HomeMy WebLinkAbout9.0 Resolution 2015-0911111Or ELli?IOt,'r1111111
Reeepiion#: 858935
02/03/2015 02:13:55 PM Jean Alberico
1 of 11 Rec Fee;$0,00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
)ss
County of Garfield
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 Monday, the 12 day of January, A.D. 2015, there were present:
John Martin
Mike Samson
Tom Jankovsky
Frank Hutfless
Jean Alberico
Andrew Gorgey
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk to the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2015 - O �%
A RESOLUTION OF APPROVAL FOR THE FIRST AMENDMENT TO A LAND USE
CHANGE PERMIT (MPPA 7832) FOR EXTRACTION OF NATURAL RESOURCES
(SAND & GRAVEL) KNOWN AS THE "CERISE GRAVEL MINE"
PARCEL NO. 2393-253-00-158
Recitals
A. On July 5th, 2011, the Board of County Commissioners (the Board) of Garfield County,
Colorado, approved a Land Use Change Permit application submitted by Clifford Cerise Ranch
Company, LLLP (the "Applicant') for Extraction of Natural Resources (Sand and Gravel Mine). This
approval was memorialized in Resolution 2011-41.
B. On July 7, 2014, the Applicant submitted an application (MPPA 7832 — Major Impact
Review Amendment) to amend the approval granted by the Board in Resolution 2011-44. This
Resolution, with its findings, terms, and conditions shall replace Resolution 2011— 44 in its entirety.
C. The subject property contains aproaximately109 acres with the proposed gravel mine
occurring on a 65.48 acre site within the property which is depicted in Exhibit A. The property is located
at the northeast corner 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 owned by the Clifford Cerise Ranch Company, LLLP.
D. The 65.48 acre site is to be mined according to the mining plan described in the
application documents and graphically described in the attached Exhibit B.
E. 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. It
was determined that the proposed amendments to the originally approved Land Use Change approval
(Via Resolution 2011-44) were considered a substantial modification and that an amendment would
require a new Major Impact Review application.
1
tl
1111 ®1111
Reception#: 858935
02/03/2015 02:13:55 PM Jean Aiberico
2 of 11 Rec Fee:$0.00 Doc Fee:D.00 GARFIELD COUNTY CO
F. 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 1-201 and 4-101 (G) of the Garfield County Land Use & Development Code of 2013, as
amended.
G. The Garfield County Planning Commission opened a public hearing on September 24th,
2014 upon the question of whether the amendment to the approved 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.
H. The Garfield County Planning Commission closed the public hearing on September 24th,
2014 and forwarded a recommendation of approval with conditions to the Board of County
Commissioners.
I.
The Board of County Commissioners opened a public hearing on January 12, 2015 upon
the question of whether an amendment to the approved 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 closed the public hearing on January 12, 2015 to
make a final decision.
K. The Board of County Commissioners, on the basis of substantial competent evidence
produced at the aforementioned hearing, has made the following findings of fact:
1. That the proper public notice was provided as required for the hearing before the Board of County
Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete, that all
pertinent facts, matters and issues were submitted or could be submitted and that all interested parties
were heard at the hearing.
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
2
1111 PAT MOAKIN! 11 11 1
Reception##: 858935
02/03/2015 02:13:55 PM Jean A1berico
3 of 11 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
nature of the intended use and specific circumstances herein, a waiver is granted from requiring a
permanent On Site Wastewater Treatment System (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.
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 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.
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.
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 and No Jake Brake 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. AlI vehicles requiring oversize/overweight permits shall be obtained
from the Garfield County Road and Bridge Department.
8. 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 Community Development and Road and Bridge
Departments 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.
9. 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.
3
1111 1111iral11 gkiNeil, tr.:I !b'it ' 111,101t',41,1,111ih 11 III
Reception#: 858935
02/03/2015 02:13:55 PM Jean Alberico
4 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
10. The reclamation plan of the site shall include using hydro -seeding with hydro -mulching and
tackifier for all slopes greater than 5:1.
11. 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.
12. 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, light industrial to the south as shown in the Hankard Environmental report dated 11/05/14.
13. 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. PIace 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 using 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).
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 011 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.
4
1111 FSP.1f17,Et 'IIMPWh.Y1 f dl11111
Reception#: 858935
02/03f2015 02:13:55 PM Jean Alberico
5 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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 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 perniit 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
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, maintenance and repair operations shall be conducted within an enclosed
building or obscured by a fence, natural topography or landscaping; exceptions are allowed 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 which
constitutes a public nuisance or hazard. Other legal requirements for safety or air pollution
control measures shall be exempted from this provision.
18. The Garfield County Community Development Department shall he 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 include 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. All of the conditions of the Garfield County Land Use Change Permit and the State Division of
Reclamation, Mining and Safety are binding. The State Division of Reclamation, Mining and
5
®lll Ric/ l����N�'i1 ire i�i�,�kl�'� �f�4°��l���f ��kik,11111
Reception#: 858935
02/03/2015 02:13:55 PM Jean Alberico
6 of 11 Reo Fea:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Safety can withhold the reclamation bond if the final reclamation is not executed according to the
plans.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. The site shall have certified wildlife proof dumpsters.
27. The Applicant shall implement Best Management Practices to ensure air quality impacts are
minimized and meet CDPHE permit requirements.
28. 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;
B. 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,
D. The Applicant shall set up a series of progressive consequences for drivers that fail to comply
with the above conditions.
6
6F1I 1111.A '; filalill1TARYh 1111
Reception## : 858935
02/03/2015 02:13:55 PM Jean Alberico
7 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY Co
29. Aggregate extraction activities will not take place at both the Powers Pit and the Cerise Mine at the
same time.
30. 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.
31. 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 production 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;
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; and
c. 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.
Dated this day of /'e-- 4 , A.D. 20 /S—.
ATTEST:
41-2, �-� rr-)
Clerk •the Board
UNTY BOARD OF
SSIONERS, GARFIELD
O
Upon motion
following vote:
duly made and seconded the f•_—ge
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
STATE OF COLORADO )
)ss
County of Garfield
7
•111 NiEUIRMa Vivi. 1I 111
Reception #: 858935
02/03/2015 02:13:55 PM Jean Alberico
B of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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
1111 WIJIVAirdliK 147019f ie IWO) 11111
Receptionii: 858935
02/03/2015 02:13:55 PM Jean Alberico
9 of 11 Rec Fee:$0.00 Doc Fee:0 00 GAR=IELD COUNTY CO
Exhibit A: Legal Description located in Page 299 of Book 641 of the Clerks and Recorders Office:
Township 7 South, Range 88 West; 6th P.M.
PARCEL I -.CRYSTAL SPRING LOWER RANCH
Section' 25: Lots 4 and 12
section 26:- Lots'7, 8, 9 and 110
Excepting the following.described tracts of land, to�wit:
(1) A tract of.land conveyed -to David S. James by
deed dated November's, 1907, recorded -as Document No.
37532 in Book .79 at Page '95 of the Garfield County
records, containing 49007 acres, more or less.
(2) A tract of'.land conveyed to Anthony Pings.by
Deed dated February 3:, 1917 snd recorded as Document
No. 57960 in Book 100 at Page 606 of the Garflled
County records, containing 2.16 acres, more or less.
Together with•.a strip'of land.o,f sufficient width for•
pur.poses•of"constructing, laying and maintaining a'pipeline
2,500 feet long in,a gulch running northerly .from the above
described property, together with water rights. connected .
therewith, as..particularly described in a warranty deed from
David S_ ,Sanies to Samuel Geigel,'dated October 25, 1901 and
•recorded as Document No.'24367 in Book 45 at Page 198 of the
Garfield County records.
Together with any—and all ditch and water.rights belonging
to, used upon, -or in connection with the above described
.property_ . '
All of the above described property contains 110 acres, more
or less.
•PARCEL II -.CRYSTAL SPRING UPPER'RANCH
Section 24 : -Lot 2,, 5 -And 6
Except the following:described:tracts of land, to -wit:
(1): A tract of land 'si=tuated .in' Lot 2 of said
Section 24, more..par.ticularly described as beginning at•'
the"No,rth,Quar-ter•corner of said"Section 24 whence a
brass cap fouindin place•arid property marked.for the
Witness Corner-to'the North Quarter corner of said
Section -.24 bear's S. 8005604.5"-E.-32.52 feet; thence S.
..89°5:4!45" .895'4.'45"E'-1335..36 •feet' along"the Northerly boundary
line .of ,said.'Section 24 "to the- Northeast Corner of said
•hot "2; `thence S. 00.°53101". W. 493.44 feet along- the '
•Easterly.boundary.line of said Lot 2.; thence S. 84°20'49"
W..539.49 feet; thence S. 34°25'58" W. 733.99 feet;
thence No. 87°21'58" 'W.. 387-.26 feet to the centerline
of .said Section 24; thence N. 00°33'15" E. 1136.21 feet
along -the centerline of .said Section 24 to the point of
beginning, containing 24.58 acres more or less.
•
(2) Beginning at a point pn the.North line of Lot
;6 in said ,Section. 24 a distance of 145 feet East of the
9
�lll����F'�w����,4�4: E�`raLti`'}f�iP,1'���i�SV���'i� •I II{
Reception#: 858935
02/03/2015 02:13:55 PM Jean Rlberico
10 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Northwest corner of, said Lot 6, thence South 310 feet,
.;thence •East '25 feet; - thence North. 310, feet to the' North
pine of _said Lot - 6 ' and :thence: West 25 feet to the place
of `•beginning.`
(3) .'A tract ,of --land.' in Lot 6 of said Section 24
. • described ..as ` beginning.. at -a• ,point on , the north . line of.
said' Lot .6 a •distance - of • 170 : feet east -of the Northwest.
corner.of said Lot 6, thence South,310 feet., thence
.:East 80 feet, 'thence North 310. feet to the•'north•'line .
of Lot 6, thence West 80`feet, to the plebe'of beginning. •
• 'Together with:.an easement or right:of "way ten feet in:width.
• along.: the westerly boundary._ of that part':of Said Lot 2 above
described., for the. ins"tallation,,.maintenance and repair of a .
buried•water: pipeline: and an easement'.25. feet square •in the'
northeast ;corner o'f. the. 24..58 :acre tract:of land in said Lot-..
2•herein described; fore the purpose o£- installation,. maintenance•
and, repair of.-a'buried :water supply. tank. -
•
• Together.with'any and'all ditch and water rights belonging
to, used upon. or 'in connection with"the above described
property,,-including.but,not exclusively, an interest in the
C & M'Ditch, being.Ditch.No. 92,'with Priority No. 1281and
the C'& F Enlargement of the C & M.Ditch and Priority No.
218B. - -0
Together with: a grazing permit on the White•River National
Forest for 34 head of .cattle bp the Coal .Basin Allotment,
being 8,head of yearlings and 26 head of• cow"and calf and a
grazing permit on the White River National Forest for 101
:.head of cattle in the North Thompson Allotment, being 11
'.head of yearlings and 90 head of cow and calf. .
A11 of.the above described property contains 70.67 acres,
•Iliore or• less.
10
Reeeption#: 858935
02/03/2015 02:13:55 P8 Jean Rlberico
11 of 11 Rec Fee:$0 00 Doc Fee -0.00 GARFIELD COUNTY CO
Exhibit 13: Mining Phases for the Cerise Mine
11