALLY. THE NEGATIVES ARE DIFFERENT FOR EACI-[ OF US. IF EXPANSION OF GRAVEL MINING 1238 WERE TO OCCUR, WE WHO ARE HIGHER WOULD BE LOOKING OVER ANY OF THE PROPOSED BERMS 1239 AND DOWN INTO THE INDUSTRIAL ACTIVITIES ASSOCIATED WITH MINING. THOSE WHO WERE 1240 LOWER WOULD GET MORE OF THE IMPACT OF INCREASED NOISE, MORE DUST AND MORE ODORS. I 1241 HAVE LOVED MY VIEW, THE BUCOLIC LANDSCAPE OF THE HAYFIELDS BELOW MT. SOPRIS BEYOND. 1242 I HAVE LOVED WATCHING THE SEASONS CHANGE, PLOWING AND PLANTING IN THE SPRING, HAYING 1243 IN THE SUMMER, CATTLE AND HORSES GRAZING, VISITING HERDS OF ELK MOSTLY IN THE SPRING 1244 AND FALL BUT SOMETIMES MORE THAN 100 (ONE HUNDRED) BANS OF DEER, RAPTORS, EXCUSE ME, 1245 CIRCLING OVERHEAD AND WINTER BRINGS A CARPET WITH TRACTORS DELIVERING HA, BALES OF 1246 HAY TO THE HUNGRY CATTLE. IN EARLY WENT, IN EARLY WINTER I HAVE HAD ELK BED DOWN 1247 NESTING IN THE SNOW VERY CLOSE TO THE HOUSE. I (ONE) CHRISTMAS MORNING, WHEN I PULLED 1248 UP THE KITCHEN WINDOW SHADE, THERE WERE 5 (FIVE) OR 6 (SIX) ELK JUST RISING FROM A GOOD 1249 NIGHT'S SLEEP OUT OF THEIR NESTS. I SAID TO MY SMALL VISITING GRANDSON "LOOK WILL 1250 SANTA'S REINDEER TOOK A NAP RIGHT HERE AT OUR HOUSE". SMALL GRANDSON LOOKED AT ME 1251 AND SAID "GRANDMA THOSE AREN'T REINDEER THOSE ARE ELK". TIMES CHANGE, THINGS CHANGE. 1252 WHEN WOODEN DEER HOME SITES WERE PERMITTED THIS BECAME A RESIDENTIAL AGRICULTURAL TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001974 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1253 AREA. PLEASE DO NOT CHANGE THAT AG, AGRICULTURAL DESIGNATION INTO INDUSTRIAL AREA BY 1254 PERMITTING THE LAFARGE CERISE PIT. 1255 CHAIRMAN MARTIN - ANY QUESTIONS? ALRIGHT, NEXT THEN 1256 JEAN. 1257 1258 JEAN ALS_ ERICO - JANET JOHNSON. JANET JOHNSON - GOOD AFTERNOON. MY NAME IS JANET 1259 JOHNSON. 1260 CHAIRMAN MARTIN - You GOTTA HAVE IT CLOSER JANET. 1261 JANET JOHNSON - SORRY. 1262 CHAIRMAN MARTIN - THERE YOU GO. 1263 JANET JOHNSON - GOT IT? 1264 CHAIRMAN MARTIN - GOT IT. 1265 JANET JOHNSON - MY HUSBAND AND I HAVE LIVED AT 471 (Foul( 1266 HUNDRED SEVENTY-ONE) COUNTY ROAD 112 (ONE HUNDRED TWELVE) FOR SOME 17 (SEVENTEEN) 1267 YEARS. COUNTY ROAD 112 (ONE HUNDRED TWELVE) IS LOCATED A LITTLE OVER A MILE FROM THE 1268 INTERSECTION OF COUNTY ROAD 103 ONE HUNDRED THREE) AND HIGHWAY 82 (EIGHTY-TWO) 1269 THAT WE ARE DISCUSSING THIS AFTERNOON. 1 DO NOT LIVE IN THE WOODEN DEER SUBDIVISION 1270 BUT OUR HOME IS IMPACTED BY THE LAFARGE GRAVEL PIT BOTH IN NOISE, BOTH IN SMELL AND 1271 BOTH IN SOUND. As YOU ARE AWARE OUR ROAD, NUMBER 112 (ONE HUNDRED TWELVE) IS 1 (ONE) 1272 OF MANY ROADS IN THIS AREA THAT JOINS COUNTY ROAD 103 (ONE HUNDRED THREE) AS A MAIN TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001975 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1273 CONDUIT TO AND FROM HIGHWAY 82 (EIGHTY-TWO). WITHIN SOME 3 (THREE) MILES OF THE 1274 PROPOSED GRAVEL PIT ENTRANCE AND EXIT THERE ARE AT LEAST 10 (TEN) ROADS LEADING ONTO 1275 HIGHWAY 103 (ONE HUNDRED THREE). AND THIS IS NOT COUNTING PRIVATE DRIVES, PRIVATE 1276 ROADS AND PLANNED RESIDENTIAL COMMUNITIES. THESE ROADS YOU'RE PROBABLY FAMILIAR 1277 W I'I'I I. CRYSTAL SPRINGS MOUNTAIN ROAD, CATTLE CREEK ROAD, WOODEN DEER ROAD, DEER 1278 PATH ROAD, RED WING LANE, COUNTY ROAD 113 (ONE HUNDRED THIRTEEN), CANES ROAD, 1279 COUNTY ROAD 105 (ONE HUNDRED FIVE) AND THE LIST GOES ON. ADDITIONAL TRAFFIC FROM 1280 LAFARGE USING COUNTY ROAD 103 (ONE HUNDRED THREE) AS ENTRANCE AND EXIT; WOULD 1281 SEVERELY IMPACT ALL TRAFFIC USING 103 (ONE HUNDRED THREE). ALSO PLEASE CONSIDER THAT 1282 THE ROARING FORK SCHOOLS BU, BUS DROP-OFF, PICK-UP AND TURN -AROUND IS LOCATED JUST A 1283 FEW HUNDRED YARDS FROM THE PROPOSED NEW ENTRY ON COUNTY ROAD 103 (ONE HUNDRED 1284 THREE). CHILDREN AND THEIR PARENTS ARE ON THIS ROAD MONDAY THROUGH FRIDAY. AGAIN 1285 THE VISUAL AND NOISE IMPACT IS NOT LIMITED TO THE WOODEN DEER SUBDIVISION. HOMES 1286 LOCATED HIGHER ON 103 (ONE HUNDRED THREE) AND 112 (ONE HUNDRED TWELVE) ARE ALREADY 1287 AFFECTED. AND I'M A BIT CONFUSED FROM HEARING THE SPEAKERS EARLIER; UHM I DON'T KNOW 1288 IF THE COUNTY HAS DONE A RECENT TRAFFIC UH TRAFFIC SURVEY OF COUNTY ROAD 103 ONE 1289 HUNDRED THREE) OR WHETHER LAFARGE HAS. HOW MANY CARS, TRUCKS, BI -CYCLISTS, 1290 CONSTRUCTION TRUCKS, HORSE TRAILERS, TOWING VEHICLES AND SCHOOL BUSES USE THIS ROAD 1291 ON A DAILY BASIS? SOME TYPE OF STUDY MUST HAVE BEEN DONE SINCE WITHIN THE PAST YEAR 1292 SEVERAL SPEED LIMIT SIGNS HAVE BEEN POSTED ALONG ROADWAY 103 (ONE HUNDRED THREE) 1293 INDICATING, I ASSUME, SOME TYPE OF NOTICEABLE HEAVY TRAFFIC USAGE OR PROBLEM. COUNTY 1294 ROAD 103 (ONE HUNDRED THREE) IS A CURVING 2 (TWO) LANE ROAD AND WHILE IT ISA REAL 1295 WORKHORSE IN THE SENSE OF DAILY TRAFFIC IT IT IS ALSO A BEAUTIFUL AND QUIET ENTRANCE TO TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001976 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1296 OUR VALLEY AND TO OUR HOMES. A QUIET REFUGE FROM THE HIGHWAY TRUCKS AND SPEED 1297 DEMONS OF HIGHWAY 82 (EIGHTY-TWO). I STRONGLY URGE YOU TO CONSIDER THE VERY 1298 NEGATIVE IMPACT THIS PROPOSAL WOULD HAVE ON THE BEAUTY OF THIS AREA, THE AIR QUALITY 1299 OF THIS AREA AND MOST IMPORTANTLY THE SAFETY OF THIS AREA FOR ITS MANY RESIDENTS. 1300 THANK YOU. 1301 CHAIRMAN MARTIN - THANK YOU. ANY QUESTIONS? No 1302 QUESTIONS, THANK YOU JANET. NEXT. 1303 JEAN ALBERICO - LEE ANN EUSTIS. 1304 LEE ANN EUSTIS - UH COMMISSIONERS UHM, THIS YOU ASKED US 1305 NOT TO BE REPETITIVE AND IT'S IRONIC FOLLOWING MRS. JOHNSON THAT UHM I COMMUNICATED 1306 WITH YOU ON MAY 30TH (THIRTIETH) AND MY CONCERNS WERE SPECIFICALLY UH TO THE TRAFFIC. 1307 I LIVE 4 Lz (FOUR AND ONE HALF) MILES UP 103 (ONE HUNDRED THREE) FROM THE UH EGRESS, 1308 INGRESS ROAD THAT YOUR PROPOSING TO THE UH CERISE PIT. AND UHM I HAVE BEEN THERE SINCE 1309 1965 (NINETEEN SIXTY-FIVE) AND YES CERTAINLY I EXPECTED TO SEE CHANGES OVER THESE 1310 YEARS. BUT JUST SO I WON'T GO ON ABOUT THE TRAFFIC, THE BICYCLES, THE BUS, THE SCHOOL 1311 BUSSES AND I WILL ONLY ADD THAT I DON'T KNOW WHAT STUDY WAS DONE. ALL I KNOW IS THAT 1312 NOW USUALLY THERE IS A GARFIELD UH SHERIFF, HA, HA, WATCHING TO MAKE SURE 1313 PRACTICALLY EVERY COUPLE OF DAYS THAT WE DO NOT EXCEED THE SPEED LIMIT OF 25 (TWENTY - 1314 FIVE) MILE AN HOUR WHEN, AS YOU COME DOWN TO REACH 82 (EIGHTY-TWO). THANK YOU. 1315 CHAIRMAN MARTIN - AND JUST AS A NOTE I CAN TELL YOU THAT 1316 WE'VE PASSED THE MODEL TRAFFIC CODE WHICH GAVE THE SHERIFF THE AUTHORITY TO ENFORCE 1317 SPEED LIMITS. AND THAT'S WHY YOU WOULD SEE THAT. AND ALSO WE'D HAVE TO MAKE SURE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARI3ONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001977 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1318 THAT WE POSTED ALL LIMITS SO THEY ARE ENFORCEABLE AND THAT'S WHY YOU'LL SEE THOSE 1319 SIGNS BASED UPON THE ACTION WE TOOK. As A REQUEST FROM THE CITIZENS TO PUT THE MODEL 1320 TRAFFIC CODE INTO AFFECT AND THAT'S WHAT WE DID AND THAT'S WHY YOU SEE THE SIGNS AND 1321 THE SHERIFF. THANK YOU. I'LL LET HIM KNOW THAT YOU'RE NOT ONLY ON 100 (ONE 1322 HUNDRED.... 1323 LEE ANN EUSTIS - OH I'M VERY AWARE OF HIS PRESENCE. 1324 EVERYONE ON IN THE AUDIENCE LAUGHING. 1325 CHAIRMAN MARTIN - OICAY. WHO IS NEXT? 1326 JEAN ALBERICO - TOM HAYS. 1327 CHAIRMAN MARTIN - TOM. 1328 TOM HAYS - THANK YOU MY NAME IS TOM HAYS UH 593 (FIVE 1329 HUNDRED NINETY-THREE) WOODEN DEER ROAD. WITH THIS APPLICATION UH WE'RE BEING FACED 1330 WITH THE POSSIBILITY OF HAVING 2 (TWO) UHM OPERATING CONTINUOUS, CONTIGUOUS GRAVEL 1331 PIT OPERATIONS IN, AS OTHER PEOPLE HAVE STATED, A MIXED USED AREA. WE ALSO BOUGHT UH 1332 OUR PROPERTY UHM AS SOON AS THAT PROJECT WAS BEING DEVELOPED UH BEFORE THE ROADS 1333 WERE EVEN UH FINALIZED. WE BUILT OUR HOME, RAISED OUR FAMILY KNOWING AND ACCEPTING 1334 THE FACT THAT THE BLUE PIT AND THE POWERS PIT WERE OPERATING. BUT WE HAD A LITTLE 1335 BUFFER IN BETWEEN THE 2 (Two); THE CERISE RANCH. UH SINCE THAT TIME THE POWERS PIT HAS 1336 REACHED ITS END. UH THE BLUE PIT HAS RECEIVED APPROVAL FOR EXPANSION AND NOW 1337 LAFARGE IS ASKING TO MOVE INTO THAT BUFFER SPACE. WHICH IS EFFECTIVELY CREATING A 1338 CONTINUOUS MINING OPERATION THAT SPANS OVER A MILE AND A HALF (1 Y2) IN LENGTH UH AT 1 TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001978 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1339 (ONE) PORTION OR ANOTHER OF THIS, OF THE TIMEFRAME. UH THE BLUE PIT WAS RECENTLY 1340 APPROVED FOR EXPANSION BASED LARGELY ON SOME INNOVATIVE THINKING, UH A MODEL THAT 1341 SHOWED SOME REAL PROGRESSIVE MINING METHODS AND A RECLAIM AS YOU GO TECHNIQUE. 1342 WHICH SORT OF HELPED TO REDUCE SOME OF THE NEGATIVE IMPACTS ON THE SURROUNDING 1343 AREAS. LAFARGE ON THE OTHER HAND HAS SUBMITTED AN APPLICATION WIIICH PRETTY MUCH 1344 IGNORES THESE TECHNIQUES AND IS ASKING YOU TO APPROVE A PLAN BASED ON THE SAME 30 1345 (THIRTY) PLUS YEAR OLD BUSINESS UHM AS USUAL METHODS UH THAT WERE USED WHEN THERE 1346 WERE VERY FEW CONCERNS ABOUT CONFLICTING USES AND CUMULATIVE IMPACTS. I FEEL THIS 1347 SHOWS A DISREGARD AND A LACK ON, LACK OF CONCERN ON LAFARGE'S PART FOR THE RIGHTS OF 1348 THE SURROUNDING PROPERTY OWNERS AND QUITE FRANKLY TO THE RESIDENTS OF GARFIELD 1349 COUNTY. IN THE CUMULATIVE IMPACT ANALYSIS, WHICH IS SECTION 5B (FIVE) IN YOUR BOOKS 1350 THERE. UH COMPARISON IS MADE BETWEEN THE CURRENT ACREAGE UH DISTURBED BY THE 1351 POWERS AND BLUE PITS WHICH IS APPROX, APPROXIMATELY 119 (ONE HUNDRED NINETEEN) ACRES 1352 AND WHAT WILL BE DISTURBED WHEN THE BLUE AND CERISE MINING'S ARE OPERATING. THIS IS 1353 AN APPLES TO ORANGES COMPARISON AND IRRELEVANT BECAUSE THESE ARE NOT CONTINUOUS 1354 MINES. UHM THEY ARE SEPARATED. THIS ANALYSIS SHOWS THAT THE CERISE MINE PHASES 1 1355 (ONE) AND 2 (TWO) WHICH UH THEY PROPOSE TO BEING IN AROUND 2000 (TWO THOUSAND) OR IN 1356 2012 (TWO THOUSAND TWELVE) UHM AND CONTINUING UNTIL SOMETIME UH 2021 (TWO 1357 THOUSAND TWENTY-ONE) AND THE BLUE PIT WILL ALSO HAVE A COMBINED ACREAGE OF THAT 1358 APPROXIMATELY 119 (ONE HUNDRED NINETEEN) ACRES. AT THIS POINT, THESE ARE CONTINUOUS, 1359 CONTIGUOUS OPERATIONS AND THIS DOES HAVE A REAL CUMULATIVE IMPACT ON THE 1360 SURROUNDING AREA. THIS ANALYSIS ALSO STATES THAT THE AGGREGATE PLANT WILL BE MOVED 1361 TO THE PIT FLOOR IN PHASE 3 (THREE) OF THIS OPERATION. THAT'S 2021 (TWO THOUSAND TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65,48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001979 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1362 TWENTY-ONE) TO 2023 (TWO THOUSAND TWENTY-THREE). THAT MEANS THAT THE CRUSHER UH IS 1363 GOING TO BE AT THE SURFACE LEVEL FOR WELL OVER HALF OF THE ANTICIPATED LIFE OF THIS PIT 1364 UHM RATHER THAN BEING MOVED DOWN EARLY IN THE PROJECT WHERE IT WOULD HELP TO 1365 MITIGATE SOME OF THE IMPACTS. IT ALSO STATES THAT THE RECLAMATION OF THE PREVIOUS 1366 PHASES WILL BEGIN 1N PHASE 3 (THREE). AGAIN THIS IS I0 (TEN) YEARS INTO THE LIFE OF THIS 1367 PROJECT. THIS IS NOT A RECLAIM AS YOU GO STRATEGY. I THINK THAT BOTH OF THESE EXAMPLES 1368 TYPIFY A BUSINESS AS USUAL APPROACH UH ON LAFARGE'S PART TO THIS PROJECT. THE CERISE 1369 MINE IS NOT AN EXTENSION OF THE POWERS PIT. IT IS A BRAND NEW MINE AND WITH REGARD TO 1370 THE CERISE MINE WE WERE HERE FIRST. I ASK YOU TO SERIOUSLY CONSIDER THE FACT THAT THE 1371 OLD MODEL FOR DRY LAND GRAVEL EXTRACTION HAS RECENTLY BEEN REPLACED WITH NEW 1372 STANDARDS AND BEST PRACTICES AND THIS APPLICATION DOES NOT APPLY TO THOSE STANDARDS. 1373 THANK YOU. 1374 CHAIRMAN MARTIN - THANK YOU. ANY QUESTIONS? NONE 1375 ALRIGHT THANK YOU VERY MUCH. NEXT. 1376 JEAN ALBERICO - DAN JERVIS. 1377 DAN JERVIS -- HI, MY NAME IS DAN JERVIS. I LIVE AT THE UH THE 1378 BOTTOM I/3RD (THIRD) OF WOODEN DEER SUBDIVISION. AND I WILL KEEP THIS VERY BRIEF. 1379 METAPHORICALLY SPEAKING COUNTY COMMISSIONERS ARE THE SHEPPARD'S OF THE HUMAN 1380 CITIZEN FLOCK OF GARFIELD COUNTY. You ARE ENTRUSTED WITH THE CARETAKING AND 1381 PROTECTION OF THE FLOCK AND THAT INCLUDES THE DILIGENT AVOIDANCE OF PREDATORS. THE 1382 CITIZENS RESIDING NEAR THIS PROPOSED SITF. CONSIDER LAFARGE AS A PREDATOR, WHICH WILL 1383 ONLY FURTHER PROSTITUTE THE LANDSCAPE. WITH THE EXISTING 1/2 (HALF) DOZEN GRAVEL MINES TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SI`Z'E LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001980 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1384 ALREADY IN OPERATION LOCALLY THE NEED SIMPLY DOES NOT EXIST. THEREFORE DENYING THIS 1385 APPLICATION UNTIL THE TRUE NEED EXISTS WOULD DEMONSTRATE A SENSIBLE DECISION BY THE 1386 COUNTY COMMISSIONERS. THANK YOU. 1387 CHAIRMAN MARTIN - THANK YOU. ANY QUESTIONS? ALRIGHT, 1388 NEXT. 1389 JEAN ALBERICO -- MIMI JERVIS. 1390 CHAIRMAN MARTIN - MIMI. 1391 MIMI JERVIS - HI MY NAMES MIMI JERVIS, I LIVE AT 276 (TWO 1392 HUNDRED SEVENTY-SIX) WOODEN DEER ROAD. MY HUSBAND AND I LIVED IN GARFIELD COUNTY 1393 FOR 33 (THIRTY-THREE) YEARS. WE HAVE WORKED AND PAID TAXES. WE BUILT OUR HOUSE AT 1394 WOODEN DEER UH ABOUT 17 (SEVENTEEN) YEARS AGO THROUGH BLOOD SWEAT AND TEARS. WE 1395 PAINTED OUR HOUSE, DAN DID THE PLUMBING AND HEATING IN OUR HOUSE. WE WORKED OUR 1396 TAILS OFF TO HAVE THIS BEAUTIFUL HOME IN THIS BEAUTIFUL AREA. MY HUSBAND SUFFERS FROM 1397 SOME HEALTH ISSUES. NOISE BOTHERS HIM; HE HAS CONSISTENT HEADACHES. THAT'S 1 (ONE) OF 1398 THE REASONS WE LIVE WHERE WE DO. IT DOESN'T MATTER WHAT STUDIES YOU'VE DONE, THAT 1399 LAFARGE HAS DONE, I KNOW WHAT 1 SEE, I KNOW WHAT I HEAR. I KNOW THE, THE SMELL 1 KNOW 1400 HOW MUCH DUST IS IN MY HOUSE. I STILL LOVE MY HOUSE. I STILL LOVE MY VIEW. BUT THE VIEW 1401 THAT WE HAVE NOW, WE HAVE LAFARGE OVER TO THE RIGHT AND WE HAVE WESTERN SLOPE OVER 1402 TO LEFT AND IN THE CENTER WAS THIS BEAUTIFUL LITTLE FARM THAT KIND A KEPT US ALL SAYING 1403 IF THE COUNTY ALLOWED THIS ALL TO BE 1 (ONE) BIG GRAVEL PIT IT WOULD CERTAINLY CHANGE 1404 UHM OUR VISUAL, OUR, OUR VIEWS, OUR IMPACT OF OUR VIEWS. AND I'M ALSO WORRIED ABOUT 1405 THE DEVALUATION OF MY PROPERTY. UHM AS I AGE I, I CONSIDER THE FACT THAT I MAY HAVE TO TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001981 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1406 SELL MY HOUSE SOME DAY IF ANYTHING SHOULD HAPPEN TO MY HUSBAND AND I WORRY THAT I'M 1407 NOT GOING TO BE ABLE TO DO THAT. UHM, SO I WOULD RESPECTFULLY ASK THAT YOU UH DENY 1408 THE REQUEST. THANK YOU VERY MUCH. 1409 CHAIRMAN MARTIN - ANY QUESTIONS OF MIMI? JEAN DO YOU 1410 HAVE ANOTHER SPEAKER? 1411 JEAN ALBERICO - OH I HAVE MANY MORE. CHUCK VIDAL. 1412 CHUCK VIDAL - THANK YOU. UH 1 LIVE IN WOODEN DEER AND 1 1413 HAVE TALKED TO CDOT AND I HAVE DETERMINED THAT THE PEAK DEMAND FOR GRAVEL IN THE 1414 ROARING FORK VALLEY REALLY EXISTED WHEN UH HIGHWAY 82 (EIGHTY-1'WO) WAS 4 (FOUR) 1415 LANES. AND WITH A DOWNTURN THAT THERE'S BEEN SIGNIFICANT REDUCTION IN DEMAND FOR 1416 GRAVEL IN THE ROARING FORK VALLEY. RESIDENTIAL AND COMMERCIAL CONSTRUCTION IS 1417 DOWN AND IT IS NOT EXPECTED TO INCREASE FOR AT LEAST THE NEXT 5 (FIVE) YEARS. CDOT 1418 SAYS THERE ARE NO MAJOR PUBLIC WORKS PROJECTS ANTICIPATED FOR HIGHWAY 82 (EIGHTY - 1419 TWO) WITHIN THE NEXT 5 (FIVE) YEARS. THE ONLY I (ONE) THAT MIGHT OCCUR 15 THE EXTENDING 1420 OF THE RUNWAY UP IN PITKIN COUNTY. THERE SEEMS TO BE A LOGIC BUST ON THE DEMAND. THE 1421 APPLICANT HAS PROJECTED 350 (THREE HUNDRED FIFTY) TO 500,000 (FIVE HUNDRED THOUSAND) 1422 TONS PER YEAR, UHM, THERE ARE NO PRECISE RECORDS KEPT BY THE COUNTY OR THE STATE ON 1423 GRAVEL PRODUCTION OF THE PITS THAT EXIST IN GARFIELD COUNTY; BUT THROUGH DISCUSSIONS 1424 WITH VARIOUS MANAGERS AND INFORMATION THAT IS PRESENTED IN THE APPLICATION OF THE 1425 BLUE PIT. IT LOOKS, IT APPEARS THAT SEIVERS PIT AT THE HIGH LEVELS OF SOMEWHERE IN THE 1426 NEIGHBORHOOD OF 500,000 (FIVE HUNDRED THOUSAND) TONS PER YEAR, PLUS OR MINUS HAS AT 1427 LEAST A 20 (TWENTY) YEAR SUPPLY AT THAT LEVEL. THE SEIVERS PIT, WHICH IS OWNED BY TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001982 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1428 LAFARGE, UH WAS CLOSED BECAUSE OF LACK OF DEMAND. AT THE CURRENT LEVELS RESERVES 1429 WOULD BE SOMEWHERE IN THE NEIGHBORHOOD OF 10 (TEN) - 20 (TWENTY) YEARS. THE BLUE 1430 WESTERN SLOPE PERMIT UNDER THEIR EXISTING PERMIT OR THEIR EXCUSE ME THEIR OLD PERMIT, 1431 HAD AND COULD SUPPLY GRAVEL AT UHM LEVEL OF 500,000 (FIVE HUNDRED THOUSAND) TONS PER 1432 YEAR FOR THE NEXT 5 (FIVE) TO 8 (EIGHT) YEARS. AT 1TIE PRESENT LEVEL OF PRODUCTION THAT 1433 HAS, THAT HAS EXTENDED TO AT LEAST 50 (FIFTY) TO 100 (ONE HUNDRED) YEARS. SO UH, AND 1434 THERE ARE 6 (SIX) OTHER GRAVEL PITS IN GARFIELD COUNTY. TAKING THE 3 (THREE) GRAVEL 1435 PITS IN THE ROARING FORK VALLEY AND ASSUMING A PRODUCTION LEVEL OF SOMEWHERE IN THE 1436 NEIGHBORHOOD OF 500,000 (FIVE HUNDRED THOUSAND) TONS PER YEAR; THAT WOULD LAST AT 1437 LEAST 50 (FIFTY) YEARS AND THAT IS WITHOUT LAFARGE GRAVEL PIT. AND THE CURRENT 1438 DEMAND, WHICH IS SIGNIFICANTLY LESS THAN THAT, YOU ARE TALKING ABOUT A SUPPLY EQUAL 1439 TO SOMEWHERE IN THE NEIGHBORHOOD OF 100 (ONE HUNDRED) PLUS OR MINUS YEARS. THE 1440 ECONOMIC BENEFITS THAT HAVE BEEN PROJECTED BY THE APPLICANT IN TERMS OF EMPLOYMENT 1441 AND DOLLARS ARE A FUNCTION OF DEMAND AND IF THAT DEMAND IS NOT THERE THEN THEY WILL 1442 NOT BE REALIZED. ALSO THE DEMAND, WHEN IT WAS IN EXISTENCE, AND IF IT IS REJUVENATED 1443 COMES PRIMARILY FROM PITKIN COUNTY. AND WHY DO THE CITIZENS OF GARFIELD COUNTY 1444 HAVE TO SUFFER THE NEGATIVE IMPACTS TO SUPPLY GRAVEL TO THE CONSTRUCTION BUSINESS OF 1445 PITKIN COUNTY? THIS, YOUR DECISION IS A VERY LONG TERM IMPACTED DECISION AND YOU ARE 1446 RESPONSIBLE FOR LOOKING AFTER THE INTERESTS OF ALL OF THE PEOPLE OF GARFIELD COUNTY. 1447 UHM, JUST A PERSONAL NOTE THAT UHM A NUMBER OF TIMES WHEN AFTER LAFARGE BOUGHT 1448 INTO THE EXISTING POWERS PIT WE HAVE ASKED THEM TO DEAL WITH THE NOXIOUS WEEDS AND 1449 HAVE GOTTEN NO POSITIVE RESPONSE. WE'RE TALKING ABOUT CANADIAN THISTLE, CHEAT GRASS 1450 AND THEY HAVE BASICALLY IGNORED THAT PROBLEM ON THE PREFERY OF THEIR OPERATION. AND TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE. 65.48 -ACRES OF A 97.81 -ACRE SETE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001983 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1451 AGAIN IT IS INCONCEIVABLE THAT THIS PIT CAN BE FOUND TO BE COMPATIBLE AND/OR CAN 1452 MITIGATE THE IMPACTS. THANK YOU VERY MUCH. 1453 CHAIRMAN MARTIN - THANK YOU CHUCK, QUESTIONS? NEXT 1454 SPEAKER. 1455 1456 JEAN ALBERICO - CHRIS COYLE. CHAIRMAN MARTIN - No YOU CAN'T SPEAK WITIIOUT THE 1457 MICROPHONE. THE VIEWING AUDIENCE AND THE AND THE INTERNET FOLKS COULDN'T HEAR YOU 1458 OTHERWISE CHRIS. 1459 CHRIS COYLE - MY, TELLS ME THEY PROBABLY COULD. HA, HA. 1460 (CLEARING OF HIS THROAT) WELL I'D, 1ST (FIRST) I'D LIKE TO UH CONGRATULATE UH, UH 1461 LAFARGE ON A VERY PROFESSIONAL VERY, VERY EXCELLENT PRESENTATION OUTLINING ALL THE 1462 DUTIES, ALL THE HOOPS THEY JUMPED THROUGH TO GET TO THIS POINT IN THE PROCESS. UHM, THE 1463 THOUGHT THAT OCCURS TO ME IT'S IS THAT JUST BECAUSE THEY CAN DOESN'T MEAN THEY 1464 SHOULD. FROM MY STANDPOINT AND OBVIOUSLY FROM, FROM WHAT I CONSIDER TO BE SOME OF 1465 THE NICEST PRESENTATIONS I'VE HEARD BY WAY OF PUBLIC COMMENT TO ANY KIND OF A UH 1466 PROJECT IN GARFIELD COUNTY. MY 13 (THIRTEEN) YEARS PRACTICING LAW HERE; I'VE BEEN 1467 MOVED. I'VE BEEN MOVED BY THE WHAT BY WHAT I'VE HEARD; THE TESTIMONY. NOT ONLY THAT 1468 BECAUSE I KNOW THE PEOPLE; I KNOW IT TO BE TRUE. I KNOW IT TO BE THOUGHT OUT. I KNOW IT 1469 TO BE VERY CONSIDERATE. THEY TAKE, THEY TAKE THIS BUSINESS VERY, VERY SERIOUSLY 1470 BECAUSE THEY FEEL AS THOUGH THAT THEIR LIVES AND WHAT THEY HAD PLANNED FOR THEIR 1471 LIVES IS IMMEDIATELY BEING JEOPARDIZED BY THE LAFARGE PROJECT. I CANNOT STRESS THAT 1472 TOO MUCH. FROM OUR STANDPOINT; WHAT WE SEE IS WE SEE A LARGE DIRTY OBNOXIOUS LOUD TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.8/ -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001984 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1473 NEIGHBOR COMING TO OUR NEIGHBORHOOD. UHM, THE ARGUMENT THAT, WELL WE'RE ALREADY 1474 HERE SIMPLY DOESN'T APPLY. IT DOES NOT APPLY IN ANY WAY SHAPE OR FORM. AND, AND NOT 1475 ONLY THAT BUT THE RULES HAVE CHANGED SINCE THE POWERS PIT WENT INTO PLACE. IT IS MY 1476 UNDERSTANDING THE POWERS PIT UH WAS NEVER COUNTY PERMITTED. ESSENTIALLY IT WAS 1477 DEEMED TO BE A NON CONFORMING LEGAL USE OF THE PROPERTY AND WHILE I'M SURE IT DID 1478 HAVE SOME SORT OF VRNG KIND OF A PERMIT AND HAD TO DEAL WITH WHOMEVER THEY HAD TO 1479 DEAL WITH. THE FACT OF THE MATTER IS THAT THIS WAS SORT OF A PREEXISTING USE OF THE 1480 PROPERTY THAT WAS DONE PURSUANT TO A LEASE. A LEASE, WHICH AS I UNDERSTANDS IT, HAS 1481 EXPIRED AND, AND THEY WERE UNABLE TO GET UH CHEMCO POWERS TO EXTEND. HENCE THE 1482 NEXT PROJECT; THE CERISE PIT. Now FROM MY STANDPOINT AND WHAT I WAS ASSIGNED TO 1483 ADDRESS HERE ARE THE VARIOUS PROPOSED CONDITIONS OF APPROVAL THAT WE WOULD REQUEST 1484 YOU ENTERTAIN AND PERHAPS UH PUT INTO PLACE IN THE EVENT THAT UH YOU DECIDE TO 1485 APPROVE THIS PIT. AND I CAN ASSURE YOU THAT THE LAST THING IN THE WORLD I WANT TO SEE IS 1486 THIS PIT APPROVED. BUT IN THE ALTERNATIVE WE DO NEED TO UH ADDRESS THESE THINGS AS A 1487 PART OF OUR PRESENTATION TO YOU. WE WOULD BE REMISS IN NOT DOING SO. THE, THE UH 1488 PROPOSED CONDITIONS OF APPROVAL ARE SET FORTH IN EXHIBIT KK. UH TO YOUR PACKAGE, UHM 1489 I COULD READ THESE TO YOU AND MAYBE I WILL READ THEM TO YOU. IT DOESN'T TAKE THAT 1490 LONG, THEY'RE NOT VERY LONG. UH AT NUMBER 4 (FOUR) UH IT PROVIDES DUST, ODORS AND 1491 FUMES SHALL BE CONTAINED WITHIN THE EXTRACTION SITE OF THE CERISE MINE GENERATING 1492 SUCH EMISSIONS AND SHALL NOT NEGATIVELY AFFECT SURROUNDING LAND USE. FURTHERMORE, 1493 OPERATION OF THE CERISE MINE SHALL NOT EMIT HEAT, GLARE, RADIATION, DUST, PARTICULATE 1494 MATRICULATE MATTER OR FUMES BEYOND THE PERMIT BOUNDARY. THE APPLICANT OR OPERATOR 1495 SHALL NOT ALLOW THE CERISE MINE TO GENERATE DUST TO EXCEED 150 (ONE HUNDRED FIFTY) TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001985 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1496 UNICU.METER OF DUST PER 24 (TWENTY-FOUR) HOUR PERIOD. ALL HAULAGE ROADS WITHIN THE 1497 PIT SHALL BE WATERED 4 (FOUR) TIMES PER DAY UNLESS DUE TO INCLEMENT WEATHER, SNOW OR 1498 ICE, SUCH WATERING 15 NOT REQUIRED. ALRIGHT, LAFARGE'S RESPONSE TO THAT IS; THIS 1499 CONDITION IS NOT NECESSARY BECAUSE IT I5 ADDRESSED THROUGH STAFF CONDITIONS 2 (TWO) 1500 AND 3 (THREE). LAFARGE SHALL COMPLY WITH STATE CDPHE STANDARDS FOR AIR QUALITY, 1501 WHICH INCLUDES LIMITATIONS ON PARTICULATE MATTER. As WE KNOW, THE CDPHE STANDARDS 1502 ARE ESSENTIALLY MAXIMUMS. THEY ARE YOU KNOW HAVE BEEN DERIVED ON, ON YOU KNOW FOR 1503 PRACTICE WHERE GRAVEL PITS WERE NOT NEXT TO RESIDENTIAL AREAS. THE, IF LAFARGE IS 1504 SERIOUSLY SAYING THAT, THAT WE DON'T NEED TO COVER THESE BECAUSE THERE ARE RULES OUT 1505 THERE THAT ABSOLUTELY DO COVER THEM; I SAY FINE. LET'S WRITE IT DOWN; LET'S NOT DRIVE 1506 HOMEOWNERS BACK TO THE BOOKS. LET'S JUST PUT IT RIGHT THERE AND LET, AND LET 1507 EVERYBODY KNOW WHAT THE SCOOP IS. ANY TIME ANY LARGE INDUSTRIAL ENTITY SAYS, YOU 1508 KNOW JUST WANTS TO GIVE A BLANKET AND ARM WAY TO A CODE OR TO A REGULATION OR TO A 1509 WHATEVER. WHAT THAT TELLS YOU IS, IS THEIR BASICALLY BUYING THEMSELVES TIME TO BE 1510 ABLE TO LAWYER UP AND ANSWER TO THE PROBLEM THAT 'S BEEN PRESENTED TO THEM. THEIR 1511 GOAL IS TO PRODUCE; NOT TO COMPLY. THE NEXT ITEM THAT CAME UP THAT WE WANTED TO HAVE 1512 UH INCLUDED IN OUR PROPOSED CONDITIONS OF APPROVAL, RELATES TO NOISE GENERATE FROM 1513 THE OPERATION OF THE CERISE MINE SHALL NOT EXCEED THE RESIDENTIAL ZONE NOISE STANDARD 1514 DEFINED IN COLORADO STATUTES. IT SAYS THAT NOISE SHALL NOT EXCEED 55 (FIFTY-FIVE DESA 1515 FROM 7:00 (SEVEN) A.M. TO 6:00 (SIX) P.M. WHEN MEASURED 25 (TWENTY-FIVE) FEET OUTSIDE THE 1516 PERMIT BARRIER. 1 (ONE) OF THE THINGS THAT'S INTERESTING ABOUT THIS IS THAT NUMBER 1 1517 (ONE) CERISE SAID OF COURSE I CAN'T AGREE TO IT AND NUMBER 2 (TWO), AND ONE OF THE 1518 THINGS I FIND THE MOST INTERESTING ABOUT THIS IS THAT, IS THAT THE NOISE STANDARDS ARE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CI IANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001986 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1519 MEASURED WITH 5 (FIVE) MILES AN HOUR WIND. IF YOU CHECK THE STATUTE THAT'S WHAT 1520 YOU'LL SEE. Now THEN, I CAN ONLY TELL THAT WE EXPERIENCE MORE THAN 5 (FIVE) MILES PER 1521 HOUR WIND CONSTANTLY. AND I CAN ALSO TELL YOU THAT WE CAN HEAR PEOPLE CLEAR THEIR 1522 THROATS JUST ABOUT AROUND OUR PLACE WHEN THE WIND IS BLOWING UH TOWARDS US. I WILL 1523 SHARE WITH YOU THAT I'VE STOOD OUT ON THE 12TH (TWELFTH) TEE AT, AT UH RIVER VALLEY 1524 RANCH GOLF COURSE AND I'VE HEARD THE WSA CRUSHER AND THE POWERS CRUSHER GRINDING 1525 AWAY; THAT'S 3 (THREE) MILES AWAY. BECAUSE GUESS WHAT THE WIND WAS BLOWING HARD, 1526 NOT ENOUGH TO DROWN OUT THE CRUSHERS; BUT YOU COULD STAND THERE AND YOU JUST LISTEN 1527 TO IT. Now THEN, IMAGINE HAVING 2 (TWO) GRAVEL PITS SIDE BY SIDE BOTH RUNNING THEIR 1528 CRUSHERS WITH SOUTH WIND COMING DIRECTLY OVER US, I MEAN WE ARE GOING TO BE A WASH IN 1529 SOUND. WE MIGHT AS WELL INVITE, INVITE LAFARGE TO COME INTO OUR LIVING ROOMS, ONTO 1530 OUR DECKS. THEY ARE TRULY AN OBNOXIOUS NEIGHBOR. I'D ALSO SUGGEST TO YOU THAT WHEN, 1531 IF YOU WOULD LOOK AT THE SOUND STUDIES THAT UN, UH HAVE ATTACHED TO, TO THEIR 1532 APPLICATION; WHAT YOU WOULD SEE IS AN AWFUL LOT OF THEIR EQUIPMENT. RATES AT 100 1533 (HUNDRED) UH DB WHEN IT'S IN OPERATION AND SEAN FRISCH MADE THE STATEMENT THAT, THAT 1534 IT'S KIND OF FUNNY TO HIM THAT, THAT THIS EQUIPMENT CAN ONLY RUN FOR 15 (FIFTEEN) 1535 MINUTES AT A TIME. WELL I WILL SHARE WITH YOU THERE'S REASON FOR THAT AND THE REASON 1536 FOR THAT IS WITHOUT HEARING PROTECTION MORE THAN 15 (FIFTEEN) MINUTES EXPOSURE TO 1537 THAT KIND OF NOISE WILL DEAFEN YOU. IT WILL DAMAGE YOUR HEARING. (COUGH) WE'D ALSO 1538 REQUESTED THAT THE APPLICANT INSTALL AND MAINTAIN MONITORING DEVICES WHICH ARE 1539 CAPABLE OF MEASURING THE AMOUNT OF PARTICULATE MATTER OR OTHER AIR POLLUTANTS 1540 OCCURRING AT THE PERMIT BOUNDARY AND WHICH TRANSMITS THE DATA SO DESIGNATED TO OFF 1541 SIGHT COMPUTERS. SIMILARLY THE APPLICANTS SHALL AT ITS EXPENSE INSTALL AND MAINTAIN TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001987 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1542 MONITORING DEVICES, WHICH ARE CAPABLE OF MEASURING SOUND LEVELS AT THE PERMIT 1543 BOUNDARY AND TRANSMITTING DATA TO DESIGNATED OFFSITE COMPUTERS WHERE MEASUREMENT 1544 OF AIR QUALITY OR NOISE INDICATE THE ALLOWABLE LEVELS ARE BEING EXCEEDED THE 1545 APPLICANT SHALL IMMEDIATELY CEASE OPERATIONS UPON BEING NOTIFIED BY THE COUNTY UNTIL 1546 SUCH TIME AS IT IS DETERMINED BY COUNTY REPRESENTATIVES IN CONSULTATION WITH A 1547 DESIGNATED REPRESENTATIVE CRYSTAL SPRINGS COALITION. THE CONDITIONS HAVE CHANGED 1548 OR CORRECTED MEASURES HAVE BEEN IMPLEMENTED WHICH ALLOW OPERATIONS TO CONTINUE IN 1549 COMPLIANCE WITH AIR QUALITY AND NOISE STANDARDS. OF COURSE LAFARGE CAN'T, YOU KNOW 1550 CANNOT AGREE TO THAT CONDITION BECAUSE, BECAUSE THAT'S JUST TOO MUCH FOR THEM. THEY 1551 JUST CAN'T DO IT. Now THEN I WAS, YOU KNOW I'M ALWAYS IMPRESSED WHENEVER I SEE A, A, A 1552 MAJOR INTERNATIONAL CORPORATION WITH WORLDWIDE OPERATIONS UH AND, AND, AND ALL THE, 1553 ALL THE MONEY THAT THEY CAN PUT TOGETHER TO, TO BE ABLE TO GET AN APPLICATION. THE 1554 ISSUE FOR ME IS; IS WHY CAN'T THEY SPEND A LITTLE MORE MONEY AND DO IT RIGHT GOING 1555 FORWARD? I MEAN SIMPLY PROVIDE THE MONITORING THAT, THAT OUR ENVIRONMENT, OUR 1556 ECONOMY, OUR PEOPLE IN CONTACT WITH THIS OPERATION EXPECT A NEED. I MEAN IF YOU LOOK 1557 AT, IF YOU LOOK AT WHERE WE WERE UH BEFORE, BEFORE THE PROPOSED UH LAFARGE PROJECT 1558 UHM AND YOU LOOK AT THE LAND THAT, THAT SCOTT RYDER CAME BEFORE THIS COMMISSION 1559 AND UH ASKED THAT YOU HAVE APPROVED FOR A SUBDIVISION; THE PREVIOUS USE OF THIS UH HAD 1560 BEEN UH TO PROVIDE ARCHERY PRACTICE UH FOR THE PREVIOUS OWNER. THEY HAD WOODEN 1561 DEER'S ALL OVER THE PLACE AND THEY WOULD SNEAK UP ON THEM AND THEY WOULD SHOOT 1562 THEM WITH THEIR ARROWS AND THAT WAS A GOOD THING TO DO. THEY RAN CATTLE UH ALL OVER 1563 IT AND THAT WAS THAT. WELL THERE'S BEEN A SIGNIFICANT CHANGE. OBVIOUSLY AND WE NEED 1564 TO ADDRESS THAT CHANGE AND THIS IS CLEARLY WITHIN THE POWER OF LAFARGE TO 00 IF THEY TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001988 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1565 WISH. You KNOW I DON'T BLAME THEM FOR NOT WANTING TO DO IT. I REALLY DON'T. I MEAN 1566 THEY, THEY HAVE, AS ALL BIG COMPANIES DO, THEY HAVE PERIMETERS. MAYBE SOME MORE, 1567 MAYBE MORE LAFARGE THAN NEARLY ANYBODY ELSE AROUND HERE. THEY HAVE PERIMETERS 1568 THAT THEY DO NOT WISH TO EVER AGREE TO BECAUSE WHAT THAT MEANS THEN IS IT COULD BE 1569 USED AS A PRECEDENT. A PRECEDENT THAT WOULD REQUIRE THEM, AT EVERY OPERATION, TO PUT 1570 IN THIS KIND OF MONITORING. AND THEY REALLY DON'T WANT T GO THERE AND I DON'T BLAME 1571 THEM FOR NOT WANTING TO GO THERE BECAUSE, BECAUSE IT'S SIMPLY I (ONE) MORE THING. 1572 I(ONE) MORE THING THAT THEY HAVE TO DO. AND THEY JUST, YOU KNOW, THAT'S NOT HOW YOU 1573 MAKE MONEY. (SIGH) THE NEXT (SIGH) THING WE ASKED ABOUT AND THIS, THIS DOVETAILS IN 1574 WITH WHAT UH CHUCK VIDAL HAD TO SAY. UH WE HAD REQUESTED ALL NOXIOUS WEEDS AS 1575 LISTED BY THE COUNTY VEGETATION MANAGEMENT SHALL BE CONTROLLED IN ANY AREAS OF THE 1576 PROPERTY NOT BEING ACTIVELY MINED AT THAT TIME. INCLUDING TOPSOIL PILES AND AREAS 1577 WHERE MINING HAS BEEN DISCONTINUED FOR MORE THAN 30 (THIRTY) DAYS. I WILL SHARE WITH 1578 YOU THAT, THAT UH, UH CHUCK AND HIS FAMILY ARE, ARE WEED HAWKS. LAUGHING; THEY 1579 REALLY ATTEND TO THIS STUFF AND, AND UH AS A PART OF, AS A PART OF TRYING TO UH, UH DO 1580 SOMETHING TO KEEP UH, UH WOODEN DEER SUBDIVISION FROM BEING OVERRUN WITH ALL THESE 1581 NOXIOUS WEEDS THAT THEY HAVE HAD A UH,UH COUNTY REPRESENTATIVE COME OUT AND DO A 1582 SURVEY OF THE ENTIRE SUBDIVISION. AND WHAT THAT COUNTY REPRESENTATIVE BASICALLY 1583 SAID, WHICH DIDN'T SATISFY CHUCK AND LINDA VIDAL AT ALL, WAS IS THAT THIS IS I (ONE) OF 1584 THE BEST LOOKING PIECES OF PROPERTY THEY HAVE SEEN IN GARFIELD COUNTY. LAUGHING; YOU 1585 BASICALLY HAVE NO WEEDS, AT LEAST NOTHING OF ANY SIGNIFICANCE. Now THEN, IF WE OPEN UP 1586 ANOTHER STRIP MINE AND, AND WE UH AND WE PUT UP BIG BERMS THAT DON'T GET VEGETATED, 1587 AS WE ALL KNOW YOU KNOW THEY FILL UP WITH WEEDS. THEY FILL UP WITH WEEDS TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF TIFE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE. TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001989 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1588 IMMEDIATELY. AND YOU CAN YOU KNOW YOU CAN SPRAY HERE AND YOU CAN SPRAY THERE BUT 1589 ESSENTIALLY WHAT WE'VE CREATED IS WE'VE CREATED A SEEDBED. THAT WILL, THAT WHEN THE 1590 WIND BLOWS AND CARRIES NOT ONLY THE SOUND BUT THE WEEDS; WOODEN DEER WILL PAY. 1591 WOODEN DEER IS THE 1 (ONE) THAT'S GONNA GET TO GO FIGHT THE WEEDS TO KEEP THE WEEDS 1592 AWAY FROM THEIR PROPERTY SO THAT THEY WILL NOT BE OVERRUN. NOW REFERENCE TO (SIGH) 1593 ANOTHER PROPOSED CONDITION WHICH IS UH 9 A (NINE) OR 1 OA (TEN) RATHER. WE'VE 1594 REQUESTED THAT THE HOURS OF OPERATION BE CUT DOWN FROM 7:00 (SEVEN) A.M. TO 5:00 (FIVE 1595 P.M. MONDAY THROUGH FRIDAY AND WITH HEAVY HAULING FROM 7:00 (SEVEN) A.M. TO 5:00 1596 (FIVE) P.M. ON SATURDAY AND CRUSHING AND DIGGING FROM 8:00 (EIGHT) A.M. TO 5:00 (FIVE) 1597 P.M. ON SATURDAY. THERE SHOULD BE NO OPERATIONS ON SUNDAY EXCEPT IN THE CASE OF AN 1598 EMERGENCY OR FOR STANDARD MAINTENANCE PURPOSES. UHM THE ISSUE HERE AS MUCH FOR US 1599 IS, IS IF THIS THING IS PERMITTED, ONCE AGAIN WE, WE ARE HAVING THEM THRUST INTO OUR 1600 HOMES, WE ARE NOT UH BEING IN OUR VIEW BEING ABLE TO DO ANYTHING ABOUT IT. NOT REALLY; 1601 I MEAN THE NOISE IS THERE, THE DUST IS THERE, THE SMELL IS THERE. UH AT LEAST WE'D LIKE TO 1602 GET A LITTLE RELIEF AS TO HOW LONG IT'S GONNA HAPPEN. SOMETHING WE CAN KIND A COUNT 1603 ON. Now IN REFERENCE TO 10B (TEN) IT SAYS ALL TRUCK OPERATING THE PIT INCLUDING 3RD 1604 (THIRD) PARTY TRUCKS NOT OPERATED BY OWNER OPERATOR; SHALL BE SUBJECT TO THE 1605 FOLLOWING. AND THEN WE LIST ALL THESE VARIOUS CONDITIONS AND UHM UHM LAFARGE HAS 1606 AGREED TO SOME OF THEM; BUT THE, BUT THE BOTTOM LINE ON THE DEAL IS THAT THEY HAVE NOT 1607 AGREED TO UH JAKE BRAKING ISSUE UH. THEY HAVE SAID AND OR TO UHM SILENCER ISSUE ON THE 1608 BACK UP BEEPERS. ALTHOUGH SEAN SAID THEY DID; THEIR COMMENTS INDICATE THAT,THAT 1609 THEY'RE NOT AGREEING TO THIS. A BOTTOM LINE DEAL IS, IS LAFARGE IS NOT HELPLESS. 1610 LAFARGE CAN HAVE 3RD (THIRD) PARTY VENDORS COME IN TO THEIR PLACE. IF THEY HEAR A TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001990 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1611 BACKUP BEEPER ON THE TRUCK; ALL THEY HAVE TO DO IS SAY YOU KNOW IF YOU WANT TO COME 1612 BACK CHANGE OUT YOUR BEEPERS. IT'S NOT GOING TO BREAK YA, JUST DO IT, WE HAVE TO DO IT. 1613 SO WE CAN DO THAT. AS TO JAKE BRAKING; SAME DEAL. IF THE, IF TRUCK DRIVERS, INDEPENDENT 1614 CONTRACTORS CANNOT KEEP THEMSELVES FROM, FROM UH USING THEIR, USING THEIR ENGINES TO 1615 SLOW THEMSELVES DOWN; UHM LAFARGE IS ADVISED AND THEY SIMPLY TELL THE PEOPLE IF YOU 1616 CAN'T DO BETTER THAN THAT YOU CAN'T COME HERE. I SUSPECT THAT ALL OF THOSE FELLAS WILL 1617 BE ABLE TO DO IT WELL; ALL THEY HAVE TO DO IS TO BE TOLD. AND IT'S NOT BEYOND LAFARGE TO 1618 TELL THEM. I'M NOT GONNA DEAL W ITI ! THE BONDING REQUIREMENTS UH THAT IN THERE. IT'S 1619 JUST KIND A LASTING A LITTLE BIT LONG. UHM, AND I'VE DEALT WITH THE TRUCKS, THE VARIOUS 1620 ISSUES ON THAT ARE THERE. UHM PARAGRAPH 15 (FIFTEEN), WHICH I THINK IS IMPORTANT UHM IN 1621 OUR PROPOSED CONDITIONS PROVIDES THE BOCC SHALL HAVE THE POWER UPON GOOD CAUSE 1622 BEING SHOWN TO REVOKE OR TO MODIFY THE PERMIT IF THE APPLICANT FAILS TO COMPLY WITH 1623 THESE CONDITIONS OF APPROVAL OR ANY OTHER APPLICABLE COUNTY REGULATION. To REQUIRE 1624 A CERTAIN CORRECTIVE MEASURES TO BE TAKEN TO DIRECT THE COUNTY STAFF OR ITS AGENTS TO 1625 ENTER UPON THE PREMISES AND TO TAKE CORRECTIVE MEASURES REQUIRED BY THE BOARD, TO 1626 IMPOSE NEW OR ADDITIONAL CONDITIONS,, STANDARDS, OR RESTRICTIONS, TO ADDRESS 1627 ENVIRONMENTAL CONCERNS OF NEIGHBORHOOD, OF NEIGHBORHOOD CONCERNS ESPECIALLY AS 1628 REQUIRED FOR PUBLIC CONSIDERATION OF HEALTH, SAFETY AND WELFARE. OR TO ACHIEVE THE 1629 OBJECTIVES AND PURPOSES OF THE ORIGINAL PERMIT OR TO BEGIN THE PERMIT OR TO BRING THE 1630 PERMIT INTO COMPLIANCE WHETHER THEY ARE LAWS OR REGULATIONS, REGULATING PERMITS TOO 1631 OR USES OF THE SITE, THE COST OF ANY REQUIRED CORRECTED MEASURES SHALL BE ASSESSED 1632 AGAINST THE OPERATOR. LAFARGE'S RESPONSE TO THIS IS; LAFARGE FEELS THAT THIS AUTHORITY 1633 IS WRITTEN INTO THE GARFIELD COUNTY LAND USE CODE. IT APPEARS THAT THIS CONDITION TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.8 I -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001991 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1634 WOULD BE REPETITIVE AND COULD CAUSE FUTURE CONFUSION BETWEEN THE CODE AND THE 1635 CONDITION. I'D OFFER YOU A LITTLE, A LITTLE SOMETHING ELSE ON THAT. I'D SIMPLY SAY IF 1636 YOUR GONNA DO IT; WHY NOT JUST SAY IT. IT MAKES IT EASY. AND NOT ONLY THAT BUT IN THE 1637 ALTERNATIVE YOU KNOW CITIZENS SHOULD NOT BE REQUIRED TO LAWYER UP TO YOU KNOW TO DO 1638 THE THINGS THAT, THAT UH, UH ARE RIGHT THERE. SO THEY CAN UNDERSTAND WHAT THEIR 1639 RIGHTS ARE. AND MY CONCERN IS WITH THIS 15 TF WE LEAVE IT TO THE CODE WHICH AS I 1640 UNDERSTAND IT IS, IS ;N THE PROCESS OF BEING REVISITED EVEN AS WE SPEAK. WE DON'T KNOW 1641 WHAT THE RULES ARE GOING TO BE GOING FORWARD AND WE WOULD LIKE TO HAVE SOMETHING 1642 THAT TELLS US EXACTLY WHAT IT IS THAT, THAT LAFARGE IS GOING TO BE HELD TO AND THAT 1643 WE'RE GOING TO BE ABLE TO BRING TO YOUR ATTENTIONS. (COUGH) FINALLY WE HAVE 1644 REQUESTED A UH A CONDITION THAT SAYS NEITHER TEMPERING NOR 1645 BEEPING IN BACKGROUND -AUDIO SYSTEM SHUT DOWN 1646 CHAIRMAN MARTIN - You MAY CONTINUE, IGNORE IT. ALRIGHT. 1647 CHRIS COYLE - OKAY. NEITHER, NEITHER TEMPORARY NOR 1648 PERMANENT ASPHALT OPERATIONS SHALL BE ALLOWED WITHIN THE PERMIT BOUNDARY. UH THE 1649 OBVIOUS REASON FOR THAT 1S, IS THAT, THAT UH, UH ASPHALT OPERATIONS, 1 (ONE) OF THE MOST 1650 OBNOXIOUS ASPECTS OF ANY GRAVEL PIl' OPERATION; YOU KNOW BURNS YOUR EYES, IT BURNS 1651 YOUR NOSE, SMOKE IN THE AIR YOU KNOW AND I KNOW THAT PEOPLE WILL SAY WELL THAT'S JUST 1652 A POOR RUNNING ASPHALT PLANT. AND THE ANSWER IS, IS THEY ALL RUN POLAR FROM TIME TO 1653 TIME AND WE SHOULDN'T BE BURDENED WITH THAT. THERE ARE OTHER PLACES TO ASPHALT, 1654 MAKE ASPHALT UP; I'LL TALK TO GREG 'ZIPPY ABOUT IT, SEE IF HE CAN'T FIND SOMEPLACE ELSE 1655 OTHER THAN THIS...[NAUDIBLE...THOSE ARE THE CONDITIONS THAT ARE INCLUDED; WE'VE, WE'VE 1656 REQUESTED UH BE ENTERED IF A PERMIT IS BE GRANTED. I BEG YOU NOT TO GRANT PERMIT FOR TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 1 1 CV214 - 001992 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1657 ALL THE REASONS THAT HAVE BEEN CITED AND ALL THE GOOD PEOPLE THAT HAVE TAKEN THE 1658 TIME TO COME HERE AND TO, AND TO GIVE YOU THEIR HEARTFELT TESTIMONY. THEIR TRUE 1659 TESTIMONY. UHM, UHM LAFARGE,LAFARGE WILL, WILL WITHSTAND THE DISAPPOINTMENT OF, OF 1660 NOT GETTING THIS APPLICATION AND THE CERISE'S WILL ALWAYS HAVE THEIR PROPERTY 1661 AVAILABLE FOR GRAVEL DEVELOPMENT AT SUCH TIME AS IT I5 NEEDED. THANK YOU. 1662 CHAIRMAN MARTIN - ANY QUESTIONS? THANK YOU SIR. 'SHO IS 1663 NEXT? 1664 JEAN ALBERICO - CHRIS STEUBEN. 1665 CHRIS STEUBEN -HI MY NAME IS CFIRIS STEUBEN I'M UH 1666 GLENWOOD RESIDENT. I LIVE AT 156 (ONE HUNDRED FIFTY-SIX) ROAD HERE iN TOWN. LIFE LONE 1667 RESIDENT HERE; MY FAMILY HAS BEEN HERE MANY GENERATIONS AND UH I KNOW THE CERISE'S 1668 PERSONALLY AND UH I HAVE TO DISAGREE WITH SOME PEOPLE THAT I THINK THE RIGHT OF THE 1 1669 (ONE) IS MORE IMPORTANT THAN THE RIGHT OF THE MANY. THAT'S WHAT I HAVE A DISPUTE THERE 1670 BUT UHM. 1671 SOMEONE IN THE AUDIENCE ASKED TO HIM TO SPEAK LOUDER 1672 PLEASE. 1673 CHRIS STEUBEN - OKAY I'LL TRY NOT TO YELL AT IT AND BECOME 1674 AN ECKLING IN MY EARS HERE. BUT UH THIS LANDS BEEN ZONED FOR THIS USE FOR MANY YEARS 1675 AND UHM THE PEOPLE THAT BUILT THEIR HOMES IN THIS AREA UH DID SO KNOWINGLY. UHM I UHM 1676 I WORK AT THE POWERS PIT AND HAVE FOR 10 (TEN) YEARS. I'VE SPENT MY LIFE, WELL ALMOST 1677 THE LAST 40 (FORTY) YEARS IN THE MINING INDUSTRY IN THE VALLEY. SO I'M UH VERY AWARE OF 1678 HOW THINGS WORK. UHM I THINK THAT THE, THE CERISE RANCH PIT IS AN ECOLOGICALLY SOUND TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 001993 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1679 MOVE FOR THE COUNTY. UHM THERE'S VERY THICK BED OF GRAVEL IN THIS AREA AND HAS BEEN 1680 FOR MANY YEARS SO. THE POWERS PIT HAS BEEN THE WORK HORSE IN THE VALLEY FOR ALMOST 1681 40 (FORTY) YEARS AND UHM 1 (ONE) OF THE THINGS THAT STRIKES ME TS PEOPLE SAY HOW I'VE 1682 BUILT HERE, I'VE BUILT HERE, I'VE BUILT HERE. WELL THEY'VE DONE 1T WITH THE GRAVEL OUT 1683 AT THE POWERS PIT. THEIR FOUNDATIONS, THEIR DRIVEWAYS; UI -1 WE ALL RELY ON THAT 1684 RESOURCE IN MORE WAYS THAN WE KNOW. UHM UNFORTUNATELY IT'S, IT'S REACHED THE END OF 1685 ITS LIFE CYCLE AND WE'RE ARE RECLAIMING IT AS WE SPEAK. UH, UH THERE HAS TO BE A RE, A 1686 REPLACEMENT FOR THIS PIT: UHM I DON'T KNOW WHERE SOME PEOPLE GET THEIR NUMBERS FROM 1687 BUT I, I WORK WITH IT DAY TO DAY AND I SEE EXACTLY HOW MUCH GRAVEL GOES OUT AND IT'S A 1688 QUANTITY THAT I DON'T THINK PEOPLE HERE UNDERSTAND. UHM, UH I THINK THAT THE CERISE 1689 PLANT, PIT IS A UH, UH GOOD LOCATION TO HIGHWAY 82 (EIGHTY-TWO). THERE'S NO RADICAL 1690 ROADS BUILT UH, MOST OF THE TRAFFIC WILL GO FROM THE PIT RIGHT TO THE HIGHWAY. UHM 1 1691 DON'T THINK IT WENT BACK PEOPLE AS FAR UH AS YOU KNOW BIG TRUCKS GOING DOWN A 1692 WINDING ROAD UH FOR MILES AND MILES. AND WHICH WE'VE DONE IN THE PAST WITH THE RED 1693 STONE MINE, THE ASPHALT MINE ALL THESE OTHER MINES AND ALL THESE ROADS BUILT AROUND 1694 HERE ARE FROM OUR MINING OPERATIONS IN THE PAST. AND UHM I'D LIKE TO EMPHASIS UH THAT 1695 GRAVEL PITS ARE A GOOD THING, THEY'RE NOT A DEAD ZONE, THERE NOT, THERE'S A LOT OF 1696 ACTIVITY. THERE'S A LOT OF CRITICAL ACTIVITY FOR ALL OF US IN THESE, IN THE GRAVEL PIT. 1697 UHM YOU KNOW WHEN UH, JUST SAY YOU ROLLED A ... (DO NOT UNDERSTAND WORD)..... ROAD; 1698 ALL THAT STUFF HAS TO GO SOMEWHERE. JUST LIKE LAST YEAR IN TOWN HERE, THEY ROLLED UH 1699 MAIN STREET, WENT TO SEWERS PIT WHERE IT'S SORTED AND RESOLD. REDISTRIBUTED IN THE 1700 COUNTY. UHM, I THINK RECYCLING OF SOLID WASTE IS A VERY IMPORTANT ASPECT OF A, A 1701 GRAVEL PIT. IT RELIEVES A LOT OF, IT RELIEVES A LOT OF PRESSURE ON THE LANDFILLS AND IT'S, TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACPION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001994 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1702 IT'S A CONSTRUCTIVE USE OF, OF BUILDING MA`I ERIAL. AND 1 (ONE) OF THE THINGS THAT PEOPLE 1703 REALLY UHM OVERLOOK IS UHM HOW ESSENTIAL UHM THE GRAVEL PIT IS IN A TIME OF DISASTER. 1704 UH LAST YEAR WE HAD MUD SLIDE AT THE SCENIC OVERLOOK THERE IN CARBONDALE. AND IT 1705 WAS A PRETTY BIG MESS BUT THERE AGAIN; WHERE DOES IT GO? UHM WE TOOK 50 (FIFTY) TO 60 1705 (SIXTY) LOADS OF, OF IT WAS UII PRETTY MUCH OOZY MUD; I3UT LUCKILY WE HAD A PLACE WHERE 1707 WE COULD DEPOSIT IT AND LET IT DRY OUT AND, AND WORK IT BACK INTO A, A REUSABLE 1708 PRODUCT. UHM AND LAST YEAR WHEN THE UH ROCKS CAME DOWN IN THE CANYON; NOW THE 1709 PHONES WERE VERY BUSY AT OUR PIT. Do YOU HAVE THIS PRODUCT, WHAT CAN WE USE HERE, CAN 1710 WE FIX THIS. IT'S A MATTER OF UH OF MAKING THINGS RIGHT UH AGAIN AND TAKING CARE OF 1711 PEOPLE. THIS YEAR UHM WITH THE HIGH WATER WHICH I DON'T THINK WE'RE OVER YET; UHM, 1712 WE'VE DONATED UH SAND FOR SANDBAGGING AND, AND TRY TO SUGGEST MATERIALS TO HELP 1713 PEOPLE GET THROUGH THEIR PROBLEMS, CEMENT BLOCKS AND THINGS LIKE THAT. UHM I DON'T 1714 THINK THAT PEOPLE REALIZE THAT UHM 6 (SIX) CITIES AND 4 (FOUR) COUNTIES DEPEND ON 1715 MATERIALS FROM THESE GRAVEL PITS IN CARBONDALE. WE SERVICE ALL THE COUNTIES, UHM 1716 PITKIN, EAGLE, GARFIELD, AND EVEN GUNNISON COUNTY UP IN MARBLE. AND ALL THE TOWNS IN 1717 THE VALLEY RELY ON US FOR ADEQUATE BUILDING MATERIALS. UHM I THINK UH THE PITS HERE 1718 ARE IMPORTANT, VERY IMPORTANT TO THE. ECONOMY IN THE AREA. THEY PROVIDE JOBS NOT ONLY 1719 FOR THE PEOPLE THAT WORK FOR LAFARGE BUT UHM A LOT OF INDUSTRIES, LANDSCAPERS, 1720 CONTRACTORS, HUNDREDS AND HUNDREDS OF PEOPLE. JUST EVERYDAY PEOPLE COUNT ON US FOR 1721 THEIR PROJECTS. UHM AND THE PROXIMITY TO THIS RESOURCE IS VERY IMPORTANT. UHM I THINK 1722 THAT UH YOU KNOW AS FAR AS THE INFRASTRUCTURES OF THF CITIES AND UH AGAIN WE REPAIR 1723 THINGS; THE COSTS ARE IMPERATIVE. AND IF YOU HAVE TO TRUCK THIS STUFF FROM DOWN 1724 VALLEY, GRAND JUNCTION EVEN AND SOMETIMES THE QUANTITIES WHAT WE'RE TALKING ABOUT; TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001995 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011. 1725 WOULD STAGGERING THE AMOUNT OF MONEY YOU WOULD HAVE TO SPEND JUST MAKE TO MAKE A 1726 NORMAL REPAIR. AND AFTER WATCHING, SEEING YOUR WEBSITE YOU GUYS HAVE GOT SOME 1727 PRETTY GOOD REPAIRS FROM WATER ALREADY. AND UHM I THINK THAT UH KEEPING, KEEPING 1728 THIS RESOURCE ACCESSIBLE IN OUR VALLEY IS IMPERATIVE. UHM JUST TO KEEP THE COSTS OF THE 1729 REPAIR AND MAINTENANCE DOWN IF NOTHING ELSE BESIDES TIIE NEW PROJECTS. AND UHM I 1730 THINK THE LAFARGE IS A UHM, UHM A GOOD COMPANY AND THEIR UH WE'RE VERY FORTUNATE TO 1731 HAVE A COMPANY OF THEIR SIZE AND UH THEIR STATURE WILLING TO INVEST IN OUR VALLEY. I 1732 THINK IT'S VERY IMPORTANT TO US ALL. ITS CAPABILITIES AND RESOURCES ARE OFTEN NEEDED ON 1733 LARGER PROJECTS. UHM GRAND AVENUE IS GOOD EXAMPLE HERE A FEW YEARS AGO WHEN YOU 1734 HAVE TO HAVE 30 (THIRTY) OR 40 (FORTY) MIXERS WORKING; THEY HAVE THE RESOURCES TO BE 1735 ABLE TO TAKE ON THOSE JOBS. AND IT'S PRETTY IMPORTANT TO EVERYBODY. UHM AND FROM MY 1736 EXPERIENCE WITH THEM OVER THE LAST 10 (TEN) YEARS UHM THEY'RE COMMITTED, COMMITTED 1737 TA PRODUCING QUALITY PRODUCTS. UHM THEY TEST THEIR PRODUCTS, THEY'RE IN COMPLIANCE, 1738 THEY UH ARE REALLY ADAMANT ABOUT PRODUCING GOOD MATERIAL. AND I THINK THAT IS 1739 IMPORTANT TO EVERYBODY HERE THAT GOES ACROSS A BRIDGE OR DOWN A ROAD, OR DEPENDS ON 1740 A UH UH WATER LINE OR ANYTHING ELSE. IT'S IMPORTANT TO HAVE GOOD PRODUCTS. AND UHM 1741 FROM MY PERSPECTIVE, WHICH IS RIGHT IN THE MIDDLE OF THAT POWERS PIT; THEY'RE DOING A 1742 GOOD JOB ON RECLAIMING. THERE THE ENGINEERS ARE MAKING SURE EVERYTHING'S COMPACTED 1743 PROPERLY, PLACED PROPERLY AND THINGS ARE DONE RIGHT. AND I THINK THAT'S IMPORTANT 1744 TOO. UHM THEY ARE VERY ENVIRONMENTALLY CONSCIENCE AND THEY'RE VERY PROACTIVE 1745 ABOUT IT IN TRAINING AND TEACHING AND MAKING SURE EVERYBODY KNOWS WHAT'S GOING ON 1746 WHAT TO DO AND WHAT NOT TO DO AS FAR AS UH SPILLS AND DUST CONTROL AND THINGS LIKE 1747 THAT. AND NOBODY'S PERFECT; THERE'S DAYS WHEN YOU HAVE A LOT OF WIND AND YOU'RE NOT TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001996 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1748 GONNA TO STOP, YOU'RE NOT GONNA STOP THINGS FROM BLOWING. NEVER HAVE. UHM AND 1749 ANOTHER THING I'D LIKE TO BRING UP IS LAFARGE IS UH DONATES A LOT OF MONEY UH TO 1750 CHARITIES HERE. As YOU WELL KNOW TOM WITH THAT UH UHM SKI DAY. 1 O'S (TEN'S) OF 1,000's 1751 (THOUSANDS) OF DOLLARS TO CHARITIES YOU KNOW AND THEY PARTICIPATE IN ALL THE SPECIAL 1752 EVENTS AND DONATE TIME AND MATERIALS AND, AND TRY TO BE A GOOD NEIGHBOR IN THAT 1753 ASPECT. AND UH SOME PEOPLE SAY IT'S JUST GOOD PR BUT I THINK IT IS JUST GOOD. AND UHM 1 1754 THINK THAT UHM THIS IS A GOOD LOCATION WITH A GOOD COMPANY AND IT SHOULD PROFIT US 1755 ALL. AND UH I THINK THAT UH IT'S LIKE 1 SAY AGAIN AN ECOLOGICALLY RESPONSIBLE AREA TO 1756 MINE BECAUSE OF THE, THE, THE RESOURCES THERE. AND GREAT QUANTITY AND YOU DON'T HAVE 1757 TO TEAR UP A LOT OF PROPERTY OR A LOT OF AREA TO SUSTAIN THE NEEDS OF THIS VALLEY. AND I 1758 WOULD LIKE TO SEE THE CERISE'S UFI LAND OVER RIGHTS UPHELD AND UH THANK YOU VERY 1759 MUCH. 1760 CHAIRMAN MARTIN — THANK YOU ANY QUESTIONS. AT THIS 1761 MOMENT WE WANT TO TAKE A BREAK. WE WANT TO TAKE A BREAK FOR ABOUT 5 (FIVE) OR 6 (six) 1762 MINUTES AND THEN WE'LL COME BACK. How MANY MORE SPEAKERS DO YOU HAVE? 1763 JEAN ALBERICO — WE'RE HALF WAY THROUGH THE LIST. 1764 CHAIRMAN MARTIN — ALRIGHT, THANK YOU VERY MUCH. WE'LL 1765 TAKE A FEW MINUTES AND THEN WE'LL COME BACK. 1766 CHAIRMAN MARTIN — WE WOULD LIKE TO CONTINUE. UHM WITH 1767 UH TESTIMONY FROM THE PUBLIC BUT COUNSELOR I UNDERSTAND AND REVIEW THAT THERE ARE 3 1768 (THREE) ISSUES ON THE EXHIBIT LIST THAT WE NEED TO CORRECT IN FRONT OF EVERYBODY. AND TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001997 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1769 THAT HAPPENS TO BE; WE HAVE 3 (THREE) EXHIBITS THAT ARE LISTED BUT THERE ARE, THERE'S 1770 NOTHING THERE. SO CAN YOU IDENTIFY THOSE? 1771 CAREY GAGNON - THAT'S CORRECT, SO THE EXHIBIT LIST THAT WE 1772 WERE ORIGINALLY PROVIDED BY STAFF ENDS AT LL. UHM WE'VE ADDED 3 (THREE) ADDITIONAL 1773 EXHIBITS TODAY BUT THAT STARTED AT PP, AND SO WE ARE MISSING EXHIBIT MM, NN AND 00. 1774 SO WE WILL LEAVE THOSE BLANK AND THERE ARE NO EXHIBITS FOR THOSE 3 (THREE) THINGS. 1775 THERE'S NOTHING MISSING FROM THE RECORD. 1776 CHAIRMAN MARTIN - OKAY AND THERE WAS ALSO A, A LIST THAT 1777 THERE WAS AN EXHIBIT THAT HAD BEEN SUBMITTED BY AN INDIVIDUAL. 1778 CAREY GAGNON - YES. 1779 CHAIRMAN MARTIN - AND THAT'S WITH PHOTOGRAPHS AND WE 1780 HAVE IDENTIFIED THAT AND ADDED THAT TO THE LIST. AM I CORRECT? OR DO WE NEED TO TAKE 1781 ACTION TO DO SO? 1782 CAREY GAGNON - You STILL NEED TO TAKE ACTION IT'S BECAUSE 1783 ..INAUDIBLE... 1784 CHAIRMAN MARTIN - AND WOULD YOU IDENTIFY THAT EXHIBIT SO 1785 THAT WE CAN DO SO? AND THAT'S A LETTER FROM... 1786 JEAN ALBERICO - A, A LETTER FROM CONNIE MCCRUDDEN BUT 1787 THERE ARE NO PICTURES, IT'S JUST SIMPLY THE LETTER, SHE JUST SAID SHE MAILED IT. 1788 CHAIRMAN MARTIN - CONNIE WE DON'T HAVE ANY PICTURES. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 001998 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1789 JEAN ALBERICO - SHE SAID SHE MAILED THE PICTURES. 1790 CONNIE MCCRUDDEN -1 HAND DELIVERED IT TO 1791 THAT....INAUDIBLE ...RIGHT THERE AND PUT IN ON JANKOVSKY'S LETTER BOX. 1792 COMMISSIONER JANKOVSKY - OH I JUST, I JUST THOUGHT THAT 1793 HAD BEEN DISTRIBUTED TO EVERYBODY. BUT I DID READ YOUR LETTER, BUT I DIDN'T REALIZE I 1794 NEEDED TO DISTRIBUTE THAT ALSO. I APOLOGIZE. 1795 CONNIE MCCRUDDEN - YOU DIDN'T REALIZE WHAT, I'M SORRY. 1796 1797 DISTRIBUTED TO... 1798 COMMISSIONER JANKOVSKY - I DIDN'T REALIZE IT HADN'T BEEN CHAIRMAN MARTIN -- EVERYONE. 1799 COMMISSIONER JANKOVSKY - ALL 3 (THREE) COMMISSIONERS 1800 AND ALSO TO UH, UH THE PLANNING DEPARTMENT. THAT'S WHY... 1801 CHAIRMAN MARTIN - WHAT WE WILL DO IS MAKE UH MAKE 2 1802 (TWO) COP, 3 (THREE) COPIES AND WHAT WE'LL DO IS 1 (ONE) FOR THE APPLICANT, 1 (ONE) FOR 1803 MR. SAMSON AND MYSELF. WE'LL REVIEW AND OF COURSE JEAN KEEPS THE ORIGINAL. AND 1804 THAT WAY WE'LL HAVE CONNIE'S LETTER SO THAT THE OTHER 2 (TWO) CAN READ IT AND WE WILL 1805 ENTER THAT INTO AS AN EXHIBIT IN THE PUBLIC RECORD. ALRIGHT CONNIE TAKE CARE OF THAT. 1806 CONNIE MCCRUDDEN - I DIDN'T HEAR ANYTHING YOU SAID JOHN. 1807 CHAIRMAN MARTIN - You DIDN'T. OH MAN! I SAID I'M TAKING 1808 GOOD CARE OF YA, YOUR LETTERS IN THE PUBLIC RECORD. MR. SAMSON AND I AND THE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 001999 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1809 APPLICANT WILL GET TO READ THAT AND THAT WE WILL REFER TO THAT IF WE NEED TO. BUT YOU 1810 ARE IN THE PUBLIC RECORD WITH YOUR COMMENTS AND PHOTOGRAPHS. 1811 CONNIE MCCRUDDEN - WELL THANK YOU VERY MUCH. 1812 CHAIRMAN MARTIN - YOU'RE VERY WELCOME. 1813 CONNIE MCCRUDDEN -I ALSO SENT PHOTOS. 1814 CHAIRMAN MARTIN - RIGHT, WE'LL GET THOSE PHOTOS AS WELL 1815 AND WE WILL SHARE WITH THE OTHERS AND THEN JEAN WILL KEEP A PERMANENT RECORD OF 1816 YOUR LETTERS AND PHOTOS. 1817 1818 1819 MISSED ON LETTERS THAT.. CONNIE MCCRUDDEN - THANK YOU. CHAIRMAN MARTIN - YOU'RE WELCOME. ANYONE ELSE THAT I 1820 MOLLY ®RKILD-LARSON - WE'LL MAKE THAT LET'S SEE, RR WAS 1821 THE LAST, LAST LETTER LEFT OFF. 1822 CHAIRMAN MARTIN - DOUBLE S. Do I HAVE A MOTION THEN TO... 1823 COMMISSIONER SAMSON ,- SO MOVED. 1824 COMMISSIONER JANKOVSKY -- SECOND. 1825 CHAIRMAN MARTIN - WE HAVE A MOTION AND A 2ND (SECOND) TO 1826 INCLUDE THAT. ALL IN FAVOR? 1827 COMMISSIONER SAMSON -- AYE. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 165.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002D00 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1828 COMMISSIONER JANKOVSKY - AYE. 1829 CHAIRMAN MARTIN - THANK YOU VERY MUCH. WE'LL GET THOSE 1830 COPIES WHERE NECESSARY. AND THANK YOU VERY MUCH FOR CALLING IT TO OUR ATTENTION. 1831 NEXT WE HAVE MORE SPEAKERS; PLEASE GO AHEAD. 1832 CHAIRMAN MARTIN - Do WE HAVE A MICROPHONE? CASSIE 1833 YOU'RE GONNA HAVE TO COME OVER. MAKE THE CALL HOME AND MAKE SURE THOSE KIDS.... 1834 CASSIE CERISE - I KNOW, CAN I JUST SIT? 1835 CHAIRMAN MARTIN - You MAY. 1836 CASSIE CERISE - KIND A LIKE THIS. UHM, ALRIGHT YOUR GONNA 1837 HAVE TO BEAR WITH ME I'VE NOT HAD A VOICE IN 2 (TWO) WEEKS. AND I HAD A COLLEGE SPEECH 1838 PROFESSOR THAT SAID I THRIVE WITHIN THESE ENVIRONMENTS. SO 1 PROBABLY SHOULDN'T BE UP 1839 BUT I FELT IT WAS IMPORTANT THAT I CAME DOWN TODAY. UHM I WILL TELL YOU ALL THAT I AM 1840 RELATED TO THE; HOWEVER UHM I WILL NOT BENEFIT FINANCIALLY AT ALL IF YOU WERE TO VOTE 1841 YES FOR THIS PROJECT TODAY. UHM 1 UH I DRIVE BY THE EXISTING LAFARGE PIT ON MOST DAYS. I 1842 DO LIVE AT 1234 (ONE THOUSAND TWO HUNDRED THIRTY-FOUR) CERISE ROAD UP IN MISSOURI 1843 HEIGHTS. UHM I'LL TELL YOU THAT IT PROVIDES MANY TEACHABLE MOMENTS FOR MY YOUNG 1844 BOYS; I HAVE A 2 (TWO) YEAR OLD AND A 4 (FOUR) YEAR OLD. AND USUALLY AS WE GET CLOSE 1845 MY OLDEST WILL ASK ME WHO'S WORKING TODAY MOMMY. HE DELIGHTS TO SEE THE DUMP 1846 TRUCKS AND THE BACKHOES OUT THERE MOVING, MOVING THINGS AND MAKING THINGS. AND 1847 HE'S COME TO UNDERSTAND THAT IT MAKES SOMETHING REALLY IMPORTANT FOR HIM. IT MAKES 1848 SAND FOR HIS SAND BOX; HE REALLY ENJOYS THAT. UHM I WOULD ASK YOU JUST TO NOT TO NOT TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002001 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1849 DENY THEM THAT EXPERIENCE. I THINK IT'S IMPORTANT IN OUR END OF THE VALLEY THAT WE SEE 1850 PEOPLE ACTUALLY MAKING A PROJECT THAT PEOPLE USE ON A DAILY BASIS. UHM ALSO I TELL YOU 1851 THAT I LOVE YARD SALES BECAUSE I'M A PICKER. AND UHM A YARD SALE TO ME USUALLY MEANS 1852 THAT PEOPLE ARE LEAVING THE VALLEY THOUGH. AND SEEMS LIKE PEOPLE ARE LEAVING THIS 1853 VALLEY BECAUSE JOBS ARE SO SCARCE ESPECIALLY AT OUR END OF THE VALLEY NOW DAYS. AND I 1854 TELL YOU A NO VOTE TODAY WOULD PROBABLY MEAN THAT I'LL BE GOING TO ABOUT 45 (FORTY - 1855 FIVE) YARD SALES NEXT SUMMER. I'D LIKE YOU TO CONSIDER THAT TODAY. UHM MY FAMILY HAS 1856 BEEN EXTRAORD, EXTRAORDINARY STEWARDS OF THIS PROPER SINCE 1938 (NINETEEN HUNDRED 1857 THIRTY-EIGHT). MY GRANDFATHER, MY UNCLE AND MY COUSINS HAVE ALL WORKED VERY HARD 1858 TO PRESERVE THIS LANDSCAPE. NONE OF THEM HAVE LIVED LAVISHLY; BUT THEY HAVE ALL 1859 CHOSEN TO FIGHT THE SHORT SEASONS, THEY'D SHED BLOOD, IN MISSOURI HEIGHTS, TO KEEP 1860 THEIR FIELDS GREEN AND THEIR COWS FED. AND I WOULD DOUBT THAT ANY OF THEM WERE HAPPY 1861 WHEN THE OTHERS AROUND THEM SOLD OUT AND THESE SUBDIVISIONS STARTED TO COME IN NEXT 1862 TO THEM. BUT I'LL TELL YOU THAT NONE OF THEM PROTESTED THESE SUBDIVISIONS. UHM TODAY 1863 YOU HAVE A LOT OF THESE LOT OWNERS HERE BEGGING FOR YOUR NO VOTE AND A LARGE PORTION 1864 OF THE OPPONENTS SEEM TO LIVE IN I (ONE) SUBDIVISION. AND I JUST UHM, I'M NOT GOING TO 1865 TALK TO YOU ABOUT SCIENCE OR CODES OR ANYTHING; BUT I JUST REALLY WANT YOU TO 1866 UNDERSTAND THAT WHEN EACH OF THEM BUILT THEIR LOT, BOUGHT THEIR HOUSE THERE WERE 2 1867 (TWO) GRAVEL PITS OPERATING IN THEIR VIEW PLAIN. AND I JUST DON'T BELIEVE THAT ANY OF 1868 THEM SHOULD ACT SURPRISED THAT THIS REQUEST IS BEING MADE. AND I WANT TO ALSO, THERE'S 1869 TALK ABOUT NEIGHBORHOOD COMPATIBILITY AND IT JUST GOES BACK TO IT. THESE GRAVEL PITS 1870 WERE HERE BEFORE THESE NEIGHBORHOODS. SO TO ME THIS SHIFT IN LOCATION FITS PERFECTLY 1871 WITH WHAT'S BEEN THERE FOR MANY MANY MANY YEARS BEFORE THESE SUBDIVISIONS WERE ON TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 1CV214 002002 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1872 THE GROUND. AND UHM I SYMPATHIZE WITH THE LOT OWNERS AND I UNDERSTAND THE 1873 CONCERNS AND THE HEALTH ISSUE. BUT I JUST, TO ME IT BOILS DOWN TO 2 (TWO) WORDS; IT JUST 1874 REALLY BOILS DOWN TO DUE DILIGENCE. THEY KNEW WHEN THEY BOUGHT THAT THESE USES 1875 WERE THERE AND TO THINK THAT YOU'VE GOT A PIT HERE AND NT HERE AND THOSE HAY FIELDS 1876 ARE GOING TO STAY HAY FIELDS IN PERPETUITY; 1 JUS1 THINK THAT'S COMPLETELY UNREALISTIC. 1877 AND UHM IT SOUNDS HARSH, BUT THE ONLY WAY YOU'RE GONNA EVER TRULY CONTROL YOUR 1878 VIEW PLANE IS TO OWN YOUR VIEW PLANE. UHM AND THAT'S IT. I JUST WOULD REALLY URGE JUST 1879 A STRAIGHT YES TODAY; DON'T OVER REGULATE THESE JOBS DOWN VALLEY OR OUT OF STATE. 1880 WE'RE LOSING TOO MANY WORKERS AS IT IS. SO THANK YOU FOR YOUR TIME. 1881 CHAIRMAN MARTIN - ALRIGHT ANY QUESTIONS? THANK YOU. 1882 ANYONE ELSE? JEAN. 1883 JEAN ALHERICO - MARCEE HOBBS. 1884 CHAIRMAN MARTIN - MARCEE. ALRIGHT. 1885 MARCEE HOBBS - I'LL SIT HERE. MY NAMES MARCEE HOBBS, I 1886 LIVE ON 769 (SEVEN HUNDRED SIXTY-NINE) COUNTY ROAD 112 (ONE HUNDRED TWELVE), I LIVE 1887 RIGHT ABOVE JANET. AND I DIDN'T COME AS A PHD WITH STUDIES BEHIND MY BELT OR A 1888 LAWYER. BUT I DID COME, I'VE LIVED UHM, WE BOUGHT THE PROPERTY IN 1989 (ONE THOUSAND 1889 NINETEEN EIGHTY-NINE) WE'VE LIVED UP THERE FOR 21/22 (TWENTY-ONE/TWENTY-TWO) YEARS. 1890 AND I KNOW, ...INAUDIBLE...SPEAK, BUT ANY WAY THE GRAVEL PITS WERE THERE; I DIDN'T KNOW 1891 THE RULES WERE CHANGING. I DO KNOW THAT I'M, IS SUPPORTING NOT CONTINUING, NOT HAVING 1892 THE PERMIT. NOT UHM, TO KNOW UHM I DO KNOW THE REALITY CHECK IS THAT I FOLLOW TRUCKS, 1893 I SEE ROCKS HIT MY WINDSHIELD, I HEAR THE NOISE 2 (Two) MILES UP. SO THAT IS THE REALITY TRANSCR [PT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65A8 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002003 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1894 CHECK. I DO FEEL UHM, I DO WHEN IT'S NOT WINDY I DO HEAR THE NOISE EVEN MORE SO THAN 1895 WHEN THERE'S WIND. AND IT DOES AFFECT THE QUALITY OF LIFE. AND YES WE PROBABLY WOULD 1896 HAVE TO HAVE A YARD SALE TOO IF THE PLANT PLAN AND WE MIGHT NOT BE ABLE TO SELL OUR 1897 PROPERTY. SO IT DOES AFFECT THAT. SO PM HERETO SUPPORT THE COALITION AND ALL THE 1898 HARD WORK THEY'VE DONE AND UHM ALSO KNOW THAT IT DOES AFFECT THE QUALITY OF LIFE. 1899 CHAIRMAN MARTIN - THANK YOU. ANY QUESTIONS. ALRIGHT 1900 JEAN. 1901 JEAN ALBERICO - CHERYL STRICKLAND. 1902 CHAIRMAN MARTIN - CHERYL, IS SHE STILL HERE. 1903 SOMEONE ANSWERED SHE HAD TO LEAVE. 1904 CHAIRMAN MARTIN - SHE HAD TO LEAVE. OKAY THANK YOU. 1905 JEAN ALBERICO-PHIL LONG 1906 PHILIP LONG- HI, MY NAME IS PHIL LONG. I'VE BEEN A LONG 1907 TIME RESIDENT OF GARFIELD COUNTY AND A LONGTIME, WELL IF YOU COUNT 30 (THIRTY) YEARS 1908 EMPLOYMENT WITH LAFARGE, UH KEN KRIZ, SITTING IN THE ROOM, HIRED ME 30 (THIRTY) YEARS 1909 AGO AND GOD WILLING I'LL STILL BE WORKING THERE ANOTHER FEW YEARS. I'M GONNA KEEP MY 1910 COMMENTS BRIEF BECAUSE 1 FEEL THE APPLICATION IS VERY COMPLETE AND DETAILED 1911 ADDRESSING ALL THE REGULATIONS THAT GOVERN OUR INDUSTRY. WHAT 1 WANTED TO ADDRESS 1912 1 (ONE) THING THAT'S VERY NEAR AND DEAR TO MY HEART AND THAT'S RAPTORS. GRAVEL PITS 1913 IRONICALLY ARE 1 (ONE) OF THE BEST LOCATIONS FOR WILDLIFE AND OUR FEATHERED FRIENDS. IF TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002004 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1914 ANYONE WOULD LIKE TO SEE A GOOD EXAMPLE OF THIS; CURRENTLY WE HAVE A NESTING FAMILY 1915 WITH YOUNG ONES OF OSPREYS. THEY ARE AN EAGLE REFERRED TO AS THE SEA EAGLE. THEY'RE 1916 IN OUR SEIVERS PIT RIGHT NEXT TO THE SHOP AND HAVE RELOCATED THERE AFTER WE OPENED 1917 THE PIT. WE'VE HAD BALD EAGLES, DEER, ELK, FOX, COYOTES ON A REGULAR BASIS BECAUSE 1918 WHEN GRAVEL PITS CLOSE DOWN AT NIGHT THERE 1S A SOURCE OF WATER A RE -VEGETATION 1919 SUPPLY IS A FEED FOR THE AND SHELTER FOR WILDLIFE. WITH THAT I'LL PASS IT ON. THANK YOU. 1920 CHAIRMAN MARTIN — ANY QUESTIONS? NEXT. 1921 JEAN ALBERICO BILL ARRASMITH 1922 BILL ARRASMITH — AFTERNOON. UH MY NAME IS BILL 1923 ARRASMITH 1 LIVE 300 (THREE HUNDRED) WHITE HORSE DRIVE IN NEW CASTLE. UH I HAVE 1924 BEEN, AS PHIL A RESIDENT OF THIS VALLEY AND UH SUBSEQUENTLY THE UH 1-70 (SEVENTY) 1925.VALLEY FOR UH OVER 30 (THIRTY) YEARS NOW, AND I'VE ALSO BEEN ASSOCIATED WITH THIS 1926 INDUSTRY EITHER LAFARGE OR SIMILAR BUSINESS FOR THE SAME 30 (THIRTY) YEARS. UH AND, 1927 AND I WOULD REFUTE SOME OF TIIE INFORMATION HERE ABOUT THAT WE DON'T NEED THIS GRAVEL 1928 PIT BECAUSE WE DO NEED THIS GRAVEL PIT. As SOURCES RUN OUT IN OTHER PITS I DON'T KNOW 1929 WHERE MR. VIDAL GOT HIS UH INFORMATION NECESSARILY, BUT I WOULD UH DISAGREE WITH IT, 1930 AND KNOW THAT WE DO NEED ANOTHER GRAVEL PIT TO REPLACE UH WHAT HAPPENED, WHAT'S 1931 HAPPENING AT THE POWERS PIT. UH IN THE REALM OF EMPLOYMENT UH IT'S, IT'S CHRIS BROUGHT 1932 UP WHEN HE TALKED TO EVERYBODY IT'S NOT JUST THE 45 (FORTY-FIVE) PEOPLE THAT MAY WORK 1933 THERE OR THE MORE PEOPLE THAT WORK THERE; IT'S THE 100's (HUNDREDS) AND 100's 1934 (HUNDREDS) OF BUSINESSES THAT HAVE BEEN SERVED OVER THE YEARS THAT SUPPORTS THEIR 1935 BUSINESS IN THIS ECONOMY. 1 ALSO KNOW IT TO BE A GOOD UH ECONOMIC DECISION TO HAVE A, A 1936 COMPETITIVE SITUATION IN THIS VALLEY AND I URGE THIS BOARD TO NOT UH LESSEN THAT TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OE COUNTY ROAD 103 BOCC 11 CV214 - 002005 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1937 COMPETITIVE SITUATION THAT WE, THAT WE HAVE AT THIS POINT. BECAUSE THAT IS A VERY 1938 EXPENSIVE THING FOR, FOR COUNTIES TO GO THROUGH AND YOU UH CAN GO TO ROUTT COUNTY 1939 AND FIND THIS SAME THING OUT. UH AND WITH THAT 1 WOULD SAY THAT IN THE POSITION THAT 1 1940 HOLD, I'M A GENERAL MANAGER AT LAFARGE; 1 DON'T BELIEVE THAT I'VE BEEN AROUND A 1941 GROUP OF PEOPLE AND YOU, YOU IT'S BEEN CALLED A LARGE CORPORATION BUT THESE PEOPLE 1942 LIVE HERE. THESE PEOPLE PAY TAXES HERE, THEY RAISE THEIR CHILDREN HERE; I'VE RAISED 2 1943 (TWO) KIDS THAT HAVE MOVED AWAY I'M RAISING ANOTHER HERE. WE'RE NO DIFFERENT THAN 1944 ANYONE ELSE THAT LIVES HERE. AND, AND I'VE NEVER WORKED FOR ANYONE WHO'S DEEPLY 1945 COMMITTED, WHO'S AS DEEPLY COMMITTED TO OPERATING SAFELY AND, AND ENVIRONMENTALLY 1946 RESPONSIBLY IN IN, IN ANY OF THEIR OPERATIONS. WHETHER IT BE THIS 1 (ONE) OR ANY OTHER 1947 THAT AND, AND I'M PROUD TO SAY THAT I'M UH ACQUAINTED WITH AND WORK FOR THEIR 1948 ORGANIZATION. THANK YOU. 1949 CHAIRMAN MARTIN - ANY QUESTIONS? No QUESTIONS, THANK 1950 YOU. NEXT SPEAKER. 1951 JEAN ALBERICO - MARK KAVASCH 1952 CHAIRMAN MARTIN e MARK. WOULD YOU PASS THAT 1953 MICROPHONE OVER, KIND OF DO A RELAY. THANK YOU. 1954 MARK KAVASCH - I LIVE AT 152 (ONE HUNDRED FIFTY-TWO) 1955 WOODEN DEER ROAD. I'VE LIVED IN OUR HOME FOR 16 (SIXTEEN) YEARS. WE ARE PROBABLY THE 1956 CLOSEST YEAR ROUND NEIGHBORS OF THE CURRENT AND PROPOSED LAFARGE PITS. WHEN OUR 1957 FAMILY MOVED IN EVERYONE WAS HEALTHY; NOW EVERYBODY IN MY HOUSEHOLD HAS 1958 RESPIRATORY ILLNESS. UH MY SON DOES NOT BUT HE MOVED AWAY TO CALIFORNIA. 1, MY WIFE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002006 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1959 HAS HAD SINUS SURGERY TWICE, HAS HAD CHRONIC SINUS INFECTIONS. IT'S TAKEN US ABOUT 4 1960 (FOUR) YEARS BY THE PROCESS OF ELIMINATION TO FIGURE OUT WHAT THE CAUSE WAS. WE UH 1961 RUN 3 (THREE) GAS DETECTORS TN OUR HOUSE WHICH ALL REGISTER AT ZERO (0). SO IT'S NOT GAS 1962 IN THE HOUSE. WE'VE ALL BEEN TESTED FOR ALLERGIES, WHICH ALL THEY HAVE IS UH 1 (ONE) 1963 ALLERGY TO PENICILLIN AND 1 (ONE) TO A MINOR ONE TO HAY FEVER. UH SO IT'S NOT ALLERGIES. 1964 I HAD, IN THE FALL, DOUBLE PNEUMONIA. UH 3 (THREE) DOCTORS FROM VALLEY VIEW CAME INTO 1965 MY, MY ROOM AT VALLEY VIEW AND SAID WHAT IS GOING ON; WE CANNOT FIGURE OUT WHY YOU 1966 WOULD BE A CANDIDATE FOR DOUBLE PNEUMONIA. AND WE NARROWED IT DOWN TO IT MUST BE 1967 SOMETHING IN THE HOUSE, SOMETHING YOU'RE INHALING. THAT LEAD TO THE MONITORING THE 1968 GASSES AND ANYTHING ELSE IN THE HOUSE WHICH ARE AT ZERO (0). THIS DAY I KEEP A 1969 RESPIRATORY UH, UH INHALER ON MY BED STAND. I SOMETIMES SOME EVENINGS I NEED THAT. 1970 UHM CURRENTLY MY WIFE HAS UH BEEN WORKING WITH THE DOCTORS AT THE WESTERN 1971 COLORADO LUNG CENTER. SHE'S BEEN DIAGNOSED WITH A NON CONTAGIOUS FORM OF TB 1972 CAUSED UH BY INHALED SOILS. THE DOCTORS HAVE DESCRIBED IT AS SIMILAR TO COAL MINER'S 1973 BLACK LUNG. AFTER PROLONGED CONTINUED EXPOSURE TO FINE PARTICLES THEY ACCUMULATE 1974 IN THE LUNGS AND SHE NOW HAS NODES IN HER LUNGS THAT WILL HAVE TO BE BIOPSIED. UHM A 1975 FEW YEARS AGO MY WIFE AND I WOULD TAKE 12 (TWELVE) MILE HIKES AND IT WAS FUN THAT 1976 SHE'D BREAK INTO QUARTER MILE SPRINTS AND CHALLENGE ME NOW AND THEN. WE RECENTLY 1977 RETURNED FROM A TRIP AND SHE COULD BARELY DO A 1 (ONE) MILE HIKE BECAUSE OF UH, UH, UH 1978 THE INABILITY TO PROCESS ENOUGH OXYGEN INTO HER LUNGS. WE'VE SPENT 1,000'S 1979 (THOUSANDS) OF DOLLARS IN MEDICAL BILLS AND MITIGATION THAT WE'VE HAD TO DO ON OUR 1980 PROPERTY TO TRY TO COMPENSATE FOR THE GRAVEL PITS. UHM, WE'VE ADDED EXTRA WEATHER 1981 STRIPPING TO OUR HOUSE UNDER DOCTORS ORDERS. WE'VE PUT IN UHM, UH THEIR TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002007 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 1982 RECOMMENDATIONS I SHOULD SAY, AIR CONDITIONINGS. UH PUT IN 3 (THREE) AIR CONDITIONER 1983 UNITS, WE HAVE 4 (FOUR) AIR FILTRATION SYSTEMS IN THE HOUSE. THE FILTERS ON THE AIR 1984 FILTRATION, THE MANUFACTURERS RECOMMEND CHANGING EVERY 3 (THREE) MONTHS; WE 1985 CHANGE THEM EVERY 3 (THREE) WEEKS. EACH MACHINE THAT 1 CLEAN OUT UHM IT'S A FINE GRAY 1986 DUST ON THE CHARCOAL IN TIIE UHM UHM JUST THE UHM FILTRATION SYSTEM. UH IF WE, IF YOU 1987 APPROVE THIS AND AN ASPHALT PLANT IS ADDED TO THIS UHM THAT IS GOING TO BE A HIGHER 1988 LEVEL OF AIR POLLUTANT THAT I DON'T THINK UH MY FAMILY CAN, CAN OVERCOME. ON WINDY 1989 DAYS WE DO SEE LARGE UHM, HUGE LARGE CLOUDS OF SAND AND DUST. UH WE CAN HEAR THE 1990 PARTICLES HITTING THE PANES OF GLASS ON OUR HOUSE. AND UH AT THIS POINT WE DO UH KEEP A 1991 BOX OF UHM FACE MASKS SO WHEN WE CLEAN UHM DO A DEEP CLEAN IN THE HOUSE OF THE UHM 1992 SHADES OR THE, UH I HAVE TO WEAR A, A MASK ON MY FACE UH TO, TO, TO, TO GET THAT DUST OUT 1993 OF THE HOUSE. WHILE THE LEASE HOLDERS AND GRAVEL PIT OPERATORS STAND TO GAIN 1994 SUBSTANTIALLY FROM APPROVAL OF THIS GRAVEL PIT WE WILL CONTINUALLY BE SEVERELY 1995 IMPACTED BOTH IN OUR HEALTH AND OUR CONTINUING MEDICAL AND MITIGATION EXPENSES. 1996 UHM, CURRENTLY OR I'VE BEEN KEEPING A RUNNING TOTAL OF WHAT WE SPENT TO DATE. I HAVE 1997 ABOUT $9,000.00 (NINE THOUSAND) IN TREES AND BERMS, IN IRRIGATION, TO BUILD MY OWN BERM 1998 AT THE BASE OF THE PROPERTY. UH MEDICAL EXPENSES OVER THE LAST 5 (FIVE) YEARS; THE 1999 DEDUCTIBLES EXCEEDED $25, 000.00 (TWENTY-FIVE THOUSAND). THE AIR CONDITIONING, THE AIR 2000 PURIFIERS ARE $3,000.00 (THREE THOUSAND). I SPENT ABOUT $4,000.00 (FOUR THOUSAND) A 2001 YEAR IN FILERS. $800.00 (EIGHT HUNDRED) IN WEATHER STRIPPING AND RESEALING THE HOUSE 2002 AND SHUTTING DOWN THE VENTILATION SYSTEMS THAT WERE BUILT INTO THE HOUSE. SO I HAVE 2003 AT LEAST $50,000.00 (FIFTY THOUSAND) INTO EXPENSES AND ABOUT $5,000.00 (FIVE THOUSAND) 2004 A YEAR IN MAINTENANCE OF THOSE SYSTEMS TO MITIGATE. You HAVEN'T EVEN DONE TESTS ON TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CMS!' RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002008 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2005 AIR POLLUTION. I'M TELLING YOU THERE IS AIR POLLUTION AND IT'S NOT ACCEPTABLE. MY 2006 FAMILY'S LUNGS CAN'T TAKE IT. IT IS HAPPENING. You DON'T NEED TO, YOU KNOW I WANT YOU 2007 TO TEST FOR IT AND 1 HAVE EVEN RESEARCHED UH BUYING OUR OWN PIM 0 (TEN) METER TO 2008 INSTALL ON OUR PROPERTY TO REGISTER IT FOR PROOF TO SHOW YOU THAT THAT'S HAPPENING. IF 2009 YOU WOULDN'T BELIEVE UHM MY CLAIMS OF THE UH DUST THAT'S FILTERING INTO OUR HOUSE. SO 2010 WE WOULD UHM REQUEST THAT YOU DENY THE APPLICATION. THANK YOU. 2011 CHAIRMAN MARTIN - THANK YOU. QUESTIONS? ALRIGHT THANK 2012 YOU VERY MUCH. NEXT. 2013 JEAN ALBERICO - IS SUSAN GOING TO SPEAK. 2014 MARK KAVASCH - No. 2015 JEAN ALBERICO - UH SUSAN GIBBS. 2016 CHAIRMAN MARTIN - You DON'T HAVE TO STAND UP. IF YOU'D 2017 LIKE TO SPEAK YOU MAY SIT. 2018 2019 2020 ANYONE ELSE 2021 2022 2023 YOU. SUSAN KAVASCH - I'LL KEEP RUNNING OUT OF BREATH. CHAIRMAN MARTIN - OKAY, WE'LL ACCEPT THAT THANK YOU. JEAN ALBERICO - YES SUSAN GIBBS. CHAIRMAN MARTIN - SUSAN. OVER ON THE FRONT ROW. THANK TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002009 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2024 SUSAN GIBBS - Hi, I LIVE AT 1 698 (ONE THOUSAND SIX HUNDRED 2025 NINETY-EIGHT) COUNTY ROAD 103 (ONE HUNDRED THREE). AND UHM PRETI'Y TIED WITH THE 2026 LAND. AND I KIND A LOOK TO THE COMMISSIONERS AS STEWARDS OF THE LAND IN GARFIELD 2027 COUNTY AND UHM RUMOR HAS IT, FROM VARIOUS DIFFERENT PEOPLE, JUST PLAIN SAYING; IT'S A 2028 DONE DEAL IT'S APPROVED SO WHY EVEN SHOW UP. BUT I JUST FELT THE NEED TO SHARE THAT 2029 UHM I HAVE WATCHED THE APPROVAL OF THE SUBDIVISION ACROSS FROM CMC; 1 WATCHED THE 2030 APPROVAL OF THE UH SUBDIVISION AT CALICOTTE AND UHM IT'S TOTALLY OVERRUN BY WEEDS. 2031 AND WHEN I WAS HERE FOR THOSE THERE WERE, I, I DON 'T KNOW WHETHER YOU'D CALL IT WORD 2032 MITIGATIONS SOME THEY WERE SUPPOSED UP COMPLY TO THE WEED CONTROL OR WHATEVER. 2033 AND SO UHM YOU KNOW IF YOU HAVE NO ALTERNATIVE AND FEEL THE NEED TO APPROVE THIS; I 2034 DO JUST ASK THAT YOU DO COMPLY TO, OR THAT THEY ARE UHM UNKNOWN THAT THEY HAVE TO 2035 COMPLY TO TI -IE SPECIFIC CONDITIONS OF THE APPROVAL. AND I'M JUST CURIOUS WHO MANAGES 2036 THAT? I MEAN WHEN YOU APPROVE SOMETHING LIKE THIS WHO MANAGES WHETHER THE WEEDS 2037 ARE CONTROLLED? I MEAN THAT'S A MINOR ISSUE I KNOW. BUT THE NOISE, THE WATER, YOU 2038 KNOW THE IMPACT THAT IT DOES HAVE. I DON'T NECESSARILY JUST NECESSARILY SAYING A YES 2039 OR A NO TO THIS. BUT WHO'S RESPONSIBLE TO FOLLOW THROUGH WHEN THERE IS AN APPROVAL 2040 MADE ON THIS KIND OF IMPACT TO OUR COUNTY? SO THAT'S KIND OF I BELIEVE THAT'S ALL I 2041 HAVE TO SAY, IS I JUST I'M CURIOUS ABOUT WHO IS RESPONSIBLE TO FOLLOW THROUGH ON THIS. 2042 CHAIRMAN MARTIN - I'LL ANSWER THAT REAL QUICK. THE VEGETATION 2043 MANAGEMENT, WHICH IS STEVE ANTHONY WHICH IS LOCATED IN RIFLE AND DOES THE ENTIRE 2044 COUNTY. 2045 SUSAN GIBBS - WHO I KNOW PERSONALLY. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002010 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2046 CHAIRMAN MARTIN - YEAH, AND HE ALSO HAS STAFF AS WELL AS 2047 WE TAKE ON SUMMER HELP AS WELL. AND WE ALSO UH CONTRACTED WITH CMC TO DO 2048 MONITORING AS WELL FOR AIR QUALITY CONTROL. AND THAT'S PAUL REISER IN THE HEALTH 2049 DEPARTMENT OUT OF UH RIFLE AS WELL OFFICE. THAT THEY DO ALL THE MONITORING AND ALSO 2050 THE WATER QUALITY AND THE AIR QUALITY IS THE STATE OF COLORADO AND THOSE 2 (TWO) 2051 DIVISIONS AND THE CDPHE. SO THAT'S WHO'S RESPONSIBLE AND AND.. 2052 SUSAN GIBBS - OKAY. SO IF WE SEE SOMETHING LIKE ALL THE 2053 WHILE TOP THAT'S AT THE CALICOTTE THAT'S TAKING OVER ALL THE HAY FIELDS THAT WERE 2054 THERE... 2055 CHAIRMAN MARTIN - YEAH AND... 2056 SUSAN GIBBS - THEN THAT'S, THEN I CALL STEVE. 2057 CHAIRMAN MARTIN - THAT'S RIGHT. You CALL STEVE AND NOT 2058 TO MENTION THE CHICORY AND NOT TO MENTION THE UH OTHER STUFF THAT'S OUT THERE YEAH. 2059 SUSAN GIBBS - YEAH OKAY THANK YOU. 2060 JEAN ALBERICO - MICHAEL CERISE. 2061 CHAIRMAN MARTIN - MICHAEL. 2062 MICHAEL CERISE - CAN YOU HEAR ME? 2063 CHAIRMAN MARTIN - WE CAN HEAR YOU. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002011 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2064 MICHAEL CERISE - UH MIKE CERISE I LIVE AT 4156 (FOUR 2065 THOUSAND FIFTY-SIX) CRYSTAL BRIDGE DRIVE. I (ONE) OF THE OWNERS OF THE PROPERTY. UHM 2066 KIND OF GIVE YOU A LITTLE. HISTORY, AS CASSIE SAID THAT UH 1938 (ONE THOUSAND THIRTY - 2067 EIGHT) OUR GRANDPARENTS BOUGHT THE PLACE AND WE UH WE HAVE HELPED ON THE RANCH AS 2068 LONG AS I WAS A UH COULD DO ANYTHING. MY FATIIER WORKED ON THE RANCH FOR UH ALL BUT 2069 THE FIRST 8 (EIGHT) YEARS OF HIS LIFE. AND UH THEY WE HAVE TAKEN CARE OF THAT RANCH 2070 THAT'S BEEN OUR PLACE. WE WANT TO KEEP THAT RANCH. BUT WE'RE GETTING OLD AND WE 2071 DON'T HAVE PEOPLE TO TAKE IT OVER AND PEOPLE THINK THAT WHEN THEY LOOK AT A RANCH 2072 THAT IT JUST TAKES CARE OF ITSELF. IT'S, IT'S UH GREEN AND IT TAKES CARE OF ITSELF AND THEY 2073 GROW TO LIKE THAT. BUT WE ARE THE 1'S (ONES) WHO HAVE TO TAKE CARE OF IT. IT'S OUR 2074 RANCH. WHEN, IN THE 50's (FIFTIES) THE POWERS PIT, WHICH IT WASN'T THE POWERS PIT AT 2075 THAT TIME. IT CAME ON BOARD AS A GRAVEL PIT AND IT MOVED IN NEXT TO US. IN THE 70s 2076 (SEVENTIES) THE BLUE PIT CAME IN AND IT MOVED IN ON THE OTHER SIDE OF US. IN THE 80's 2077 (EIGHTIES) THE HIGHWAY DEPARTMENT TOOK OUR GRAVEL RESOURCES, SOME OF OUR GRAVEL 2078 RESOURCES AND BUILT THE ROAD TO UH EL JEBEL FROM UH BASICALLY 133 (ONE HUNDRED 2079 THIRTY-THREE) OR UH UH 103 (ONE HUNDRED THREE) ROAD ALL THE WAY TO EL JEBEL. AND SO 2080 THEY USED OUR GRAVEL RESOURCES! UH OUR PLACE IS BASICALLY IN THE GRAVEL RESOURCE 2081 PATH; THAT'S WHAT IT IS. WE CAN'T DO A SUBDIVISION ON OUR PLACE BECAUSE WE HAVE A 2082 GRAVEL PIT NEXT TO US. SO WHAT WILL WE DO WITH THIS LAND? OUR QUESTION IS WE FOUND 2083 THAT OUR BEST THING IS TO UH EXTRACT OUR GRAVEL AND USE THAT RESOURCE. AND USE IT 2084 OVER THE NEXT 15 (FIFTEEN) YEARS AND GO FROM THERE. AND YOU KNOW THE NEIGHBORHOOD 2085 HAS GROWN UP AROUND US. WOODEN DEER NEVER CAME IN UNTIL THE 90's (NINETIES) AND WE 2086 WEREN'T ASKED IF THIS WAS AN IMPACT TO US AND IT PROBABLY WAS IN OUR RANCHING TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF TEE: CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002012 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2087 INDUSTRY. THAT THERE IS SOME IMPACT TO [;S; 1 MEAN THAT AREA THEY TALK ABOUT THE DUST, 2088 WHEN I WAS A KID THAT WAS DRY HILLSIDE WITH CHEAT GRASS AND UH PINIONS AND PINES. IT 2089 WAS NEVER REALLY GRAZED BY CATTLE OR ANYTHING LIKE THAT. IT WAS JUST A DRY HILLSIDE. 2090 IN FACT UH FREEMAN JAMES RAN SOME SHEEP ON IT IN THE SPRING WHEN THE CHEAT GRASS WAS 2091 GREEN. UH BUT OTHERWISE IT WAS NEVER GRAZED AND IT WAS A DRY DUSTY HILLSIDE. AND 2092 DUST COMES TN THERE FROM THE RANCHING NEXT DOOR IN THE UH, UH THE POWERS AREA THEY, 2093 I'VE NOTICED THEY'VE PLOWED SOME FIELDS AND THE DUST STORM CAME IN 1 (ONE) DAY AND 2094 BLEW ALL THE DUST RIGHT OVER INTO US AND INTO WOODEN DEER. BUT TIIAT'S AGRICULTURE 2095 S0 IT'S OKAY I GUESS. UHM SO ARE WE RESIDENTIAL, ARE WE AGRICULTURAL, ARE WE'RE 2096 INDUSTRIAL. I THINK THAT WE'RE INDUSTRIAL. I THINK THAT WE ARE A GRAVEL PIT. UHM IN, IN 2097 THE LAST 25 (TWENTY-FIVE) YEARS WE'VE HAD MANY MAJOR PLAYERS THAT ARE DEALING WITH 2098 GRAVEL PITS RIGHT NOW IN GARFIELD COUNTY; HAVE COME TO US AND ASKED US FOR OUR 2099 RESOURCES. WE RANCHED AS LONG AS WE COULD. AND WE KEPT DOING IT AND THEN WE FINALLY 2100 DECIDED IN THE LAST 10 (TEN) YEARS THAT WE NEEDED TO DO SOMETHING WITH OUR RANCH. AND 2101 WE'RE TRYING TO UNDERSTAND WHAT TO DO WITH IT. WE FOUND THAT GRAVEL RESOURCE WAS 2102 PROBABLY THE THING THAT WE COULD DO AND KEEP OUR LAND AND NOT HAVE TO GIVE UP OUR 2103 LAND. THAT WAS I (ONE) WAY THAT WE COULD CONTINUE TO BE THERE, WE COULD STILL RANCH 2104 PART OF IT AS THEY EXTRACT PART, AND THEN WHEN IT'S DONE WE CAN TAKE IT BACK AND DO 2105 WHAT WE WANT WITH IT. BECAUSE WE HAVE, WE HAVE WATER, WE HAVE THE ABILITY TO KEEP IT 2106 GREEN AND WE HAVE THE ABILITY AND LAFARGE HAS THE ABILITY TO KEEP THE BERMS GREEN. 2107 THAT SEEMS TO BE SOME OF THE PROBLEM EVERYONE HAS LAFARGE WILL BUILT A BIG DIRTY 2108 BERM AND LET IT BLOW INTO THE NEXT COUNTY. BUT WE HAVE THE WATER TO KEEP IT GREEN AND 2109 WE EXPECT LAFARGE TO DO THAT. WE DON'T WANT THE WEEDS AND WE EXPECT LAFARGE AND TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.45 -ACRES OF A 97,51 -ACRE SETE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002013 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2110 OURSELVES TO TAKE CARE OF THE WEEDS. IT'S NOT GONNA HAPPEN. AT LEAST I HOPE IT DOESN'T. 2111 I MEAN THAT'S WHAT WE'VE SAT FOR THE LAST 2 (TWO) YEARS TALKING TO LAFARGE ABOUT WE 2112 WANTED TO SEE AS AN END PRODUCT. WE DIDN'T WANT A BIG HOLE WHERE WE JUST GO TO 2113 ARIZONA AND SAY GEE THAT WAS GREAT WE GOT OUR MONEY OUT OF THAT. WE DON'T PLAN ON 2114 LEAVING. AND WE DON'T WANT TO GIVE OUR LAND UP TO SOMEONE THAT MAY LEAVE AND JUST 2115 SAY GO MINE IT; SEND ME THE CHECK. WE'RE THERE! THIS IS WHERE WE WERE RAISED. WE WERE 2116 BORN AND RAISED THERE. AND SO IT'S OUR LAND. WE REALLY THINK THAT OUR PROPERTY 2117 MAKES THE MOST SENSE WITH IT BEING RIGHT IN THE MIDDLE OF WHERE THE OTHER GRAVEL IS. 2118 YOU, YOU CAN'T SEE IT FROM HIGHWAY 82 (EIGHTY-TWO), YOU CAN'T SEE IT FROM THE MAJOR, 2119 MAJOR URBAN AREAS LIKE CARBONDALE. AND WE THINK THAT IT'S GONNA BE HIDDEN. THERE 2120 ARE PEOPLE THAT ARE IMPACTED, SURE WE UNDERSTAND THAT. THERE ARE SOME PEOPLE, BUT 2121 FOR THE BENEFIT OF THE COUNTY OR THE EASTERN PART OF THE COUNTY WE THINK THAT IT HAS 2122 MORE BENEFIT. AND YOU KNOW ANY DEVELOPMENT HAS IMPACT WHETHER IT'S RESIDENTIAL, 2123 COMMERCIAL, INDUSTRIAL AND WE JUST REALLY FEEL THAT OUR PROPERTY POSES THE LEAST 2124 IMPACT OF ANY OTHER POTENTIAL AREA THAT YOU COULD MINE GRAVEL. IF YOU CAN FIND IT IN 2125 THIS SIDE OF THE VALLEY NOW. THOSE AREAS ARE GONE, THEY'RE BEING COVERED UP WITH 2126 DEVELOPMENTS AND SO WE DON'T HAVE THAT RESOURCE. AND THE GRAVEL RESOURCES WILL BE 2127 LOST IF WE DON'T TAKE CARE OF THEM TODAY. UHM I'D JUST LIKE TO ASK THAT YOU GO AHEAD 2128 AND UH APPROVE OUR APPLICATION. THANK YOU. 2129 CHAIRMAN MARTIN -- ARE THERE QUESTIONS? No QUESTIONS, 2130 ALRIGHT. NEXT SPEAKER. 2131 JEAN ALBERICO - TONI CERISE. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 -002014 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2132 CHAIRMAN MARTIN - TONI. 2133 TONI CERISE - Hi, MY NAME IS TONI CERISE I LIVE AT 153 (ONE 2134 HUNDRED FIFTY-THREE) VILLAGE LANE IN CARBONDALE. AND I JUST WANTED TO ADD A COUPLE 2135 THINGS TO WHAT MIKE AND CASSIE HAVE SAID EARLIER. UHM WE DIDN'T GO INTO THIS LIGHTLY. 2136 WE SPENT YEARS WITH LAFARGE TALKING AND TALKING AND PLANNING. UH WE WERE 2137 CONCERNED. WE'RE 411 (FOURTH) GENERATION NATIVES OF THE VALLEY. UH BOTH OUR FATHER 2138 AND OUR MOTHER, OUR MOTHER WAS FROM NEW CASTLE. UHM AND SO IT WAS IMPORTANT TO US 2139 THAT THIS PROPERTY UH WAS PROPERLY DEVELOPED. THAT IT ENDS UP IN THE END THAT'S IT'S 2140 STILL A GREEN SPACE. UH THERE'S 98 (NINETY-EIGHT) ACRES IN THE PARCEL AND WE'RE 2141 PROPOSAL 64 (SIXTY-FOUR) ACRES OF IT FOR THE LAFARGE UH PIT. UHM OF THE PROPERTY 2142 THAT'S LEFT IS OUR, OUR HOMES. MY FATHER LIVES THERE; HE'S 81 (EIGHTY-ONE) YEARS OLD, HE 2143 LIVES THERE. MY BROTHER BOBBY LIVES THERE AND WE CONTINUE, WE WILL CONTINUE TO LIVE 2144 I"HERE. WE'RE NOT SELLING OUT, WE'RE NOT LEAVING, WE'RE HERE THIS IS OUR HOME. UHM 1 2145 HOPE THAT YOU APPROVE THIS PROJECT. THANK YOU. 2146 CHAIRMAN MARTIN - QUESTIONS OF TONI? 2147 JEAN ALBERICO - KEN KRIZ. 2148 KEN KRIZ - THANK YOU MY NAME IS KEN KRIZ 1 LIVE ON 167 (ONE 2149 HUNDRED SIXTY-SEVEN) ROAD IN GLENWOOD. I'VE HEARD A LOT OF THINGS THAT I WANTED TO 2150 SAY HAVE ALREADY BEEN SAID. SO I WON'T REPEAT THEM BUT 1 (ONE) OF THE THINGS THAT I'VE 2151 HEARD THIS AFTERNOON ARE RIGHTS. AND MY QUESTION I THINK UH IS WHAT ABOUT THE RIGHTS 2152 OF THE CERISE FAMILY? I DO KNOW THAT THEY HAVE BEEN HERE UH MUCH LONGER THAN A LOT 2153 OF US INCLUDING ME. AND UH YOU KNOW I DO THINK THEY HAVE RIGHTS TO DO WITH THEIR TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM ITIE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002015 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2154 PROPERTY. WHEN YOU TALK ABOUT RIGHTS, YOU LOOK AT WATER RIGHTS AND SENIOR RIGHTS 2155 COUNT FOR SOMETHING AND I THINK SENIOR LANDOWNERS SHOULD ACCOUNT FOR SOMETHING. 2156 THE OTHER THING IS THE UHM ECONOMIC IMPACT. IT TAKES ABOUT A TON AND HALF (1 °/2) OF 2157 GRAVEL TO MAKE A YARD OF CONCRETE AND WHEN YOU START ADDING THOSE COST INTO THE 2158 PRICE OF A HOME EVERY $1000.00 (THOUSAND) DOLLARS YOU ADD TO THE PRICE OF A HOME THE 2159 MONTHLY PAYMENT GOES UP $ 10.00 (TEN) BUCKS. AND THAT CAN MEAN UHM EITHER BUYING A 2160 HOME OR NOT BUYING A HOME. UHM THE OTHER THING THAT WAS, DOESN'T MAKE ANY SENSE TO 2161 ME IS LIKE THE UHM THEY'RE TALKING ABOUT THE BACK-UP ALARMS. THE GOVERNOR WANTS YOU 2162 TO HAVE BACK-UP ALARMS AND THEN PEOPLE SAY WE DON'T WANT TO HEAR THEM. I MEAN 2163 THERE'S SO MUCH CONFLICT THERE I JUST, IT'S BEYOND UH THE MIND TO COMPREHEND. AND UHM 2164 I THINK THAT'S ALL I REALLY WANTED TO ADD TO THIS. THANK YOU VERY MUCH. 2165 CHAIRMAN MARTIN - ALRIGHT. QUESTIONS OF KEN? NOT 2166 HEARING ANY OKAY THANK YOU KEN. 2167 JEAN ALBERICO - A COUPLE MORE. WILL BURGGRET. 2168 CHAIRMAN MARTIN - WILL, OVER IN THE FAR CORNER KEN. JUST 2169 PICK THAT UP AND THROW IT AT HIM. THANK YOU. 2170 WILL BURGGRET - HI MY NAME IS WILL BURGGRET I LIVE AT 805 2171 (EIGHT HUNDRED FIVE) WOODEN DEER ROAD. UHM RECENT PURCHASER UP THERE IN THE LAST 3 2172 (THREE) YEARS. SO UH THE COMMENT DUE DILIGENCE IS RATHER INSULTING SINCE UHM CERISE 2173 RANCH WAS ZONED RESIDENTIAL AND THE EXISTING GRAVEL PIT AT WSA ONLY HAD ABOUT 8 2174 (EIGHT) OR 10 (TEN) MORE YEARS WHICH WAS VERY REASONABLE TO ME AND I COULD LIVE WITH 2175 IT ESPECIALLY HOME PRICES IN THE VALLEY. YOUNG FAMILIES STARTING OUT GETTING IT BY THE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002016 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2176 SKIN OF OUR TEETH. SO UHM I'M IN A DIFFERENT STAGE 1N MY LIFE THAN MOST OF THE OTHER 2177 RESIDENTS IN MY SUBDIVISION. UH WE'RE PLANNING A FAMILY, UH NOW HEARING MARK'S 2178 HEALTH AFFECTS UHM AND RESEARCHING ON LINE TRYING TO FIGURE OUT WHAT THIS MEANS FOR 2179 ME, MY FUTURE, MY FAMILY, HOME VALUES. UHM I'M FINDING STUDIES ON LINE YOU KNOW 2180 SHOWING THAT THEY'RE DOING STUDIES ON THE HEALTH AFFECT OF AIR QUALITY AND THE 2181 DEVELOPMENTAL ABILITY OF A CHILD AND THEIR IQ VALUES. Now WHILE THESE ARE ONGOING 2182 STUDIES AND THEY'RE NOT CONCLUSIVE IT'S ENOUGH OF A FACTOR THAT I'M NOT WILLING TO PUT 2183 MY FAMILY AT RISK. SO WHAT'S, W1R T'S MY OPTION? Do I SELL BECAUSE THIS PLACE ISN'T 2184 GOING TO BE A DESIRABLE PLACE TO LIVE ANYMORE? IT'S TOO RISKY FOR MY FAMILY I'M NOT 2185 WILLING TO PUT THEM AT RISK. How DO I DO THAT? Now I LOOK AT OTHER THINGS; HOW DO 2186 YOU, HOW DO YOU FIGURE OUT THE, THE VALUE OF THE LAND WITHOUT TESTING THE MARKET? SO 2187 THERE'S BEEN OTHER STUDIES THAT SHOW THAT HOMES NEAR GRAVEL PITS VERSUS COMPARABLE 2 188 AREAS HAVE BEEN AFFECTED AS MUCH AS 20% (TWENTY PERCENT). AND OUR VALLEY WITH THE 2189 VIEWS THAT WE HAVE AND BEING IN REAL ESTATE AND KNOWING THE MARKET I WOULD ASSUME 2190 THAT THAT'S CLOSER TO 30% (THIRTY PERCENT). SO ON AVERAGE YOU'RE PROBABLY TALKING 2191 ABOUT A HOME OWNER'S LOSS OF ABOUT $200 (TWO HUNDRED) TO $250,000.00 (Two HUNDRED 2192 FIFTY THOUSAND) PER HOMEOWNER. Now I KNOW I GOT IN BY THE SKIN OF MY TEETH AND I 2193 NEEDED TO BUY A HOME IN THE VALLEY AND THIS IS WHERE I COULD AFFORD. IT IS A BEAUTIFUL 2194 PLACE TO LIVE AND I DID MY DUE DILIGENCE. THE GAME HAS CHANGED NOW AND NOW I CAN'T 2195 LIVE THERE ANYMORE BUT I CAN'T SELL. BECAUSE THEY, SO WE'RE GETTING IT ON BOTH ENDS. 2196 SO YOU KNOW AS A COUNTY COMMISSIONER WE WANT, WE WANT TO ASK YOU TO USE YOUR 2197 POWER IN WHICH IT WAS GIVEN TO PROTECT THOSE PEOPLE THAT CAN'T PROTECT THEMSELVES 2198 AND SAY NO TO THIS PROJECT. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002017 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2199 CHAIRMAN MARTIN - THANK YOU. ANY QUESTIONS? THANK YOU 2200 VERY MUCH, ANOTHER SPEAKER THERE. 2201 JEAN ALBERICO - ERNIE KOLLAR. 2202 CHAIRMAN MARTIN - ERNIE. 2203 ERNIE KOLLAR - GETTING OLD. 2204 CHAIRMAN MARTIN - YEAH WE ALL HAVE THAT. 2205 ERNIE KOLLAR - HI, FM ERNIE KOLLAR UHM I LIVE AT 746 (SEVEN 2206 HUNDRED FORTY-SIX) WOODEN DEER ROAD. UHM IF THIS APPLICATION IS APPROVED AS 2207 PROPOSED WE WILL BE FACED WITH WALL TO WALL GRAVEL PITS. OUR VIEW WILL BE 2208 INTERRUPTED BY A CONTINUOUS BAND OF EXPOSED MATERIAL. THE NOISE AND THE DUST WILL 2209 BLAST THE WOODEN DEER SUBDIVISION IN STEREO. THE 2 (TWO) PITS WILL PROGRESS 2210 INDEPENDENT OF WHAT THE OTHER IS DOING. THE ENTIRE AREA WILL BE TRANSFORMED FROM A, 2211 FROM A RURAL RESIDENTIAL CHARACTER AND ZONING TO AN INDUSTRIAL WASTE ZONE. THE 2212 CUMULATIVE IMPACTS HAVE NOT BEEN ADDRESSED IN THIS APPLICATION. WITHOUT REAL TIME 2213 CONTINUOUS MONITORING OF DUST AND NOISE HOW WILL IT BE DE, HOW WILL IT BE DETERMINED 2214 WHICH PIT IS THE SOURCE OF THE PROBLEM? EACH PIT WILL POINT THEIR FINGER AT THE OTHER. 2215 APPROVAL OF THIS APPLICATION WOULD CREATE SIDE-BY-SIDE PITS A SITUATION WHERE THE PITS 2216 SHOULD BE HELD TO HIGHER STANDARDS. LAFARGE STATED REAL TIME MONITORING IS NOT 2217 NECESSARY ARGUING IT IS NOT REQUIRED AT OTHER PITS. THE SITUATION HERE IS DIFFERENT; 2218 HERE THERE WOULD BE SIDE BY SIDE PITS BOTH IN THE PATH OF PREVAILING WINDS. IF APPROVED 2219 THE COUNTY WOULD BE APPROVING 2 (TWO) COMPLETELY DIFFERENT PLANS; CONFLICTING PLANS. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002018 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2220 LAFARGE ARGUES THE NEED FOR COMPETITION BUT THEIR PLAN IS NOT EQUAL TO THE BLUE PIT. 2221 THE PLAYING FIELD IS NOT LEVEL. THEY WOULD BE PERMITTED AN UNFAIR ADVANTAGE. HOURS 2222 OF OPERATION FOR CRUSHING, DIGGING AND HEAVY HAULING FOR THE BLUE PIT: 7:00 (SEVEN) 2223 A.M. TO 5:00 (FIVE) P.M. FOR LAFARGE: 7:00 (SEVEN) A.M. TO 6:00 (SIX) P.M. MITIGATION; BLUE 2224 PIT PLANS TO START, START DEEP DOWN AT THE BOTTOM ON THE SOUTH SIDE THEN MOVE NORTH. 2225 LAFARGE'S MITIGATION PLAN AND SEQUENCING 15 EXACTLY BACKWARDS FROM THE BLUE PIT. IT 2226 WILL NOT WORK. IT'S DESIGNED FOR AREAS THAT ARE LEVEL NOT FOR SLOPPING SITES. THE 2227 BERMS WILL NOT BE AFFECTIVE FOR THE UPPER HOMES BECAUSE WOODEN DEER 15 SEVERAL, 2228 SEVERAL 100(HUNDRED) FEET HIGHER THAN THE PIT. THE UPPER HOUSES WILL LOOK DIRECTLY 2229 OVER THE BERM AND INTO THE PIT. SOUND WILL ALSO TRAVEL OVER DIRECTLY OVER THE BERM. 2230 FOR THE LOWER HOMES DUST WILL SWIRL AROUND THE BERM. THEY NEED TO START AT THE 2231 NORTH, THEY NEED TO START AT THE SOUTH END, DIG DOWN DEEP TO THE BOTTOM OF THE NT 2232 WHERE THEY WOULD BE OUT OF SIGHT THEN MOVE NORTH WITH POSSIBLY SMALLER BERM 2233 PROTECTION. FOR SEQUENCING BLUE PIT INTRODUCED THE CONCEPT OF RECLAIM AS YOU GO. 2234 LAFARGE PLANS TO STRIP TOPSOIL FROM THE ENTIRE SITE AND WORK TOP DOWN. As I 2235 UNDERSTAND IT, IT WILL TAKE 9 (NINE) TO 10 (TEN) YEARS, BASED ON THEIR NUMBERS, BEFORE 2236 THE AGGREGATE PLANT IS MOVED DOWN TO THE BOTTOM OF THE PIT. THERE IS NO RECLAIM AS 2237 YOU GO. IT IS ALL ONE BIG HOLE, A HOLE THEY ARE TRYING TO HIDE BEHIND ONE BIG UGLY BERM. 2238 THE PREDICTED 15 (FIFTEEN) YEAR PIT LIFE IS VERY OPTIMISTIC. IT IS BASED ON LEVELS OF 2239 EXTRACTION THAT ARE UNREALISTIC. IT IS BASED ON BOOM TIME LEVELS WHICH IN THE BROAD 2240 VIEW WAS A RELATIVELY SHORT PERIOD OF TIME AND PROBABLY A THING OF THE PAST. IF BASED 2241 ON CURRENT LEVELS OF EXTRACTION, THE PIT WILL LAST 30 (THIRTY) YEARS. WE WILL BE FACED 2242 WITH THE SAME SITUATION LAFARGE'S SILT PLANT, THE NORTH BANK GRAVEL NT IS CURRENTLY TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002019 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2243 FACED WITH. 1 (ONE) WHERE THE ECONOMY 1S USED FOR THE EXCUSE NOT TO RECLAIM. THIS IS 2244 ALL THE MORE REASON TO BREAK UP THE PHASING INTO SMALLER PIECES. THE CUMULATIVE 2245 IMPACTS CANNOT BE ADDRESSED UNLESS THERE, UNLESS THERE IS A COORDINATED EFFORT 2246 BETWEEN THE 2 (TWO) PITS. IN A LETTER BY SEAN FRISCH OF LAFARGE DATED AUGUST 10 (TEN), 2247 2010 (TWO THOUSAND TEN), S1-IAW SAYS "LAFARGE HAS WORKED TO MINIMIZE THE CUMULATIVE 2248 IMPACTS OF HAVING 2 (TWO) MINING AREAS ADJACENT TO EACH OTHER AND IS WILLING TO WORK 2249 WITH THE BLUE PIT TO DEVELOP A COMPREHENSIVE MINING PLAN FOR THE AREA". EVEN LAFARGE 2250 RECOGNIZES THE NEED TO DEVELOP A COMPREHENSIVE PLAN, WHICII SO FAR THE COUNTY HAS 2251 BEEN NEGLIGENT IN FACILITATING. PHASING THE PITS IS A SENSIBLE METHOD TO AVOID THE 2252 CUMULATIVE IMPACTS THAT WILL OTHERWISE DESTROY THE RURAL RESIDENTIAL CHARACTER OF 2253 THE NEIGHBORHOOD. PHASING SHOULD BE ORCHESTRATED SO THERE IS COORDINATED 2254 PROGRESSION BETWEEN THE 2 (TWO) PITS. THE PHASES SHOULD BE LIMITED TO 3 (THREE) OR 400 2255 (FOUR HUNDRED THOUSAND) TON SECTIONS WITH RECLAIM AS YOU GO. EACH PIT NEEDS TO BEGIN 2256 AT THE SOUTH END, DIG TO BOTTOM, THEN MOVE NORTH. THE COORDINATED EFFORT NEEDS TO 2257 RESEMBLE A MA AND PA SHOP. NOT A BIG INDUSTRIAL WASTE ZONE. IF THIS CAN'T HAPPEN THEN 2258 THE START OF THE CERISE MINE SHOULD BE DELAYED UNTIL THE BLUE PIT IS IN ITS FINAL STAGES 2259 OF RECLAMATION. IF THIS IS DONE THERE WOULD BE THE OPPORTUNITY FOR LAFARGE TO USE THE 2260 ACCESS ROAD FROM HIGHWAY 82 (EIGHTY-TWO) CURRENTLY USED BY THE BLUE PIT. THERE 2261 COULD EVEN BE THE OPPORTUNITY TO CAPTURE SOME OF THE GRAVEL BETWEEN THE TWO PITS 2262 THAT WOULD OTHERWISE BE LEFT UN -MINED. THIS IS NOT ABOUT KEEPING PEOPLE FROM MINING; 2263 IT'S ABOUT DOING IT RIGHT THE RESPONSIBLE WAY. THE NEIGHBORHOOD SHOULD NOT BE 2264 EXPECTED TO ENDURE THE PROPOSED IMPACTS FROM BOTH PITS SIMULTANEOUSLY. AGAIN THE 2265 IMPACTS SHOULD BE SPREAD OUT. THERE ARE 3 (THREE) OTHER GRAVEL PITS IN THE ROARING TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002020 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2266 FORK VALLEY THAT CAN SUPPLY THE NEEDS. 1 (ONE) IS ALREADY OWED BY THE APPLICANT. 2267 THERE IS ALREADY 20 (TWENTY) TO 40 (FORTY) YEARS OF PERMITTED GRAVEL IN THE UPPER 2268 PORTION OF GARFIELD COUNTY. THE GRAVEL WILL NOT GO AWAY; IT CAN BE EXTRACTED AFTER 2269 THE 1ST (FIRST) PIT IS FINISHED. THE APPLICATION SHOULD BE DENIED AND BROUGHT BACK TO THE 2270 TABLE WITH A MORE REASONABLE APPROACH. 1 (ONE), WITH COORDINATED PHASING BETWEEN 2271 THE 2 (TWO) PITS. 2 (TWO), WITH SMALLER SECTIONS OF MINING AREAS THAT ARE RECLAIMED 2272 BEFORE THE NEXT SECTION HAS STARTED, AND 3 (THREE) WITH REAL TIME CONTINUOUS 2273 MONITORING. GIVEN THE SIDE-BY-SIDE NATURE OF THE 2 (TWO) PITS, IT WOULD BE IRRESPONSIBLE 2274 FOR GARFIELD COUNTY TO SIMPLY REACT TO THE INDIVIDUAL APPLICATIONS. THE PROCESS NEEDS 2275 TO SLOW DOWN SO A COMPREHENSIVE APPROACH CAN BE TAKEN. A COMPREHENSIVE APPROACH 2276 STARTS WITH DENIAL OF THIS APPLICATION. THANK YOU. 2277 CHAIRMAN MARTIN - ANY QUESTIONS OF ERNIE2 ALRIGHT, 2278 THANK YOU VERY MUCH. OTHER SPEAKERS? 2279 JEAN ALBERICO - THERE WERE SOME HANDS THAT WERE RAISED 2280 UHM THAT ARE NOT ON THIS LIST. SO YOU MIGHT ASK. 2281 CHAIRMAN MARTIN - ANYONE WISH TO SPEAK? JOHN, YOU DO 2282 ALRIGHT. 2283 JOHN MARTIN -- MY NAME IS JOHN MARTIN I LIVE AT 3602 (THREE 2284 THOUSAND SIX HUNDRED AND TWO) COUNTY ROAD 108 (ONE HUNDRED EIGHT), CARBONDALE. 2285 AND I'M HERE TO SAY THE CERISE'S SHOULD HAVE AN OPPORTUNITY TO MINE THEIR GRAVEL. 2286 THEY'VE BEEN EXCELLENT NEIGHBORS TO US; I WAS OPERATOR OF UHM POWERS PIT FOR A 2287 NUMBER OF YEARS UNTIL WE SOLD IT OUT TO LAFARGE. AND, AND I FARMED THAT RANCH NEXT TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002021 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2288 TO CERISE'S SINCE 1956 (ONE THOUSAND NINE HUNDRED FIFTY-SIX) SO I GOT TO KNOW THEM 2289 PRETTY WELL. AND THEY'VE DONE A GOOD JOB AND THEY SHOULD HAVE A RIGHT TO THAT AND 2290 THE 1 (ONE) OTHER THING IS THEY SHOULDN'T HAVE THE OBLIGATION TO KEEP THEIR PLACE GREEN 2291 SO YOU FOLKS CAN LOOK AT IT. THAT'S NOT THEIR OBLIGATION AT ALL. THEY'RE FARMING IT 2292 AND TRYING TO MAKE A LIVING. THEY'RE HAVING A HARD TIME, THERE'S NO MONEY IN FARMING 2293 AND IT'S, IT'S TIME FOR THEM TO HAVE AN OPPORTUNITY TO DO SOMETHING ELSE WITH THEIR 2294 RANCH. THANK YOU. 2295 CHAIRMAN MARTIN - QUESTIONS OF JOHN? ANYONE ELSE? NOT 2296 ON THE LIST? Do WE WISH TO CONTINUE OR TAKE A BREAK. LAST SPEAKER. AT THIS TIME WE'LL 2297 GO AHEAD AND UH ALLOW THE APPLICANT TO RESPOND TO ANYTHING THAT YOU WISH TO IN THE 2298 PUBLIC COMMENT INAUDIBLE.... 2299 SEAN FRISCH- CAN YOU HEAR ME? I'I'I IINK LAFARGE HAS HEARD 2300 THESE COMMENTS UHM ON A FEW OCCASIONS AT THIS TIME. UHM WE BELIEVE THAT ALL OF OUR 2301 COMMENTS THAT HAVE BEEN SUBMITTED INTO THE RECORD UHM REGARDING THE CONDITIONS OF 2302 APPROVAL AS WELL AS ALL OF OUR STUDIES AND UHM THROUGH THE 36 (THIRTY-SIX) CONDITIONS 2303 OF APPROVAL HAVE, HAVE BEEN UH PRESENTED BY STAFF; WE BELIEVE THAT WE'VE ADDRESSED, 2304 UH TO THE BEST OF OUR EFFORTS, ANY OF THESE UH COMMENTS THAT HAVE BEEN MADE. UHM 2305 AND I WOULD, I WOULD I GUESS LEAVE IT UP TO THE COMMISSIONERS TO ASK ANY QUESTIONS OF 2306 THE UH, OF US FOR RESPONSE TO ANY OF THESE IF YOU HAVE ANY QUESTIONS ON OUR RESPONSE TO 2307 THE CONDITIONS OF APPROVAL, OR ANY SPECIFIC QUESTIONS ON ITEMS THAT WERE BROUGHT UP BY 2308 THE PUBLIC. WE'D LOVE TO RESPOND TO YOU AT THIS TIME. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF TETE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002022 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2309 CHAIRMAN MARTIN - WHAT'S THE PLEASURE OF THE BOARD AT 2310 THIS TIME, QUESTIONS OF THE APPLICANT? 2311 COMMISSIONER JANKOVSKY -1, I HAVE 1 (ONE) QUESTION. 2312 CHAIRMAN MARTIN - You HAVE A QUESTION GO AHEAD SIR. 2313 COMMISSIONER JANKOVSKY - 1 THINK THE THING THAT I REALLY 2314 NOTICED DURING YOUR PRESENTATION MORE THAN ANYTHING WAS THAT UH WHEN YOU SHOWED 2315 THE UH BLUE PIT, YOU SHOWED SECTIONS BEING, BEING MINED AND THEN RECLAIMED. AND THAT 2316 WHAT I SEE IN YOUR APPLICATION IS BASICALLY, THE WHOLE 60 (SIXTY), NOT, NOT RIGHT AWAY 2317 BUT WITHIN A SHORT AMOUNT OF TIME THE WHOLE 67 (SIXTY-SEVEN) ACRES ARE DISTURBED. 2318 WHY, WHY HAVE YOU NOT COME IN, YOU KNOW AND 1 KNOW IN YOUR UH YOUR PIT IN SILT, WHEN 2319 YOU WERE IN FRONT OF US BEFORE, YOU WERE MINING 10 (TEN) ACRES AT A TIME AND RECLAIMING 2320 THOSE 10 (TEN) ACRES. AND UH WHY HAVE YOU NOT COME, COME IN FRONT OF US WITH A 2321 APPLICATION THAT DOES UH IT DOES TAKE SMALLER SECTIONS OF THE AND, AND RECLAIM AND 2322 THEN MOVE TO UH UHM TO THE NEXT SECTION TO UH MINE? 2323 SEAN FRISCH -UHM, IN THIS CASE OUR PIT IS DIFFERENT THAN 2324 BLUE PIT. UHM THE BLUE PIT IS AN EXTENSION OF AN EXISTING PIT, 50 THEY ALREADY HAVE 2325 UHM, ACTUALLY 1 CAN GO BACK TO THE SLIDE HERE REALLY QUICKLY. THEY ACTUALLY HAVE AN 2326 EXISTING AREA WHERE THEIR PLANT IS SET-UP, THEIR READY MIX PLANT IS ALSO ALREADY SET-UP. 2327 UH SAME WITH NORTH BANK PIT AS YOU BROUGHT OUT. WE !LAVE ALL OF OUR OPERATIONS SET - 2328 UP AND WE'RE ONLY CONVEYING THAT MATERIAL ACROSS THE RIVER TO BE PROCESSED. IN THE 2329 CASE OF THE CERISE PIT UH GO BACK, LAFARGE IS REQUIRED TO SET-UP AN AREA WHERE 2330 MATERIAL CAN BE PROCESSED. SO WE HAVE TO START FROM SCRATCH HERE. WE HAVE TO 2331 ESTABLISH A PLANT SITE, WE HAVE TO ESTABLISH A UH WASH POND; UHM SO THESE ARE ALL TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65A8 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002023 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2332 THINGS THAT NEED TO BE TAKEN INTO CONSIDERATION IMMEDIATELY. IF WE COULD DIG A HOLE 2333 AND PUT A PLANT DOWN IN THE BOTTOM; WE WOULD DO THAT IMMEDIATELY. WE KNOW THAT 2334 HELPS ALL THE IMPACTS. UH WE'D LOVE TO DO THAT RUT WE NEED TO GET THAT HOLE IN THE 2335 GROUND FIRST. SO WHAT WE'RE PROPOSING ARE 2 (TWO) PHASES, PHASE 1 (ONE) TO CREATE THE 2336 TAILINGS POND THAT WILL LAST THE LIFE OF THE MINE. UH AND THEN THE 2ND (SECOND) PHASE 2337 WE'VE UH ACTUALLY PHASED IT TO BE A LITTLE BIT LARGER THAN WE'D LIKE TO SO THAT IT, SO 2338 THAT THE PROCESSING PLANT CAN BE MOVED TO THE FLOOR OF THE PIT AS SOON AS WE POSSIBLY 2339 CAN GET IT DOWN THERE. UHM SO THE INITIAL STRIPPING IS APPROXIMATELY 27 (TWENTY-SEVEN) 2340 ACRES. UHM IT OBVIOUSLY LOOKS LARGE IN SOME OF THESE PHOTOS BECAUSE YOU SEE SMALL 2341 DISTINCT PHASES GOING ACROSS FOR THE BLUE PIT. HOWEVER YOU HAVE TO TAKE INTO 2342 CONSIDERATION ALL OF THE AREA THAT'S ALREADY DISTURBED AND WILL REMAIN DISTURBED BY 2343 THEIR PIT THAT UH THEY HAVE BEEN ABLE TO PREVIOUSLY MINE. IN OUR SITUATION WE DON'T 2344 HAVE THE ALLOWANCE TO START AT THE BOTTOM AND WORK OUT. UH WE HAVE TO START ON TOP 2345 AND GET DOWN BEFORE WE CAN WORK OVER. SO OUR FIRST 2 (TWO) PHASES WILL START ON TOP 2346 AND WORK OUT. FROM THERE ON OUT WE'LL BE ABLE TO MINE IN STEPS DOWN TO THE FLOOR AND, 2347 AND BE ABLE TO HIDE OUR OPERATIONS BETTER. BUT THAT'S THE, THE REASON BEHIND IT IS WE 2348 CAN'T IMMEDIATELY START AT THE FLOOR LIKE THE OTHER 2 (TWO) PITS THAT YOU BROUGHT UP. 2349 CHAIRMAN MARTIN - ALRIGHT. OTHER QUESTIONS? MR. 2350 SAMSON. 2351 COMMISSIONER SAMSON - I GUESS THAT'S A VERY REASONABLE 2352 ANSWER FOR THAT. UH MY QUESTION TO YOU, ONE OF THE SPEAKERS I BELIEVE WAS MR. KOLLAR 2353 MADE A VERY INTERESTING COMMENT; HE SAID THAT YOU HAD WRITTEN A LETTER SAYING THAT TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE. PERMIT FOR MAJOR IMPACT REVIEW OF TFIE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002024 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2354 YOU WERE GOING TO WORK WITH THE BLUE PIT FOR CUMULATIVE IMPACTS. COULD YOU ADDRESS 2355 THAT AND TELL US WHAT YOU'VE DONE SO FAR; WHAT YOUR PLANS ARE AND SO ON? 2356 SEAN FRISCH- YES. UHM LAFARGE UH, UH WHEN WE 1 ST (FIRST) 2357 SUBMITTED THE APPLICATION IN AUGUST OF 2010 (TWO THOUSAND TEN) WE DID STATE THEY 2358 WOULD, 1 STATED, THAT WE WOULD WORK WITH THE BLUE PIT IN ANY MANNER THAT WE COULD 2359 TO HELP ADDRESS ANY CUMULATIVE IMPACTS. WE DID MAKE UHM 2 (TWO) TO 3 (THREE) PHONE 2360 CALLS TRYING TO GET IN TOUCH WITH THEM; OBVIOUSLY THEY WERE GOING THROUGH THEIR 2361 PERMITTING UHM PROJECT AND JUST UNTIL WITHIN THE LAST MONTH WE HAD NOT BEEN ABLE TO 2362 GET A HOLD OF THEM TO START ADDRESSING ANY COMMENTS. UHM WE HAVE SPOKEN WITH THEM 2363 AND, AND BECAUSE WE ARE SO LATE IN THE PROCESS WE DIDN'T HAVE A CHANCE TO ADDRESS A 2364 CHANGE IN THE APPLICATION; HOWEVER WE HAVE TALKED WITH THEM ABOUT THEIR MINE 2365 PHASING AS WELL AS UH OUR MINE PHASING. WE'VE ALSO LOOKED INTO THE COMPATIBILITY AND 2366 THE TIMING OF THEIR APPLICATION TO IDENTIFY WHAT THE CUMULATIVE IMPACTS WOULD BE AND 2367 UH WHAT TYPE OF THINGS WE CAN USE TO MITIGATE THOSE. UH THOSE HAVE BEEN MADE 2368 CONDITIONS OF APPROVAL AS PART OF THE UH NOISE AND AIR STUDIES THAT WE HAVE SUBMITTED. 2369 AND UI -I THAT'S ESSENTIALLY THE WORK THAT WE'VE DONE. WE STATED AUGUST THAT WE 2370 WOULD TRY AND CONTACT THEM AND TRY AND WORK WITH THEM. UH TO ABOUT A MONTH AGO 2371 WE WEREN'T ABLE TO GET IN CONTACT AND, AND BE ABLE TO START ANY OF THOSE DISCUSSIONS. 2372 SO, UHM WE WILL CONTINUALLY BE WORKING WITH THEM AND IF THERE ARE TECHNIQUES THAT 2373 WE CAN USE WE'RE HAPPY TO UH ACCOMMODATE THOSE AND WE CAN EVEN, UHM LAFARGE HAS 2374 AGREED TO 1 (ONE) OF THE CONDITIONS OF APPROVAL TO GO INTO ANNUAL REVIEW OF THIS PIT. 2375 AND TO PRESENT NEW TECHNIQUES THAT MAY COME, COME IN THE FUTURE THAT WE'LL NOTICE TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002025 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2376 WHEN THE 2 (TWO) PITS ARE OPERATING TO UH IMPROVE SOME OF THESE CONDITIONS OF 2377 APPROVAL OR TECHNIQUES THAT WE CAN UTILIZE. 2378 COMMISSIONER SAMSON - THANK YOU. 2379 CHAIRMAN MARTIN - Go TO STAFF; DO YOU HAVE EVERYTHING 2380 THAT YOU NEED IN REFERENCE TO A ....INAUDIBLE... PROTECTION? ANYTHING THAT CAME UP 2381 THAT YOU NEEDED THAT YOU NEEDED TO DEAL WITH? 2382 MOLLY ORKILD-LARSON - UHM JUST, I DID WANT TO PROVIDE 2383 SOME CLARIFICATION UHM ABOUT THE REVIEWS THEY VERIFIED THAT WOULD BE THE STATE, THE 2384 MODEL AND....INAUDIBLE..... WOULD BE REVIEWED BY THE ...INAUDIBLE.. UHM STAFF DID LOOK 2385 AT THE AIR PERMIT WHEN IT CAME IN; BUT WE ARE NOT THE DECIDING BODY ON THAT. 2386 2387 STATE? COMMISSIONER SAMSON - THAT WOULD BE TOTALLY UP TO THE 2388 MOLLY ORKILD-LARSON - YES. THEY HAVE THE 2389 SOFTWARE.....INAUDIBLE...... REVIEW IT AND ASK.....INAUDIBLE...THE NATIONAL. ..INAUDIBLE 2390 ....MEET STANDARDS THERE WAS A COMMENT ABOUT UHM .....INAUDIBLE...PLAN, THE 2391 MITIGATION, UH THE MITIGATING IMPACT TO UH EAGLE HABITAT, UHM CDOT, NOT CDOT THE 2392 DIVISION OF WILDLIFE INDICATED THERE WERE NO IMPACTS. ....INAUDIBLE.... SO THIS LETTER 2393 CAME AFTER UH THE LETTER THAT WAS SUBMITTED TODAY; YES, FRIDAY UHM IS AFTER THE FACT 2394 SO THE APPLICANT WOULDN'T BE .....INAUDIBLE THAT'S ABOUT ALL I HAVE TO SAY. 2395 ....INAUDIBLE.... TRANSCR IPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002026 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2396 CIAIRNIAN MART[N - ALRIGHT. COUNSELOR, ISSUES THAT YOU 2397 MAY COME TO LIGHT? 2398 CAREY GAGNON - YES. 1 (ONE) ISSUE I'D LIKE TO RAISE UH 2399 SEVERAL REFERENCES WERE MADE THROUGHOUT THE PROCESS TO THE SITE VISIT. SO FAR THE 2400 ONLY EXHIBIT THAT'S PART OF YOUR LIST REGARDING THE SITE VISIT IS THE INFO SHEET THAT 2401 MOLLY HANDED OUT. I WOULD LIKE TO REQUEST THAT YOU INCLUDE, AS AMONG YOUR EXHIBITS, 2402 THE MINUTES FROM THAT SITE VISIT AS WELL. UHM SINCE AREN'T PRESENTLY INCLUDED AND IN 2403 ADDITION BEFORE YOU CLOSE THE PUBLIC HEARING IF THERE IS SOMETHING THAT YOU LEARNED 2404 OR TI -IAT YOU SAW ON THAT SITE VISIT THAT YOU ARE PLANNING ON RELYING ON AND MAKING 2405 YOUR DECISION; UHM IF YOU WOULD BE WILLING TO RAISE THAT NOW SO EITHER THE APPLICANT 2406 OR THE PUBLIC CAN ADDRESS THAT WHILE THE PUBLIC HEARING IS STILL OPEN. 2407 CHAIRMAN MARTIN ---I THINK WE SHOULD,...INAUDIIILE... ARE 2408 THERE ANY ISSUES FROM THAT SITE VISIT THAT YOUR WISH TO CONSIDER? OTHER THAN WE WERE 2409 THERE AND LISTENED TO BOTH PRESENTATIONS. 2410 COMMISSIONER JANKOVSKY - I MEAN I DON'T MIND INCLUDING 2411 THE MINUTES. I DON'T MIND INCLUDING THE MINUTES. 2412 CHAIRMAN MARTIN - WE NEED A MOTION THEN TO INCLUDE 2413 THOSE MINUTES. 2414 2415 COMMISSIONER JANKOVSKY --- I'LL MAKE THAT MOTION. MOLLY ORKILD-LARSON - AND COULD WE IDENTIFY IT AS "TT"? TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002027 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2416 CHAIRMAN MARTIN - ALRIGHT. 2417 COMMISSIONER SAMSON - THE MOTION IS TO IDENTIFY THE 2418 MINUTES.... 2419 COMMISSIONER,IANKOVSKY-AS A YES, IN THE. 2420 COMMISSIONER SAMSON - SECOND. 2421 CHAIRMAN MARTIN - ALRIGHT A MOTION AND A SECOND. ALL 2422 THOSE IN FAVOR? 2423 COMMISSIONER JANKOVSKY - AYE. 2424 COMMISSIONER SAMSON - AYE. 2425 CHAIRMAN MARTIN - ALRIGHT WE WILL SUPPLY THOSE MINUTES 2426 TO BE READ BY ANYONE WHO WISHES TO READ IT AS PART OF THE PUBLIC RECORD. ALRIGHT, ANY 2427 OTHER ISSUE THAT YOU WISH TO DISCUSS OR QUESTIONS THAT YOU HAVE FORMULATED THAT YOU 2428 WISH TO BRING UP? 2429 COMMISSIONER JANKOVSKY - YEAH I DO ON THE NOISE. UHM 2430 THERE WERE, I MEAN WE TALKED ABOUT UH 55 (FIFTY-FIVE) DECIBELS WAS TALKED ABOUT 2431 CONSIDERABLY AND FROM WHAT I READ FROM AN INDUSTRIAL APPLICATION 80 (EIGHTY) 2432 DECIBELS SEEMS TO BE MORE THE NOISE LEVEL THAT WOULD BE ACCEPTABLE. 2433 CHAIRMAN MARTIN - INDUSTRIAL STANDARD IS 80 (EIGHTY) 2434 DECIBELS, RESIDENTIAL WITHIN THAT AREA HAS BEEN DEEMED TO BE UI -155 (FIFTY-FIVE) 2435 DECIBELS. IT'S TALKED ABOUT CONSIDERABLY AND, AND I JUST I'M, I'M SEEING FROM AN IND, 2436 AND FROM WHAT I READ FROM AN INDUSTRIAL UH APPLICATION. 80 (EIGHTY) DECIBELS SEEMS TO 2437 BE, SEEMS TO BE MORE THE UH NOISE LEVEL THAT WOULD BE ACCEPTABLE. I MEAN UHM I GUESS 2438 I'M TRYING..... AN INDUSTRIAL STANDARD IS 80 (EIGHTY) DECIBELS. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 143 BOCC 11CV214 - 002028 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2439 COMMISSIONER JANKOVSKY - IS 80 (EIGHTY) DECIBELS. 2440 CHAIRMAN MARTIN - IF YOU DO A RESIDENTIAL WITHIN THAT 2441 AREA THAT'S WHEN IT NEEDS TO BE 55 (FIFTY-FIVE) 2442 COMMISSIONER JANKOVSKY - 55 (FIFTY-FIVE) OKAY THANK YOU. 2443 CHAIRMAN MARTIN - SO IF YOU'RE GOING TO GO AHEAD AND DO 2444 THAT YOU'LL NEED TO MAKE SURE THAT YOU DO YOUR FINDINGS THAT THIS IS INDUSTRIAL ZONED 2445 AREA THAT WILL BE ALLOWED TO HAVE 80 (EIGHTY) DECIBELS OR STAY WITHIN THOSE STATE 2446 REGULATIONS, IF THAT IS WHAT YOU WISH TO DO. 2447 COMMISSIONER JANKOVSKY - OKAY 2448 CHAIRMAN MARTIN - BUT THAT WOULD BE A FINDING THAT YOU 2449 WOULD HAVE TO...INAUDIBLE.. ANY CORRECTIONS COUNSELOR ON THAT? YOUR GONNA LOOK 2450 AREN'T YA? 2451 CAREY GAGNON- I AM GONNA LOOK. I THINK THE IMPORTANT 2452 THING TO KEEP IN MIND IS THAT THE DECIBEL MODEL IS MEASURED FROM THE NEIGHBORING 2453 PROPERTY AND SO DEPENDING UPON WHICH PERIMETER YOU'RE CONCERNED ABOUT THEN THE 2454 NEIGHBORING ZONING MAYBE DIFFERENT. 2455 COMMISSIONER JANKOVSKY - SO IN THE RESIDENTIAL AREA IT 2456 MAYBE 55 (FIFTY-FIVE) DECIBELS, BUT IN THE UH IN THE MINING AREA IT MAYBE 80 (EIGHTY) 2457 DECIBELS. 2458 CAREY GAGNON- THAT'S CORRECT. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002029 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2459 CHAIRMAN MARTIN - AT A 25 (TWENTY-FIVE) FOOT DISTANCE OR 2460 WHATEVER DISTANCE IT iS TO BE MEASURED. WOULD YOU GO AHEAD AND MAKE SURE THAT THAT 2461 SITE IS CORRECT SO THAT WE CAN CONSIDER THAT. 2462 CAREY - AND ARE YOU JUST TALKING ABOUT CONSTRUCTION NOW 2463 OR ARE YOU TALKING ABOUT GENERAL OPERATIONS CLOSE TO CONSTRUCTION? 2464 COMMISSIONER JANKOVSKY -- GENERAL OPERATIONS. 2465 CHAIRMAN MARTIN - GENERAL OPERATIONS. 2466 CAREY GAGNON - UHM I WOULD REFER YOU TO SECTION 7-840 2467 (SEVEN DASH EIGHT FORTY) IN OUR LAND USE CODE; SUBSECTION "C" IT'S ON PAGE 7-127 (SEVEN 2468 DASH ONE TWENTY-SEVEN). UHM REFERENCES NOISE AND VIBRATION; IT SAYS AN APPLICANT 2469 SHALL CONDUCT A NOISE STUDY THAT DEMONSTRATES THE PROPOSED GRAVEL OPERATION CAN 2470 MEET THE REQUIREMENT IN MATRIX BELOW BASED ON MEASURING SOUND LEVELS OF NOISE 2471 RADIATING FROM A PROPERTY LINE AT A DISTANCE OF 25 (TWENTY-FIVE) FEET OR MORE BEYOND 2472 THE SUBJECT PROPERTIES. SO IT IS A 25 (TWENTY-FIVE) FOOT L1MIT AND THEN THE CHART GOES ON 2473 TO DEMONSTRATE UHM DIFFERENCES BETWEEN RESIDENTIAL, COMMERCIAL, LIGHT INDUSTRIAL 2474 AND INDUSTRIAL. WHICH I BELIEVE YOU'VE SEEN. 2475 CHAIRMAN MARTIN - DOES IT HAVE CONSTRUCTION IN THERE AS 2476 WELL? 2477 CAREY GAGNON- IT DOES NOT. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002030 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2478 CHAIRMAN MARTIN - SO AT THAT TIME YOU WOULD I-IAVE TO 2479 PLAN THAT THIS IS GOING TO BE UNDER CONSTRUCTION FOR OVERALL STANDARD PRACTICE. 2480 COMMISSIONER JANKOVSKY - SO LET ME, 25 (TWENTY-FIVE) 2481 FEET, IF YOU HAVE AN INDUSTRIAL OPERATION, AND THEN YOU GO 25 (TWENTY-FIVE) FEET 2482 BEYOND THE BOUNDARY WHAT IS THAT WHAT IS THE DECIBEL; WOULD IT BE THE 80 (EIGHTY) 2483 DECIBELS OR IT WOULD BE 55 (FIFTY-FIVE)? 2484 CAREY GAGNON- IF THE NEIGHBORING PROPERTY... 2485 COMMISSIONER JANKOVSKY - IS RESIDENTIAL. 2486 CAREY GAGNON - IS, IS RESIDENTIAL THEN YOU DEFAULT TO THE 2487 RESIDENTIAL STANDARD WHICH I5 UH DURING 7:00 (SEVEN) A.M. TO 7:00 (SEVEN) P.M. IS THE 55 2488 (FIFTY-FIVE) DBA. 2489 COMMISSIONER JANKOVSKY -- SO FROM, FROM THE EDGE OF THE 2490 CERISE PROPERTY YOU WOULD GO AND SAY THEN IT WOULD BE A 55 (FIFTY-FIVE) DECIBEL UH, 2491 THAT'S CORRECT? 2492 CAREY GAGNON - As YOU HEAD NORTH TO WOODEN DEER 2493 SUBDIVISION THAT'S CORRECT. 2494 COMMISSIONER JANKOVSKY - 25 (TWENTY-FIVE) FEET. 2495 CAREY GAGNON - IF YOU WERE TO HEAD THE OTHER DIRECTION 2496 TOWARDS THE BLUE PIT IT'S, IT'S A DIFFERENT STANDARD, SUBJECT TO YOUR INDUSTRIAL 2497 BECAUSE THAT'S THE USE OF THE NEIGHBORING PROPERTY. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65A8 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002031 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2498 COMMISSIONER JANKOVSKY - ALRIGHT. THAT CLARIFIES THAT 2499 FOR ME YES. 2500 MOLLY ORKILD-LARSON - AND TOM UHM UH STAFF RECOGNIZED 2501 TO THE EAST TO THE BLUE P1T WE LOOKED AT IT AS THE BEST.....INAUDIBLE...... 2502 COMMISSIONER JANKOVSKY - RIGHT, SOUTH IS 82 (EIGHTY-TWO) 2503 BASICALLY TO GET ACROSS THE ROAD. 2504 MOLLY ORKILD-LARSON - AND THAT'S, THAT'S HOW IT WAS UHM 2505 REVIEWED....INAUDIBLE.....ALSO... INAUDIBLE.. . 2506 COMMISSIONER SAMSON - QUESTION FOR STAFF. I (ONE) OF THE, I 2507 THINK IT WAS MR. DOLLAR AGAIN MADE THE POINT THAT WHEN THE BLUE PIT EXTENSION WAS 2508 APPROVED THEIR HOURS WERE 7:00 (SEVEN) A.M. TO 5:00 (FIVE) P.M. INSTEAD OF 7:00 (SEVEN) 2509 A.M. TO 6:00 (six) P.M.? 2510 MOLLY ORKILD-LARSON -THAT'S I, I HAVEN'T LOOKED AT THAT 2511 SPECIFICALLY ON, ON THAT APPROVAL. UHM, UH I COULD CHECK INTO THAT FOR YOU? 2512 CHAIRMAN MARTIN - DO YOU REMEMBER? 2513 COMMISSIONER SAMSON - I DON'T REMEMBER. 2514 CHAIRMAN MARTIN - WE'RE SURE THAT TI-IERE WAS AN 2515 ADJUSTMENT TO THE TIME BUT I COULDN'T TELL YOU WHAT IT WAS. THAT WAS PART OF THE 2516 ORIGINAL MOTION. 2517 MOLLY ORKILD-LARSON - I COULD LOOK INTO THAT. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SCTE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002032 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2518 CHAIRMAN MARTIN - IT WAS A CHANGE FROM RECOMMENDATION 2519 I CAN TELL YOU THAT. 2520 COMMISSIONER JANKOVSKY -I THINK THAT'S AN IMPORTANT 2521 PIECE OF INFORMATION TO HAVE. 2522 CHAIRMAN MARTIN - ALRIGHT. Do YOU WISH TO KEEP THE 2523 PUBLIC HEARING OPEN? Do YOU WISH TO CONTINUE IT? Do YOU WISH TO GO AHEAD AND MAKE A 2524 DELIBERATION TODAY? Do YOU WISH TO DO RESEARCH? WHAT DO YOU WISH TO DO? 2525 COMMISSIONER SAMSON - WHAT I WOULD LIKE TO DO IS GIVE 2525 ANYBODY WHO WANTS THERE LAST SAY TO SAY IT IF THAT'S POSSIBLE. 2527 CHAIRMAN MARTIN - IT IS. 2528 COMMISSIONER SAMSON - AND THEN CLOSE THE PUBLIC HEARING 2529 AND GO FROM THERE. 2530 CHAIRMAN MARTIN - ALRIGHT. 2531 COMMISSIONER SAMSON - IF THAT'S FINE WITH... 2532 CHAIRMAN MARTIN - Do YOU CONCUR? 2533 COMMISSIONER JANKOVSKY -1 CONCUR. 2534 CHAIRMAN MARTIN - WE'LL START WITH THE PUBLIC; IS THERE 2535 ANYONE IN THE PUBLIC WHO WISHES TO HAVE A SECOND SAY? THAT THEY HAVE NOT HAD TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002033 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2535 SOMETHING TO SAY. MR. GOOD... (DIDN'T GET SPELLING OF LAST NAME)....WE'VE GOT TO GET 2537 YOU A MICROPHONE. 2538 JOHN GOOD... (REST OF NAME NO SPELLING) - IT'S JUST A QUICK 2539 1 (ONE). 2540 CHAIRMAN MARTIN - I KNOW BUT WE STILL GOTTA PICK YOU UP 2541 ON, ON THE RADIO, AND ON THE TV AND ON THE INTERNET. YOU'RE A FAMOUS GUY RIGHT NOW. 2542 JOHN GOOD ....(REST OF NAME NO SPELLING). - YEAH, ON, JUST A 2543 QUESTION TOO; I SUBMITTED A LETTER A COUPLE OF WEEKS AGO AND I DON'T KNOW HOW THESE 2544 THINGS ARE GETTING LOST. BUT IT IS ALSO NOT ON THAT LIST. I JUST WANTED TO BRING THAT TO 2545 YOUR ATTENTION. 2546 MOLLY ORKILD- LARSON - WHO DID YOU SUBMIT IT TO? 2547 JOHN GOOD...(REST OF NAME NO SPELLING) - IT WAS WRITTEN TO 2548 THE COUNTY COMMISSIONERS AND AT THEIR ADDRESS AND UH SO THAT'S ALL THAT I HAVE IN 2549 ADDITION TO SAY. 2550 CHAIRMAN MARTIN -WE'LL NEED TO FIND OUT AND SUBMIT THAT. 2551 WHAT HAPPENS IS A GENERAL MAILING GOES TO OUR MAIL ROOM AND THEN SOMETIMES THEY 2552 DISTRIBUTE IT TO DIFFERENT PLACES, WHATEVER INTEREST IT MAYBE. IT MAY HAVE GONE TO 2553 PLANNING, IT MAY HAVE GONE TO INDIVIDUAL COMMISSIONERS, IT MAY HAVE GONE TO THE 2554 ADMINISTRATION, IT MAY HAVE GONE TO THE CLERK AND RECORDER SEVERAL TIME, AND THAT'S 2555 AGAIN A DISTRIBUTION PROBLEM. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE. CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002034 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2556 JOHN GOOD...(REST OF NAME NO SPELLING) -RIGHT AND I 2557 UNDERSTAND THAT IN FACT I HEARD THAT THE WAY TO GET RID OF OUR NUCLEAR. WASTE IS MAIL 2558 OR PUT IT IN AN ENVELOPE AND MAIL IT TO YOU SO. 2559 CHAIRMAN MARTIN - No, IT WILL END UP ON MY DOORSTEP I CAN 2560 TELL YOU THAT. 2561 MOLLY ORIULD-LARSON - I'M SORRY CAN I GET YOUR NAME 2562 AGAIN AND I'LL CHECK UP ON THAT. 2563 CHAIRMAN MARTIN - AND NOW WHO HAD ANOTHER COMMENT? 2564 JOHN YOU WISH TO HAVE A COMMENT? WHO ELSE, ANYONE ELSE? JOHN YOU'RE THE FINAL WORD 2565 THEN BACK TO THE BOARD. 2566 JOHN MARTIN - I LIVE AT 3602 (THREE THOUSAND SIX HUNDRED 2567 TWO) COUNTY ROAD 108 (ONE HUNDRED EIGHT). AND I (ONE) OTHER COMMENT THAT I WANTED 2568 TO MAKE IS, ALL OF THE DUST THAT COMES INTO THIS VALLEY DOES NOT COME FROM GRAVEL PITS. 2569 WE GET A LOT OF UTAH BLOW DUST THAT COMES IN. I LIVE 5 (FIVE) MILES FROM THE GRAVEL PIT 2570 AND THE DUST ALL COMES RIGHT UP THE VALLEY THAT COMES TO ME. AND THERE'S A LOT OF 2571 DAYS MY WINDOWS ARE BROWN OR RED AND MY VEHICLES ARE COVERED WITH IT AND IT BLOWS 2572 OUT OF THE DESERTS OF UTAH. SO THIS IS JUST THE WAY IT IS PART OF THE TIME. 2573 CHAIRMAN MARTIN - APPLICANT ANYTHING FURTHER? 2574 SEAN FRISCH - UH I WOULD JUST AGAIN LIKE TO THANK EVERYONE 2575 FOR THEIR TIME TODAY. ALSO LIKE TO THANK STAFF AGAIN FOR ALL THE WORK THAT SHE'S PUT 2576 IN. UH WITH ALL THE NEIGHBORHOODS AND ALL THE QUESTIONS THAT WE'VE ASKED AND TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM TI -IE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002035 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2577 COMMENTS WE'VE HAD WITH HER. I'D LIKE TO THANK EVERYBODY AND AGAIN AND REQUEST 2578 APPROVAL OF THIS APPLICATION, 2579 CHAIRMAN MARTIN - COUNSELOR ANYTHING THAT YOU WOULD 2580 HAVE THAT YOU WANT US TO CONSIDER? 2581 CAREY GAGNON-NO UNLESS YOU HAVE QUESTIONS FOR 2582 ME,....INAUDIBLE...THAN NOTHING. 2583 CHAIRMAN MARTIN - THEN THAT WOULD BE OUT AGAIN. 2584 INAUDIBLE... 2585 MOLLY ORKILD-LARSON - ARE YOU COMFORTABLE WITH THE 90 2586 (NINETY) DECIBELS? 2587 CHAIRMAN MARTIN - THAT'S A DETERMINATION IN IN 2588 DELIBERATION. I THINK THAT WE'LL HAVE TO HAVE FINDINGS 1 (ONE) WAY OR THE OTHER ON 2589 THAT; EITHER FOR OR AGAINST AND HAVE THOSE FINDINGS. 2590 MOLLY ORKILD-LARSON - ALRIGHT. 2591 CHAIRMAN MARTIN - GENTLEMEN ANYTHING FURTHER THAT YOU 2592 WISH TO ASK THE APPLICANT, THE STAFF, LEGAL UH LEGAL IS ALWAYS OPEN TOO BUT WE WOULD 2593 HAVE TO GO INTO EXECUTIVE SESSION AND IDENTIFY THAT AS LEGAL ADVICE ONLY OR THE 2594 GENERAL PUBLIC. THIS IS IT. 2595 COMMISSIONER SAMSON - CAN ALWAYS TALK TO THE STAFF 2596 RIGHT? TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65,48 --ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002036 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2597 CAREY GAGNON - NO. 2598 COMMISSIONER SAMSON - CAN'T TALK TO STAFF ANYMORE? 2599 CHAIRMAN MARTIN - ONCE THE PUBLIC HEARING, ONCE THE 2600 PUBLIC HEARING IS OVER, AND THEN IT'S UP TO THE 3 (THREE) OF US TO DELIBERATE IN PUBLIC 2601 AND COME UP WITH THE FINDINGS EITHER FOR OR AGAINST AND CONDITIONS OF APPROVAL OR 2602 NONE. BUT YOU HAVE TO HAVE FINDINGS. 2603 COMMISSIONER SAMSON -- SO IF I WANT TO DO SOME MORE 2604 RESEARCH, I CANNOT UTILIZE THE STAFF? 2605 CAREY GAGNON - IF YOU WOULD LIKE. TO DO MORE RESEARCH 2606 THEN IT WOULD BE APPROPRIATE TO UHM CONTINUE THE PUBLIC HEARING ON THE MATTER. 2607 CONDUCT WHATEVER ADDITIONAL RESEARCH YOU FEEL IS NECESSARY AND THEN....INAUDIBLE... 2608 CHAIRMAN MARTIN - You WOULD ALSO HAVE TO IDENTIFY THAT 2609 SUBJECT MATTER AND SHARE THE RESEARCH AND THE FINDINGS WITH THE REST OF THE BOARD IN A 2610 GENERAL SESSION AND DISCLOSE WHAT IT IS. 2611 COMMISSIONER SAMSON - I DON'T WANT TO CLOSE THE PUBLIC 2612 HEARING THEN BECAUSE 1 THINK 1 NEED TO DO SOME MORE RESEARCH ON THE SOUND. I WANT TO 2613 DO SOME MORE RESEARCH CONCERNING THE HOURS. I WANT TO DO SOME MORE RESEARCH 2614 CONCERNING THE CUMULATIVE IMPACTS. I FIND IT A LITTLE BIT INTERESTING THAT I BELIEVE UH 2615 SEAN SAID THEY STARTED TRYING TO CONTACT THE BLUE PIT IN AUGUST; IS THAT WHAT YOU 2616 SAID? TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002037 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2617 SEAN FRISCH - YES. 2618 COMMISSIONER SAMSON - AND NOW IT IS NOW JUNE. I WANT TO 2619 DO SOME RESEARCH ON UH WHAT CUMULATIVE IMPACTS BETWEEN THE 2 (TWO) PITS COULD 2620 POSSIBLY BENEFIT EACH OTHER. 2621 CHAIRMAN MARTIN - THEN YOUR MOTION IS TO CONTINUE THE 2622 PUBLIC HEARING FOR THE UH RESEARCH OF THE SUBJECT THAT YOU BROUGHT FORWARD AND THAT 2623 YOU WILL REPORT TO THOSE AT A PUBLIC MEETING AT A DATE SPECIFIC AND THAT WE WILL 2624 CONTINUE THE PUBLIC HEARING; IS THAT WHAT YOU HAVE? 2625 CAREY GAGNON - THAT'S WHAT I UNDERSTAND. ARE YOU 2626 DIRECTING STAFF TO PROVIDE YOU WITH ADDITIONAL INFORMATION? 2627 COMMISSIONER SAMSON- YES. 2628 CAREY GAGNON- You HAVE SPECIFIC ISSUES THAT YOU WOULD 2629 LIKE YOUR STAFF TO ADDRESS REGARDING SOUND, HOURS OF OPERATION, CUMULATIVE IMPACTS? 2630 COMMISSIONER SAMSON - Now IF I HAVE SOMETHING ELSE COME 2631 UP IN MY MIND BETWEEN NOW AND THEN I CAN'T ASK ANYTHING ABOUT IT? 2632 CHAIRMAN MARTIN - You NEED TO IDENTIFY THOSE SUBJECTS. 2633 CAREY GAGNON - IF YOU CAN IDENTIFY YOUR EXHAUSTED LIST OF 2634 SUBJECTS NOW AND THEN IT WILL BECOME... 2635 COMMISSIONER SAMSON - WELL THAT'S WHAT I'VE GOT RIGHT 2636 NOW, BUT SOMETHING ELSE COULD COME OUT. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002038 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2637 CAREY GAGNON -- IF SOMETHING ADDITIONAL COMES UP YOU CAN 2638 ALWAYS CONTINUE THE HEARING AGAIN. 2639 COMMISSIONER JANKOVSKY - DID YOU HAVE AIR QUALITY IN 2640 THERE? I WOULD LIKE TO SEE YOUR AIR QUALITY IN THAT AS WELL. You KNOW I'M, I'M IJHM I 2641 FEEL LIKE I COULD MAKE MOTION BUT IT WOULD BE, IT WOULD BE A LOT BETTER MOTION IF I HAD 2642 SOME TIME TO LOOK AT IT SO I WILL 2ND (SECOND), I WILL 2N (SECOND) YOUR MOTION. 2643 CHAIRMAN MARTIN - ALRIGHT THE MOTION IS TO GO AHEAD AND 2644 CONTINUE THE PUBLIC HEARING WITH THE ITEMS THAT YOU HAVE STATED FOR RESEARCH BY THE 2645 STAFF TO BRING BACK. WE WILL DISCLOSE THAT TO THE GENERAL PUBLIC, THE APPLICANT AND 2646 DISCUSS IT OPENLY. AND TOM SECONDED THAT; DO WE HAVE A DATE SPECIFIC? 2647 COMMISSIONER SAMSON - WELL I WANT TO ASK MOLLY SINCE 2648 SHE IS THE LEAD ON THIS; WOULD YOU FEEL COMFORTABLE IN COMING BACK TO US TN A WEEK, OR 2649 DO YOU FEEL YOU NEED MORE TIME? BECAUSE YOU'RE THE 1 (ONE) THAT'S GONNA. 2650 ...INAUDIBLE 2651 MOLLY ORIULD-LARSON -1 THINK IF YOU GAVE ME 2 (Two) 2652 WEEKS I COULD DO IT. 2653 COMMISSIONER JANKOVSKY-2 (TWO) WEEKS GET'S US INTO... 2654 COMMISSIONER SAMSON - 2 (TWO) WEEKS WOULD ALLOW US TO 2655 MEET ON THE 27TD (TWENTY-SEVENTH) BUT IF WE MADE IT 3 (THREE) WEEKS THEN IT WOULD BE 2656 TUESDAY, JULY 5TH (FIFTH). TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002039 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2657 MOLLY ORKII.D-LARSON - SURE. 2658 COMMISSIONER SAMSON - NEXT TIME WE MEET WOULD BE THE 4T13 2659 (FOURTH) OF JULY NORMALLY AND WE'RE NOT GONNA DO THAT SO IT'D BE THE 5111(FIFTH) OF 2660 JULY SOUND GOOD? 2661 CHAIRMAN MARTIN - IS THAT ALLOWED IN STATUTE THAT LENGTH 2662 OF TIME COUNSELOR? A CONTINUATION BE... 2663 COMMISSIONER SAMSON - 3 (THREE) WEEKS 21 (TWENTY-ONE) 2664 DAYS FROM TODAY. 2665 CAREY GAGNON - I BELIEVE SO. 2666 CHAIRMAN MARTIN - ALRIGHT THANK YOU VERY MUCH. 2667 COMMISSIONER SAMSON - Now BEFORE WE VOTE I WANT TO 2668 MAKE 2 (TWO) COMMENTS. IT'S BEEN SAID A COUPLE TIMES, 1 THINK IT WAS SAID ABOUT 3 (THREE) 2669 TIMES TODAY, BY SOME OF THE PEOPLE THAT UH THEY FELT THAT TI -HS WAS A DONE DEAL. I'M NOT 2670 GOING TO SAY THAT I TAKE OFFENSE AT THAT. I DON'T. I KNOW THAT I RAN FOR THIS POSITION 2671 AND I WAS ELECTED AND WE GOTTA TAKE THE HEAT. No MATTER WHAT WE DO UP HERE WE'RE 2672 GONNA TAKE A LOT OF HEAT. AND I UNDERSTAND THAT. BUT I HOPE TO THE PEOPLE THAT FELT 2673 THAT WAY IT WASN'T A DONE DEAL. WE 3 (THREE), I'LL SPEAK FOR MYSELF, BUT I THINK I CAN 2674 SPEAK FOR THE OTHER 2 (TWO) GENTLEMEN; WE DON'T COME IN HERE WITH ANY PRECONCEIVED 2675 NOTIONS. IT'S NOT A DONE DEAL. WE'RE TRYING TO DO THE BEST WE CAN FOR EVERYBODY. THE 2676 CERISE FAMILY WANTS TO DO WHAT THEY WANT TO DO WITH THEIR LAND; YOU PEOPLE WANT TO 2677 PROTECT YOUR INTERESTS. WE ALL UNDERSTAND THAT. THEY'RE TOUGH DECISIONS. MOST OF TRANSCRIPT CONSIDER A REQUEST FOR A LAND 1JSE CHANGE, PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.4$ -ACRES OF A 97.$1 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11 CV214 - 002040 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS JUNE 13, 2011 2678 YOU PEOPLE IN HERE AS I KNOCKED ON YOUR DOOR MADE COMMENTS LIKE: THANKS FOR RUNNING 2679 I'D NEVER DO YOUR JOB. UH BUT GOOD LUCK TO YOU. AND THINGS LIKE THAT. SO PLEASE 2680 REMEMBER THAT. WE'RE GONNA HAVE TO MAKE SOME TOUGH DECISIONS HERE AND SOME OF YOU 2681 AREN'T GOING TO BE HAPPY. I UNDERSTAND THAT BUT IT'S NOTA DONE DEAL. WE TAKE OUR JOBS 2682 SERIOUSLY, WE'RE TRYING TO DO THE BEST WE CAN AND GO FORWARD. THE OTHER THING I 2683 WANTED TO ADDRESS IS A COUPLE OF COMMENTS MADE TO ME IN SOME OF THE LETTERS THAT 2684 WERE WRITTEN WERE THINGS THAT SAID UH WELL HOW WOULD YOU FEEL IF YOU LIVED NEXT TO A 2685 GRAVEL PIT. UNTIL ABOUT 2 (TWO) MONTHS AGO LET ME TELL YOU WHERE I DID LIVED. I LIVED 2686 NEXT TO AN ACCESS ROAD THAT WAS NEXT TO A STATF. HIGHWAY THAT WAS RIGHT NEXT TO THE 2687 RAILROAD, WHICH WAS RIGHT NEXT TO GUESS WHAT, A GRAVEL PIT. AND I LIVED THERE FOR OVER 2688 30 (THIRTY) YEARS. SO I DO HAVE SOME EXPERIENCE WITH THAT ALSO. I WANTED TO MAKE 2689 THOSE 2 (TWO) POINTS. I'LL CALL FOR THE QUESTION. 2690 CHAIRMAN MARTIN - ALL THOSE IN FAVOR. 2691 COMMISSIONER SAMSON - AYE 2692 COMMISSIONER JANKOVSKY - AYE 2693 CHAIRMAN MARTIN --- IT'LL BE UNANIMOUS WE WILL 2694 CONTINUE...INAUDIBLE...THAT INFORMATION COMING FORWARD. AND TO THE APPLICANT YOU 2695 HAVE ACCESS TO ALL THAT INFORMATION. IT WILL ALSO BE DISCLOSED IN A PUBLIC 2696 HEARING....INAUDIBLE.... SO PUT IT ON YOUR AGENDA. THANK YOU. TRANSCRIPT CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT FOR MAJOR IMPACT REVIEW OF THE CLIFFORD CERISE RANCH, LLLP APPLICATION FOR EXTRACTION OF AGGREGATE 65.48 -ACRES OF A 97.81 -ACRE SITE LOCATED TWO MILES FROM THE TOWN OF CARBONDALE, COLORADO OFF OF COUNTY ROAD 103 BOCC 11CV214 - 002041 PLANNING COMMISSION MEETING MINUTES FROM APRIL 13, 2011 MEMBERS ATTENDING STAFF ATTENDING Adolfo Gorra Becky Wheelersburg Bob Fullerton Kathy Eastley Cheryl Chandler Fred Jarman Carey Gagnon Molly Orkiild-Larson John Kuersten 1 Lauren Martindale Philip Vaughan Public Hearing #3 PRESENTER: Molly Orkild-Larson - Planner APPLICANT: Clifford Cerise Ranch Company, LLLP REQUEST: Consider a request for a Land Use Change Permit for a Major Impact Review of the Clifford Cerise Ranch Company, LLLP application for extraction of aggregate on 65.48 acres of a 97.81 acre parcel located approximately 2 miles northeast of the Town of Carbondale, CO, off of CR 103, (File # MIPA-6545) Sean Frish, a land manager for LaFarge; Chase Mullen, with Winston & Associates; and Pam Hora, with Tetratech are the representatives for the applicant. Philip Vaughan explained how this hearing will proceed. Philip Vaughan swore in everyone who will speak on this issue. Carey Gagnon questioned the applicant about noticing this hearing, Carey Gagnon determined that notice is adequate and the applicant may proceed. Molly Orkild-Larson read the exhibits into the record. Philip Vaughan accepted the exhibits into the record. Molly Orkild-Larson gave a PowerPoint presentation. Staff has recommended approval with conditions. Philip Vaughan asked for questions from staff. Lauren Martindale asked that staff go into more detail about the vegetation and reclamation. Molly Orkild-Larson explained. Philip Vaughan asked the applicant to give their presentation. 1 Applicant gave a PowerPoint presentation about the project and showed reclamation projects that they have completed. Philip Vaughan asked for questions of the applicant before they continued with their visual presentation. Lauren Martindale asked if there will be any standing water on the site. Sean Frish stated that they will be mining above the water table and the only water that will be seen is the water in the tailings pond, which will be continually reused. Adolfo Gorra asked about their request for a 90 decibel noise level 15 minutes out of every hour, which has never been done before, and he wanted to know the necessity for it. Jeff Cerjan, with a noise and vibration consulting firm, (could not understand the name of the company), stated that 90 decibels has been done before, and that it is allowable in the State Statute, Sean Frish stated that there are two provisions in the Statute. One provision is that, during construction phase, the decibel level can reach 80, which is the industrial day -time limit. The second provision is that 10 more decibels can be applied for no more than 15 minutes an hour. This is to allow for construction equipment to move around and this will only apply during the construction of the berm. Applicant presented a "fly over" simulation of the site and how the site will progress. Philip Vaughan asked for further questions of the applicant. (Break here) Philip Vaughan called the meeting back to order and opened public comment. PUBLIC COMMENT Tom Hays — Address: 593 Wooden Deer Rd., Carbondale, CO Mr. Hays urged the Planning Commission to deny this application due to the negative impacts this project will have on the residents of the subdivision, which would include a decrease in the quality of life for the surrounding residents. Mr. Hays listed other negative impacts, such as truck traffic, visual impact, etc. Mr. Hays used photos, that were taken from homes of the residents, to show that if this is approved, with the current Blue Pit mine operations, there will be a continuous open pit mine over a mile long. Mr. Hays further used the photos to show the visual impacts this project will have on the residents of the Wooden Deer Subdivision. David Myler — Address: 4131 CR 103, Carbondale, CO Mr. Myler was here on behalf of the Crystal Springs Coalition, which includes residents in the Wooden Deer Subdivision and the Rim Ledge Subdivision. Mr. Myler recognizes the need for aggregate and jobs. The Crystal Springs Coalition has nothing against gravel pits in general, but this is the wrong project in the wrong location, at the wrong time. It is in the wrong place because it is too close to established residential areas to effectively mitigate the negative impacts, and it is at the wrong time because there is no need for the aggregate that they are going to produce. Mr. Myler refered to the written reports the Crystal Springs Coalition has submitted and hopes that the Planning Commission will take them into account. Mr. Myler asked the Planning Commission to read the 2 letters that have been written that describe the impacts to the residents. Mr. Myler stated that the applicant has submitted a lot of information but none of it satisfies the air quality standards set for gravel extraction. Mr. Myler talked about the discrepancy in the zoning for this area, and the Crystal Springs Coalition feels it should not be industrial, but residential, based on the applicant's reclamation plan to build homes. Mr. Myler talked about the noise standards and how they will be violated. Mr. Myler stated that the berm they will be building will be good for visual screening, but will not do much for noise mitigation in the Wooden Deer Subdivision. The Crystal Springs Coalition is requesting a condition that the applicant be required to install monitoring devices so that the residents can get real time readouts of the air quality and noise levels that can be monitored remotely by computer. The Crystal Springs Coalition is also requesting a condition to change operating times to Monday through Friday, 7:00 am to 5:00 pm, Saturdays, 8:00 to 5:00 pm and no operation on Sundays. Will Burggret - Address: 805 Wooden Deer Rd., Carbondale, CO Mr. Burggret stated that what is being presented is not realistic because the subdivision is too close for them to mitigate the health hazards. Mr. Burggret asked them to deny this project. Dan Jervis - Address: 276 Wooden Deer Rd., Carbondale, CO Mr. Jervis stated that he did not receive notice by registered mail. Mr. Jervis asked the Planning Commission members to raise their hand if they have visited the Wooden Deer Subdivision. Philip Vaughan explained to Mr. Jervis they do not raise hands for polling. Mr. Jervis talked about the importance of the people and the wildlife, mainly the nesting eagles, that will be effected, and how it seems these do not matter to the County. Ernest Kollar —Address: 746 Wooden Deer Rd., Carbondale, CO Mr. Kollar handed out items which becomes exhibit "EE". Mr. Kollar's exhibit shows what it looks like to have all of these continuous gravel pits. The view study that the applicant did was misleading because it shows green fields where the already existing Blue Pit is. Also, a good portion of the Blue Pit is not shown and the Powers Pit is not shown at all. The applicant will strip top soil from the entire site and work down, with no progressive reclamation. Mr. Kollar stated that he called to complain about thick dust, even though the applicant states there have been no complaints. Mr. Kollar stated that the property in question was zoned as residential and the Powers Pit was nearing completion, so the residents thought they could endure this. However, extensions to the Powers Pit permit were given without public input. Even though the applicant states this is a continued use, it is a new use, which conflicts with the existing residential subdivision. If there are air and noise problems, how will it be determined which pit the problem is coming from? The neighborhood should not be expected to endure the impacts from side by side pits. Michael Cerise — Address: 0086 CR 104, Carbondale, CO Mr. Cerise is one of the owners of the property. Mr. Cerise gave a history about the Powers Pit and the Blue Pit. He stated that the Wooden Deer Subdivision carne several years after the pits were started. The Cerise family had to figure out what to do with their property to support their family and they decided to extract the resource, Todd Olheiser- Address: 2440 Bitterroot Circle, Lafayette, CO Mr. Olheiser is with LaFarge and has been involved with this project for quite some time. Mr, Olheiser gave his support to the project on behalf of the local management group, who are people who make their living in this area based on gravel resources. John Martin — Address: 3602 CR 108, Carbondale, CO Speaks in support of the project on behalf of the Cerise family. There was no further Public Comment. Philip Vaughan asked for brief summation from the applicant. LaFarge wanted to address the conditions brought up by the Crystal Springs Coalition as to the limitation that would put on their mining operation and will have their consultant address some of the other issues brought up by the public comment. Jeff Cerjan, spoke about the noise impact and finds the information on exhibit "AA", submitted by Mr. Myler, to be incorrect, and stated what he considered to be the correct information. Daniel Prang? (could not understand last name) - Address: 5642 Santa Clara Rd., Indian Hills, CO Mr. Prang is the consultant that prepared the air quality statement that is included in the staff report. Mr. Prang addressed the fugitive dust plan and the best management practices that are proposed as conditions of approval. These are proven practices throughout the industry and accepted by state agencies as being efficient in mitigating and minimizing dust emissions that are associated with gravel operations. Mr. Prang also addressed the issue of the ability of the site to meet the national air quality standards for particulate matter, and stated that LaFarge will have to demonstrate they are meeting these standards. Sean Frish addressed the wildlife issue, in particular, the roosting eagles. The Department of Wildlife reviewed their wildlife study and did not have any comments. There are no regulations about roosting eagles, only nesting eagles. Mr. Frish stated that LaFarge has submitted a complete and thorough investigation and application of this site. LaFarge is committed to using all mitigation techniques to the best of their ability to mitigate any side impacts that may come along with this application. Philip Vaughan stated, that for the purposes of representation of the April 13th response from Gyler & Associates, Mr. Vaughan feels it necessary, after response from the noise consultant of the applicant, that Mr. Myler should have the opportunity to come back to the podium, Mr. Mylar stated that he stands by the Crystal Springs Coalition's noise expert, and realizes that experts are going to disagree. The noise issue is critical to the Cerise neighbors and critical to LaFarge. Mr. Mylar is thrilled that LaFarge is getting the modeling done that they need. The Crystal Springs Coalition's comment is that the modeling needs to be brought into this process so it can be reviewed by everyone, and perhaps make the application better by addressing all of the impacts. A request for a motion was made to go into executive session, for the purpose of receiving legal advice on a specific legal question, regarding NOISE, pursuant to CRS Section 24-6-403(3)(A)(II). MOTION Bob Fullerton SECOND VOTE Adolfo Gorra UNA The Planning Commission members went into recess for executive session. Philip Vaughan called the hearing back to order. Philip Vaughan asked for a motion for the Planning Commission to come out of executive session and back into the hearing. MOTION SECOND VOTE Bob Fullerton Adolfo Gorra UNA Philip Vaughan asked for further questions of applicant or staff from the Planning Commission members. 4 Philip Vaughan asked the applicant if they would comply with the 80 decibel maximum versus the 80 decibels plus 10 decibels, during the construction activity for their project. Mr. Frish stated that they would not comply with 80 decibels because of the noise of construction equipment. John Kuersten asked about the staff conditions. Mr. Frish stated they do not have any problems with the staff conditions, and they agree to all of them. Lauren Martindale asked the applicant to speak to the monitoring options that were proposed during the public comment. Mr. Frish stated that the real time monitoring would be a difficult and expensive process to go through. LaFarge does not have any violations filed against them and by getting the permits through the State, they will comply with the national air quality standards. LaFarge does not feel that they need to be monitored in real time because there are inspectors to monitor the site. There were no further questions of applicant or staff and public session is closed A motion was made to approve the Land Use Change Permit for the Major Impact Review, for the extraction of gravel on 65.48 acres of land owned by Clifford Cerise Ranch Company, LLLP with the staff recommended findings 1-5, as modified during this hearing, and with conditions 1-37, with the only change being to #12, to delete the words "fugitive air" and replace them with "APEN" and exhibits A through EE. MOTION SECOND VOTE John Kuersten Adolfo Gorra UNA Discussion prior to vote: Philip Vaughan thanked everyone for their work on this project. Philip Vaughan stated that there are a lot of State regulations to comply with and the 37 conditions from the County that must be met by this applicant during the entire operation of this gravel pit. Bob Fullerton stated that he takes what the public has to say very seriously, but the decisions that the Planning Commission makes are not based solely on public input, but rather on regulations and legalities that they have to comply with. No further comment on the motion was made and a roll call vote was taken. 5 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Lafarge West, tnc. Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Cerise Mine Major Impact Review (hereinafter, THE PROJECT). 2, OWNER understands and agrees that Garfield County Resolution No. 98-99, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, ft is not possible at this time to ascertain the full extent of the costs Involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are Incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that alt billing shalt be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signature Date Todd Ohlheiser, VP Rocky Mountain Agg. of LatTrga Wosl, Inc. Print Name Mailing Address: 10170 Church Ranch Way, Suite 200 Westminster, GO 80021 Page 4 SOMETHIN' SWEET CANDY PLUS! 51753 Hwy 6 P. 0. Box 612 Glenwood Springs CO 81602 Cust. No. GAR00015 QUANTITY Unit 50 EA 50 EA 2 EA SOLD TO: KIRBY WYNN GARFIELD COUNTY OIL AND GAS LIAISON 0375 COUNTY ROAD 352 BUILDING 2060 RIFLE CO 81650 Gust. Order No. Fax: Item No. ESTIMATED SH 05/07/2012 Description ACKNOWLEDGEMENT Date Order No. 05/01/2012 27535 PH 970-945-5367 FX 970-945-5865 SSCANDY@ROF.NET SHIP TO: KIRBY WYNN GARFIELD COUNTY OIL AND GAS LIAISON 0375 COUNTY ROAD 352 BUILDING 2060 RIFLE CO 81650 IN HANDS SHIP VIA: 05/10/2012 U P S GRND KS Price Amount 88450 20 oz. H2G0 V VOLT BOTTLE POLISHED STEEL 10.99 BLUE PMS 660 AND WHITE IMPRINT ON 2 SIDES SECOND COLOR IMPRINT 0.75 SETUP SET UP FEE FOR CUSTOM LOGO TWO COLOR 50.00 A 10% +1- OVERRUN/UNDERRUN IS POSSIBLE AND WILL BE BILLED ACCORDINGLY. SHIPPING FEES WILL BE BILLED ON FINAL INVOICE. IMPORTANT! WE MUST RECEIVE YOUR SIGNED ACKNOWLEDGMENT AND SIGNED ART APPROVAL PRIOR TO PROCESSING THIS ORDER. Phone: 970-625-5905 SIGNATURE: f jl_ to pay in full for the produ and s be responsible for interest, collect* THIS IS NOT A FINAL INVOICE ices ante djto by si costs and all court r i ad sed should they fail nig this contract, they may and legal fees. PLEASE SEND SIGNED APPROVAL TO 970-945-5865 (FAX) OR SSCANDY@ROF.NET (EMAIL). Thank you for your business 549.50 37.50 100.00 Order Total 687.00 .1 EXHIBIT TT May 31, 2011 Site Visit — Cerise Ranch — Lafarge In attendance, Chairman Martin, Commissioner Samson, Commissioner Jankovsky, Molly Orkild-Larson, Fred Jarman, Chris and Susan Coyle, David Myler and Kathi Rozzi. This dialogue is from the porch of Chris and Susan Coyle's deck looking down at the Blue Pit and the proposed site for Lafarge on the Cerise property. (SANY00083) Chris explained where WSA pits were to the left looking out from his deck. He stated the essence of the proposal is, he showed the dividing line which is the telephone pole is the dividing line between the Blue property and the Cerise property. The Cerise property swings all the way out to the right and you can see the power spit, that berm. Down 82 just follows obviously 103 Road swing it all the way out to the telephone pole line and that's where the Lafarge application is and everything left is the WSA proposed pit. Where the soil has been disturbed is an area that was part of the original WSA permit and is obviously still in there and by relent board action, essentially where that area where that further row of sprinklers and maybe beyond a bit this way coming towards Wooden Deer. That area is permitted now for further gravel production under the recent decision that was made in December or whenever it was. So anyway there it is. Molly —To Fred; could you give tie status on the Blue Pit and where it stands today? Fred Jarman —Chris covered it pretty well. The board approved the last iteration of that and basically takes it out just to the area that hris described. And that's basically the phases two and four will take you out this way and the stuff that is much nearer to us was not included in that approval. That's really where that approval stands. Molly — It accesses off of State Highway 82 correct? Fred yes. Molly — But with some access algng 104? Fred — Very limited. Molly — Okay. Fred — What was represented there was about 5% of the traffic that would come in and out of that operation wouldn't be by way of 104 Road. Everything &se was by way of the direct access to 82. Molly And access for the proposed Cerise pit would be off of County Road 103? Fred — Yes. Molly why don't we have Shawn run down real quick since it's his project. Shawn Frisch — Well start with the access; kind of where you see the big trees and the little white house sat down a little bit. It would be in between the white house and those trees. Actually it is a little further down than that barren pitch past the big trees and we will see that on site. There's a dip there and they actually chose that area it was probably closest to the road way where it dips down as well as it has the least vegetation to disturb there. As you can see the kind of ring of trees all the way down by 82 and up the creek; mine phase one is that pocket over in the corner. Commissioner Jankovsky — It's on the right hand side over there? Shawn — Yes and I have a map here if it's easier for everyone to see. Commissioner Jankovsky — That's phase one? Shawn — It's phase one; we will do a little bit further stripping out to about the middle, the road goes down the middle of the property there. That's to accommodate the plant site, processing area and so what they will do is set-up their plants in that area. It will be there for phase one and phase two. So phase one, phase two will cut across the very far side; about where what they talked about the Blue Pit, it will come out that far. Then we mine basically towards this area coming towards the houses for three, four and five is under the plant area there. There will be a berm along this front edge behind the houses there that you see. Just on the other side of the fence line that you can see run behind the houses. That's about 50 to 70 feet tall. His guess would be that smaller tree is 25 to 30 feet tall. Commissioner Jankovsky — Will that berm go in with phase one? Shawn — That will go in with phase one. What they will do is pull the overburden off the top there. It's basically the dirt and topsoil that we can't use as product. So what they will have to do is separate it and use it back in their reclamation. We are required by state law to, or state regulation to separate those two and separate the topsoil so that we can put it back on the land when we are done. He got out the map so they could see more of what he is describing. This is phase one; it will be the Tailings Pond. He showed where the road would come down on the property along with the plant site area. Indicating on the map where phase two runs and then the berm they were discussing. It kind of has a high end, then a dip and another high end over about where that tree is. Commissioner Jankovsky — and how much, are you going to scrape the entire field to get that berm. Shawn — We'II get about half the field; we won't scrape under the berm. We'II just set it on top because it will already be topsoil and that is not planned to be mined. So we will do about half way out to the road, he thinks there was a drawing that shows that phase. These are the erosion control plans but essentially, he showed the road they would come down and strip the first half (pointed over to the right upper right corner of the map to the road he had indicated). To get the over burden off of the right upper right corner, off of there and set up the plant and then do the stock pile (which he showed more in the middle of the map). They will stockpile the initial material from upper right hand corner on map to the middle of the map, showed the plant area and the access on the map. Commissioner Jankovsky — When you are done with phase one will there be a pond left there? Shawn There will be but it will be as a whole; that's our Taylor's pond. Any water they use to wash the material they will send into that pond and let the fine material settle out and then they actually recycle the water that is on top back into their wash plant to reuse it and rewash the materials basically. So what that will do is slowly fill up with sediment, real fine material and then at the end they will cap it and topsoil it and it will go back to.... Commissioner Jankovsky —When you go back to re -vegetate, when you go to reclaim will that be left as a pond? Shawn — It will be capped so it will be above the ground water. They will pump whatever water is left in there out of there, fill the rest back leave it as a level surface at the end. Chris — Shawn, you had said there was a tree down there that would be about as high as the berm. Shawn thinks the smaller trees; 25 to 30 feet tali so the berm would be a little bit taller than that; 15 or 20 feet. Chris — Okay so you are talking about the little tree right next to the pole line? Shawn — Yeah, standing all by itself there. He is not 100%© sure on the height of that tree; just a guesstimet so. Chris — How tall is that berm over there? Shawn — That one's hard to say because it's sitting up on a higher elevation. He is not positive; probably only 25 or 30 feet but like I said it sits up higher than this site. It's at a different angle. Chairman Martin — Isn't your berm 70 feet high? Shawn — in some areas it gets to 65/70 feet high. Chairman Martin — Okay it would be twice the size of that house. Shawn —Yeah and it sort of dips in the middle — oh let me look to make sure I have the right numbers. Closer to a 20 foot berm in the middle. It kind of dips towards the center there. Chairman Martin — Just about chimney height. Chris — How far will the berm be situated from those houses? Shawn —you see the ditch line; see where there is a little extra vegetation. It will be along that ditch line, so the fence line on this side just past the fence line there and along the ditch line on the other side of the ditch. So the basin ditch will stay. Molly — you have a set -back Shawn — Yeah we'll be; its 40 or 50 feet off the ditch line, he would have to measure again to be 10% positive. He thinks it is 50 feet off the ditch that they stay. Chris — And where will the berming stop? Shawn — I would have to measure exactly. Chris — Just a wild guess. Shawn — Went back to the map — probably about 200 feet wide at its widest points down at each end. A little over 200 at this end here. It will go a fair distance out there. Chris — So where is it gonna be? Would it be over where that dirt road is now? Shawn — Yeah Chris — And just swing across the property line? Shawn — Yes and it actually goes all the way across the dirt road. You can see here's the road coming in right here; it will actually cut behind those trees and come all the way across, Chris — Okay. Molly — Shawn, can you talk a little bit about the Powers Pit and what happens with that and Cerise? Shawn — Yeah the Power Pit is in its final year of mining right now. We are doing a little bit more mining in the floor and if you hadn't noticed when you drove by, we are doing reclamation on the back slopes right now. We are required by lease to be completely done with all the earth work and vegetation is set, maybe not 100% grown at the end but by April of 2013. That will be the whole back wall, the side wall as well as the ground elevation. We are also putting in a small berm, 10 or 15 foot berm up the front and doing some vegetation for the Powers there as well. David Myler —Char is planning to move all of the equipment out of the Powers Pit in connection with the start-up of Cerise? Shawn — Yes, right now that is their plan; on their plate right now. They have talked with the Powers about if there is any possibility of keeping some of the operation over there; but as it stands right now there's no permits in place to be allowed to do that. So they are 100% moving over here. Commissioner Jankovsky — Do you have an asphalt plant in Powers? Shawn — We have approvals to put a temporary asphalt plant there; similar to what we are asking for here. There is not one located there now. He believes they probably haven't had one there in quite a few years but there has been. A number of years ago there was; he has heard there have been some there before his time at Lafarge though. To give you an idea the plant side will be kind of behind the big trees there. Our plant after mining out phase two; which is the lower half of the property, they will move the plant into the pit floor so it will be 80 to 90 feet down. Hopefully it will get a lot of the visuals out of the way and put them down to the floors. That's the plan for that. You can see the second plant site there on the site plan down on the floor. Molly —what year is that; how many years of mining would you be down? Shawn — Believes it was about 7 to 10 but he would have to look at their exact timing schedule again. The access road to get down into the pit will be moved along the far wall. Trying to keep traffic noises far from the houses as they could. He showed on the map. It is for commercial trucks to come in and get down to the pit, get their load and drive it back to the scale house up on top. Molly asked if there were any other questions; there were none so she asked to move on down to the Cerise property. (SANY00084) This dialogue took place down on the Cerise property walking through the field. Shawn — this is basically where the site is going to start. 50 feet from here is where the berm is going to start over this whole area all the way over to the power lines there. That was what we were pointing out from up top there. The permit boundary is the ditch basically. So everything will be south of that ditch. Again phase one will be that far corner. Everything is planned to stay at least 50 feet out of any wetlands or creek area, repairing areas. They have submitted a study for that area as well. He believes they are actually coming out with the core of engineers later this week to start a jurisdictional determination on where the where the wetland area falls and get the Army Corp Permitting started. We can follow this road down the ditch a little and it will get you to where our access point will be. Basically the plant site area will be right where you are looking out this field here. So they will pull the top soil off of about to this road; stock pile it along this area here. This road will be closed off. Commissioner Jankovsky You're not going to pull topsoil over here? Shawn — No we will start here and as we get into phase two it will be that southern half and then we'll... Commissioner Jankovsky — What are you going to do with that topsoil? Shawn — they have a few temporary stockpiles that they have put on and then once they start moving into the future phases they add it back into their ongoing reclamation. Commissioner Jankovsky —Are you going to reclaim as you go? Shawn — There are some areas they will reclaim as they go; there are some that just aren't possible to because they have the access road running along it, or it is an active mining wall. On the plans he could show them a few if we go through the phase plans when we go back to the truck he can show them where some of the ongoing reclamation will be. Commissioner Jankovsky — so this is phase five right here because you have your power plant.... Shawn — this will be the very last phase where they will mine through. CommissionerJankovsky — Your plant here? Shawn — Yeah we will mine through the final area kind of along the perimeter and we'll have pretty much removed the plant. Mine out the extra area under the access roadway and stuff; things like that. Everyone headed further on down the property. Molly — this ditch ends where? Shawn - showing on film, Shawn states pretty much right here, he has a littler lateral that comes off here. But this is the final point of the basin ditch; he is the end user. SANYO0085 —Walked further along the property to an area where you see County Road 103. Shawn — We are coming out to do wetland delineations and everything the end of this week. But like he said they have been studied and submitted with the application as well. Commissioner Jankovsky —Are you going to put culvert in and fill? Shawn — Yeah we will do a culvert and fill. Fred Jarman — Would you then have to bank out other wetlands somewhere else if you're going to take a deficit out of this? Shawn — That's what we are going to find out. We'II see what the Army Corp's is going to require. It's going to be under an acre of disturbance so they may not require them to do; it should be just a nationwide permit. That's why they are coming out later this week to determine. If we have to we will replace them. Molly — And that's happening June 3`'. Shawn — agreed with that. Fred — Would you do that on site somewhere? Shawn — Probably not because there's not; it's tough to create. They would probably end up just purchasing because there would be no permanent source of water. That would be their concern. So they would find a wetland bank close; usually they make you replace 1 Y2 or 2 to 1. We'd determine what the requirement is from the Army Corp and meet their standards. Commissioner Jankovsky — Your going turn lanes then on 103 over there or... Shawn thinks they are still working with road and bridge public works on that. Exactly what they are going to ask for because there is not enough room to build out a full turn lane so they are working with them to see if they want more of a modified or how they want to do it. It's a 25 mph road so the turn lanes would be; the accel and decel would be fairly short. The intersection down at Hwy 82 they definitely have some proposed build out down there. Deceleration and acceleration lanes for the left turn. The good part is they are actually built for the coming in. So we are working on that still as well. Molly—Talk about your traffic report and your study. What did it say in reference to the access point here? Shawn — Not too much. All the stacking will be on their site so it wouldn't change the level of surface except trucks coming in and off so we'll have more traffic but it won't cause backups is essentially the call. All the stacking will come on their site so it won't be out on the public roadway causing backup. So when they make the left they can and then the right turn they should be able to make that fairly easy. That's what they are working with to see if there needs to be a right hand turn lane, There is just not the width because of the creek and the berm and the hill on the other side to widen the road any. They are working with road and bridge to see what that possibility is. Molly — Your traffic reports didn't justify one? Shawn — Yes. We could walk up a little toward phase one. They did not. SANYO0086 Shawn was showing orange boxes designating where the land is and orange boxes in one of the two far corners of the property. Also one up by the house. They have been monitoring for at least 6 months to make sure they know where the ground water level is so when they do mining they know they are staying above the water table. The plan is to stay at least 2 feet above the water table and not expose ground water at this time. Chairman Martin — Since irrigation season is here it comes up a little bit? Shawn — I'd have to look; we definitely know it comes up. We drilled them with irrigation season so they knew about where they feel and he thinks they hit water pretty close to 90 feet each time. Chairman Martin —That's going to be nice about February or March when it's as cold as it is and how far it drops at that time, Shawn — that gives you an idea; this is just a lateral, they don't propose to disturb basin ditch at all. CommissionerJankovsky — Do you get any water rights with your permit? Shawn — We do have some water rights; they are irrigation rights so they may use them to water some of their vegetation on the berm things like that to keep those rights alive as water. They are proposing two industrial wells to supply the site potable water as well as wash water and processing water. They have studies both quality and quantity on those. They have done 24 hour pump tests and quality tests on those to show that they will meet the needs of the site. The basin ditch simply they just didn't use those rights because they would take 5 years to go through water court and change them over to a more industrial site. Fred — Shawn, those industrial wells that's the water supply also for your dust control program? Shawn — Yes. Dust control, processing as well as any of their potable water. Any water you saw on the site will come out of those wells. They have leased credits from the Basalt Water Conservancy. They have a contract with them to supply basically the run down water from what they pull out of the ground water to replenish the system. They have a lease already in place with them that they got approved last November he believes it was or December. Molly — Why don't you talk a little bit about what you're proposing on the site with equipment and plants... Shawn — It is essentially what they have at the Powers Plant moving over here. A ready mix plan will sit just before you get to the phase, almost about to where that orange box is to where that will pretty closely fall. Then the processing plant will be here; it will consist of a portable plant. It will just be conveyors, a couple screens and he believes a couple of crushers; cone crushers are what they use out there and then a couple of wash screens is what they would be processing. Along with the washing is what they call a thickener tank; it basically washes the sediment out so they can used the processed water back into the system. It would be the normal couple of dozers, maybe a scraper here and there, general mining equipment. Trucks will all be third party, they have their own ready mix trucks but all of their haul trucks are third party. They shouldn't be on the site overnight for any reason. Or maybe one either breaks down or is waiting for a load that next morning. The only ones that would park would be their ready mix trucks. They have about 8 or 10; he would have to look again to make sure, call the general manager to make sure that's their number. The temporary asphalt plant is the other thing; its temporary and they are not proposing to put it up permanently. It will be very job specific and make sure it's got all its permits and everything to make sure it's allowed to be on the site at that point. Molly —You're going to have an office and a scale house. Shawn — Scale house and an office. Molly—And then an 15©S system on site. Shawn — Yes. Fred — Shawn, for your crusher, conveyor, storage, type of functions, can you talk about the dust mitigation that are part of that? Shawn — Yes. Oust mitigation; first thing they will always have is a water truck spraying all the roadways, the slopes, things like that. If they have to use more they have set-up sprinkler systems on slopes if they can't get either a truck or they find that there is a problem. They will mitigate if the slopes become a problem. Then for all their conveyors and crushers they have spray bars on all of them. At all the juncture points they will have a sprayer on top of that and then periodically through the conveyor they will spray it to keep the material wet and keep the dust down. Then the crusher, a lot of what they are doing is actually wet processing so it will be under water. All of their screening will be wet screened. They shouldn't have a problem with dust there. Then any of the crushers will also have sprayers on them to keep dust down. All the haul roads; they are planning to pave the entrance road as well as the sort of circular road to the ready mix plant and also over to the scale. So the roads in the pit will still remain dirt and native materials so they will keep those sprayed down. He believes even talking on a semi -wet day they can keep, as long as it's not raining, they are on the roads at least four times a day spraying the pit floor with their water truck. At least on their Powers Pit. Their water mitigation; there is some more fine tuned things in their report that are recommendations and conditions of approval. He can't positively get it off the top of his head right now. Molly — what about material leaving the site is it required to be covered? Shawn —All trucks are required to be covered, obviously all the ready mix stuff is in a drum but any truck leaving the site are covered. They also have truck washes for all the wheel wash so it will wash off and they do collect all that water on site and send it to their tailings pond so it does not come in contact with the native water system. Everything is designed, all the storm water and process water is designed to drain either into the pit floor or into the tailings pond to make sure that they are not doing any discharge at this point. He doesn't think they plan on any pumping any water out unless there is a huge event that they do have to pump. Which they would get a discharge permit at that point to put into the system and all that would be is rain water, storm water to go onto the site. But they would have to do testing and everything on that. It is actually easier for them to work in the site. Put into their tailings pond and just buy extra credits to mitigate that water for augmentation Fred — Are we standing about where the scale house and the office and that kind of area is over here? Shawn — right as it comes in he thinks the scale house would be right behind you. The ISDS right in this area. There is kind of a loop, so the ready mix plant will be right down that way. Molly—You have a good map. Shawn pulled out the map. Chris Coyle had to leave at this point and thanked everyone. Shawn shoed on the map where they were standing now with the grove of trees behind us. He showed where the entrance road would come in with some parking. The rectangle was the ISDS system and the thickener tanks he was talking about were shown on the map. Then a loop into the ready mix plant and come back around and showed where the scale house would be and then it loops back out and into the end of the site. Commissioner Samson — What's phase one, two, three, four. Shawn pointed them out on the map. He also explained that he had another set of plans to show the full phase. The hillside along the highway is going to remain in place. If on the way out you feel like driving by it; but it's about 80 feet or so high. That's proposed to remain; that's why they don't propose any berming. They have a small berm they are talking about putting up; it's maybe 5 feet or so if they need to put the material up there. You can see some of the ongoing reclamation is this kind of stuff (pointing on map). There are certain areas that are going to stay active until the very end. Commissioner Jankovsky -- so you going to move all your crushers and everything down into the bottom of the pit after phase two? Shawn — After phase two. Most of our plant is just basically a crusher and a screen and it conveys it out to whatever stockpile it wants to go in. Most of the material is designed to go into ready mix concrete oras just product straight out the door. Asphalt is a little different than what we normally; we don't supply a whole lot of asphalt material out of our Powers Pit. But we can, we can easily convert mostly what they want is a broken face rock. Whereas ready mix needs the washed more specific material. Commissioner Jankovsky Whats the pit next to Aspen Glen Shawn — That's our Seivers Pit. Commissioner Jankovsky that's where most of your ready mix is right now? Shawn —Actually our ready mix comes out of right here. They have a third party asphalt plant in our Seivers Pit. They are a more permanent fixture there that's why this one we really don't need a permanent asphalt plant. That's why they can allow more of a temporary because they have a third party. Lafarge does know asphalt out on the west slope. All of theirs are in the Denver Metro, front range area; so it is all third party, we just supply them the aggregate gravel out here. Their main concrete operation is right next store here; we'd move it here under this permit is what they are asking for.