No preview available
HomeMy WebLinkAbout5.0 BOCC Staff Report 01.12.2015�` �vt Exhibit List 5 Amendment to the approved Cerise Gravel Mine (Application: MPPA 7832) — Major Impact N,y✓ Review for "Extraction" of aggregate BOCC Public Hearing (01/12/2015) Exhibit Letter (A to Z) Exhibit A Proof of Publication and Mailings B Garfield County Land Use & Development Code of 2013, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Memorandum F Staff Powerpoint G Email from Garfield County Road and Bridge Department dated 08/12/14 H Email from Garfield County Vegetation Manager, dated 08/15/14 Letter from Consulting Engineer, Mountain Cross Engineering, Inc., dated 07/31/14 J Letter from Garfield County Environmental Health Manager _ _ K Letter from Colorado Division of Water Resources, dated 08/11/14 L Letter from Colorado Division of Wildlife, dated 08/12/14 M Email from the Carbondale and Rural Fire Protection District, dated 08/14/14 N Letter from Colorado Dept. of Public Health and Environment dated 08/07/14 0 Referral Form returned from County Sheriff P Resolution 2011-44 q Applicant Response to Staff Report dated 09/10/14 (Brown Binder) R Revised Noise Report from Hankard Environmental dated 11/05/14 S Letter from Greg Lewicki and Associates dated 11/12/14 T Email from Dan Jervis (Wooden Dear HOA) to Jason Burkey dated 11/10/14 U Approved Driveway Permit form County R&B dated 11/19/2014 V Letter from Greg Lewicki & Associates dated 01/12/2015 f0 7r f,,,,,v,f, A - p, Ad Name: 10737186A Customer: Greg Lewicki And Associates, PLLC Your account number is: 6365993 PROOF OF PUBLICATION ,/I� THE RIFLE CJ{TI(J J�]y[� ���yy���Z 11 TEL M STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of The Rile Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/27/2014 and that the last publication of said notice was dated 11/27/2014 the issue of said newspaper. In witness whereof, I have here unto set my hand this 11/28/2014. iwyy.�a� Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 11/28/2014. My Commission Expires 1110112015 4114-9)h-hust Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 PUBLIC NOTICE TAKE NOTICE that CLIFFORD CERISE RANCH COMPANY has applied to the Board of County Commissioners, Garfield County, State of Colo- rado, to request approval for a AMENDMENT TO AN APPROVED LUCP for the CERISE GRAVEL PIT, a property situated in the County of Garfield, State of Colorado; to -wit: Legal Descriotion: That portion of Lot 13 lying North of State Highway No. 82 in Section 25, Township 7 South, Range 88 West, 6th P.M. LESS AND EXCEPT the portion of land claimed in the Department of Transportation, State of Colo- rado by Rule and Order recorded August 5, 1993 in Look 871 4 andat Pagepp 12in Section 5, Ttion No. ownship 70 Lots847. South, Range 88 West, 6th P.M. together with all that certain property lying south of a line situated in Section 25, Township 7 South, Range 88 West as more fully described in Deeds and Agreement re- corded August 27, 1992 in Book 840 at Page 330 as Reception No. 438400. LESS AND EXCEPT all that certain property lying north of a line situated in Section 25, Township 7 South, Range 88West as more fully described in Deeds and Agreement recorded August 27, 1992 in Book 840 at Page 330 as Reception No. 438400. LESS AND EXCEPT any portion of the subject property which lies within the right-of-way for County Road 104. LESS AND EXCEPT that portion of land claimed by the Department of Transportation, State of Colo- rado by Rule and Order recorded August 5, 1993 in Book 871 at Page 404 as Reception No. 450847. Lots 7, 8, 9, and 10 in Section 26, Township 7 South, Range 88 West, 6th P.M. LESS AND EXCEPT a tract of land conveyed to David S. James by Deed dated November 5, 1907 recorded as Document No. 375.0 in Book 79 at Page 96 of the Garfield County Records. LESS AND EXCEPT a tract of land conveyed to Anthony Pings be Deed dated February 3, 1917 recorded as Document No. 57960 in Book 100 at Page 608 of the Garfield County Records. LESS AND EXCEPT a tract of land conveyed to the Bailey Family Investment Company, LLLP by Deed dated July 29, 1997 recorded August 6, 1997 as Reception No. 511996. LESS AND EXCEPT a tract of land conveyed to State Department of Highways, Division of Highways, State of Colorado by Deed Recorded February 7, 1974 in Book 455 at Page 451 as Reception No. 261734. LESS AND EXCEPT the tracts of land conveyed to the Department of Highways, State of Colorado, recorded June 14, 1973 in Book 446 at Page 8 as Reception No. 258755 LESS AND EXCEPT any portion of the subject propertywhich lies within the right-of-way for County oad 103. LESS AND EXCEPT that portion of land claimed by the Department of Transportation, State of Colorado by Rule and Order Recorded August 5, 1993 in Book 871 at Page 404 as Reception No. 450847. LESS AND EXCEPT that portion of land claimed by the Department of Transportation, State of Colorado by Rule and Order recorded April 5, 1990 in Book 776 at Page 50 as Reception No. 411308. COUNTY OF GARFIELD STATE OF COLORADO Legal description take from Schedule A of ALTA Owner's Policy No. 0-9301-747851 prepared by Stewart Title Guaranty Co., dated August 19, 2009. Practical Descriotion: The 98 acre property is lo- cated at the northeast corner of SH 82 and CR 103, approximately 2 miles east of Carbondale, CO, in Section 25 and 26, Township 7 South, Range 88 West in Garfield County. DESCRIPTION OF PROPOSAL: This application requests and amendment to the approved LUCP reducing the scope and scale of impacts for a gravel extraction operation covering 65.48 acres of the 98 acre parcel. This site is located within the Rural Zoning District. All persons affected by the proposed Major Impact Amendment request are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled before the Board of County Commissioners, On January 12, 2015 at 1:00 pm in the County Commissioners Meeting Room, Garfield County Administration Building, 108 8th Street, Glenwood Springs, Colorado. Published in the Citizen Telegram November 27, 2014. (10737186) EXHIBIT ARTICLE NUMBER 9407 1118 9956 1067 6546 49 ARTICLE ADDRESS TO: Brian Sandra Gaddis 1215 Prince Creek road Carbondale CO 81623 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 Sena• ARTICLE NUMBER 9407 1118 9956 1067 6462 48 ARTICLE ADDRESS TO: Jane Keener & Andrew Quiat 470 Wooden Deer Road Carbondale CO 81623-8837 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 6220 37 ARTICLE ADDRESS TO: Chris & Sue Coyle 501 Wooden Deer Road Carbondale CO 81623-8840 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 6136 77 ARTICLE ADDRESS TO: Scott & Becky Minor 384 Wooden Deer Road Carbondale CO 81623-8837 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 0 C fJ) r:'U CD N OE o. ARTICLE NUMBER 9407 1118 9956 1068 0117 24 ARTICLE ADDRESS TO: The Bailey Family Investment Company 1000 Blue Heron Lane Carbondale CO 81623-7750 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1068 0176 65 ARTICLE ADDRESS TO: Crystal Ranch Corp 13112 Highway 82 Carbondale CO 81623-9508 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1068 0489 66 ARTICLE ADDRESS TO: Clifford Cerise Ranch 86 County road 104 Carbondale CO 81623-9604 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 9681 29 ARTICLE ADDRESS TO: Dolores (Dee) Blue Revocable Trust 404 County Road 104 Carbondale CO 81623-9604 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 9040 34 ARTICLE ADDRESS TO: Jonathan & Lucie Fitch 12 Williams Lane Chappaqua NY 10514-2623 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 9891 92 ARTICLE ADDRESS TO: Jay Riley 404 county Road 104 Carbondale CO 81623-9604 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 9241 79 ARTICLE ADDRESS TO: Elmer B. & Shirley L. Sparks 14209 Sedrev Road NE Albuquerque NM 87123-2227 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 i ARTICLE NUMBER 9407 1118 9956 1067 9921 23 ARTICLE ADDRESS TO: George & Marti Clemons 39433 Harbor Hills Blvd. Lady Lake FL 32159-5910 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 9525 61 ARTICLE ADDRESS TO: Colorado Department of Transportation 222 S. 6th Street Ste 317 Grand Junction CO 81501-2769 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 9420 98 ARTICLE ADDRESS TO: Chuck Vidal P.O. Box 2914 Basalt CO 81621-2914 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 9961 45 ARTICLE ADDRESS TO: Helen Dee McLean Family Trust Donald G. McLean, Trustee 8080 Meade Street Westminster CO 80031-3926 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 9745 63 ARTICLE ADDRESS TO: Art & Arlene McMahon 1640 Pwrs Fy Rd SE Building 25 Marietta GA 30067-1444 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 0c • CD OcD {D ARTICLE NUMBER 9407 1118 9956 1067 6846 08 ARTICLE ADDRESS TO: Gary & Esther Skibowski 9874 Kings Valley Clarkston MI 48348-4192 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 9353 66 ARTICLE ADDRESS TO: William Burggraf Frias Properties of Aspen 730 E Durant Ave Aspen CO 81611-2072 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: ARTICLE NUMBER 9407 1118 9956 1067 9445 80 ARTICLE ADDRESS TO: Mr R Ball PO Box 2914 Elk Grove CA 95759 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 6649 21 ARTICLE ADDRESS TO: Brad Hardman P.O. Box 12232 Aspen CO 81612-9150 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 6869 23 ARTICLE ADDRESS TO: Martha Kliebert 3774 Viceroy Drive Okemos MI 48864-3843 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 9387 56 ARTICLE ADDRESS TO: Ernest & Barb Kollar 746 Wooden Deer Road Carbondale CO 81623-8838 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 4884 80 ARTICLE ADDRESS TO: Gene & Christine Upperstrom P.O. Box 99 Holly MI 48442-0099 FEES Postage per piece Certified Fee Retum Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 4529 62 ARTICLE ADDRESS TO: Dan & Mimi Jervis 276 Wooden Deer Road Carbondale CO 81623-8837 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 6313 12 ARTICLE ADDRESS TO: Mr & Mrs. Richard Haberman C/0 Haberman Construction 401 E Lupine Drive Aspen CO 81611-2346 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9966 1067 4719 70 ARTICLE ADDRESS TO: Mark & Susan Kavasch 152 Wooden Deer Road Carbondale CO 81623-8837 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 1 ARTICLE NUMBER 9407 1118 9956 1067 4917 94 ARTICLE ADDRESS TO: Cline & Sue Omang 19 Blue Creek Trail Carbondale CO 81623-9138 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 ARTICLE NUMBER 9407 1118 9956 1067 4884 80 ARTICLE ADDRESS TO: Gene & Christine Upperstrom P.O. Box 99 Holly MI 48442-0099 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 w W CO 0 0 W O M N DID N N LL LL a n CD N N o �p rnd`a cam oda)~ aUa l- au_ u Y W N E N = a U.S. Postal Service Certified Mail Receipt CO 0 0 CO •cr MI, V O M N 0 ffi co co -0 co (0 co� O N 00 0 .a O 2 O N a 10O al J L OO c L() f4 a Ln U.S. Postal Service Certified Mail Receipt ARTICLE NUMBER 9407 1118 9956 1067 6982 92 ARTICLE ADDRESS TO: Richard & Connie McCrudden 499 Wooden Deer Road Carbondale CO 81623-8840 FEES Postage per piece Certified Fee Return Receipt Fee Total Postage & Fees: Postmark Here $0.48 3.30 2.70 $6.48 Exhibit B: Garfield County Land Use & Development Code, as amended is included by reference and is on file with the Community Development Department EXHIBIT ic Exhibit C: Garfield County Comprehensive Plan 2030, as amended is included by reference and is on file with the Community Development Department EXHIBIT i ql Exhibit D: Application is included in large while binder and is on file with the Community Development Department REQUEST EXHIBIT E BULL 01/12/15 FJ PROJECT INFORMATION AND STAFF COMMENTS Amendment to the approved Cerise Gravel Mine (Application: MPPA 7832) — Major Impact Review for "Extraction" of aggregate APPLICANT/PROPERTY OWNER Clifford Cerise Ranch Company, LLLP REPRESENTATIVE Ben Langenfeld (Greg Lewicki & Associates) Pete Siegmund (Oldcastle SW Group) PARCEL ID 2393-253-00-158 PROPERTY SIZE/SITE AREA 109 acres / 65.48 acres LOCATION ACCESS EXISTING ZONING COMPREHENSIVE PLAN of 2000 Located at the northeast corner of State Highway 82 (SH 82) and Crystal Spring Creek Road (CR 103). Approximately 2 miles northeast of Carbondale, CO Direct access off of CR 103 Rural Residential Medium (6 to <10 AC/DU) Page 1119 I. BACKGROUND & GENERAL PROJECT DESCRIPTION Clifford Cerise Ranch Company, LLLP (Applicant) is requesting to amend the existing approvals for the Cerise Gravel Mine that was approved by the Board of County Commissioners on July 5th, 2011. That application was processed through a Major Impact Review and the final approval decision is memorialized in Resolution 2011-44 (attached to this memorandum as Exhibit P). Since the requested amendments are considered a `substantial modification' to the current approvals, this application is being processed through a Major Impact Review. For the sake of brevity and clarity, this memorandum will focus on the modifications being requested. The current approvals allow the Applicant to mine sand and gravel on their property (commonly known as the Cerise Ranch) located on the northeast corner of State Highway 82 (SH 82) and County Road 103 (CR 103) in the lower Roaring Fork Valley. At the time of the original approvals, Lafarge West, Inc. had a lease agreement with the Applicant to mine and process the aggregate on-site. That has now transferred to United Companies (United) to be the operator of the gravel mine and which is pursuing these modifications. The subject property is approximately 109 acres of which approximately 65 acres of the property is proposed to be mined. While the requested amendment does not change the location and size of the mining operation; it does change how the aggregate is mined. The subject parcel consists of agricultural land consisting of several residences, outbuildings, corrals on the northern portion of the site and pastureland to the south. The property is defined by steep slopes along its western and southern boundaries and Crystal Springs Creek runs along the western edge of the parcel. The 65 acres to be mined consists mainly of flat and gently sloping pastureland. Pinion and juniper trees located along the west and southwest slopes of the property assist in screening the parcel from portions of SH 82 and portions of CR 103. The Basin Ditch bisects the northern portion of the subject property and is approximately 20 feet north of the proposed gravel mine's boundary. The entire property is fenced. The 65 acres to be mined (Cerise Mine) is adjacent to rural residential to the north, agricultural/gravel mining (Blue Pit) to the east, SH 82 to the south, and CR 103 and gravel mining (Powers Pit) to the west. The Wooden Deer subdivision is located further to the north of the site and will maintain views of the land proposed to be mined. While the existing residences on the subject parcel are accessed off of CR 104, the proposed mining site will be accessed off of CR 103 which is a paved county road approximately 24 feet in width. CR 103 is flanked by steep slopes on both sides of the road; the parcel to the west slopes steeply up; and, the land to the east slopes sharply down to Crystal Springs Creek. With the opening of this site, the existing adjacent gravel operation (known as the Powers Mine) will be closed for aggregate production. It is anticipated that the Cerise Mine will be mined for approximately 18 years followed by final and remaining reclamation. However, this timeline is an estimate and is dependent upon demand and market conditions. The original Cerise Mine approvals allowed for a concrete batch plant. This requested amendment had originally removed that from the plan as the Applicant intended only to mine aggregate on an 'as -needed' basis and truck the aggregate to the west across CR 103 to the Powers Pit where the concrete batch plat operation is currently in operation. Since this amendment application was filed with the County, the Applicant has brought the concrete batch plant back in to the mining plan and has adjusted their amendment application to include the plant. As a result, this Staff Memorandum has been slightly adjusted to reflect an analysis that includes the concrete batch plant. Page 2119 II. Referral Comments Received Staff referred the Application to the following referral agencies and their comments are provided in summary below as well as attached as exhibits to this memorandum. A. Garfield County Road and Bridge Department: In addition to participating in the site visit held on August 18, 2014, R&B Staff recommends keeping conditions of approval numbers 6 — 9 in Resolution 2011-44 as written with a requested change to the last sentence of condition number 9 as the following: "The portion of County Road 103 that is to be analyzed commences 200 feet north of the Cerise Mine's access road and continues south to the new access to the Powers Pit and this portion of road shall be reconstructed to the proposed engineering design." Additionally, if a gate is to be used for security at access point, would like to see location. Finally, R&B Staff would like to see engineering design of a WB -67 truck heading north on CR 103, turning right into the pit with a truck stopped at the exiting stop sign, showing it would not have to stop on CR 103 to allow a truck to exit the pit first. B. Garfield County Vegetation Management: Proposed weed management program is acceptable. There may be a need to manage nuisance weeds (Kochia and Russian Thistle) during mining and reclamation. Regarding revegetation, proposed seed mixes are acceptable. C. Colorado Department of Public Health and Environment: Provided a form response letter that essentially requires the Application to comply with Regulation No. 3, Appendix A and C. An Air Pollution Emissions Notice (APEN) and an Application for Constriction permit will be required for this operation. D. Garfield County Sheriff Office: No Issues of concerns. E. Colorado Division of Water Resources: Indicated that the proposed operation does not anticipate exposing ground water so exposure should not occur during mining or reclamation. Also, if storm water is not diverted or captured in priority, it is required to be released, or replacement for evaporation will be required. Any exposed ground water must be backfilled immediately until a well permit is obtained allowing exposure in a pit. F. Colorado Division of Parks and Wildlife: provided the following recommendations for the development of the gravel operation including all garbage containers be certified bear proof and emptied often; suggests a reclamation see mix containing a variety of grasses and forbes along with shrubs such as sage brush; develop the access to the site with a culvert Targe enough for the passage of fish in Crystal Springs Creek as well as using appropriate sediment controls; Pits that are anticipated to fill with water should have slopes of at least 3:1 and / or ramps for wildlife to exit; and recommends a strict adherence to hours of operation from 7:00 AM to 5:00 PM for heavy construction activities for noise impacts to wildlife. G. Carbondale & Rural Fire Protection District: has no issues with the proposed amendment. H. Garfield County Environmental Health Manager: Concurred with previous comments provided for the original LaFarge application. These include noting that since the employee count was reduced below 24, a CDPHE approved system is not necessary; Applicant should demonstrate that air P age 3119 permits are still valid for equipment; applicant shall obtain all CDPHE required air permits as well as an APEN; suggests a limit of 100,000 tons of mined gravel per year; an air permit for the concrete batch plant is no longer needed; suggests reducing hours of operation due to noise impact to nearby residents and use dust mitigation. Additionally, the department supports the policy for requiring the Onsite Wastewater Treatments System (OWTS); and also continues to support conditions 3, 18, 19, 30, and 32 in Resolution 2011-44. I. Garfield County Contract Engineer (Mountain Cross Engineering): Provided the following comments: 1. The Applicant should provide a permit for the CR 103 driveway. 2. The Applicant should provide correspondence with the local Fire Protection District and the correspondence should address the flammable and hazardous materials intended at the proposed gravel pit. 3. The Applicant will need to obtain permitting from CDPHE. 4. The Applicant should evaluate if silt fencing at the toe of the proposed berms may be warranted until after they have been revegetated. III. Specific Proposed Amendments to Current Approvals A. Primary Site Plan Components The proposed site plan has eliminated the office / restroom facility. The scale has been kept but the large parking area has been reduced due to the significant drop in anticipated full time employees from 45 to 8. Mining, crushing and washing will continue to occur but with portable plants rather than permanent facilities. There will still be a need for limited fuel storage tanks with secondary containment. Other facilities that will remain include the concrete batch plant, a trash dumpster, and portable toilets to be located near portable equipment or the face of the mine, a tailing pond, and overburden, topsoil, and material stockpiles. Equipment proposed for the Cerise Mine includes the following changes: Approved Equipment / Structures 4 loaders 2 diesel powered generator set 1 dozer 2 - 4 scrapers 1 grader 1 backhoe 1 water truck 2 — 3 pumps (as needed) 1 skid steer 1 Scale 1 Crushing Plant Proposed Equipment / Structures 4 loaders (3 are temporary) 1 Dozer (temporary) 2 — 4 Scrapers (temporary) 1 Grader (temporary) 1 Water Truck 1 Scale 1 Crushing Plant (portable) Page 41 19 1 Wash Plant 1 Trash Dumpster 1 Office w/ Bathroom 2 —4 Portable Toilets 1 Concrete Batch Plant B. Gravel Mine Phasing Plan 1 Wash Plant (portable) 1 Trash Dumpster 2 —4 Portable Toilets 1 Concrete Batch Plant The proposed mining schedule, completed through 4 primary mining phases and a reclamation phase will take approximately 18 years from start to finish depending on market conditions. The application proposes a mining phasing plan that includes concurrent reclamation in a similar fashion to the currently approved plan. Based on this proposed mining schedule, United will mine approximately 375,000 - 500,000 tons per year with an average of 437,000 tons per year. Many of the proposed processing facilities are defined as temporary. Note, the Application contains no information as to the definition of "temporary" such as duration; as a result, these temporary structures could be on-site permanently with no assurance as to their temporary nature. This mining time frame is three years longer than the originally approved mining plan. Consider a comparison between the two below: Currently Approved Mining Schedule Phase Disturbed Area (in acres) Mine Area (in acres) Projected Time (in years) 1 27.8 6.1 1.9 2 29.5 24.1 7.1 3 0 7.4 2 4A 8.2 8.1 3.4 4B 0 2.1 0.6 TOTAL 65.5 47.8 15 Proposed Mining Schedule Anticipated Mining Schedule Phase Description Disturbed Area (in acres) Projected Time (years) Phase 1A & 1B Build topsoil berm and overburden stockpile. Revegetate berm and pile immediately upon completion. Mine out Phase 1A and 1B 8.8 acres 1.7 Phase 1C Mine out Phase 1C after backfilling Phase 1A. Topsoil and revegetate Phase 1A 9.5 acres 3.4 Phase 2 Reclaim most of Phase 1B and some of Phase 1C while mining Phase 2 14 acres 5.9 Phase 3 Reclaim Phase 2 while mining Phase 3 14.6 acres 4.7 Phase 4 Reclaim Phase 3 while mining Phase 4 6.4 acres 2.2 Final Reclamation Reclaim remaining disturbed areas such as berms and scale area. 0.3 Total 18.2 1 19 The mining is to occur primarily in four phases (rather than 5 in the current approvals). From the Mining and Reclamation Maps provided in the Application the site is proposed to be mined at 1:1 or 3:1 slopes and reclaimed at 3:1. The depth of the mine will be approximately 100 feet deep but will depend on geologic/soil conditions. Reclamation at a 3:1 slope is a deviation from the County's Land Use & Development Code standards which specifies 5:1 slopes for dry land slope areas. The current approvals allowed the Applicant to deviate from the 5:1 to 3:1 reclaimed slopes. Consider another way to compare the mining phases between the approved phasing plan on the left with the proposed plan on the right. The Applicant suggests this new phasing plan is less impactful because it will be reclaimed as much as possible while mining out future phases. Additionally, the total amount of exposed disturbed land will be reduced from 60 acres to 31.4 acres at any one time during the life of the mine. C. Employees The current approvals included up to 45 full time employees where 20-35 people were employed by Lafarge and the other potential 10 people worked at the Ready Mix concrete plant. The current proposal is to operate the mine as a borrow / rock source on an as needed basis. This would include hauling the rock out of the mine and sending it to various needs in the area that also include feeding the Ready Mix concrete batch plant on the adjoining property known as the Powers Pit. This has the effect of reducing the approved employee count from 45 employees to a maximum of 8 full time employees during the height of the construction season as expressed by the Applicant during the site visit to the property on August 18, 2014. In all other times, they anticipate only needing two full time employees. However, the Applicant requests approval to continue to include the concrete batch plant in the mine under the following circumstances set forth here and more fully analyzed later in this memo: 1) The lease at the Powers Pit is no longer in place; 2) Mining at Cerise has reached maximum depth (90 feet below natural grade); and 3) Fixed wastewater facilities (such as an OWTS) and a potable water well have been installed at the Cerise mine site. 6119 D. Hours of Operation There is no request to vary the hours of operation from the currently approved hours set by the Board. Specifically, the hours of operation, as contained in Resolution 2011-44 are: The gravel pit shall be allowed to operate Monday through Saturday from 7:00 AM to 8:00 PM with crushing, digging and heavy hauling only occurring between 7:00 AM and 5:00 PM Monday through Friday with heavy hauling also allowed from 7:00 AM to 5:00 PM on Saturday; and crushing and digging from 8:00 AM to 5:00 PM on Saturday. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes E. Noise The Application contains a revised noise analysis that addresses the revised mining plan prepared by Hankard Environmental. As background, the currently approved mining plan was able to demonstrate that the noise generated from the mining operation met the noise requirements under state law with certain mitigation which was also prepared by Hankard Environmental. With the recent re-insertion of the concrete batch plant, this revised mining plan required a new analysis (Hankard Environmental report dated 11/05/14 attached to this staff memo as Exhibit R) that shows that the new mining operation will meet the requirements of state law with specifically proposed mitigation; however, Staff finds there is one area that needs to be pointed out for slight clarification. In determining compliance with state law two primary things occur: First, the adjacent land uses need to be determined such as residential, light industrial, commercial, etc. Second, anticipated sound volumes (AKA dB(A) levels) are measured at a location 25 feet outside the subject property to see if the noise levels meet, exceed, or are below the standards for those "receiving" land uses as they emanate off the property. The original approved noise analysis is shown below on the left and the revised and proposed noise analysis is proposed on the right. These are intended to show use categories (residential, light industrial, etc. for the purposes of setting or meeting the dB(A) thresholds set forth in state law and the County's Land Use and Development Code. ;LEGEND 1 • Nearest Existing Residence Industrial 80 dBA Light Industrial 70 dBA Or Industrial 80 dBA Page 7119 The first point of discussion is simply to point out the revised noise analysis treated three residences on the cerise property differently than the original noise analysis. Please refer to the images above. These three residences are encircled in either yellow on the original analysis (image on the left) or black on the revised analysis (image on the right). The original analysis separated them out likeeaa separate parcel and required a residential noise threshold 25 feet from the mining area when in fact, they are not a separate parcel at all; they are part of the Cerise property. So, the revised noise analysis accurately addresses this by including them in the Cerise property, but does ensure that the noise levels are 50 / 55 or lower at these houses to meet the spirit or intent of the state law. Staff concurs with this approach. Ultimately, with the inclusion of the concrete batch plant, with the noise exceptions provided in state law for "constriction activities" as well as mitigation proposed, the new mining plan meets the requirements of the Land Use & Development Code and state law for noise. In order for the new mining operation to comply with these requirements, the following mitigations are required which are a combination of the conditions currently required in Resolution 2011-44 and as a result of the new noise analysis and restated here from the "clean version" of proposed conditions: 13. 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 are: residential to the north; light industrial to the east, industrial to the west; and, Tight industrial to the south as shown in the Hankard Environmental report dated 11/05/14. 14. The Applicant shall implement the following noise mitigation standards: A. Noise berms/stockpiles at least 15 feet tall along the north permit line and eastern permit line for Mining Phases 2 through 4. The eastern berm extends 250 feet south of the Riley property line per the Hankard Environmental report dated 10/17/14. B. While constructing these berms, earth moving equipment such as scrappers 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 absorbing barrier around it). D. All generators shall be housed within noise reducing enclosures sing commercial grade silencers (i.e.20 dB insertion loss or more) per the Hankard Environmental report dated 10/17/14. E. Use white noise back-up alarms on all United Companies mobile equipment per the Hankard Environmental report dated 10/17/14. Backing up by contractor vehicles not outfitted with these alarms should be minimized; F. Conduct all construction and noise -producing activities related to construction, excavation, and processing during the daytime (7:00 AM to 5:00 PM). Page 8119 G. All construction equipment was assumed to be standard with standard mufflers and not -to - exceed noise source levels as defined per the Hankard Environmental report dated 10/17/14. H. The concrete batch plant should be located in the bottom of the pit for Mining Phases 4 through 6. The tower should be orientated such that the baghouse is on the southeast side and the loading access point on the west side to provide at least 15 dB to 20 dB of noise reduction to each of these sources in the critical directions per the Hankard Environmental report dated 10/17/14. F. Road Capacity & Traffic The application contains a revised Traffic Analysis prepared by Eugene G. Coppola who also prepared the original traffic study as well as a traffic analysis letter from Turnkey Consulting, LLC. The Turnkey Consulting letter provides a traffic overview of three scenarios: current approval, proposed amendment, and Cerise Mine with the closure of the neighboring Powers Pit and the relocation of the concrete batch plant to Cerise. That comparison is restated below which ultimately shows that even with the concrete batch plant, the net trips are reduced by approximately 25%. Vehicle / Trip Type # of Vehicles per Day (vpd) / PCEs1 (All vehicles are Large Trucks (PCE = 3j. unless otherwise noted) Change g (Approved Plan to Cerise Only" Scenario) Approved Plan (Jan. 2012 TIS) Proposed Plan (May 2014 Letter) "Cerise Only" Scenario Aggregate and Asphalt Trucks 250 200 200 — 20% Concrete Trucks 75 02 75 0% Special Aggregate Import Trucks 5 5 5 0% Employees (passenger vehicles) [PCE =1] 45 15 20 — 56% Miscellaneous 10 10 10 0% Aggregate Import 3 Cerise to Powers Total Vehicles 30 415 42 2 272 0 310 — 100% — 25% Since the time the Board approved the Cerise Gravel Mine in 2011, improvements have been made to the intersection of CR 103 (Crystal Springs Road) and State Highway 82. The traffic report also points out that the traffic on SH82 have decreased since the last traffic analysis was performed for the original approvals. The revised traffic study concluded: 1. Site traffic will be some 25% lower than the site traffic evaluated in the April 2012 traffic impact study. 2. Background traffic will likely be less than estimated in the TIS given stable or declining traffic on SH 82 since the TIS was prepared. Page 9119 3. Long term operating conditions contained in the TIS were determined acceptable; however, with the expected reduction in site traffic and possibly less background traffic growth, improved operations are anticipated. 4. Recent roadway improvements will be sufficient to serve long term traffic demands including Cerise traffic and are properly designed for the current speed limit. 5. The traffic impact study for the Cerise mine remains valid and fully addresses and demonstrates the acceptability of the current plan. The County Road and Bridge Department reviewed the amendment and conducted a site visit which resulted in their recommendation that the existing conditions (except Nos. 8, 10 and 11 which can be deleted) of approval set forth in Resolution 2011-44 should still be required for this revised plan. These conditions are included here: 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 (W8-6) 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. All vehicles requiring oversize/overweight permits shall be obtained from the Garfield County Road and Bridge Department. . - - Permit from the Garfield County Road and Brid-gc Department. Amy of this permit shall be submitted to the Garfield County Planning Department. 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 continues south to the new access to the Powers Pit and this portion of road shall be reconstructed to the proposed engineered design. 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 County Road 103. 11. Prior to the issuance of a Land Use Change Perea+t, the Applicant sla-all-obtain the appropriate State Highway Access Pcrmit from Colorado Department of Transportation. All conditions of the access permit shall be conditions of this permit. Page 10 1 19 G. Potable & Production Water & Wastewater As background, in the original approvals, the Basalt Water Conservancy District (BWCD) agreed to lease the water required to meet the projected consumptive use requirements of the site. That water would be obtained from two wells on the property; one well will provide the production water and the other will provide potable water for domestic use in the office. In October 2010, two test wells were installed on the site in the approximate locations of the permitted wells. A 24-hour pump test was run on these wells and it was determined that there an ample supply of water to support the Cerise Mine. One of these wells was also permitted to provide potable water in a bathroom in the office / scale house for the 40-45 full time employees at the site. For a drinking supply, that supply was a system that required design approval from the Colorado Department of Public Health and Environment (CDPHE). These wells also required a valid water augmentation contract from the West Divide Water Conservancy. The current conditions of approval in Resolution 2011-44 require the following: 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 Community Development Department for their review. 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 Community Development Department for review. This task shall occur prior to the issuance of Land Use Change Permit. 33. Prior to the issuance of a Land Use Change 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 Community Development Department with the new permits. 34. The Applicant shall contact Bill Blakeslee, Water Commissioner, when development of the Cerise Mine impacts Crystal Spring Creek. For this requested amendment, the Applicant has entered into a contact with BWCD for 0.50 cubic feet per second from the District's direct flow rights delivered via the Basin Ditch rather than pull the water from the water well. In addition, if there is a senior call on the ditch, the process water would come from the wells on the property also augmented with 33.0 acre feet per year provided by the BWCD contract. This process water primarily covers dust control and washing of rock. The Applicant states that this amount of water can also accommodate the process water used for operation of the concrete batch plant. Regarding potable water for employees, the current approvals (as proposed by LaFarge) require an ISDS to be installed in the plant site area for the restroom facilities in the office building and several port -a - potties will be located throughout the site for use by employees working in the field. The applicant wishes to amend the approvals by eliminating the ISDS / restroom facilities and, instead, provide bottled Page 11119 water and port -a -potties to the full time employees. That would eliminate the need for the use of the well for that service. The County has historically and consistently required projects that require 1 FTE or greater to have adequate facilities for water and wastewater use which commonly require an ISDS. In this case, the Application states there will be a baseline of 2 FTEs on the property year round; however, during the site visit and in the application materials, the Applicant explained that this FTE count will rise to 8 full time employees during the height of the construction season. This policy is also supported by the Garfield County Building official and the County Environmental Health Manager (referral comments are attached) that require a minimum standard such as an ISDS / permanent restrooms to provide for safe and sanitary conditions for employees. However, given the significant change in mining operations from LaFarge's significant regional employee / operational base with an employee count at 45 to United Company's basic rock source operation that only provides aggregate on an as -needed basis with seasonal production and the unique nature of the limited employee activity on the site, a full OWTS and water well is not needed at this time and is also characteristic of how the County has approved other gravel operations. Staff agrees with the requested waiver for requiring the OWTS and water well for these specific and unique reasons and has suggested a finding in support of the waiver. The County will require an OWTS and water well if and when the concrete batch plant is relocated to the Cerise Mine under the following circumstances set as conditions of approval: 1) The lease at the Powers Pit is no longer in place; and 2) Mining at Cerise has reached maximum depth (90 feet below natural grade). H. Visual Impact Considerations The current approvals were granted, in part, due to the screening provided by large berms that were to be constructed on the north side of the mine. The following discussion was provided in the Staff report for the Lafarge application that was ultimately approved in Resolution 2011-44: The proposed operation is to be mined in five phases. Mining and reclamation are to occur concurrently to assist in reducing visual impacts to the surrounding area. Due to the topography of the property, the mining activities on-site will be difficult to see from SH 82 and other areas south of the property. However, land north of the Cerise Mine is at a higher elevation and looks down on the property. Therefore, Lafarge is taking steps to minimize the visual impact for those neighbors. Early in the process, topsoil and overburden stockpiles will be placed on the west and north edges of the permit boundary. These stockpiles will be re -vegetated and serve as screens to block views into the mine site from the north. To further minimize the visual impact of the mining activities, Lafarge will move the aggregate processing plant equipment onto the mine floor as soon as Phase 2 mining is completed. The access point into the site has been located along CR 103 away from any residential streets or driveways and so that trucks coming and going from the site to SH 82 will not pass any homes. Lighting will also be kept to a minimum. All on-site lighting will be downcast and shielded so not shine directly onto other properties. An unobtrusive site identification sign will be placed at the entrance to the facility. Page 12119 A View Study model was prepared to help all parties involved to understand the effectiveness of the proposed screening and berming. Several screen shots from that study are provided in Tab 15 of the application. Staff recognizes that there will be a cumulative impact when both the Cerise and Blue Pit Mines are operating next to one another. Applicants of both mines have indicated that reclamation as they mine will occur and the Cerise Mine shall implement berming along the north perimeter of the site and house the aggregate processing plant at the bottom of the pit in order to reduce visual impacts. This amendment proposes to reduce the large 50 -foot berm to 15 feet tall and mine and reclaim concurrently to reduce the overall large disturbance that was approved as part of the current approvals. This includes leaving the irrigated fields in place for as long as possible along with concurrent reclamation. However, it should be noted that if and when the concrete batch plant is moved to the site, it shall be located on the northern most side of the mined pit wall at a depth of 90 feet such that it will not be visible from neighboring views. Staff has asked the Applicant to visually demonstrate in the public hearings how their plan is an improvement over the existing visual mitigation in the current approvals. IV. RECOMMENDED FINDINGS 1. That the proper public notice was provided as required for the hearings before the Planning Commission and the Board of County Commissioners. 2. That the hearings before the Planning Commission and the Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at those hearings. 3. The proposed use is in the best interest of the health, safety, and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, can be in conformance with the applicable Sections of the Garfield County Land Use and Development Code of 2013, as amended. 5. That the application, if all conditions are met, can be in conformance with the applicable Sections of the Garfield County Comprehensive plan 2030, as amended. 6. The 3:1 slopes are an appropriate deviation as per Section 7-1002(H)(3) of the Land Use and Development Code of 2013, as amended. 7. Pursuant to the authority set forth in Section 4-118 of the LUDC, a waiver is hereby granted from Section 7-105 (Central Water Distribution and Wastewater Systems) finding that due to the unique nature of the intended use and specific circumstances herein, a waiver is granted from requiring a permanent OWTS and water well unless and until a concrete batch plant is located at the Cerise Mine at which time the conditions of approval contained herein shall render this waiver null and void. Page 13119 V. PLANNING COMMISSION RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS The Planning Commission recommends the Board of County Commissioners approve the proposed amendment to the Land Use Change approval for "Extraction" of gravel known as the Cerise Gravel Mine (MPPA 7832) with the following conditions: (Note, these contain suggested changes from the Applicant (se Exhibit V) highlighted in strike through / addition format highlighted in yellow for your consideration.) VI. RECOMMENDED MOTION I move to approve an amendment to the Major Impact Review Application (MPPA - 7832) for the "Extraction" of gravel on 65.48 acres, on property owned by Clifford Cerise Ranch Company, LLLP with the following recommended findings and conditions set forth below. 1. That all representations made by the Applicant in the application and at the public hearings shall be conditions of approval unless specifically altered by the Board of County Commissioners. 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. 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. Visual Considerations 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. 5. All lighting associated with the property shall be directed inward and downward towards the interior of the property. Vehicle Access & Traffic Considerations 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 (W8-6) 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. r,� may'/4 44 k 7. All vehicles using County Road 103 to access the Cerise Mine shall abide by Garfield County's oversize/overweight system. All vehicles requiring oversize/overweight permits shall be obtained from the Garfield County Road and Bridge Department. submitted to the Garfield County Planning Department. Page 14 1 19 ss5ry,, v1Jr./ . ' I 9. Prior to the issuance of a Land Use Change Permit,¢ Applicant shall conduct a geotechnical investigation of County Road 103 and /based on this analysis, provide a pavement section design to the Garfield County. P1 44-4g.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 and continues south to the new access to the Powers Pit and this portion of road shall be reconstructed to the proposed engineered design. Air Quality Considerations 10. 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. Reclamation Considerations 11. The reclamation plan of the site shall include using hydro -seeding with hydro -mulching and tackifier for all slopes greater than 5:1. Hours of Operation Considerations 12. The gravel pit shall be allowed to operate Monday through Saturday from 7:00 AM to 8:00 PM. Crushing, digging and heavy hauling may only occur between 7:00 AM and 5:00 PM Monday through Friday with heavy hauling also allowed from 7:00 AM to 5:00 PM on Saturday and crushing and digging from 8:00 AM to 5:00 PM on Saturday. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. Noise Considerations 13. 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 are: residential to the north; light industrial to the east, industrial to the west; and, Tight industrial to the south as shown in the Hankard Environmental report dated 11/05/14. 14. The Applicant shall implement the following noise mitigation standards: A. Noise berms/stockpiles at least 15 feet tall along the north permit line and eastern permit line for Mining Phases 2 through 4. The eastern berm extends 250 feet south of the Riley property line per the Hankard Environmental report dated 10/17/14. B. While constructing these berms, earth moving equipment such as scrappers cannot operate for more than 15 minutes in any one hour while within approximately 100 feet of the permit boundary. Page 15119 C. Place a silencer on the dust collector blower that is situated on top of the concrete batch plant (or build a sound absorbing barrier around it). u -p Y '/ D. All generators shall be housed within noise reducing enclosur(s.si rg commercial grade silencers (i.e.20 dB insertion Toss or more) per the Hankard Environmental report dated 10/17/14. E. Use white noise back-up alarms on all United Companies mobile equipment per the Hankard Environmental report dated 10/17/14. Backing up by contractor vehicles not outfitted with these alarms should be minimized; F. Conduct all construction and noise -producing activities related to construction, excavation, and processing during the daytime (7:00 AM to 5:00 PM). G. All construction equipment was assumed to be standard with standard mufflers and not -to - exceed noise source levels as defined per the Hankard Environmental report dated 10/17/14. H. The concrete batch plant should be located in the bottom of the pit for Mining Phases 4 through 6. The tower should be orientated such that the baghouse is on the southeast side and the loading access point on the west side to provide at least 15 dB to 20 dB of noise reduction to each of these sources in the critical directions per the Hankard Environmental report dated 10/17/14. General Mining Enforcement Considerations 15. Garfield County can request a site inspection with 24 hours' notice to the operator or property owner. Full access to any part of the site will be granted. On request, all permit related permit related paperwork must be shown. 16. 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 Page 16119 Industrial Standard Considerations 17. The property owner and operator acknowledge that Garfield County has the following performance standards, and failure to comply with such standards could lead to revocation of the Land Use Change Permit /- A. All fabrication, in -a re r service and repair operations shall be conductg$vithin an enclosed building or obscured by a fence, natural topography or landscaping, equested- change via ExhibitV.;_.b.€caus ille,re'''sno.,definit.ioafor"major", perhaps a better way would be to suggest a qualifying sentence including provision for "emergency" service and--� repair.,.) 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 whic constitutes a public nuisance or hazard. F reflective painting-of-storage--t-afrks- - ther legal requirements for safety or air pollution control measures shall be exempted from this provision. DRMS Reclamation Bond Considerations 18. The Garfield County Community Development 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 released. 161, 19. The reclaT�on bond that shall be held by the State Division of Reclamation, Mining and Safety shalt' of 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. 20. • 1 updated to reflect this cost and a copy of the revised bond su-bmitted to the Garfield County Community Development Department. (Suggested change by Exhibit V.) 21. All of the conditions of the Garfield County permit arid 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. Page 17119 Annual Mining Report Considerations 22. The Applicant shall be required to submit a report annually of the gravel operation for Garfield County Community Development Department 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 Community Development Department. 23` The Applicant shall meet all applicable Colorado Department of Public Health & Environment regulations for a non -transient, non -community water system when the number of individuals using the potable water well is more than 24. 24. The Applicant will provide Garfield County Community Development Department with copies of all equipment relocation notice provided to the Colorado Department of Public Health and Environment, Air Pollution Control Division. 25. Prior to the issuance of a Land Use Change Permit an Emergency Preparedness Plan shall be submitted to the Garfield County Community Development Department for review. 26. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit a final Stormwater Management Plan to the Garfield County Community Development Department. Water Well Considerations 711) 2. If and when the concrete batch plant is located to the Cerise Mine, the Applicant shall drill a permanent water well and provide the results demonstrating quantity and quality of the well to the Garfield County Community Development Department for their review. Wildlife Considerations 28. The site shall have certified wildlife proof dumpsters. Air Quality Considerations 29. The Applicant shall implement Best Management Practices to ensure air quality impacts are minimized and meet CDPHE permit requirements. Page 18119 Heavy Hauling Considerations 30. All 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. All trucks ascending or descending the haul route shall not exceed speeds of 10 mph; All trucks descending the access road on-site and County Road 103 approaching State Highway 82 shall not use engine Jake Brakes to decelerate; C. 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, iD. The Applicant shall set up a series of progressive consequences for drivers that fail to comply with the above conditions; aftar threeyitalat-iotts-a-ny-t-rucker-sbaJ1-be-prohibited fr-era-erate.r-iog tFre-pi or rio o 1esss-than.�n.e ear. 31. Aggregate extraction activities will not take place at both the Powers Pit and the Cerise Mine at the same time. 32. An asphalt batch plant shall not be allowed within the property unless approved by Garfield County pursuant to the Garfield County Land Use Code in effect at the time of the request._ p 33. At such time when the Applicant desires to relocate the concretech plant from the Powers Pit to the Cerise Mine, the Applicant shall construct an office w th restroom facility served by potable water from a permitted water well on the propertyi'This restroom facility shall also provide waste water service through a permitted OWTS permitted through Garfield County. Permits for the OWTS shall be applied for six months in advance of the concrete production plant transferring to the site. The OWTS will be constructed prior t any concrete production at the batch plant. - - relocation of the concrete batch plant. Further, the concrete batch plant may only be relocated to the Cerise Mine under all the following conditions: (Suggested change per Exhibit V.) a. The lease at the Powers Pit is no longer in place or within 12 months of termination; and b. Mining at Cerise has reached maximum depth (approximately 90 feet below natural grade) having at least a 3 acre area for which to locate. A N Page 19119 Cerise Gravel Pit Amendment Garfield County Board of County Commissioners Public Hearing January 12, 2015 General Information • Appticant • Representative Ctifford Cerise Ranch Company, LLLP Ben Langenfeld (Greg Lewicki & Associates) Pete Sigmund (old Castle Group) • Property Location - 3.5 miles east of Carbondale on SH 82 / CR 103 • Property Size 109 acres (Mining Area = 65 acres) • Zoning Rural • Application Amend the current approvals for a revised mining plan £t operation 1/12/2015 1 Background • Cerise Gravel Mine obtained approval from the BOCC in 2011 • Operator was Lafarge with robust operations / mining plan • Terms of that approval listed in Resolution 2011-44 • 140 Land Use Change Permit has been issued yet by County • Improvements to 511 82 & CR 103 Intersection complete IC00T Approval)` • Entrance to property almost compete (County Rab & U5 Corps of Engineers Approval) - • United Companies, LLC now the operator proposing a significantly reduced mining plan / operations - Planning Commission held public hearing on November 12, 2014 1/12/2015 (1(A4'4' 1r/46.A. 10) 1/4/4- Je.-fr) 5J,4 ti,1 �,ys1-$ 2 Noise: Fewer vehicle trips than Approval Noise • Clarification for three Cerise Residences • Riley Residence Concrete Batch Plant • Mets LUDC and State Law with mitigation LEGEND • fleetest Existng Ras Berne ■ 80 dBA Light lndastna 70 OB0 Industrial 80 dBA PUO yin A Vehicle / TNp Type Aggregate and A •halt Trucks 8 of Vehic es per Day (vpd / PCEs 41 vMwies aret-.. Trucks • E• 3 unless WMnna ?MI) Approved Plan Jan. 2012 T10 Proposed Plan "Cerise Only" Ma 2014 Letter Scenario 200 200 % Charge Ammod Plan to onry-sron.nol Employees (passenger vehicles) 1PCE211_ _ Miscellaneous Aggregate Import' Cerise to Powers —100% Impacts Reduced Overall from°name{ Approval: Employee Reduction from 40 to 2 to 8 Traffic reduced by 05% Visual Impact Reduction via concurrent reclamation B limited disturbance Practical elimination of Concrete Batch Plant (If and when) Noise Impacts greatly reduced No Asphalt Batch Plant Dust generation reduced 1/12/2015 3 Gravel: The Comprehensive Plan Et State Law 9.'-i-arOeid Ccuoly r cgnlzeg that surface and mineral owners have certain legal tights and priile Mohd Ng Lha richt to extract and develon these interests Private property owners also have pertaltiy net Mega:,including the right to tees the inneral estate developed innable manner an de'er.:impacts tn 3aaied: The property rights ofminerallessees must be balanced with the right=_ of private roptity owners and the goner ' public (This is the balance question. Mining with mitigation). ir 2. Mai ninry of viable sand and -wave) resources in the county using mtermaao e Ordere it°Geological Survey and permit data horn Garfield County- (Done this „in Com "J� Etrsurfl Mat de,(elopnrs of anergy or mineral extraction projects contribute proportionately to •the nsfrundon and operation of an ppblic improvemenls whlph are. or will be re:lwrod by their (Aeolic -ants nave done this mitt GR 103 improvements) Gravel: The Comprehensive Plan Et State Law 34-1-301 (Mineral Extraction Plan) Planning Commission Recommends Approval with Notable Conditions Et Findings • Requested Waiver: (Section 7-1002)11)(3) Allowing an increase in minng from 5:1 to 3:1 slopes (Finding #b on page 13 of Staff Memorandum) • Requested Waiver: (Section 7.105 Central Water Distribution & Wastewater Systems): From Well & (SDS to Porta -Potties & Bottled Water for specific and unique circumstances (Finding #7 on page 13 of Staff Memorandum) • Conditions: The set of conditions track the original conditions set in resolution 2011- 44 with modifications for this new plan...notably the following: • Concrete Batch Plant (If and when) - (C0A 33) • Reduchon in visual mitigation berm from 50' to 15' (Representation in the Plan) • Elimination of COAs that have been met or no longer apply (Refer to Strike -through COAs) • Modtficatton of the Noise Mitigation (C0A 14) 1/12/2015 4 Planning Commission Recommendations Approval with Conditions That all representations made by the Applicant in the application and at the public hearings shall be conditions of approval unless specifically altered by the Board of County Commissioners. 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. 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. Planning Commission Recommendations Approval with Conditions Visual Considerations 4. Alt 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. 5. AU lighting associated with the property shall be directed inward and downward towards the interior of the property. Planning Commission Recommendations Approval with Conditions Vehicle Access a Traffic Considerations 6. The Applicant shall install all signage as specified in Gene Coppola's Traffic Studyincluding:1) stop sign (R1-11 placed on the access road approach to County Road 103; and 2) two truck warning signsW8-61 on the County Road 103 approach to the site access road. The Applicant shall also install 10 mile per hour speed limit signs ors the access road andthehaul roads within the site. 7. Alt vehicles using County Road 103 to access the Cerise Mine shall abide by Garfield Countys oversize/overweight system. All vehicles requiring oversize/overweight permits shall be obtained from the Garfield County Road and Bridge Department. 8 o.io. ro th J<suan'e or t.a d Us.. Cnan9e Pe, t, the nppn'ant Di.Qway nrcNc of Ehts mar all nh(a ina d-CeuntyPtauaiug-0upactiuent- 1/12/2015 5 Planning Commission Recommendations Approval with Conditions 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 and continues south to the new access to the Powers Pit_and this portion of road shall be reconstructed to the proposed engineered design. Air Quality Considerations 10. 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. Planning Commission Recommendations Approval with Conditions Reclamation Considerations 11. The reclamation plan of t - mulching and tackifier for allslopesgreater than :1. Hours of Operation Considerations 2. The gravel pit shall be allowed to operate yMonday gthrough Saturday from 7:00 AM to 8:00 PM. Crushing. digging and heavy hauling,may only P5M 00 SaPM turday ayyandocrushin4 Friday digwithging from 8 001AIsoM occur 5:00 PM on Saturday.lowed from to 5:00 There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. Planning Commission Recommendations Approval with Conditions Noise Considerations 13. All noise_generated from the operation shall not exceed the maximum permissible limits set forth In C.R.S. 8 25.12-103, except that noise shall not exceed 80 dBIA1 during construction. The adjacent land uses for purposes of determining the maximum permissible noise levels that may radiate from the site are: residential to the north; lightindustrial to the east, industrial to the west; and, light industrial to the south as shown in the Hankard Environmental report dated 11/05/14. 14. The Applicant shall implement the following noise mitigation standards: A. Noise berms/stockpile: at least 15 feet tall along the rmrth permit ane and eastem permit line for Mining phases 1 through 4. The eastem berm extends 250 feet south of the Riley property Joe per the Hankard Enatronnnnnntal report dated 10/17554. c p ra B. ire thans15 minutes in an0 one flour wMle wlthlna pn matelo 1 W feeta05 the Ung t boundae for Y pproxi y panni e 1/12/2015 6 Planning Commission Recommendations Approval with Conditions Noise Considerations C. Place a silencer on the dust collector blower that is situated on top of the concrete batch plant for build a sound absorbing barrier around ill. D. All generators shall be housed within nolle reducing enclosures sing commercial grade silencers Ii.e.20 dB insertion loss or morel per the Hankard Environmental reportdated 10/17/14. E. Use white noise back -u alarms on all United Companies mobile equipment per the Hankard Environmental report dated 70/t 7174. Backing up by contractor vehicles not outfitted with these alarms should be minimized; P. Conduct alt construction and noise -producing activities related to construction. excavation. and processing during the daytime 17r00 AM to 5r00 PMi. Planning Commission Recommendations Approval with Conditions Noise Considrraoons _ G. noso orelsdebrteastandard with gt not-to-exceed levels as defined Hnkad Environmental report dated /17 H. The concrete batch plant should be located in the bottom of the pit for Mining Phases 4 through 6, The tower should be onentated such that the baghouse is on the southeast side and the loading access point on the west side to provide at least 15 dB to 20 dB o none reduction to each of hese sauces in the critical directions per the Hankard Environmental report dated 10/17/14. General Mining Enforcement Consideratiorss 10. Garfield County can request a site inspection with 24 hours' notice to the operator or prone[ y owner. Buil lraccework accessto anynpartsof the site will be granted. On request, all ggrmit related Planning Commission Recommendations Approval with Conditions 16. A full list of all other permits shall be provided to Garfield County within 24 hours of its requ st. Any person at any time can call the fo0owing 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 1/12/2015 7 Planning Commission Recommendations Approval with Conditions Industrial Standard Considerations 17.The property owner and operator acknowledge that Garfield County has the following performance standards, and failure to comply with such standards could lead to revocation of the Land Use Change Permit: a. All fabdcattnn. maior service and repair operations shall b pconducted within an enclosed building or obscured y a fence, natural topography or landscaping; B. All operations involving loading and unloading of vehicles shalt be conducted on private property and shall not be conducted on a public right-of-way; Planning Commission Recommendations Approval with Conditions Industrial Standard Considerations C. Alt 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 tine 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 painting of storage tanks, or other legal requirements for safety or air pollution control measures shalt be exempted from this provision. Planning Commission Recommendations Approval with Conditions DRMS Reclamation Bond Considerations 18. The Garfield County Community Development 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 released. 19. 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. 7n Th Ci ata - , n of Por"t" nin nn safray finanrrai ner,"ruy b nd shall bo (Suggested change by Exhibit V.) 1/12/2015 8 Planning Commission Recommendations Approval with Conditions 21. Alt of the conditions of the Garfield County permit and the State Division of Reclamation - ing and Safety are binding. T State Division of Reclamation, Mining and Safety can withhold the reclamation bond if the final reclamation is not executed according to the plans. Annual Mining Report Considerations 22. The Applicant shalt be required to submit a re t annually of he gravel operation for Garfield County Community Development Department Staff review, untilsuch time as the release of the leclamation bond. Upon review of any deficiencies pursuant to conditions of approval or other ocal, state. or federal permits, Staff may forward the report to the Board of Count Commissioners for full review of the Major Impact Review Permit. This reort shalt include GPS bmeasurements shown on a map showingthe current disturbance, what areas have been ackfilled, whey topsoil stockpiles are ted, all site structures what areas have been seeded, mulchedandwhat is planned for the ensuing 12 mqonths. ths map shall be overlain on the boourndpary approved of annual reporltss rs the by nted submitted to other agenciiees will be permit tt ched to the annual report submitted to the Garfield County Community Development Department. Planning Commission Recommendations Approval with Conditions 23. The Applicant shall meet alt applicable Colorado Department of Public Health Et Environment regulations for a nontransient, non -community water system when the number of indfviduats using the potable water well is more than 24. 24. The Applicant will provide Garfield County Community Development Department with copies of all equipment relocation notice provided to the Colorado Department or Public Health and Environment, Air Pollution Control Division. 25. Prior to the issuance of a Land Use Change Permit an Emer ency Pre aredness PLan shall be. submitted to the Garfield County Community DeveOopment Department for review. 26, Prior to the issuance of a Land Use Change Permit, the Applicant shall submit a final Stormwater Management Plan to the Garfield County Community Development Department. Planning Commission Recommendations Approval with Conditions Water Welt Considerations 7. If and when the concrete batch plant is located to the Cerise Mine, the Applicant shatt drill a permanent water well and_provide the results demonstrating quantity and quality of the well to the Garfield County Community Development Department for their review. Wildlife Considerations 28. The site shall have certified wildlife proof dumpsters. Air quality Considerations 29. The Applicant shall implement Best Management Practices 10 ensure air quatity impacts are minrmrzed and meet CDPHE permit regmrements. 1/12/2015 9 Planning Commission Recommendations Approval with Conditions Heav Hauling Considerations 30. 1171 trucks operating in the gravel mining operation (induding third -party trucks not operated by the property owner or operator) shall be subject to the following: 4. All trucks ascendingordescending the haul route shall not exceed speeds of 10 mph; 8 411ttuse enginenn d nBtakes tadeceleratesite and County Road 103 approaching State Highway 82 shall C. Olt truck driven, independent or employed by the Applicant shall be briefed on the conditions above and Shalt agree to operate vnthin Me requirements of these Stipulations; and. 0. The Applicant shall set up a series of progressive coneG es for driven that fail to comply with the above conditions; aper three violations any INcker shall becprohibited from entering the pit for a time period of not less than one year, Planning Commission Recommendations Approval with Conditions 33.. Atsuch time when the Applicant desires to relocate the concrete batch plant from the Powers Pit to the Cense Mine, the Applicant shall construct an office with I estroom facility servedby potable water from a permitted water well on the property. This restroom facility shall also provide waste water service through a permitted OWTS permitted through Garfield County. Permits for the OWTS shall be died for six months in advance of the concrete production plant transferring to the srte. The OWTS will be constructed prior t any concrete production at the batch plant. F, tte bp he relocated to the Cense Mine under all theurtherfollowingheconcreconditions:ate (Suggeslanttemayd only change per Exhibit V.) al The lease at the Powers Pit is no Longer in place or within 12 months of termination; and b) Mining at Cense has reached maximum depth (approximately 90 feet below natural grade) having at least a 3 acre area for which. to Locate. 1/12/2015 10 Fred Jarman From: Michael Prehm Sent: Tuesday, August 12, 2014 11:52 AM To: Fred Jarman Subject: Cerise Gravel Pit Fred, EXHIBIT t5 In reviewing the Major Impact Amendment, I would like to refer back to resolution no. 2011-44. That resolution 6, 7, 8 and 9 remain as conditions with #9 having the last sentence changed to 'The portion of County Road 103 that is to be analyzed commences 200 feet north of the Cerise Mine's access road south to the new access to the Powers Pit and this portion of road shall be reconstructed to the proposed engineering design. If a gate is to be used for security at access point, would like to see location. Would like to see engineering design of a WB -67 truck heading north on CR 103, turning right into the pit with a truck stopped at the exiting stop sign, showing it would not have to stop on CR 103 to allow a truck to exit the pit first. Mike Prehm Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell 1 August 15, 2014 Garfield Coun Fred Jarman Garfield County Community Development Department RE: Cerise Gravel Pit MPPA-7832 Vegetation Management Dear Fred, Thank you for the opportunity to comment on this permit. Noxious Weeds The applicant's approach to noxious weed management as stated in the Natural Habitat Statement submitted in the permit application is acceptable. If the non -noxious, but nuisance weeds, Kochia (Kochia scoparia) and Russian thistle (Salsola tragus) become issues either during active mining operations or reclamation, we would request that the applicant manage those species before they become a problem for the adjacent neighbors. Both species can form tumbleweeds and they have been issues in the past with surrounding gravel operations. Gravel, aggregate piles, haul roads and equipment storage areas shall be monitored for noxious weeds. Treatment shall occur as necessary prior to seed formation. Revegetation The reclamation plan and proposed seed mixes for the various phases are acceptable. Reclamation bonding falls under the jurisdiction of the Colorado Division of Mining, Reclamation, and Safety. Please let me know if you have any questions. Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939 7 - MOUNTAIN ENGINEER' July 31, 2014 Mr. Fred Jarman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Civil and Environmental Consulting and Design RE: Major Impact Amendment Application: Cerise Gravel Pit, MPPA-7832 Dear Fred: This office has performed a review of the documents provided for the Major Impact Amendment Application of the Cerise Gravel Pit. The submittal was found to be thorough and well organized. The following comments were generated: 1. The application materials do not show any will serve letters or utility connections for power, gas, phone, and/or cable television. The Applicant should address if these are intended and should provide will serve letters from the appropriate utility providers. 2. The Applicant should provide a permit for the CR 103 driveway. 3. The Applicant should provide correspondence with the local Fire Protection District and the correspondence should address the flammable and hazardous materials intended at the proposed gravel pit. 4. It appears that some of the irrigation ditches may flow through the proposed site from the east. The Applicant should address if this is the case and how they will be terminated or conveyed at the east property boundary. 5. The Applicant will need to obtain permitting from CDPHE. 6. The Applicant proposed 3:1 reclamation slopes. This is steeper than the required 5:1. The Applicant mentions that this is a request of the land owner. This may require a variance. 7. The drainage report states that infiltration and evaporation will be used for eliminating precipitation. The assumption is that the site would accept infiltration from precipitation events. However, the Applicant should consider that there are times when frost, consecutive rainstorms, or larger events may exceed the capacity for infiltration and water would flood the bottom of the pit. The Applicant should consider if a sump/pond for storage is warranted. 8. The Applicant should provide the original drainage report that is referred to in the application. 9. It appears from the topography that offsite flows may enter the site from the east. The grading plan does not show that these flows are diverted around the site. This would mean that concentrated flows may enter the pit from the east. If this is the case, a channel should be incorporated to prevent erosion of the 3:1 slopes. 826 1/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Cerise Gravel Pit Page 2 of 2 July, 2014 10. The TetraTech report states the assumption of dry soils for slope stability. The Applicant should verify if the Basin Ditch is lined. The assumption of dry soils may not be true if saturated from irrigation water. Also, the cross-section in the stability analysis shows a 3:1 slope but the grading plan adjacent to the Basin Ditch shows benched 1:1 slopes. The Applicant should verify the grading and the geotechnical recommendations are congruent. 11. The drainage plan proposes that runoff will be handled with infiltration and evaporation. The SWMP discusses dewatering the pit with pumping. The Applicant should explain if dewatering the pit by pumping is planned and explain the specifics of that in greater detail. 12. The Applicant should evaluate if silt fencing at the toe of the proposed berms may be warranted until after they have been revegetated. 13. The Applicant should explain how water will be delivered to the site when there is a senior call on the Basin Ditch. In the application materials an agreement from Basalt Water Conservancy District is provided however if the Basin Ditch has a call, there does not appear to be a secondary delivery system. Feel free to call if you have any questions or comments. Sincerely, Mountai ross Engineeri Hale, PE Mountain Cross Engineering, Inc. Civil and Environmental Consulting and Design 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Garfield County 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Fred Jarman Hello Fred, Public Health Health 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 My comments on the Cerise Gravel Pit Major Impact Amendment align consistently with those provided by Jim Rada on the original application submitted in 2011: (Comment #1): Since the number of employees with access to water from the on-site potable water system is now fewer than the defined threshold for a public water system, there is no longer a need for approval and oversight from the CDPHE, Water Quality Control Division. However, should the number of employees increase to be above 24, the applicant must go through the process to become a public water system. (Also mentioned in condition of approval #26 from the previous application.) (Comment #2): The applicant should demonstrate that the air quality permits for their crushing and screening equipment are still current. I also resonate with Jim's comment and recommend a condition on the land use permit requiring a copy of the equipment relocation notices be submitted to the Community Development Department. o This also coincides with condition of approval #12 from the original application resolution (page 4). However, a distinction that should be made in this resolution is that there is a difference between an Air Pollution Emission Notification (APEN) and a Permit. The applicant should note the emission thresholds for each and apply for the proper one, subsequently submitting it to the state. (Comment #3): I also recommend a condition of approval on the production limit of 100,000 cubic yards per year. (Comment #4): An air permit for the portable asphalt batch plant is no longer necessary as this is not included in the amended application. In regards to other nuisance conditions, Oldcastle Materials should also consider adjusting the hours of their operation when appropriate to reduce noise impacts to nearby residents. Dust mitigation procedures should be utilized when necessary and with all components of the operation including aggregate piles and crushers/belts. The policy of the Garfield County Community Development Department is that any new proposed land use that has one or more full-time equivalent employees is also required to have an onsite wastewater treatment system (OWTS). Environmental Health supports Community Development's stance that an OWTS be required for this operation. Despite the decrease in the number of employees from the last application, Oldcastle Materials must still obtain a permit and install a proper OWTS system for the use of their employees. With the use of a dedicated water supply from the well that will be drilled on the property, enough wastewater will be generated to necessitate a septic system. Environmental Health also supports conditions of approval 3, 18, 19, 30, and 32 from the resolution issued in 2011. Garfield County Public Health Department — working to promote health and prevent disease Thank you, Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 Garfield County Public Health Department — working to promote health and prevent disease COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 Response to Garfield County Major Impact Amendment TO: Fred Jarman, Staff Planner CC: Division 5 Office; District 38 Water Commissioner FROM: Ivan Franco, Water Resources Engineer DATE: August 11, 2014 RE: Cerise Gravel Pit Section 25, Twp 7 South, Rng 88 West, 6th P.M., Garfield County Operator: Clifford Cerise Ranch Co. LLLP Contact: United Companies EXHIBIT CONDITIONS FOR APPROVAL • The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground water must not occur during or after mining operations. ❑ The proposed operation will consume ground water by: ❑ evaporation, ❑ dust control, ❑ reclamation, ❑ water removed in the mined product, ❑ processing, ❑ other: Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit or other type of well permit, as applicable. However, prior to obtaining a permit, an approved water supply plan or decreed plan for augmentation is required in overappropriated areas. ❑ The proposed operation may have potential impact on existing water rights near the project location. Please provide evidence that the proposed project will not alter or impact the historic operation of existing water rights. • The applicant has indicated plans to use other water for: ® uses at the permit site, ❑ storage in the excavated area(s), ❑ other: . Processing water will be required for rock washing and dust control. The applicant will utilize Basin Ditch water under free river conditions or purchase water from the Basin Water Conservancy District. • Other: If storm water is not diverted or captured in priority, Colorado Water Law requires it to be released, or replacement for evaporation will be required of the impounder/operator/owner of the gravel pit. Any exposed ground water must be backfilled immediately until a well permit issued pursuant to CRS 37-90-137(2), allowing the exposure of ground water in a pit, is obtained from the State Engineer. COMMENTS/NOTES: Any exposed ground water must be backfilled immediately until a well permit issued pursuant to CRS 37-90-137(2), allowing the exposure of ground water in a pit, is obtained from the State Engineer. So long as the application obtains all water from a source that legally available for their uses, this office has no objection to this application. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.2223 www.water.state.co.us August 12, 2014 COLORADO Parks and Wildlife Departrnent of Natural kesources Glenwood Springs Area Office 0088 Wildlife Way Glenwood Springs, CO 81601 Fred Jarman Garfield County Building and Planning Dept. 108 8th Street, Suite 401 Glenwood Springs, CO 81601 1ECEIVED AUG 1 4 Mg GARFIELD COUNTY JMMUNITY DEVELOPMENT RE: Cerise Gravel Pit Major Impact Amendment (MPPA-7832) Dear Mr. Jarman, Colorado Parks and Wildlife (CPW) has reviewed the materials submitted for the proposed Cerise Gravel Pit located at the northeast corner of State Highway 82 and County Road 103. According to CPW's Species Activity Maps (SAM) the subject property falls within mule deer winter range, severe winter range, and winter concentration area, black bear fall concentration area, and turkey overall range. Furthermore, the stretch of SH 82 immediately to the south of the property is a mapped highway crossing area for both elk and mule deer and the property itself contains suitable habitat for various other species including chorus frogs, leopard frogs, small mammals, skunks, fox, coyotes, etc. Given the location of this property with regard to existing industrial disturbances, and current agricultural land uses, CPW does not object to the project but would like to voice the following concerns and offer recommendations to alleviate unavoidable impacts to wildlife. 1. This area is frequented by black bears, especially during the fall period when bears undergo hyperphagia in preparation for winter. Alt garbage containers onsite should be certified bear proof and emptied on a regular basis to eliminate any attractants for bears or other wildlife species. 2. The existing hay fields on the property do provide forage for mule deer and elk during winter months. During heavy snowfall years this forage is less accessible given the low growing nature of the grasses and forbs present. a. For reclamation of depleted areas that will no longer be used for agricultural purposes (e.g., side slopes and bottom of the pit), CPW recommends a diverse seed mix containing a variety of grasses and forbs along with shrub species including sage brush. 3. The access road crossing at Crystal Springs Creek has the potential to negatively affect connectivity within the stream corridor and potentially contribute to Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Chris Castilian, Secretary • Jeanne Horne Bill Kane, Chair • Gaspar Perticone • Dale Pizel • James Pnbyl • James Vigil • Dean Wingfield • Michelle Zimmerman • Alex Zipp sediment loads in this waterway. CPW recommends using an appropriately sized culvert to maintain fish passage at varying levels of flow. Additionally, appropriate sediment control BMPs (e.g., straw wattles and silt fencing) should be implemented to stop sediment originating from side slopes and the road surface. 4. Open mining pits that are expected to fill with water during operations should be designed with at least one side having a 3H:1V scope or an adequate escape ramp that allows entrapped wildlife to exit the pit. 5. Limited timeframes for heavy construction activity (7:00 a.m. and 5:00 p.m.) will be beneficial to local wildlife and CPW recommends strict adherence to these hours in order to avoid disrupting daily activities and movements by wildlife. Overall, this project will have some unavoidable impacts to wildlife in the area. Joined with the expanding Blue Pit to the east and the early phases of reclamation at the Powers Pit to the west, there will be approximately 1.6 miles of industrial development blocking north/south movement corridors for wildlife. Maintaining a vegetated buffer along the Crystal Springs Creek corridor wilt be essential to provide connectivity through this heavily disturbed strip of land. Colorado Parks and Wildlife appreciates the opportunity to comment on this project. If there are any questions or needs for additional information don't hesitate to contact Land Use Specialist, Taylor Elm at (970) 947-2971 or District Wildlife Manager, Matt Yamashita, at (970) 947-2931. Sincerely, Perry Wilt, A Wildlife Manager Cc. Matt Yamashita, District Wildlife Manager Taylor Elm, Land Use Specialist File Fred Jarman From: Bill Gavette <gavette@carbondalefire.org> Sent: Thursday, August 14, 2014 4:43 PM To: Fred Jarman Subject: Cerise Gravel Pit - Major Impact Amendment Fred, I have reviewed the application for the Cerise Gravel Pit. I have no issues with the proposal. Thanks, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District www.carbondalefire.org 970-963-2491 E. ENS RESCUE 1 EXHIBIT STATE OF COLO John W. Hickenlooper, Governor Larry Wolk, MD, MSPH Executive Director and Chief Medical Officer Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 Located in Glendale, Colorado www.colorado.gov/cdphe August 7, 2014 Fred Jarman Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 RE: Cerise Gravel Pit Dear Mr. Jarman: Colorado Department of Public Health and Environment On July 25, 2014, the Colorado Air Pollution Control Division (APCD) received a request for an air quality determination concerning Cerise Gravel Pit. APCD staff has reviewed the request and has determined that the following provisions of the Colorado Air Quality Regulations apply to the project. All sources of potential construction project air emissions in Colorado are required to obtain a construction permit unless specifically exempt from the provisions of Regulation No. 3. Go to the website www.colorado.gov/cdphe/APCD to view this regulation - click on Air Quality Regulations, then Regulation No 3. Section II.D.1 lists which projects are exempt from requirements of the regulation. In addition, you will need to establish whether you are in an air quality attainment or non -attainment area, by accessing the information at www.colorado.gov/cs/Satellite/CDPHE-AP/CBON/1251595265316. Once it has been determined that an Air Pollution Emissions Notice (APEN) is required, the next phase of air permitting involves submission of an Application for Construction Permit for each facility and one APEN for each emission source. A source can be an individual emission point or group of similar emission points (see Regulation No. 3, Part A). Both APEN reporting and permit requirements are triggered by uncontrolled actual emission rates. Uncontrolled actual emissions are calculated based upon the requested production/operating rate assuming no control equipment is used. In general, an APEN is required for an emission point with uncontrolled actual emissions of any critical pollutant equal to or greater than the quantities listed below: AREA UNCONTROLLED ACTUAL EMISSIONS Attainment Area 2 tons per year Non -attainment Area 1 ton per year All Areas Lead emissions: 100 pounds per year Sources of non -criteria reportable pollutants have different reporting levels depending upon the pollutant, release point height and distance to the property line. Please see Regulation No. 3 Appendix A and C to determine the appropriate reporting level for each pollutant, and for a list of non -criteria reportable air pollutants. However, none of the exemptions from an APEN filing requirement shall apply if a source would otherwise be subject to any specific federal or state applicable requirement. Information concerning submittal of revised APEN is also given in Regulation No. 3, Part A. An APEN is valid for five years. The five year period recommences when a revised APEN is received by the Division. If you have any questions regarding your reporting or permitting obligations, please contact the Small Business Assistance Program at 303-692-3148 or 3175. Land development construction activities (earth moving) that are greater than 25 acres or more than six months in duration will require an APEN from the Air Division and may be required to obtain an air permit. In addition, a start-up notice must be submitted thirty days prior to beginning a land development project. Please refer to the website www.colorado.gov/cdphe/APCD for information on APEN forms. Click on Construction Permit and Compliance Forms, then click on the menu item that applies to your project. If you have any questions or need additional information, please call the phone number(s) listed above, or you may call/ e-mail me directly at 303-692-3127 / jim.dileo@state.co.us. Thank you for contacting the Division about requirements for your project or permit. Sincerely, es A. DiLeo NEPA Coordinator Air Pollution Control Division Colorado Department of Public Health and Environment REFERRAL FORM Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (970) 945-8212/Fax: (970) 384-3470 metrs Proiect Name(s Date Sent: 1-/L /) Return Requeste Tvne of Application s The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate qgengy comments and incorporate them into the Staff Report, we request your response by day AND date. GARFIELD COUNTY Office or Division t OTHER MPPA-7832 Cerise Gravel Pit Major Impact Amendment Staff Planner: Fred Jarman tredjdrinall a Lai tkkid LOu11lv.ctiIn Phone: 970-945-8212 Applicant: Oldcastle SW Group for Clifford Cerise Ranch Co. LLLP Phone: Contact Person: Ben Langenfeld — Greg Lewicki Associates, Inc. ben a lewicki.biz Phone: 720-842-5321 Location: At the northeast corner of SH 82 and CR 103 (Crystal Springs) Summary of Request: Major modification to an approved gravel extraction operation 'co The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate qgengy comments and incorporate them into the Staff Report, we request your response by day AND date. GARFIELD COUNTY Office or Division t OTHER Number or Detail Road & Bridge (District I) Paper - Chris Hale Mtn. Cross CD and Paper Attorney CD Sheriff's Dept- Jim Sears ®K CD v.cO-_i_e ssv ' 'co %aiming Commission 11 paper Vegetation Manager CD 1 Eoard of County Commissioners 4 paper Environmental Health CD Planner CD and Paper Public Paper COLORADO STATE LOCAL/FED GOVT ENTITIES Water Resources / State Engineer CD Town of Carbondale CD Department of Transportation CD Eagle County CD Basin Water Conservancy District CD Division of Reclamation and Mine Safety CD Health Department CDPHE Water Div CD Health Department CDPHE Air Div CD Wildlife Division (GWS Office) CD DISTRICTS/SERVICES Carbondale Fire Protection District CD 1111 1 M11.1,8 kl�'�h fi k '14I WANK IWC 11 11 1 Reeeption0: 806658 08116!2011 09:35:18 AM Jean Alberioo 1 of 28 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield EXHIBIT ! P At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on. Tuesday, the 51h day of July, A.D. 2011, there were present: John Martin , Commissioner Chairman Mike .Samson , Commissioner Tom Jankovsky , Commissioner Andrew Gorgey , County Attorney Carey Gagnon , Assistant County Attorney Jean Alberico , Clerk of the Board of County Commissioners Ed Green. (absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2011- 4 4 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT, MIPA 6545, FOR EXTRACTION OF NATURAL RESOURCES (SAND & GRAVEL) KNOWN AS THE "CERISE MINE" PARCEL NO. 2393-253-00-158 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application from Clifford Cerise Ranch Company, LLLP (the "Applicant') for a Land Use Change Permit for Extraction of Natural Resources (Sand and Gravel) as shown in the Mining, Reclamation, and Landscape Plans attached as Exhibit A. B. The 65.48 acre site, depicted and described in Exhibits A, page 1 of 13, and B respectively, is located at the northeast comer of State Highway 82 and Crystal Spring Creek Road (County Road 103) and is approximately two (2) miles northeast of Carbondale, Colorado in Section 25, Township 7 South, Range 88 West of the 6th PM, Garfield County and within property owned by Clifford Cerise Ranch Company, LLLP. C. The 65.48 acre site is described in the application documents and located within the parcel described in the attached Exhibit C and incorporated by this reference. Page 1 of 10 r VIIIPlIMI N/.f.0.111.111 1114.101114 11111. Reception#: 806658 08/16/2011 09;35:18 RM Jean Rlberico 2 of 28 Rec Fee:$0.80 Doc Fee:0.00 GARFIELD COUNTY CO D. The subject property is located within the Rural zone district and a Land Use Change Permit for Extraction of Natural Resources requires approval through a Major Impact Review Process conducted by Garfield County. E. The Board of County Commissioners is authorized to approve, approve with conditions, or deny a Land Use Change Permit for "Extraction of Natural Resources" pursuant to Sections 1-301 and 4-106 of the Garfield County Unified Land Use Resolution of 2008, as amended. F. The Garfield County Planning Commission opened a public hearing on April 13, 2011. upon the question of whether the Land Use Change Permit application for Extraction of Natural Resources should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The. Garfield County Planning Commission closed the public hearing on April 13, 2011 and forwarded a recommendation of approval with conditions to the Board of County Commissioners. H. On May 31, 2011 a site visit was conducted to review the proposed mining operation. This public meeting was attended by Garfield County Staff, Board of County Commissioners, and members of the public. I. The Board of County Commissioners opened a public hearing on the June 13, 2011 upon the question of whether the Land Use Change Permit application for Extraction of Natural Resources should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. J. The Board of County Commissioners continued the public hearing on June 13, 2011 to July 5, 2011 to allow County Staff to research five (5) topics including: 1) Noise Standards; . 2) Air Quality Standards; 3) Cumulative Impact Requirements; 4) Blue Pit Conditions of Approval; and 5) the number of existing permanent and temporary asphalt batch plants in Garfield County. K. On July 5, 2011, the Board of County Commissioners opened the continued public hearing to hear the requested information from Garfield County Staff and determine whether the Extraction of Natural Resources Application should be approved, approved with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Application; L. The Board of County Commissioners closed the public hearing on July 5, 2011 to make a final decision. Page 2 of 10 1111IIiN"� i , llf1��' 11altIli 1111i ,iteceptson#: 806658 38of629 Roc�Feee:$Q.98 0RDoc Fee:O 00iGARFIELD COUNTY CO M. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That the proper public notice was provided as required for the hearings before the Planning Commission and Board of County Commissioners. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at those meetings. 3. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, can be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008, as amended. S. The 3:1 scopes are an appropriate deviation as per Section 7-840 (I)(1)(b)(3) of the Unified Land Use Resolution of 2008, as amended. 6. The modification of Dryland Vegetation standards are an appropriate deviation as per Section 7-840 (H)(2)(b)(1)(a) of the Unified Land Use Resolution of 2008, as amended, and that the modifications blend with the surrounding area and provide for futurere-use of the site. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 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. 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. 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. 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. Page 3 of 10 I11111h^�iK�'4,Iii'>h'►1�RI��f+��IL6�i��,G4fi{.NV4�Ni��1 UI III Reception#: $06658 06/1612011 09:35:16 AM dean Albarioo 4 of 26 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 5. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 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 (W8-6) 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. All vehicles requiring oversize/overweight permits shall be obtained from the Garfield County Road and Bridge Department. 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. 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. 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 County Road 103. 11. Prior to the issuance of a Land Use Change Permit, the Applicant shall obtain the appropriate State Highway Access Permit from Colorado Department of Transportation. All conditions of the access permit shall be conditions of this permit. 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. 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 Use Resolution of 2008, as amended. 14. The gravel pit shall be allowed to operate Monday through Saturday 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 Page 4 of 10 1111 Iyri lirOMI+II'l.IC10 14 ML . * Eli 11111 Reception#. 806858 08/18/2011 09:35:18 AM Jean Rlberioo 6 of 28 Ree Fee:i0.00 Doo Fee:0.00 GARFIELD COUNTY CO 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. 15. All noise generated from the operation shall not exceed the maximum permissible limits set forth in G.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. 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 scrappers 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 absorbing 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. 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 Page 5of10 VIII! 'iN� �VNIf` (� 1Ilfl�N�lCI GSI Iii+ Iw11t1Y1M1'111111 Reception#: 805658 08/18/2011 09:36:18 AM Jean RLbertoo 8 of 28 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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 19. The property owner and operator acknowledge that Garfield County has the following performance standards, and failure to comply 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 painting of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. 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 released. 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. 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. Page 6 of 10 1111 111liIithrdiN0U,0N1TI41.NA N41 Mr 11111 Reception#• 806858 0811612011 08:35;18 Ari Jean Alberioo 7 of 28 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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. 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. 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 bondUpon 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 siteplan 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. 26. The Applicant shall meet all applicable Colorado Department of Public Health regulations for a non -transient, non -community water system when the number of individuals using the potable water well is more than 24. 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. 28. 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. 29. Prior to the issuance of a Land Use Change Permit an Emergency Preparedness Plan shall be submitted to the Garfield County Planning Department for review. 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. 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. Page 7 of 10 1111 rIPIIIMLIIX1 litrilf1,110,MR 511141,1111i 11 11 1 Reception#* : 896855 0811612011 09:35:18 RM Joan filherioo 8 of 29 Ree Fee:$0.00 Doo Fee:e.00 GARFIELD COUNTY CO 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. 33. Prior to the issuance of a Land Use Change 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. 34. The Applicant shall contact Bill Blakeslee, Water Commissioner, when development of the Cerise Mine impacts Crystal Spring Creek. 35. The site shall have wildlife proof dumpsters. 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; 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. All 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: Page 8 of 10 . 1111 VIP111.1+1rialltaiRiMAU141?11.i111111 Reception#: 806e58 0B/16/2011 09:35:18 AM Jean Alberiao B of 28 Rao Foe:88.00 Doc Fee:0.00 GARFIELD COUNTY CO A. All 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 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. 38. The mining of the Cerise Mine shall not start until the Powers Pit has been closed. 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. Dated this % S qday of , A.D. 20 11 . ATTEST: ..a -#v re) GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, ARFIE i CO , COLORADO k of the Board of County C airman Upon motion duly made and seconded the fore following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY on was ad ted by the ,Aye , Aye , Aye Page 9 of 10 1111 t i 1111 Reception$i 806658 08/16!2011 09:35:19 AM Jean Alberioo 12 of 26 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners Page 10 of 10 to i 'motifs' 111111,PlivalWilliNICEIMEII ■I ill Reception#: 806658 08116/2011 09;36:18 ACI Jean Alberico 11 of 28 Rec Fee7$0.00 Doo Fee:0.00 GARFIELD COUNTY CO nn�p000111V -RESINANallMf=10 11Va GOtrRfUIRYM.AfT I=MT • MO 1 01 e q ei�� A A Mow 0 A8 ; 000ti 111 II I 0111 1 1 1 1 1 i i 1 1 s 1 1 0 z rn 1 S 1 f 1 troMINOIR dRM+Y1 COVERSHEET ■i.f>wmitai FyI'Mevaiant! VWMNINO 1111nRnivi.rdiri I IrICIIk 11111 Reception#: 806658 08/18/2011 09:35:18 AM Jean Plberico 12 or 28 Roo Fee:$8.00 Doc Fee.0.00 GARFIELD COUNTY CO 111121111IMENSMI -ftealrietireaCRItirlf.volgi aa112161•111101110 .MOM 2 tr-9. • •,, fJ ; 3:7A.,1— -:.. ..v.... ••9 • C.4 • . i 4 14 it tiF ,.... _ • _ _ , , Vf, 41: ..•11 _ _ ..-.0—.7..-...„.1..,•-.. _ a / 4 k. t• ..... /.t t NWiliVIIIMX f: 2k0g5MiflitiSti"' • ir A ;Ira.' •-t ;`;•k t t • qele, glE Vi`t :I, Nei a; 'Mt ri e4t 1 ; A la, 51;••• ; y.111 40 44i 4 !el s•, -it • '11r 1111' !ei 1N 44 , k; ik13 'ia.1 t Cf t t ?Ai tm414 .t -- • -. ... 0. • I t "14.;,W"Atir V • 3 4161.1lE IOW OT6P1AN ALTASURVEY irenuil1C11 apentillehem 1105 ild14114044 ..pileVesiee=4.1 1111061W41MIW.4=1e1].nl toscoraacurmotiiiansii6inlYY:1ewer Iciwar cup cm iU S tUOUEk ■ml nP r1rwitiil'T wI IV 1ff'W i Tub ilium mels ■III I Reception#• 806658 08/16/2011 09:35:16 Pon Jean Rltrerico 13 of 28 Rao Fee:$0.00 Doc Fes:0.00 GARFIELD COUNTY CO I i aaecm.lxmmno C ISLIM irtefLF4 ncc AMMO Demo eye NORM MININC38EiaUENCE 1 CPRE-MINIM:PI4A5 ST61114TECH �leYaam +we anew, tf. nI-am.�'r.mrs A w 1,54,I1190110µ0-0,1,4!0.MillI0-41.0.7,•10..11pOSZ.AsEcou..0,ww.4., gesw, 0A cow g, Wt,• •i rititrairifflotic mit RN Reception#: 806658 08/18/2011 0935:18 AM Jean Alberioo 14 of 28 Reo Fee:$0.00 Doc Fee:0.0G GARFIELD GGUNTY CO v v 3 E z rn 0 Al 0 m I. ) 4Wwww.ww. . W raw 1 4, L NeWl SIAM TITOW CVW MIILE 03 at Paii MINNQ SEQU BIC E 2 (Ft4A8E-1 MING) 14,017tAIW^ Tyra* TECH oitoMmlocrine eoltpme0410W .14,11Wccomw 1..pop....,1•=3",1 G.,DItMWNoPG tEtinPoutcn¢`elaumnr. IgwO 0 tap...um. > a A ■Ill t101K(11111111 MIRIAM ifilrillMellKOMINi II III Reception#: 806658 08/18/2011 08:35:18 AM Joan Alberico 15 of 28 Roo Fee:$0.00 Doo Foe:0.00 GARFIELD COUNTY CO t 1 1 y 1 1 il n‘eer.olruncr111 uMVImN1iT,Y�6 IMI l Mr EECVnaF 0101199:00.140C•000 M0WYm00 GiREE417 PLI41a M1RJING:8ECIUENCE3 `(PHASEi MINING) 01 MI mrou IEIIILLIIIE_p MI� -- MIM M INE — TETRA" s 44. sm.salm=1411497 ruttmPsfratat. :m ikRsauy,onOp T.MURCZCWNYIgINf:CCUMMUM..ua9O NOL21 1 • aP e o �idll�iip xrC 1304 rnox OV 1 0311K11121E. 9hhWi MINING SEOUENCE 4 (PHASES MINING). 1,144 11.11.10 PIN'm e16 TETRA TECII WL1f1Rms.," • tromuStrOM • aro cck ;agimtolnt:.V-arm 1,117iTc11➢nngakilMUava6,r/,muurctn-rhiri..gwwa..tom Wm4N • 1 i `rJ 1 L CEMSEMPIE SITE klA INNING SECUENCE b (PHS3FTVi1 AMA 1 Mb MINED W11 1 1/dl4 BIM WN TETRA Thi Iqc N1019,911 1:10 MIMS TMVO 11. U 0 • O v k. J go -f Er neo am kCO 0 moo ▪ COQ® - m ate.: �mo _ om �� • MNN grz- -- u� m amr_ Coa UWE.;xam-rxwn4iamit, c.ulmeeCCOANTI.,,a 13,11Ca+m+c.o.v KOPSC N75011. MINI,NS SEOJENQE'6 (PHASE 4A MINING) 11. 0 >- 0 U rew LL V0 V am ay 2 cw �o ao ��W .. COM 0 pito 0 ori �++NN et mw U�o lesal.'ao. samscoi'cauryivuaninivieprommPar.-Mouocrw�e- E i A t1 ONESKUIMMINIXO Vakes sna aaxxv+taa• CI MSEpiPL 511E LelI MINING.SEQUENgET (12HASE'4B MINING) TETRA TECH w..enan:. wFipu1.av U 0 ti zei t_ C4 0 03E8 Vf C9 *AO Oi _ O�� Al + NN Yj tO 0 O we 102 I MA. .X.51,113/42..MIONAOSNEETRIERMAING0.11f17 AIMANIt14.0.J.Vanatnre • 1 1 1 z 1 1 IM011111101.1110 01111101011111000001 01110EMNE BITE MASI MNING SEQUENCE 8 (FINAL RECLAMATION CONTOURS) 11101 SAO 0.2•10 MICAP7101.1 moms —Ir— MAI TETE* TECH 1..1c1.3113.e0e 110 1.61+001t.110$W 1010000000 1.1.1111719.6.2,..04737.121 fonlet. TM. Tall 14 *WM, 10000000 4•00•00$ 1 1 111 111 drifl AIN MUM NOUS X. 0 .1 4100011200 000010010 WWI 00c W0.1 000 04 • IN .„ .1 - . T .......,_ ----- : ics... WA- -010 P ma, .-.............,.... Ite ,...1 KW 0.. ea 004/1Z -Mt • -0. MF 1---.--- -00 . 111.1111.1111... ... 0010.04- .0 .. ' M9 60_ q-------- . • -MI -001 -W0 WS- 00, 02 -Al MD 44. ow- .... 000010010 WWI 00c WC a 40 04 0411 IN W. 011. .. .1 - 4. en".-w. 0. p —ow ics... WA- -010 11111.91120 VA 0%i UM 1100 we OW IP- a 40 tw 0 IN pm .1 . 4. en".-w. ..... p —ow ics... WA- -010 00 LW Ite ,...1 KW rAilkii 71.i ----'' • . -Mt wee, -0. 401 -00 . 111.1111.1111... ... 0010.04- .0 .. ' 100, A. ww -MI -001 -W0 00, -Al MD 44. ow- -....... : -0. -40214 iwik01.0099 . 0.1139 1,1 WW1 11134:08 %OM 00.9 IP- a 40 ,,,!„.,_,...........-1-44..........%17 0 0.40., lc* las pm .1 - ......, 4. en".-w. ..... p —ow ics... WA- 111 . Peie • 00 LW Ite KW Ie. . A • . -Mt wee, 11. yi . AM Losis 9, 111.1111.1111... ... I .. PIIP". 100, A. ww -001 -W0 00, %OM 00.9 W. a 40 ,,,!„.,_,...........-1-44..........%17 0 0.40., lc* las pm .1 - ......, 4. - ..... p ________ ics... WA- 00 3'30099PN 00 0040 ,,,!„.,_,...........-1-44..........%17 ,.. .0 00 Ite • . -Mt tilt _WM - -400 100, , ' -W0 MD -40214 On- Vif N MOW El .10 Il 92'Vd v r ° 11111 RecIption#: 808858 08/16/2011 09:35118 AM Jean Alberico 21 -of 28 Rec Fee:$0.00 000 Fee:0.80 GARFIELD COUNTY CO 1 I➢®alutNAY.plmllinsalli.VarYAQ4RIDIC41.11CmYR162Mar Pwl...W 2 •I81-4 .d. 4 I11.11=11111t . , MET Zi. -A-14.1'..~ 1111., PLANT SIIEAND STRUCTURE. ELEVATIONS 2 1146 El "'Erma T101 1MOlMr111..12.00 _N • a n m D 111 NV1d 3dV3SGNY1 3N � ee S ASA `�~i! �. r A A A E e; r. A. 10 um= earr4.1idicsou 0ROFANE A SII)�t w 'D ID %) t)c)%)%)%)%) t) v3 fulhERFOM LANDSCAPE P LAN CMS �... COMM, tseN+s,m. • £110802nd 1111 1111 R.c ptien0: 806638 08/16/2011 09:36:18 AM Jean filberico 24 of 28 Reo Fee:$O.00 Dec Fee;0.00 GARFIELD COUNTY CO Exhibit B Legal Description of Subject Site THAT PORTION OF THE WEST HALF OF SECTION 25 AND THAT PORTION OF THE EAST HALF OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, STATE OF COLORADO, BEING MORE PARTICULRLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: SO4°09'58"W, ALONG A LINE BETWEEN THE EAST QUARTER CORNER OF SAID SECTION 26 AND THE WITNESS CORNER FOR THE SOUTHWEST CORNER OF SAID SECTION 25 AS SHOWN ON THE ALTA/ACSM LAND TITLE SURVEY PREPARED BY D H. SURVEYS, INC. OF GRAND JUNCTION, COLORADO, JOB No. 1194-10-01, DATED MAY 2010. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 26; THENCE SO4°09'58"W, ALONG SAID BASIS OF BEARING LINE, A DISTANCE OF 343.70 FEET TO THE POINT OF BEGINNING; THENCE S78°36'47"W, A DISTANCE OF 386.66 FEET; THENCE S63°10'09"W, A DISTANCE OF 149.12 FEET; THENCE N89°05'31 "W, A DISTANCE OF 95.62 FEET; THENCE N57°10'32"W, A DISTANCE OF 306.27 FEET; THENCE N48°43'19"W, A DISTANCE OF 79.01 FEET; THENCE S46°48'15"W, A DISTANCE OF 251.17 FEET; THENCE S48°43'19" E, A DISTANCE OF 273.34 FEET; THENCE S16°20'52"W, A DISTANCE OF 17.06 FEET; THENCE S42°43'54"W, A DISTANCE OF 78.77 FEET; THENCE S81°23'50"W, A DISTANCE OF 30.14 FEET; THENCE N89°01'12"W, A DISTANCE OF 71.27 FEET; THENCE S89°42'11"W, A DISTANCE OF 56.56 FEET; THENCE S35°42'10"W, A DISTANCE OF 51.95 FEET; Page I of 3 ■R1cYept in:rilr 6'5 1 IA MI.I1/P4IrWCNIC II'i 11 111 08/16/2011 09:35:18 AM Jean Alberico 25 of 28 Rao Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO THENCE S34°40'21 "W, A DISTANCE OF 66.58 FEET; THENCE S33°46123"W, A DISTANCE OF 29.27 FEET; THENCE S12°52'50"W, A DISTANCE OF 23.42 FEET; THENCE S14°30'48"W, A DISTANCE OF 49.93 FEET; THENCE S 11 ° 11'23"W, A DISTANCE OF 34.80 FEET; THENCE S11°26'51"W, A DISTANCE OF 14.45 FEET; THENCE S16°49'34"W, A DISTANCE OF 53.94 FEET; THENCE S20°04'38"W, A DISTANCE OF 42.81 FEET; THENCE S32°18'15"W, A DISTANCE OF 17.46 FEET; THENCE 540°23'33"W, A DISTANCE OF 30.04 FEET; THENCE S48°43'46"W, A DISTANCE OF 49.00 FEET; THENCE S55°36'21 "W, A DISTANCE OF 38.82 FEET; THENCE S66°32'54"W, A DISTANCE OF 56.96 FEET; THENCE S67° 14'40"W, A DISTANCE OF 43.60 FEET; THENCE S54°25'07"W, A DISTANCE OF 79.11 FEET; THENCE S49°23'36"W, A DISTANCE OF 25.08 FEET; THENCE S26°35'50"W, A DISTANCE OF 199.91 FEET; THENCE S29°07'31 "W, A DISTANCE OF 150.07 FEET; THENCE S25°34'23"W, A DISTANCE OF 40.88 FEET; THENCE S68°32'45"E, A DISTANCE OF 196.06 FEET; THENCE S69°22'36"E, A DISTANCE OF 117.78 FEET; THENCE S82°52'23"E, A DISTANCE OF 13.86 FEET; THENCE N79°23'59"E, A DISTANCE OF 19.36 FEET; Page 2 of 3 •111 1610111M11fikliii litri ialTiellk 11111 Reception#: 806858 88/16/2011 00:86:18 AM Jean Alberioo 28 of 28 Rec Fee:$O.00 Doc Fee:0,00 GARFIELD COUNTY CO THENCE N76°24'30"E, A DISTANCE OF 55.66 FEET; THENCE N73°05'42"E, A DISTANCE OF 52.41 FEET; THENCE N63°54'55"E, A DISTANCE OF 29.65 FEET; THENCE N47°36'11 "E, A DISTANCE OF 46.23 FEET; THENCE N35°43'31 "E, A DISTANCE OF 74.82 FEET; THENCE N36°57'54"E, A DISTANCE OF 45.73 FEET; THENCE N80°27'40"E, A DISTANCE OF 128.18 FEET; THENCE S14°20'39"W, A DISTANCE OF 353.33 FEET; THENCE S76°26'09"E, A DISTANCE OF 155.94 FEET; THENCE N80°05'55"E, A DISTANCE OF 112.20 FEET; THENCE S77°49'41'1E, A DISTANCE OF 687.90 FEET; THENCE S80°31'31 "E, A DISTANCE OF 682.89 FEET; THENCE N09°52'08"E, A DISTANCE OF 9.94 FEET; THENCE S80°30'49"E, A DISTANCE OF 8.52 FEET; THENCE N00°0726"E, A DISTANCE OF 1900.02 FEET; THENCE S74°14'09"W, A.DISTANCE OF 529.50 FEET TO THE POINT OF BEGINNING; CONTAINING 2,852,372 SQUARE FEET, OR 65.48 ACRES, MORE OR LESS. PREPARED FOR AND ON.BEHALF OF LAFARGE WEST, INC. TIMOTHY W. KURTZ Page 3 of 3 1111 fri NAVA M'1 ■i III �J�`eception#: $08858 IOeiifS12011 09:35:18 RCI Jean Rlbarico 27 of 28 Rec Fee:$0.00 Doc Fee:2.00 GRRFIELD COUNTY CO Exhibit C Legal Description for Subject Parcel - 97.81 AC THAT PORTION OF LOT 13 LYING NORTH OF STATE HIGHWAY NO. 82 IN SECTION 25, TOWNSHIP 7 SOUTH, RANGE 88 WEST, 6T'1 P.M. LESS AND EXCEPT THAT PORTION OF LAND CLAIMED BY THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO BY. RULE AND ORDER RECORDED AUGUST 5, 1993 IN BOOK 871 AT PAGE 404 AS RECEPTION NO. 450847. LOTS 4 AND 12 IN SECTION 25, TOWNSHIP 7 SOUTH, RANGE 88 WEST, 6TH P.M. TOGETHER WITH ALL THAT CERTAIN PROPERTY LYING SOUTH OF A LINE SITUATED IN SECTION 25, TOWNSHIP 7 SOUTH, RANGE 88 WEST AS MORE FULLY DESCRIBED IN DEEDS AND AGREEMENT RECORDED AUGUST 27, 1992 IN BOOK 840 AT PAGE 330 AS RECEPTION NO. 438400. LESS AND EXCEPT ALL THAT CERTAIN PROPERTY LYING NORTH OF A LINE SITUATED IN SECTION 25, TOWNSHIP 7 SOUTH, RANGE 88 WEST AS MORE FULLY DESCRIBED IN DEEDS AND AGREEMENT RECORDED AUGUST 27, 1992 IN BOOK 840 AT PAGE 330 AS RECEPTION NO. 438400. LESS AND EXCEPT ANY PORTION OF THE SUBJECT PROPERTY WHICH LIES WITHIN THE RIGHT-OF-WAY FOR COUNTY ROAD 104. LESS AND EXCEPT THAT PORTION OF LAND CLAIMED BY THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO BY RULE AND ORDER RECORDED AUGUST 5, 1993 IN BOOK 871 AT PAGE 404 AS RECEPTION NO. 450847. LOTS 7, 8, 9 AND 10 IN SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST, 6TH P.M. LESS AND EXCEPT A TRACT OF LAND CONVEYED TO DAVID S. JAMES BY DEED DATED NOVEMBER 5, 1907 RECORDED AS DOCUMENT NO. 37532 IN BOOK 79 AT PAGE 95 OF THE GARFIELD COUNTY RECORDS. LESS AND EXCEPT A TRACT OF LAND CONVEYED TO ANTHONY PINGS BY DEED DATED FEBRUARY 3, 1917 RECORDED AS DOCUMENT NO. 57960 IN BOOK 100 AT PAGE 608 OF THE GARFIELD COUNTY RECORDS. LESS AND EXCEPT A TRACT OF LAND CONVEYED TO THE BAILEY FAMILY INVESTMENT COMPANY, L.L.L.P. BY DEED DATED JULY 29, 1997 RECORDED AUGUST 6, 1997 AS RECEPTION NO. 511996. LESS AND EXCEPT A TRACT OF LAND CONVEYED TO STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO by DEED RECORDED FEBRUARY 7, 1974 IN BOOK 455 AT PAGE 451 AS RECEPTION NO. 261734. LESS AND EXCEPT THE TRACTS OF LAND CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, RECORDED JUNE 14,1973 IN BOOK 446 AT PAGE 8 AS RECEPTION NO. 258755. LESS AND EXCEPT ANY. PORTION OF THE SUBJECT PROPERTY WHICH LIES WITHIN THE RIGHT-OF-WAY FOR COUNTY ROAD 103. LESS AND EXCEPT THAT PORTION OF LAND CLAIMED BY THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO BY RULE AND ORDER RECORDED AUGUST 5, 1993 IN BOOK 871 AT PAGE 404 AS RECEPTION NO. 450847. Page 1 of 1 111IyYr Rih4litiCIMM4 .1+0.1 '10?4i'mog 11111 Reception#: 805658 08/16/2011 09:35:18 AM Jean Rlberico 28 of 28 Rec Fee:$14.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT 1 Q Exhibit Q: "Applicant Response" is included in large brown binder and is on file with the Community Development Department EXHIBIT I R ACousrCs AND V,®aAnpy CoNSGLTING November 5, 2014 Ben Langenfeld, P.E. Greg Lewicki and Associates 11541 Warrington Court Parker, Colorado 80138 Re: Revised Analysis of Noise from Proposed Cerise Gravel Pit for United Companies Dear Mr. Langenfeld, Per your request, Hankard Environmental has revised our analysis of noise that is expected to be generated by each of United Companies proposed Cerise Gravel Pit mining phases. Our previous analysis was documented in the letter -report Analysis of Noise from Proposed Cerise Gravel Pit for United Companies, Hankard Environmental, May 2014. The purpose of this revision was to (a) add a concrete batch plant to the analysis, and (b) change the noise zones of the property to the east of the site (Riley) and to the south of the site (State Highway 82) per the direction of the Garfield County Planning Staff. These changes resulted in some additional noise mitigation considerations to the east of the site in order to show that noise from the proposed mining activities will be in compliance with Section 7-1002 (C) Noise/Vibration of the Garfield County Land Use Development Code (2013). This report describes the applicable noise limits, the methods used to predict the noise levels, the predicted noise level results, the assessment of compliance, and required noise mitigation. APPLICABLE NOISE LIMITS The proposed Cerise Gravel Pit must adhere to the Garfield County Land Use and Development Code (LUDO), Article 7: Standards, Division 10. Additional Standards for Industrial Uses, Section 7-1002 Gravel Extraction, C. Noise/Vibration (2013) as shown in Attachment A. Per this standard, the assessment of noise compliance is to be made at a location 25 feet outside the property on which the facility is located, which in this case is the Cerise property. The noise limits are dependent on the time of day and the land use occurring on receiver properties. The proposed hours of mining operations (e.g. excavation, crushing, hauling, etc.) are from 7:00 am to 5:00 pm, thus the "daytime" (7:00 am to 7:00 pm) limits apply (see Attachment A, Table 7-1002). Some important caveats apply to these limits. During any construction phases (i.e.: construction or de -construction of noise mitigation berms), the maximum permissible noise level is 80 dBA for all land uses. In addition, during the daytime, the noise level limit can be increased by 10 dBA for 15 minutes in any one-hour period. This is to allow for the intermittent exceedance of the limits such as when earth moving equipment approaches the property line to construct noise mitigation berms. Also, noise level limits are decreased by 5 dBA for intermittent, shrill type sounds, which on this project primarily applies to tonal back-up alarms. COLORADO • WISCONSIN • MAINE phone: (303) 666-0617 • www.hankardinc.com • fax (303) 600-0282 HAND FI NVIRONMENTAL CN Figure 1 shows the land use surrounding the Cerise property. The following describes how the noise level limit was established for each parcel. • West (yellow): Large parcel contains the existing Powers Gravel Pit, which is an Industrial use, thus the Industrial limits apply. • North (blue): The parcel is zoned Rural, but is intended for residential use, thus the Residential limits apply. • East (green): Most of this parcel is used agriculturally, which is typically considered as a Light Industrial noise receptor, but because there is a residence on the site Garfield County Planning Staff requested the project apply the Residential standard. • East (purple): This large parcel is used as agricultural, and thus the Light Industrial standard applies. • South (brown): This is State Highway 82 which does not directly correspond to any of the four noise zones. It is anticipated that it would be either Light Industrial or Industrial. Note that highway noise can be 70 to 85 dBA at 50 feet away. LEGEND • Nearest Existing Residence ':005~�.-.-•. Industrial 80 dBA roe- 4 sooF Residential 55 d8A Or fight Industrial 70 d8A Light Industrial 70 dBA Light Industrial 70 dBA or Industrial 80 dBA PUD FIGURE 1 - DAYTIME NOISE LEVEL LIMITS 25 FEET OUTSIDE THE CERISE PROPERTY BOUNDARY Revised Analysis of Noise from Proposed Cerise Gravel Pit for United Companies November 5, 2014 page 2 HAND ENVIRONMENTAL i•• .•<c v.nac+'ca Coasu:^gas NOISE LEVEL PREDICTION METHODOLOGY Noise levels were predicted for eight mining phases, which include Pre -mining, Mining Phases 1 to 6, and Reclamation. For each Mining Phase the primary noise making equipment was identified and modeled using the Sound PLAN v7.3 software package implementing the ISO 9613-2 standard. The sound power level of each mining noise source used in the analysis for each mining phase is provided in Attachment B. This data was taken from sound level measurements of similar equipment conducted by Hankard Environmental, as well as from published sound power level data. All stationary or mostly stationary sources (e.g.: crushers, screens, etc.) were modeled as point sources. All moving sources (e.g.: haul trucks, scrapers, etc.) were modeled as line sources. All trucks and mobile construction equipment noise sources were modeled at a height of 7 feet above the ground. Stationary sources such as the jaw crusher and screens were modeled at a height of 10 feet above the ground. Noise level predictions points were located 25 feet outside the mine property, and at the residences, and all at a height of 5 feet above the ground. The ground type for the gravel pit permit area was modeled as "hard soil" with a ground coefficient of 0.1. The surrounding area was modeled as dry grass lands with a ground coefficient of 0.6. For reference, a ground coefficient of 0.0 represents pavement and water, and 1.0 represents completely sound absorptive ground. The following describes the equipment and activities modeled for each phase. Note that the "processing plant" consists of one jaw crusher, two cone crushers, two screens, one loader, and the associated enclosed diesel engine -generator sets. Also, for any processing, haul trucks were modeled traveling from the bottom of the pit to the scale and main access to the county road. Pre -Mining: The main activity is removing the overburden and topsoil from the planned mining areas. A large overburden stockpile at least 16 feet high will be stored near the entrance and a smaller top soil stockpile about 10 feet high will wrap around the southern portion of the mining area. Both of these stockpiles are effective at mitigating the noise propagation. The primary noise sources include four scrapers, one bulldozer, and one loader. Mining Map 1: Mining and processing will start, with the processing plant located near the entrance to the gravel pit. Mining Map 2: The process plant remains in a similar location as Map 1, but more mining is conducted to the south. After this southern area is mined, a majority of the overburden stockpile and a portion of the topsoil stockpile will the used to reclaim the southern area. Thus, in addition to the operation of the processing plant, there will be scrapers and loaders conducting reclamation. Mining Map 3: The process plant may shift slightly to the east with mining continuing where the overburden stockpile was previously located. In addition to the processing plant, scrapers and loaders will be used to clear the overburden and topsoil from the area to the east and construct a 15 foot tall noise berm along the northern permit line and eastern permit line (extends 250 feet south of Riley property line). Mining Map 4: Mining and processing continues with some overburden and topsoil removal to the southeast using scrapers. Though not expected, noise from a concrete batch plant is also added to the bottom of the pit. Revised Analysis of Noise from Proposed Cerise Gravel Pit for United Companies November 5, 2014 page 3 HAND ENVIRONMENTAL veC Mining Map 5: Mining and processing continues with some overburden and topsoil removal in the middle of the permit area using scrapers. Again, though unlikely, concrete batch plant noise remains in this analysis. Mining Map 6: Mining and processing continues in the south portion of the permit area. Again, though unlikely, concrete batch plant noise remains in this analysis. Reclamation: The overburden and topsoil berms are removed and used to fill in portions of the mined gravel pit. This involves scrapers, loaders and possibly a bulldozer. PREDICTED NOISE LEVELS AND ASSESSMENT OF COMPLIANCE Noise level compliance for a gravel pit in Garfield County is assessed by comparing predicted noise levels from the various mining activities at a location 25 feet outside the property line to the noise level thresholds defined by the LUDC. Table 1 provides the maximum predicted noise level for each phase (map) of the proposed mining in each of five different directions, with the noise level limit in each direction from the Cerise property at the top of each column. Noise level contour maps for each phase are provided in Attachment C. None of the predicted noise levels exceed their respective criterion. As described in the Applicable Noise Limits section of this report, there are two important caveats to these noise limits. The first is that the noise level limit during construction activities (verses mining activities) for all land uses is 80 dBA. The second is that daytime noise limits can be exceeded by up to 10 dBA for 15 minutes in any one-hour period. These caveats apply to the construction (Map 03) and deconstruction (Reclamation) of the northern and eastern noise mitigation berms in which the maximum predicted noise level could reach 80 to 85 dBA for short - durations of time, but should not exceed 80 dBA for more than 15 minutes in any one-hour period due to the variable action of the equipment. These caveats also apply to the Map 04 where noise from construction equipment removing the top layer of overburden is predicted to be as high as 60 dBA in the southern corner of the Riley property which has a noise level limit of 55 dBA. As with the construction and deconstruction of the berms, the variable action of the construction equipment is not expected to exceed the noise level limit by more than 10 dBA for more than 15 minutes in any one hour period. While not necessary to show compliance with the LUDC, it should be noted that the predicted noise levels due to the mining operations at all residences outside the Cerise property do not exceed 55 dBA for any phase except during the construction and deconstruction of the northern and eastern noise mitigation berms where the residence to the east (Riley) could reach 56 dBA. Finally, the LUDC also requires that the ground vibrations along the project property line not be perceptible without instruments. Based on site visits to similar gravel pits, it is our opinion that ground vibrations will not be perceptible. Revised Analysis of Noise from Proposed Cerise Gravel Pit for United Companies November 5, 2014 page 4 HA'KARD ENVIRONMENTAL Therefore, based on our analysis and opinion the United Companies proposed Cerise Gravel Pit mining operations are expected to be in compliance with Garfield County LUDC, Article 7: Standards, Division 10. Additional Standards for Industrial Uses, Section 7-1002 Gravel Extraction, C. Noise/Vibration (2013) with the mitigation measures described below in place. TABLE 1 Predicted Maximum Sound Pressure Levels for Each Mining Phase (dBA) Mining Phase / Map North South East (Riley) East (Blue) West Property Line Property Line Property Line Property Line Property Line (55 dBA Limit) (70 to 80 dBA Limit) (55 dBA Limit) (70 dBA Limit) (80 dBA Limit) Pre -Mining 53 61 55 57 61 Map 1 53 60 54 55 65 Map 2 49 57 50 51 61 Map 3 53 58 53(1) 53 62 Map 4 51 62 55(2) 59 61 Map 5 51 65 55 60 58 Map 6 50 63 54 62 57 Reclamation 45 57 500 ) 50 56 In Compliance? Yes Yes Yes Yes Yes (1) Noise from construction and deconstruction of northern and eastern berms could reach 80 to 85 dBA on the Riley property. The Industrial noise limit of 80 dBA applies for this activity. Also, the noise levels are predicted to not exceed the allowable +10 dBA for no more than 15 minutes in any one-hour period. (2) Noise from overburden removal in the southeast portion of the site may intermittently reach 60 dBA which exceeds the applied 55 dBA residential limit, but it is expected to remain within the allowable +10 dBA for no more than 15 minutes in any one-hour period and thus remain in compliance. Revised Analysis of Noise from Proposed Cerise Gravel Pit for United Companies page 5 November 5, 2014 HAND° ENVIRONMENTAL MITIGATION REQUIREMENTS TO MAINTAIN COMPLIANCE For our analysis it was assumed that the following noise mitigation measures would be employed. 1) Noise berms/stockpiles at least 15 feet tall along the north permit line and eastern permit line for Mining Phases 4 through 6 as shown in Attachment B. The eastern berm extends 250 feet south of the Riley property line. 2) Backup alarms employing white noise or other noise controlling technology. 3) All generators should be housed within noise reducing enclosures using commercial grade silencers (i.e. 20 dB insertion loss or more). 4) All construction equipment was assumed to be standard with standard mufflers and not -to -exceed noise source levels as defined in Attachment B. 5) The concrete batch plant should be located in the bottom of the pit for Mining Phases 4 through 6. The tower should be orientated such that the baghouse is on the southeast side and the loading access point on the west side to provide at least 15 dB to 20 dB of noise reduction to each of these sources in the critical directions. Please call if you have any questions. Sincerely, Jeff M. Cerjan Senior Acoustical Consultant Attachments: A — Garfield County Gravel Extraction Noise Standards 2013 B — Noise Level and Sound Power Data for Mining Equipment C — Predicted Noise Level Contours for Each Mining Map Revised Analysis of Noise from Proposed Cense Gravel Pit for United Companies November 5, 2014 page 6 ATTACHMENT A GARFIELD COUNTY GRAVEL EXTRACTION NOISE STANDARDS 2013 Use Garfield County LURC — 2013 7-1002 Gravel Extraction C. NoiseNibration. Gravel extraction operations shall be conducted in a manner such that the volume of sound generated does not constitute a public nuisance or hazard. Gravel extraction operations shall comply with the standards set forth in C.R.S., Article 12, Title 25, except as such standards are modified as follows: 1. An Applicant shall submit a noise study that demonstrates the proposed gravel operation can meet the requirements in the matrix below based on measuring the sound levels of noise radiating from a property line at a distance of 25 feet or more beyond the subject property, except as excluded for construction activities per C.R.S. § 25-12-103 et seq., that allows up to 80 dB(A). 2. The dB(A) threshold shown in Table 7-1002 shall be that of the receiver and not that of the emitter. For example, while the gravel operation would be considered an industrial operation, the dB(A) levels shown below are measured according to the neighboring uses so that if a residential use was located adjacent to the operation, sound levels could not exceed 55 dB(A) from 7:00 a.m.to 7:00 p.m. and 50 dB(A) from 7:01 p.m. to 6:59 a.m. Table 7-1002: dB(A) Threshold per Neighboring Use 7amto7pm 7 pm to 7 am Residential Commercial Light Industrial Industrial 55 dB(A) 50 dB(A) 60 dB(A) 55 dB(A) 70 dB(A) 65 dB(A) 80 dB(A) 75 dB(A) 3. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property on which the use is located. ATTACHMENT B NOISE LEVEL AND SOUND POWER DATA FOR MINING EQUIPMENT TABLE C1 Source Noise Data Used for Analysis Equipment Type of Noise Source Point Source PWL (dBA) Source Height (feet) Notes Jaw Crusher Cone Crushers Screens Loaders Scrapers Grader Bulldozer Haul Trucks point point point line line line line line 121 115 113 113 115 115 114 110 10 10 10 7 7 7 7 7 Measured 121 dBA, Other Sources 121 dBA Estimated 6 dB quieter than jaw crusher based on measurements by others. Measured 113 dBA, Other Sources 111 dBA Measured 113 dBA, Other Sources 110 dBA Measured 113 dBA, Other Sources 115 dBA Measured 113 dBA, Other Sources 115 dBA Measured 112 dBA, FHWA Measured 114 dBA, Others 106 to 114 dBA Measured 108 dBA, Other Sources 110 dBA ATTACHMENT C PREDICTED NOISE LEVEL CONTOURS FOR EACH MINING MAP Ea -or) E co D LC) O MC) O L() O t!) In CD CD n t- co co V V V V V V V VVVVVVV U) O 14) O 14) O 14) 1)O (Dt`h-c0(0 O UDQ&DCL()CD 0 (D CD OD OD n u u 11111111 ✓ VVVVVV VVVVVVV • CD CD CD to CD CDOD CO co E CO Noise level dB(A) 55< .1 60 < 65 < 70 < 75 < 80 < 85 < <=55 <= 60 <=65 <= 70 <= 75 <= 80 <= 85 so ct BA • Fitch Limit 55 dBA • Cerise0l • • Cerlse02 Cerlse03 Riley Limit 55 dBA Limit 70 dBA Limit 70 - 80 dBA State Highway 82 CERISE GRAVEL PIT Map 2 10/15/2014 'handler la •zt Ea Lo .�Q E1:1 Lela 000 z (f) Q 41 O Lt) 0 L() 41 (0 (0 t- N- 00 CO VVVVVVV11111111 VVVVVVV +n C7 Lfi CU (n O in CO CD Cfl r+ h-0000 wc m O C C (0 C 0 0 E m tn0 E 0 L 0 N MCL v- (0 EvCOa LO 0 LO 0 In 0 In LO (0 CO N. f- Co CO v 11 11 11 11 11 v> a} v v v v v v v 0 ZD s`ooCQt3�Qnacoco Noise level dB(A) <= 55 55 < <= 60 60 < <= 65 65< <=70 70 < <= 75 75 < <= 80 80 < <= 85 85 < Limit 80 dBA Mitigation Berm (approximate) • Fitch Limit 55 dBA • CeriseDi • • Cerlse02 Cerlse03 • Riley Limit 55 dBA Limit 70 dBA Limit 70 - 80 dBA State Highway 82 CERISE GRAVEL PIT Map 4 without Overburden Removal 10/16/2014 Noise level dB(A) <= 55 55<<=60 60 < <= 65 65 < <= 70 70< <=75 75 < <= 80 80 «= 85 85 < Limit 80 dBA Mitigation Berm (approximate) 0 Fitch Limit 55 dEA • Cerlse02 Cerlse03 • Rey Limit 55 dBA 55 to 60 dBA due to noise during overburden removal in the southeast. This is intermittent noise not expected to occur for more than 15 min in any one-hour period. Thus. still considered in compliance. Limit 70-80dBA State Highway 82 CERISE GRAVEL PIT Map 4 with Overburden Removal 10/16/2014 Noise level dB(A) 55 < 60 < 65 < 70 < 75 < 80 < 85 < <= 55 <= 60 <= 65 <= 70 <= 75 <= 80 <= 85 Limit 80 dBA Mitigation Berm (approximate) L5L5imdBFiitAtch • • Cerlse02 Cerlse03 • Riley Limit 55 dBA CERISE GRAVEL PIT Map 5 10/16/2014 Noise level dB(A) <= 55 55 < <= 60 60 < <= 65 65< <=70 70 < <= 75 75< <=80 80< <=85 85 < Limit 80 dBA Mitigation Berm (approximate) • Fitch Limit 55 dBA • • Cerlse02 CerlseD3 Riley Limit 55 dBA Limit 70 dBA CERISE GRAVEL PIT Map 6 10/16/2014 • Ea 0 d + U �` v .0 x Qi v1 Q m E -J co ti L)0too41o41 41 UD UD t,PsODOD II v v VVVVv v v V V V MI V V V V (t) O U) O Lt) O U) tri 40 (o I+ 1,- GO 00 E m m O 0 2 N 0 0 Q) L] j J O W > cc c w mo EN (9 (0 W N p U � � a) 4) cuQ o6-5 Z'D t() o L() D 1.11 CD 14, II, CD (0 1-. Is N OD II 11 11 I1 11 11 11 VVVVVVV VVVVVVV LO O L11 O L O LL) 11) (0 (0 I` 00 OD N E m O O U 2 N I 0 E. J � W > cc O0 2. C W i0 O E CV EE 43 CD W (ll U Greg Lewicki And Associates, PLLC ...X EXHIBIT � S 11541 Warrington Court Phone: (303) 346-5196 Fax (303)-346-6934 Parker, CO ['SA 80138 E -Mail: irdo(ii lewicki.hiz November 12, 2014 Garfield County Planning Commission 108 8th Street Glenwood Springs, Colorado 81601 RE: Amendment to the Approved Cerise Gravel Mine — MPPA 7832 The Clifford Cerise Ranch and United Companies requests the following changes to the proposed conditions of the Cerise Gravel Mine Land Use Change permit. 27. CHANGE TO: The Applicant will provide Garfield County Community Development Department with copies of all equipment relocation notice provided to the Colorado Department of Public Health and the Environment, Air Pollution Control Division. 33. Strike this condition. The wells installed on site are monitoring wells, and no further permits will be issued for these wells. 3 CHANGE TO: Aggregate extraction activities will not take place at both the Powers Pit and the Ceri e Mine at the same time. 39. CHANGE TO: An asphalt batch plant shall not be allowed within the property unless approved )(- Garfield County pursuant to the Garfield County Land Use Code in effect at the time of the request. Sincerely, Ben Langenfeld, P.E. Greg Lewicki and Associates Burkey, Jason (Oldcastle Materials) From: Dan Jervis [Jervis@sopris.net] Sent: Monday, November 10, 2014 4:36 PM To: Burkey, Jason (Oldcastle Materials) Cc: George Clemons Subject: Re: Cerise Planning Commission Hearings EXHIBIT Hi Jason, Thanks for your note, I wanted to let you know that George has gone back to his winter home in Florida and I am going to be leaving town on Wednesday morning. I really wonder if anyone from our HOA will be there because we are so relieved after learning of your intentions of not following the original proposal that was a different animal. Basically, from my perspective you deserve approval and have already demonstrated in good faith of your intentions to be mindful of our circumstances. I feel comfortable that we can adjust to the changes and also realize that if we have any favors to ask, you will do what you can to help us out. Sincerely, Dan Jervis On Nov 10, 2014, at 2:50 PM, Burkey, Jason (Oldcastle Materials) <jason.burkey@oldcastlematerials.com> wrote: George & Dan, As you know we go before the Garfield County Planning Commission this Wednesday and I wanted to make sure there were no unanswered questions from your HOA regarding our Special Use Permit for the Cerise site. If anyone has any questions or wants to discuss any issues prior to the hearing I am available by phone, email or in person. Thank you in advance for your help and I look forward to a long working relationship with you and your homeowner's association. Thanks, Jason Burkey Environmental / Resource Manager Oldcastle SW Group 970.376.5816 cell 970.328.1734 ext 2229 jburkey@oldcastlematerials.com i Garfield County EXHIBIT (IL Application for Driveway Permit Person Obtaining Permit: Clifford Cerise Ranch CO, LLP Permit Number: GRB14-I)-20 Application Date: 11/19/2014 Termination Date: 6/1/2015 County Road Number: 103 District: Glenwood Inspector: Mike Prehm hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 103 500 Yrds +1- North of fiWY 82, located on the East side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. Special Conditions: 1. Driveway Width- 80ft 2. Culvert required? False Sizc: Existing 3. Asphalt or concrete pad required? True Size of pad: 80ft wide plus taper x 10ft long x 4in thick 4. Gravel portion required? False Length: NIA 5. Trees, brush and/or fence need to be removed for visibility? False 6. Distance and Direction: 7. Certified Traffic Control Required? True 8. Work zone signs required? True 9. Stop sign required at entrance to County Road. In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: /"�f %a _ � �C � j L .�S l� Levu 97a ac/3 L/ Address: Telephone Number: Permit granted 11/19/2014, subject to the provisions, specifications and conditions stipulated herein. For Board of County Cpnunissioners' of Garfield County, Colorado: Representative of Garfield County Road and Bridge Signature Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. Alt entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. Garfield County Road and Bridge Department 0298 CR 333A Rifle, CO 81650 Phone -(970)625-8601 Fax- (970)625-8627 Invoice Driveway Permit Number: GRB14-D-20 Invoice Date: 11/19/2014 Bill To: Clifford Cerise Ranch Co, LLP 1040 Main Street Carbondale , CO 81623 $75.00 per Driveway Permit. Driveway Permit Fee: $75.00 Total Due: $75.00 Thank You! y\ & ce sn. -ThatNt Dov printReceipt Page 1 of 1 GARCO ROAD AND BRIDGE 298 COUNTY ROAD 333A RIFLE, CO 81650 MERCHANT # 941000097561 SALE REF NUM: 432316120016 VISA ***********:0445 INV NUM: GRB14-D-20 DATE: 11/19/2014 AUTH NO: 022281 AVS: N PO NUMBER: 1234 TOTAL: Customer Name: Jason Burkey EXP.: **** TIME: 9:42:35 AM CVV: M Tax: $ 0.00 $ 75.00 CUSTOMER ACKNOWLEDGES RECEIPT OF GOODS AND/OR SERVICES IN THE AMOUNT OF THE TOTAL SHOWN HEREON AND AGREES TO PERFORM THE OBLIGATIONS SET FORTH BY THE CUSTOMERS AGREEMENT WITH THE ISSUER. https://www.mesvt.comfTransaction/printReceipt.aspx?transactionID=38709006 11/19/2014 Greg Lewicki And Associates, PLLC ...X EXHIBIT v 11511 Warrington Court Phone: (303) 336-5196 Fax (303)-346-6934 Parker, CO USA 80138 E -Mail: info r lewicki.biz January 12, 2015 Garfield County Board of County Commissioners 108 8th Street Glenwood Springs, Colorado 81601 RE: Amendment to the Approved Cerise Gravel Mine — MPPA 7832 The Clifford Cerise Ranch and United Companies requests the following changes to the proposed conditions of the Cerise Gravel Mine Land Use Change permit. 8. REMOVE — The required driveway permit has been executed. 14.F. Conduct all noise -producing activities related to construction, excavation, and processing during the daytime (7:00 AM to 5:00 PM). 15. Garfield County can request a site inspection with 24 hours' notice to the operator or property owner. Full access to any part of the site will be granted. On request, all permit related paperwork must be made available to county staff. 17.A. All fabrication, major service and repair operations shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping. 20. REMOVE — The irrigation system is no longer part of the proposed plan, therefore this condition is no longer applicable 33. At such time when the Applicant desires to relocate the concrete batch plant from the Powers Pit to the Cerise Mine, the Applicant shall construct an office with restroom facility served by potable water from a permitted water well on the property. This restroom facility shall also provide waste water service through a permitted OWTS, permitted through Garfield County. Permits for the OWTS shall be applied for six months in advance of the concrete batch plant transferring to the site. The OWTS will be constructed prior to any concrete production at the batch plant. Further, the concrete batch plant may only be relocated to the Cerise Mine under all the following conditions: a. The lease at the Powers Pit is no longer in place or within 12 months of termination; and b. Mining at Cerise has reached maximum depth (approximately 90 feet below natural grade) having at least a 3 acre area for which to locate. Sincerely, Ben Langenfeld, P.E. Greg Lewicki and Associates