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HomeMy WebLinkAbout6.0 CorrespondenceStatus of Follow-up on Resolution 2011-44 (Cerise Mine) Resolution Item Condition Requiring No Action Prior to Issuance of Land Use Change Permit Status of Conditions Requiring Action Prior to Issuance of Land Use Change Permit 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. X 2. That the operation of the facility be done in accordance with all applicable Federal, State and local regulations governing the operation of this type of facility. X 3. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. X 4. All equipment and structures associated with this permit shall be painted with non -reflective paint in neutral colors to reduce glare and mitigate any visual impacts. X 5. Ali lighting associated with the property shall be directed inward and downward towards the interior of the property. X 6. The Applicant shall install all signage as specified in Gene Coppola's Traffic Study including: 1) stop sign (R1-1) placed on the access road approach to County Road 103; and 2) two truck warning signs (VV8-6) on the County Road 103 approach to the site access road. The Applicant shall also install 10 mile per hour speed limit signs on the access road and the haul roads within the site. 7. All vehicles using County Road 103 to access the Cerise Mine shall abide by Garfield County's oversize/overweight system. Ail vehicles requiring oversize/overweight permits shall be obtained from the Garfield County Road and Bndge Department. X 8. Prior to the issuance of Land Use Change Permit, the Applicant shall obtain a Driveway Access Permit from the Garfield County Road and Bridge Department. A copy of this permit shall be submitted to the Garfield County Planning Department. Permit application states that the driveway must be completed within 30 days of pulling the permit; Lafarge will pull permit upon completion of item 9. (Tetra Tech) 9. Prior to the issuance of a Land Use Change Permit, the Applicant shall conduct a geotechnical investigation of County Road 103 and based on this analysis, provide a pavement section design to the Garfield County Planning Department for review. The portion of County Road 103 that is to be analyzed commences 200 feet north of the Cerise Mine's access road to State Highway 82 and this portion of road shall be reconstructed to the proposed engineered design. HP Geotech completed drilling along CR 103 and will provide a pavement section design for review by the County. (Tetra Tech) Resolution Item Condition Requiring No Action Prior to Issuance of _ Land Use Change Perm it Status of Conditions Requiring Action Prior to Issuance of Land Use Change Permit 10. Prior to the issuance of a Land Use Change Permit, the Applicant shall enter into an agreement with the County pursuant to the Garfield County Road and Right-of-Way Use Regulations regarding the improvement of Count Road 103. Lafarge will complete this in coordination with item 9. (Tetra Tech & Lafarge Land De•artment 11. Prior to the issuance of a Land Use Change Permit, the Applicant shall obtain the appropriate State Highway Access Permit from the Colorado Department of Transportation. All conditions of the access permit shall be conditions of this permit. Sopris Engineering is awaiting CDOT's issuance of permit. We will provide a copy of the permit once it is issued. (Tetra Tech & Lafarge Land Department) 12. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide Garfield County Planning Department with an APEN Permit from Colorado Department of Public Health and Environment for the entire mining site. X APEN Permit number assigned; APEN Permit to be provided by Lafarge once it is issued by the State. (Lafarge Environment Department) 13. The reclamation plan of the site shall include using hydro-seeding with hydro-mulching and tackifier for all slopes greater than 5:1 as required by Section 7-840 of the Unified Land Resolution for 2008, as amended. 14. The gravel pit shall be allowed to operate Monday through Satruday from 7:00 a.m. to 8:00 p.m. with crushing, digging and heavy hauling only occurring between 7:00 a.m. to 5:00 p.m. Monday through Friday; heavy hauling from 7:00 a.m. to 5:00 p.m. on Saturday; and crushing and digging from 8:00 a.m. to 5:00 p.m. on Saturday. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. X 15. All noise generated from the operation shall not exceed the maximum permissible limits set forth in C.R.S. § 25-12-103, except that noise shall not exceed 80 dB(A) during construction. The adjacent land uses for purposes of determining the maximum permissible noise levels that may radiate from the site depicted in Exhibit A, page 1 of 13, are measured 25 feet from the site boundary. The adjacent land uses to the subject site are: residential to the north; industrial to the east and west; and, light industrial to the south as shown in Exhibit D. X Resolution Item Condition Requiring No Action Prior to Issuance of Land Use Change Permit X Status of Conditions Requiring Action Prior to Issuance of Land Use Change Permit 16. The Applicant shall implement the following noise mitigation standards: A. The two berms shown on the "Mining. Sheets" must be constructed early in the project. The northern berm must be approximately 50 feet tall and the western berm is approximately 17 feet tall; B. While constructing these berms, earth moving equipment such as scrapers cannot operate for more than 15 minutes in any one hour while within approximately 100 feet of the permit boundary; C. Place a silencer on the dust collector blower that is situated on top of the concrete batch plant (or build a sound abosorbing barrier around it); D. Equip the electrical generators (gen-sets) with commercial grade silencers or better (at least 20 dB(A) of insertion loss); E. Use white noise back up alarms on all Lafarge mobile equipment. Backing up by contractor vehicles not outfitted with these alarms should be minimized; F. Conduct all construction activities during the daytime (7:00 am to 5:00 pm); and, G. Conduct all noise-producing activities associated with operations during the daytime (7:00 am to 5:00 pm). 17. Garfield County can request a site inspection with 24 hour's notice to the operator or property owner. Full access to any part of the site will be granted. On request, all paperwork must be shown. X 18. A full list of all other permits shall be provided to Garfield County within 24 hours of its request. Any person at any time can call the following agencies directly and request an inspection if he or she believes a condition of that agency's permit is being violated. A. Colorado Department of Public Health — Air Quality Control 303-692-3150 B. Colorado Department of Public Health — Water Quality Control 303-692-3500 C. US Army Corps of Engineers 970-243-1199 D. Division of Reclamation, Mining and Safety 303-866-3567 E. Colorado Department of Transportation, Grand Junction office 970-248-7000 X " `" Resolution Item Condition Requiring No 1 Action Prior to Issuance of Land Use Change Permit Status of Conditions Requiring Action Prior to Issuance of Land Use Change Permit 19. The property owner and operator acknowledge that Garfield County has the following performance standards, and failure to comple with such standards could lead to revocation of the Land Use Change Permit: A. All fabrication, service and repair operations shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping; B. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right-of-way; C. All industrial wastes shall be disposed of in a manner consistent with statutes and requirements of Colorado Department of Public Health and Environment: D. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property; and, E. Every use shall be operated so that it does not emit, heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal and reflective paining of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. X 20. The Garfield County Planning Department shall be invited to any bond release inspection of the State Division of Reclamation, Mining and Safety. The County will have the opportunity to demonstrate that any item of the permit has not been complied with and that bond should not be release. X 21. The reclamation bond that shall be held by the State Division of Reclamation, Mining and Safety shall be for the reclamation plan approved by the Board of County Commissioners. No Land Use Change Permit shall be issued until proof of the bond is in place. Lafarge will post bond upon completion of item 22. (Lafarge Land Department) 22. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide a cost estimate for the irrigation system to the Garfield County Planning Department for review. The State Division of Reclamation, Mining and Safety financial security bond shall be updated to reflect this cost and a copy of the revised bond submitted to the Garfield County Planning Department. Lafarge is obtaining irrigation estimates. (Lafarge Land Department) Resolution Item Condition Requiring No Action Prior to Issuance of Land Use Change Permit Status of Conditions Requiring - Action Prior to Issuance of Land Use Change Permit 23. All of the conditions of the Garfield County permit and the State Division of Reclamation, Mining and Safety are binding. The State Division of Reclamation, Mining and Safety can withhold the reclamation bond if the final reclamation is not executed according to the plans. X 24. The Applicant shall be required to submit a report annually of the gravel operation for Garfield County Planning Staff review, until such time as the release of the reclamation bond. Upon review of any deficiencies pursuant to conditions of approval or other local, state, or federal permits, Staff may forward the report to the Board of County Commissioners for full review of the Major Impact Review Permit. This report shall include GPS measurements shown on a map showing the current disturbance, what areas have been backfilled, where topsoil stockpiles are located, all site structures, what areas have been seeded, mulched and what is planned for the ensuing 12 months. This map shall be overlain on the approved site plan which includes the approved phasing area locations, and mine permit boundary. Copies of annual reports required by and submitted to other agencies will be attached to the annual report submitted to the Garfield County Planning Department. 25. The Applicant shall provide a copy of the applicable 404 permit to the Garfield County Planning Department prior to the issuance of a Land Use Change Permit. Lafarge is obtaining approval of a Nationwide 404 permit. (Lafarge Environment Department) 26. The Applicant shall meet all applicable Colorado Department of Public Health regulations for a non-transient, non-community water system with the number of individuals using the potable water well is more than 24. X 27. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit copies of all equipment relocation notices to the Garfield County Planning Department. Lafarge will provide equipment relocation notices. (Lafarge Environment Department) Prior to the issuance of a Land Use Change Permit, the Applicant shall provide the Garfield County Planning Department a will serve letter from Qwest. Already provided to the County. 29. Prior to the issuance of a Land Use Change Permit and Emergency Preparedness Plan shall be submitted to the Garfield County Planning De•artment for review. Lafarge will provide an Emergency Preparedness Plan. (Lafarge Safety Department) 30. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit to the Garfield Planning Department a final Stormwater Management Plan. Lafarge is preparing the Stormwater Management Plan. (Lafarge Environment Department) Resolution Item Condition Requiring No Action Prior to Issuance of Land Use Change Permit Status of Conditions Requiring Action Prior to Issuance of Land Use Change Permit 31. Prior to the issuance of a Land Use Change Permit, the Applicant shall drill the two permanent permitted wells (Permit Numbers 74795-F and 74796-F) and provide the results demonstrating quantity and quality of both wells to the Garfield County Planning Department for their review. Lafarge is in the process of designing the two permanent wells and will provide the results demonstrating quantity and quality. (Tetra Tech / Lafarge Environment Department) 32. After drilling the permanent water wells as described in Condition 31, the water system design for the office/scale house shall be evaluated and any modifications to the proposed design shall be submitted to the Garfield County Planning Department for review. This task shall occur prior to the issuance of Land Use Change Permit. Lafarge will submit design information for evaluation by the County. (Tetra Tech f Lafarge Environment Department) 33. Prior to the issuance of a Land Use Chang_ a Permit, the Applicant shall have the two wells installed as Monitoring Hole Notice 40396 (TW-1 and TW-2) permitted as monitoring wells, and provide Garfield County Planning Department with the new permits. X Note: While not required prior to issuance of the Permit, this wilt be completed in conjunction with the County driveway access permit -- item 8 - since the driveway will cross Crystal Spring Creek. (Tetra Tech) Lafarge will install the wells and provide the new permits. (Tetra Tech / Lafarge Environment Department) 34. The Applicant shall contact Bili Blakeslee, Water Commissioner, when development of the Cerise Mine impacts Crystal Spring Creek. 35. The site shall have wildlife proof dumpsters. X 1 Resolution Item Condition Requiring No Action Prior to Issuance of Land Use Change Permit Status of Conditions Requiring Action Prior to Issuance of Land Use Change Permit 36. The Applicant shall implement the following Best Management Practices to ensure air quality impacts are minimized. A. Exposed areas will be vegetated or stabilized to limit wind erosion; B. Frequent watering by water trucks of gravel as it is removed and transported; C. Use of a conveyor system rather than trucks to transport the material on-site; D. Install, operate, and maintain water spray bars within the conveyor system and all crushing and screening equipment; E. Limit drop heights of gravel for conveyor loading, transfer points, screening and crushing; X F. Limit on-site vehicle speeds to 10 mph; G. Treat frequently travelled on-site roadways with stabilizers or suppressants and watering to minimize re -entrainment of dust from road surfaces, and pave the entrance road to the weigh station; H. Minimize dust from loaded haul trucks by covering and/or watering material as necessary; and, I. Construction of berms and/or mine walls to serve as wind breaks. 37. Atl trucks operating in the gravel mining operation (including third -party trucks not operated by the property owner or operator, shall be subject to the following; A. Alt trucks shall have and maintain stock muffler systems that are performing to original manufacturer's specifications. This can be determined and verified by simple visual and auditory inspection of the truck: B. All trucks ascending or descending the haul route shall not exceed speeds of 10 mph; C. All trucks descending the access road on-site and County Road X 103 approaching State Highway 82 shall not use engine Jake Brakes to decelerate; D. All truck drivers, independent or employed by the Applicant shall be briefed on the conditions above and shall agree to operate within the requirements of these stipulations; and, E. The Applicant shall set up a series of progressive consequences for drivers that fail to comply with the above conditions; after three violations any trucker shall be prohibited from entering the pit for a time period of not less than one year. Resolution Item Condition Requiring No Action Prior to Issuance of Land Use Change Permit Status of Conditions Requiring Action Prior to Issuance of Land Use Change Permit 38. The mining of the Cerise Mine shall not start until the Powers Pit has been closed, X 39. An asphalt batch plant shall not be allowed within the property unless approved by Garfield County pursuant to an application for "substantial modification" of the Land Use Change Permit as that process is defined by the Garfield County Unified Land Use Resolution of 2008, as amended, or pursuant to a separate application for a Land Use Change Permit. X Qwe st! �. Spirit of Service 07/25/2011 Attn: Pamela Franch Hora Tetra Tech, Inc. 1 Engineering and Architecture Services 1900 S. Sunset Street, Suite 1-F 1 Longmont, CO 80501 Re: Cerise Mine Qwest Communications will provide telephone facilities to Cerise Mine as defined by the current PUC Tariffs. Jason Sharpe Senior Field Engineer 970-384-0238