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2.0 PC Staff Report 08.09.2017
Planning Commission — Public Hearing Exhibits North Bank Gravel Pit — GYPSUM RANCH CO LLC, JAMES SNYDER FAMILY PARTNERSHIP LLLP, SNYDER, JAMES FAMILY PARTNERSHIP II LLLP, and NORTH BANK HOLDING LLC Substantial Amendment to a Special Use Permit (File SUAA-06- 17-8560) Applicant is Oldcastle SW Group, Inc. August 9, 2017 Exhibit Number Exhibit Description 1 Public Hearing Notice Information Form ................. 2 Proof of Publication 3 Receipts from Mailing Notice 4 Photo evidence of Public Notice Posting 5 Garfield County Land Use and Development Code, as amended 6 Garfield County Comprehensive Plan of 2030 7 Application 8 Staff Report 9 Referral Comments from Mountain Cross Engineering, Inc. (Dated July 12, 2017) 10 Referral Comments from the Colorado Department of Public Health and Environment (Dated July 6, 2017) 11 Referral Comments from the Colorado Department of Transportation (Dated June 29, 2017) 12 Referral Comments from the Garfield County Road and Bridge Department (Dated June 29, 2017) Referral Comments from the City of Rifle (Dated June 29, 2017) 13 14 Referral Comments from Colorado River Fire Rescue (Dated July 19, 2017) 15 Referral Comments from Garfield County Public Health (Dated July 18, 2017) 16 17 18 19 20 PC 8-9-17 File No. SUAA-06-17-8560 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT — PROPERTY OWNER ASSESSOR'S PARCEL # PROPERTY SIZE LOCATION ACCESS EXISTING ZONING Substantial Amendment to Condition #4 memorialized in Resolution of Approval 2012- 67 for a Special Use Permit for Extraction, Processing, Storage and Material handling of Natural Resources known as the "North Bank Gravel Pit". GYPSUM RANCH CO LLC, JAMES SNYDER FAMILY PARTNERSHIP LLLP, SNYDER, JAMES FAMILY PARTNERSHIP 11 LLLP, and NORTH BANK HOLDING LLC (Oldcastle SW Group, Inc.) GYPSUM RANCH CO LLC, 188.718 acres), 217712400301 (Owner: JAMES SNYDER FAMILY PARTNERSHIP LLLP, 272.71 acres), 217713200300 (Owner: SNYDER, JAMES FAMILY PARTNERSHIP II LLLP, 27.92 acres), and 217712200515 (Owner: NORTH BANK HOLDING LLC, 216.05 acres) 705.398 acres (total area of 4 subject parcels) The property is located at 3495 346 COUNTY RD, RIFLE 81650. It is located 3 miles east of the City of Rifle with access onto the CDOT I- 70 Frontage Road. The facility is accessed by 1-70 Frontage Road. The property is zoned Rural I. BACKGROUND The Applicant has been approved with conditions for a Special Use Permit for Extraction, Storage, Processing, Material Handling of Natural Resources for a "Gravel Extraction Operation" known as the North Bank Gravel Pit approved by Resolution 2008-73 and extended by Resolution 2012-67. The subject parcels are located approximately 3 miles east of the City of Rifle with access onto the 1-70 Frontage Road. This approval is 1 memorialized by a Land Use Change Permit with Reception Number 750622 and 822435.The facility is operated by Oldcastle SW Group, Inc. and was formerly operated by LaFarge West Inc. The original Special Use Permit was issued in 2008. In 2012, the property owners obtained an extension to complete the gravel pit operations until 2022. This pit is to be used to supply aggregate materials for the Grand Avenue Bridge project. II. GENERAL APPLICATION DESCRIPTION The Applicant is requesting an amendment to one condition of approval in the Special Use Permit. The application was approved on May 12, 2008 and memorialized under Resolution 2008-73. The Special Use Permit was subsequently recorded on June 17, 2008. This approval was amended in 2012 under Resolution 2012-67 and a Permit recorded with Reception number 822436. The Applicant is requesting to amend one of the Conditions of Approval, specifically Condition #4. In accordance with Section 4- 106(A)(4), "Any requested change of a specific condition(s) as identified in a resolution adopted by the BOCC shall be considered a Substantial Modification." As a result, this request has been processed as a Substantial Modification and has required a new application for a Land Use Change Permit. This review and subsequent decision, however, only affect Condition #4 memorialized in Resolution 2012-67. The Applicant is requesting to amend Condition #4, related to hours of operation. This condition was included in the approval in 2008 as well as the amended Resolution in 2012. Section 7-1001(H) (Industrial Use, Hours of Operation) of the Land Use and Development Code of 2013 states: Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or as approved by the decision-making authority. Condition #4 of Resolution 2008-73 and Resolution 2012-67 states: The gravel pit hours of operation will be 7:00 a.m. to 8:00 p.m. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7:OOam to 6:OOpm allowing for administrative and maintenance activities to take place until 8:00 p.m. No operations shall take place on Sunday. Overburden/topsoil removal may only occur Monday through Friday between the hours of 8 a.m. and 5 p.m. The Applicant has provided the following explanation for the request to modify the hours of operation: On July 19, 2013 Oldcastle acquired the assets of Lafarge West, Inc. With the acquisition of Lafarge's assets Oldcastle assumed the lease for the Mamm Creek Gravel Pit. The leased pit is permitted by the Division of Reclamation, Mining and Safety and its permit number is M-2000-113. This site also has a State Air Permit (01GA0979F). We are in full compliance with both of these permits. 2 In 2008 Garfield County first approved a resolution permitting the Gravel Pit and the SUP was amended in 2012. A copy of both resolutions are attached. In 2015 CDOT awarded the Grand Ave Bridge Replacement project to Granite Construction. Granite Construction and its subcontractors are using Oldcastle to supply aggregate for this project. The project specifications require that the bridge replacement project keep the impact to the motoring public to a minimum. The project is scheduled to take a little over two years to complete. Because of the long duration of this project it is impossible to predict exactly when the aggregate is going to be needed on site and the site has limited storage for stockpiling material. Just recently, the GC notified us that the project required aggregate material be brought in at night for safety and project needs. Specifically, August through November (see truck count / material analysis). Currently the pit is permitted to operate Monday through Saturday from 7am to 8pm. Because of the reasons stated above we seek to amend the permit condition of approval #4 to allow the loading and delivery of aggregate material 24 hours per day and 7 days a week from August 2017 thru November 2017 at a minimum. Obviously we will not run this many hours or days but we need this for the flexibility to meet the project schedule. This request is project specific meaning we will only operate outside the current hours of operation for the Grand Ave Bridge Replacement Project. In 2016 a similar request was granted by Garfield County involving night time Ready Mix production at our Powers site located on Highway 82. A copy of the approved condition is included in this submittal. The aggregate needs for this time period (Aug -Nov) is for +/- 6,500 tons of material. Currently the pit's CDPHE Air Permit has a limit production limit of 8,500 tons per day so this request only involves less than 6% of our approved daily production (See attached truck count analysis). The Code allows the Board of County Commissioners the ability to alter the hours of operation Standard from Section 7-1001(H). In addition, the applicant has submitted the following request for a Waiver from this Standard: Per the requirements set forth in Section III. Submittal Requirements Item B. Oldcastle SW Group, Inc. dba United Companies requests a Waiver Request for Section 7-1001H regarding Hours and Days of Operations (currently Monday through Saturday 7am to 8pm) to allow the supply of aggregate material to the Grand Avenue Bridge project. CDOT specifications, scheduling & traffic safety program require that the aggregate material (United Companies) is made available 24 hours a day, 7 days a week for the specified period of August 2017 through November 2017 at a minimum. This waiver request is project specific to the Grand Avenue Bridge Project and will not apply to other projects not related to the 3 Grand Ave. Bridge project. The justification for this request is the pit will not exceed its daily production limits (see attached Exhibit A.9.a) and will not exceed fugitive dust emission's limits set forth in State permit # 01GA0979F (See attached Exhibit A.5.a). We feel this waiver imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. Adjacent property owners within 200 feet have been notified of this request as well as the Planning Commission and Board of County Commissioner's Public Hearings in accordance with the Code. The property was also posted for each Public Hearing and the Hearings were published in the newspaper. No public comments have been received as a result of this notification. While increased noise impacts outside normal business hours can be expected as a result of an approval of this request, due to the distance of the area surrounding the pit from surrounding properties, the noise impacts on adjacent property owners are expected to be minimized. The property owner will need to ensure that any operation is in compliance with all State and County noise standards as outlined in Section 7-1001(F) and 7-1002(C). Staff estimates that the nearest residence from the proposed loading area is approximately 4500 feet to the north. Aerial Map of Permitted Parcels Parcels Permitted for Gravel Extraction under Resolutions 2008-73 and 2012-67 4 Location Map II. LOCATION - SITE DESCRIPTION The parcel is currently developed as a gravel pit. The impacted area for loading is a heavily impacted area denuded of native vegetation. III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Planning Commission and Board of County Commissioner's public hearing. No public comments have been received at this time. Comments from referral agencies and County Departments are summarized below and attached as Exhibits. 1. Mountain Cross Engineering: (See Exhibit 9) • Chris Hale of Mountain Cross Engineering had the following comment on the application: "The Applicant proposes to open the gravel pit to 24 hour operation 5 for a limited time. Any increase in night time noise levels would be an impact that the Applicant should address." 2. Colorado Department of Public Health and Environment (CDPHE): (See Exhibit 12) ■ Kent Kuster of CDPHE noted the following comment on the application: "Mining activities that mine seventy thousand tons or fewer of product material per year are exempt from permitting requirements. A fugitive dust control plan is required for such source. Crushers, screens and other processing equipment activities are not included in this exemption. Air Pollutant Emission Notice applicability will be the usual standards." 3. Colorado Department of Transportation (CDOT): (See Exhibit 11) ■ Dan Roussin of CDOT noted that he did not have any comments on this application and that the access permit does allow for 24 hour operations. 4. Garfield Count Road and Bridge: (See Exhibit 12) • Dan Goin of Road and Bridge noted that he did not have any comments on this application. 5. City of Rifle: (Exhibit 13) ■ Nathan Lindquist of the City of Rifle indicated that the City has no comments on the application. 6. Colorado River Fire Rescue (Exhibit 14): • Orrin Moon of Colorado River Fire Rescue indicated that the District has no concerns or requirements for the proposed increase in hours of operation. 7. Garfield County Public Health (Exhibit 15): • Morgan Hill of Garfield County Public Health noted the following on this application: "Garfield County Public Health is in support of changing the allowable hours of operation for the North Bank Gravel Pit to allow the new Grand Avenue Bridge to be completed as soon as possible. However, we would ask that, when possible, the facility complete operations that produce the greatest disturbance (noise, dust, light, and odors) be limited to the traditional hours of operation outlined in the 2008 Special Use Permit. We understand that these are exceptional circumstances and that there will be a need to extend all operations during this construction project." The Application was also referred to the following agencies and departments, however, no comments were received: Garfield County Emergency Management, Garfield County Environmental Health, Mined Land and Reclamation Board, Colorado Parks and Wildlife, and Colorado River Fire Rescue. 6 IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided responses to the Submittal Requirements and applicable sections of Article 7, Divisions 1, 2, and 3, including Section 7-1001 Industrial Use Standards as requested. The Application materials were limited to those items necessary to review the proposed changes. 7-101: Zone District Regulations The proposed use, as permitted, demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article 3 standards for the Commercial General zone district. 7-102 Comprehensive Plan and Intergovernmental Agreement While there are no intergovernmental agreements that impact this site, the facility does lie within the City of Rifle 3 mile area of influence. As a result, the application was referred to the City of Rifle, who submitted a response indicating that the City has no comments on the application (Exhibit 13). The Comprehensive Plan 2030 designates the site as Medium High Density Residential. Below are descriptions of both of these designations. Residential Medium High Description LAND USE DESIGNATION Residential Medium High (RMH) DESCRIPTION Small farms, estates, and clustered residential subdivisions; density determined by degree of clustering and land preserved in open condition 0% open land =1 du per -6 acres 50% open land = 1 du per 4 acres 70% open land = 1 du per 2 acres COMPATIBLE ZONING Rural (R) Planned Unit Development (PUD) Density of residential uses: 1 du per 2 to <6 acres Example: 7 The gravel pit use has been determined to be in compliance with the Comprehensive Plan of 2030 as a part of prior approvals. The proposed amendment will not alter the use of the property and as a result, it is Staff's opinion that the use remains consistent with the Comprehensive Plan of 2030 with the proposed amendment. 7-103: Compatibility The proposed amendment to extend the hours of operation for loading and delivery to 24 hours per day, 7 days per week during the contract period for the Grand Avenue Bridge construction is expected to have increased impacts on adjacent property owners mainly through noise outside normal business hours. Adjacent property owners within 200 feet from the subject parcel were notified consistent with the requirements of the Code. No comments from the notification were received. In addition, the distance of the loading area from adjacent properties and adjacency to 1-70 will work to reduce and minimize the impacts from the extended hours of operation. To this end, while impacts are expected from the temporary extension to the hours of operation, it is Staff's opinion that the impacts are manageable. Staff does recommend that a condition of approval address the need for the operator to comply with State and County noise standards. Staff estimates that the nearest residence from the loading area that is proposed to operate 24 hours per day is approximately 4500 feet to the north. 7-104: Source of Water This Standard is not part of the Substantial satisfied as a part of the original approval. 7-105: Waste Water Systems This Standard is not part of the Substantial satisfied as a part of the original approval. 7-106: Public Utilities This Standard is not part of the Substantial satisfied as a part of the original approval. Amendment application and was deemed Amendment application and was deemed Amendment application and was deemed 7-107: Access & Roadways The application was referred to CDOT and the Garfield County Road and Bridge Department. Neither of these agencies had any comments or concerns with the extension of hours of operation for the Grand Avenue Bridge project. As access is directly onto the 1-70 Frontage Road, CDOT comments did indicate that the access permit allows for 24 hour operations at this site. The Applicant has provided the below truck traffic analysis which has been reviewed by the County contract engineer and the referral agencies. 8 2017 Bridge Project - Aggregate material needs August - November Tons Average Truck Round Trips per night Trips ;utilizing 5 Trucks a00 — 20 4 W 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 6500 260 52 Note: Daily demand le estimated based on the availability of stockpiling space onsite Truck analysis: The amount of trucks and truck trips will be sparse and spread out. The trucks will be on $-70 for 95% of their travel time. The night activity will have a very minor Impact on the current operations, in addition, the project will be in compliance with the site Air Permit will have a very minor impact with regards to Fugitive Dust Emissions and Noise because of the fact the production needs are going to be spread out over 4 months and are well within pre approved limits. 7-108: Natural Hazards This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-109: Fire Protection This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. This application was referred to Colorado River Fire Rescue, who indicated that they have no concerns or comments on this proposal (Exhibit 14). 7-201: Agricultural Lands This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-202: Wildlife Habitat Areas This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 9 7-203: Protection of Water Bodies This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-204: Drainage and Erosion (Stormwater) This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-205: Environmental Quality The Application was referred to Garfield County Public Health and CDPHE, Air Pollution Control Division (APCD) regarding the proposed amendment, however no comments were received. The applicant has provided the following regarding dust control. Overall, dust control will follow the original approval for the gravel pit operations. Dust Control: A water truck will be onsite to water the haul roads as needed. This is a condition of the site's Air Permit. Generally, this Standard was reviewed as part of the original approval and is not proposed to be altered. 7-206: Wildfire Hazards This application was referred to the Colorado River Fire Rescue who noted that they have no concerns or comments on the proposal (Exhibit 14). Generally, this Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-207: Natural and Geologic Hazards This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-208: Reclamation This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-301: Compatible Design Overall site design was reviewed as a part of the original application and is not proposed to be amended as a part of this amendment. While this request does increase the hours of operation to 24 hours per day, 7 days per week, the facility is still required to conform to State noise standards. Due to the location of the facility, and nature of the use, the facility is expected to continue to maintain compliance with State noise standards as required. Staff estimates that the nearest residence from the loading area that is proposed to operate 24 hours per day is approximately 4500 feet to the north. 10 7-302: Parking and Loading This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-303: Landscaping This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-304: Lighting This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. The Applicant has represented the following regarding lighting. Light Plan will consist of the following; 1) Loader & Trucks with have their headlights on during night operations 2) Site lighting will be in compliance with Garfield County's code (7.30.4 portable down cast lights less than 40' to minimize offsite fugitive lighting). 7-305: Snow Storage This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-306: Trails This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 7-1001 INDUSTRIAL USE STANDARDS The following summary addresses the applicable provisions. A. Residential Subdivisions This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. B. Setbacks This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. C. Concealing and Screening This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. D. Storing This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. 11 E. Industrial Wastes This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. F. Noise While this request does increase the hours of operation to 24 hours per day, 7 days per week, the facility is still required to conform to State noise standards. Due to the location of the facility, and nature of the use, the facility is expected to continue to maintain compliance with State noise standards as required. G. Ground Vibration This Standard is not part of the Substantial Amendment application and was deemed satisfied as a part of the original approval. H. Hours of Operation As noted previously in this report, the Applicant is requesting to amend Condition #4, related to hours of operation. This condition was included in the approval in 2008 as well as the amended Resolution in 2012. Section 7-1001(H) (Industrial Use, Hours of Operation) of the Land Use and Development Code of 2013 states: Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or as approved by the decision-making authority. Condition #4 of Resolution 2008-73 and Resolution 2012-67 states: The gravel pit hours of operation will be 7:00 a.m. to 8:00 p.m. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7:OOam to 6:OOpm allowing for administrative and maintenance activities to take place until 8:00 p.m. No operations shall take place on Sunday. Overburden/topsoil removal may only occur Monday through Friday between the hours of 8 a.m. and 5 p.m. The Applicant is requesting to alter this condition 4 in Resolution 2012-67 to allow a temporary increase in the hours of operation to 24 hours per day, 7 days per week for a period of approximately 4 months from August to November, 2017, at a minimum. The purpose for this increase is to accommodate a contract for the Grand Avenue Bridge project in Glenwood Springs. Per Section 7-1001, the "decision-making authority", in this case the Board of County Commissioners, has the ability to approve different hours of operation from those required. In addition, as is excerpted previously in this report, the Applicant has requested a waiver from this Standard in order to support the request for altered hours 12 of operation. Staff estimates that the nearest residence from the loading area that is proposed to operate 24 hours per day is approximately 4500 feet to the north. 1. Interference, Nuisance, or Hazard The proposed amendment to extend the hours of operation to 24 hours per day, 7 days per week during the contract period for the Grand Avenue Bridge construction is expected to have increased impacts on adjacent property owners. Adjacent property owners within 200 feet from the subject parcel were notified consistent with the requirements of the Code. No comments from the notification were received. In addition,, the location of the loading area (-4500 feet from the nearest residence) and adjacency to 1-70, will work to reduce and minimize the impacts from the extended hours of operation. To this end, while impacts are expected from the temporary extension to the hours of operation, it is Staff's opinion that the impacts are manageable. V. STAFF RECOMMENDATION As a result comments received through the public notification process as well as comments received from referral agencies for this request, Staff recommends approval of the requested amendment to the hours of operation as previously approved under Resolution 2012-67 and specifically condition 4. APPROVAL SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. The hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Substantial Amendment to Condition 4 in Resolution of Approval Number 2008-73 and 2012-67 for a Special Use Permit for the North Bank Gravel Pit is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 6. That a Waiver from Section 7-1001(H), Hours of Operation, of the Land Use 13 and Development Code of 2013, as amended, is accepted. Conditions of Approval 1. Condition number 4 memorialized in Resolution of Approval Number 2008-73 and 2012-67 for a Special Use Permit for the North Bank Gravel Pit shall be replaced as follows: The gravel pit hours of operation will be 7:00 a.m. to 8:00 p.m. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7:OOam to 6:OOpm allowing for administrative and maintenance activities to take place until 8:00 p.m. No operations shall take place on Sunday. Overburden/topsoil removal may only occur Monday through Friday between the hours of 8 a.m. and 5 p.m. Only during the operators contract period for the construction of the Grand Avenue Bridge project in Glenwood Springs, which is expected to occur in 2017, shall loading and deliver of aggregate be permitted to operate 24 hours per day, 7 days per week. This temporary extension of the hours of operation for loading and delivery shall last no later than the end of the operator's contract for the Grand Avenue Bridge project or December 31, 2017, whichever occurs first. All activity shall comply with the State and County noise standards. 14 EXHIBIT 1 Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. Public Notices for both the Planning Commission and the Board of County (( Commissioners hearings were included in the same certified mail envelope. f[, Mailed notice was completed on the fi] day of J 141/ , 2017 All owners of record within a 200 foot radius of the subject parcel were identified as f shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. L_ All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] On-site records search @) Clerk & Recorders Office by Julie Pratte of the !and. Studio, Inc. ▪ Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. Notice was published on the day of JIA I , 2017 ▪ Pase attach proof of publication in the Rifle Citizen Telegram. My application required Posting of Notice. Notice was posted on the day of _6L V .2017 Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Genevieve Blecha Signature: Date: J u1 y_ 11 , 2017 Ad #: 0000079283-01 Customer: UNITED COMPANIES, Your account number is: 1023553 PROOF OF PUBLICATION RIFLE CITIZEN TELEGRAM STATE OF COLORADO COUNTY OF GARFIELD I, Randy Essex, do solemnly swear that I am Publisher of the RIFLE CITIZEN TELEGRAM, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or 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 insertion; and that the first publication of said notice was in the issue of said newspaper dated 7/6/2017 and that the last publication of said notice was dated 7/6/2017 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 7/11/2017. ,g 4,4 Randy Essex, Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this day 7/11/2017. IQ('J,C-�R L, Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 aERILYtei M f ?I kornme PUEtLY VAT PC OO( RACO NOTARY frinit4/090 PUBLIC NOTICE "TAKE NOTICE that GYPSUM RANCH CO LLC; JAMES SNYDER FAMILY PARTNERSHIP LLLP; SNYDER, JAMES FAMILY PARTNERSHIP 11 LLI,P; and NORTH BANK 11OI,DI.NG IIose applied to I se Pluming Cunnnission, GarliQId Courtly., Slate of Colorado, t0 request approval for an Amendment ma previously approved Spacial Use Permit on a property situated ill the County of Garfield, State of Colorado; to -wit: t:cTlal Uhscriativa: R. 10 S add the SE 11 SE X and Lot S in Section 52, and the NW X NE i and tat l and Lha NE 34 NE S: of Ser ono 12, all in To -Nosing 65aoth, Range 97 Wes/ rat 11,0 fr�a P.NI. 0001'051 3 tract c tomcod SI the NE 5 NESS Section 13, Teen -hip 6 South, Range 93 Wet! of the 6P.M,, mora parlltv(ady described as follows: Couunencley at the 10 curet., of said Nf'111 NE ; Section 13, thence northerly along the fast line or said NEM NE 51 Seclloit 13 a distance if 600 feel; thence West a distance nt 222 feet; -":ence South a distance or WO lets enure or less Iodic South line of said NE X 'IL Se=n04 13, thence easterly got; the South tine of sold NE N NE, semi 33, a 201111ee of 225 10611110M or leis to the pond of beginning. (2(651 a4 Mat pianos or the folloswng described parcel 060416 tenths. ly of the. southerly right of way sloe et Interstate 70 which iglu of way tine Is the southerly boundary of the parcel described In 009E458 at Pages 266.69, Godly d Tamely Woords: Lot 5 end the 5C X 50 $ and Lot 6 In Seetian 12, and the NW X NE X and Lot 1 and 50 X (40 X of Section 13, ail In Tosvoship 6 South, flange 93 West, 6" 51,14-, EXCEPT that parcel d4ulbed In Book 468 at Papel 756-68, Garfield County records; and EXECPT aft that fxfion of said parcel conveyed to the Colorado Depart unlet of Nighty:; s and being the slant of way far 10ter5lale Highway No. 70 and rotated structures. TOoe nein with diol parcel i.1su Toed In Quit Claim deed worded at Reception ;.e. 732293 and that panel described in hook 1092 al Page 163, and more 5peNficaitydes<dbad as; parcel .110nd situate In Lof 5,1203€2012 and lot 1, the NW 31 NL X Section 13, all in Township 6 South, Renee 93 West of the8eh P,NS, mare perltculerly described os follows: 0egi0ning at a point an the northerly right-okway of Interstate 70 (frontage road) whence 105 Teat 51 earner of said Section 13 hears South 01' 21' Sii" East 2910.10 feat; thence the following four courses along sold right-of-way South 76' 33' (Whitest 319.84 fuel; thence South 77' 03' 30" West 294.20 feet; thence 1037,27 3501 along a salvo to the right, having a central angle of 10' 33' 25", a radius of 5129-00 feel of which the chord bearing is South 81' 33' 00" West 1031,80 feel; thence North 89' 57' 30" West 1751.53 led to point that Intersects the southerly meander line of l[ut Colorado Mee; thence the following seven COMICS along said meander line North 70' 30' U0" each 191,90 fest; thence North 30' 20' 00" East 644,16 lent; theme North 57° 12' 00" East 55.76 tees, thence North 44' 50' e0" East 254.76 feet; thenen North 65` 05' 00" East 211,70 feet; thence North 45.26' 00" East 17.0.22 feet; whence the North 0 corner of said Section 13 would bear North 89' 52' 17" 051 297.00 (065;1104o fonllnulog North 95' 26' W" East 397.00 (sol; thence Norte 62' 25'00" East 326.83 (004; (0(1,40113410( said meander tine South 00' 00'00" East 1174,86 feel to 1115 point of beginning. Said parcel of land contains 27.52 acres mpre or less. tot S and the 5E 51 SE G and lot 6 in Section 12, and the NW SINE A and lot 1 and the NE Y. NE 01 of Section 13, all in Township 6 South, Range 93 West of the 6P.M. EXCEPT a tract of land located in the NE lO NE A. Section 13, Township 6 South, Range 93 West of the 6i0 PAL, more par ticulerly described as follows: Commencing at the SE corner of said NE 54 NE 24 Section 13, thence northerly along the East Itne of .said NE Y. NE Section 13 a distance of 600 feel; thence West a distance of 725 feel; thence South a distance 01600 feel snore al less to the south line of said NE Y NE'''4 Section 13; thence easterly along the South line of said NE y, NE, Section 13, 2 distance of 225 feel more or less to the Point of beginning, EXCEPT all that portion of the following described parcel situate southerly of the southorlyright of way line or Interstate 70 which right of way line is the southerly boundary of the parcel described in Book 469 at Pages 256-68, Gat kid County records: tot 5 and the 5E Y SE Y and Lot 6 in Section 12, and the NW M NE 36 and Lot 1 and NE Y NE Y of Section 13, all in Township 6 South, Range 93 West, 5'6 51,54„ EXCEPT that parcel des<t"-"din MO469 al Pages 266-68, Garlleld County records; and EXCEPT all that portion of said parcel conveyed to the Colorado Oeparlmenl of Highways and being the right of way for Interstate Highway No. 70 and related structures. 700E. HER with that parcel desc abed in Quit Claim deed recorded at Reception No. 732593 and that parcel dost: i,ed in Oct.!. 1092 at Pt (6 168, 20 more specifically described as a parcel of land situate in I, i 5, Section 12 and Lod 1, the NW X NE l Sectlr n 13, all in Township 6 South, flange 93 West of the6lh P.M. more particularly described as Ia80sys: Beginit)ng ata point on the northerly right-of-way of interstate 70 (frontage road) whence the East )1 corner of said section 13 bears South 51' 25' 58" Fast 2010.10 feat; thence the following four courses along said right-of-way South 76' 33' 00" West 31084 feet; thence South 77° 03'30" West 294.70 feet; thence 1037.27 feet along a curve (*the right, loving a central angle of 30' 33' 25", a radius of 5629,60Ie01 of which the <herd hearing is South 83' 33' 00" West 1035.80 feel; thence North 89' 57'30' West 175,53 feet to a point that Intersects the seuitt r)y meander line of the Colorado River; thence the following sown courses along said meander sloe North 70' 30' DO" 0051 291.98 feet; thence North 30' 20' 00" East 64116 feet; thence North 57° 12' ow East 95.70 feet, thence North 44' 50'00" East 254.76 feet; thence Notth 6S' 05' Or Cast 211.20 feet; thence North 45' 26' 00" East 120.17 feet; whence the North Yr corner of said Section 13 would hear North 89' 52' 17" Eat 297.00 feet; thence. continuing North 45' 26' 00" East 797.00 feet; thence North 02' 15, 0" East 326.03 feel; thence leaving said meander line South WOO' 00" East 1174 85 feet to the point of beginning, Said parcel of land contains 27.92 acres rppre or less. PARCEL 217714100121 lying end being in Mc Comity of Gal lteid and State of Colorado described ns follows: All Ilial polioil of the following described Ionic lying to the North of the cooter oldie median strip of Colorado Highway 1.70: Su ajg6Sermh. htnne93 weaoft}IL 0". 15.53. Scetio! 14: NWr4 50019, 5E/4 NW/4, SW/4 NEM, and Lets 2, 3, and L-Yt':131'1' for ilio following pan ion of 14011 6/110100050 conveyed' 'flan pan of lin ('1 874 29114 of Srclfpn 14 de/a16011 el follows: Beginning at 118 VAC 11.6 said 24ly24 0W9 m'S'aclon 10, Menet North 40` O6' 00(1.10019 the West !Inc of nokI Seelkut 514, w dblant'e of 451 feet, 111 0Nath 85' 30' 0441 8,60540',3 of 1,301 root roast ID1t lire arrest 710524 W/4 of Semon 14. nonce South Or 06' Wil 01on9 said East tins a distenie of 555 reef W Ow SRC of mid HWM $Wal of gecslwn i4, dlarsielyesl dont 104 south Iinc afraid MVH 00014.CSrcliun 14,0 • s sec 0(1,320 Teel dings -et of6:gt: trig. 3osnshfn $Spllth. Ilao0C 93 S'est offbe ±J,f11r Thxe purl us 081110€5 of the felrowinn dus5lbe03 Iran or parcels of Ia,ld luerte11 in iba#PJ4 ofSraid1111 and in oho 21/1 of Section 14, Oslo ied 10 f4llowa: I3c61nniog of Ilio ms.ndcr caner an Ilse `rat line of Swore 14; dlertee Nadi, 66' 10' West 693.0 fie€; ilaesi0051015 79' 10' Weiss 448.5 rest; thence South al' 00' West 264.0 fret; Ikon: North 80° 13' West 1102,2 feel; Helier North 77" 30' West 23i..0 reel; thence West tree feel: S13(080 strut 60° 30' West 698.0 fete; thence South 21' 30' 03ea3 897.6 Teel; themes 1Mu11 OW 30' Weal 13030 Ikon; !hewwo $0rub 72' W. 0441 113.1 km: t6krtl' /loth 1204.091+4(3500.0800 bdorh /Ir 0S' 8`01165030 hes; lhaxe Horth 60.40. rod 330.0 hen. lamer North 79' 13' Ent 330.0 feel; O4n+ 550,115 38. 30' $us1 •100.0 ha; 11 'oto Kra 77" OS' Rau 3200 tore Ihoost nom "' 20' 800 1004 "i Ihsl Nc141 W 11' F.sn 700.0 tier Ihenca Howl, 45' Sr 8114 50003 (eon ;hence. Noah 26' 20' Olaf 1500 he8 ammo Noah 79' 00' lion 163.0 f&µ 1115,00 With 47' 49' DA! icon rear; ova.; 100111 3a• 55' Elul 100.0 fed: then soot; 87° (19° Stasi 4400 feel; Simi: • with 2437.74 feel to the paint of beginning. PARCE:_217712200515 PARCEL. 2: Loi 2, ,'teL'liot112, Township 6 South, Rtuigc 93 Wosi Of 1114 6° Princi501 Meridian, COUNTY OF (IAMBI 17 STATE' 017 C1:11.ORACO, 1 J'rttetic34 Description. 3495 346 COI iN'1'Y RD. RIFLER 1650, 3 miler east of the COY of Rifle fife properlics are also Liiown by Asselsarlr'a Parcel Nos. 217714100321 (Owner: GYPS s M RANCH CO 1.LC, 189.715 acres), 217712400301 (Owner: ]AMPS SNYOI:R FAMILY PARTNERSHIP LLLI', 272.71 acre), 217711200300 (Owner. SNYDI3R, JAMES FAMILY PARTNERSHIP 11 LLLP, 27.92 acres), and 217712200515 (Owner:l4(11RTH1 BANK HOLDING LLC, 2163.05 acres). Pmiect Descripojon; The Applics nl seeks to amend the approvals granted by the Board of County Commissioner fora (navel Pit nppruved by Resolution 2003-73 sad extended by Resolulittn 11012- 67. Specilieelly, the Applicant is seeking lo *[Head Condition of Approval 94 that provides that the facility operate only Monday through Saturday between 7.00 0.731. 011551 8.00 p.rn. The requev7 is to allow ror loading and delivery of aggregate material 24 hours per day, 7 days per Wed. from August 2017 through November 2017 in order to ueclslnlnodlite a 550114r8ct with CDOT for the Grand Avanue Brisigt: Project in (:I1lnwnlld Springs. 'lite request is to only extend the hours Ot op+:rrlion for the dotal loll of the CDOT/Grand Avenue Bridge Project contract. The use is located on 4 parcels 101315ng 705,398 acres, The Property is zoned Rural. All persons oflerdest by the proposed plan ore invited to apperlr and slab their views, protest or support_ if you car riot appear person.] y at se :11 caring, then you are urged to State your views by letter, as the Y:annitlg Commission will give consideration to the emu -nerds of surrounding property nwr3rs. and viltcva affected,, in deciding whether to remount -11d that the Board of County Connnisinners grant or deny the request. The application may be reviewed at [be office of thc. Pla.'uning. Department :cleatest et 108 81h Street, Suitt 401, Garr' '.I.1 C'r .,pits' P1R72 l .(1518.,,. Glenwood Springs. C'.ulomdr b isvecn the hours of $:3(1 a.m. and 5:081 p,10., Monday through Friday. Alternatively, tate application can be viewed at 11HIf:'/relxrrts,garflald- g1uo1... 11f4VebL e . "tt s rarely ?S ore'11N1one;•Buildiagnetel,3mentsearch (Search for File No. SL(AA-06-17-8560)- A nubile hearing an the applicatin a has been scheduled for Wednesday, August 910 at €8:09 P.M. in tlx: County Coln miss' iners! ileetiltgRoorn, Garfield County Administration Building, 108 8051 Street, Glenwoc 1 Springs, Colorado. Published in the Rifle Citizen Telegram on July 6, 2017 Ad #: 0000079292-01 Customer: UNITED COMPANIES, Your account number is: 1023553 PROOF OF PUBLICATION RIFLE CITIZEN TELEGRAM STATE OF COLORADO COUNTY OF GARFIELD I, Randy Essex, do solemnly swear that I am Publisher of the RIFLE CITIZEN TELEGRAM, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or 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 insertion; and that the first publication of said notice was in the issue of said newspaper dated 7/6/2017 and that the last publication of said notice was dated 7/6/2017 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 7/11/2017. Randy Essex, Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this day 7/11/2017. 6t)-' OlitQat Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 L.1E LYNN MED11 A Novi V PUMA: STATE C ....AVM) 1 ( A 0 N#R'Y?G2d164Q74M Arti.,'04 SSlLW=xgS[GSAL+GiIti r.28L PUBLIC NOTICE TAKE NOTICE that GYPSUM R.ANCH CO LLC; JAMES SN YDER FAMILY PARTNERS/ BP I.,LLP; SNYDER, JAMES FAMILY PARTNERSHIP fI LLLP; and NOR''11 BANK HOLDING LLC, have applied to the Board of County Co,.1mi',:;ionui3, Om field Coin.ty, State of Colorado, to request approval for hi Amendment to a previously approved Special Use Permit cin a property situated in the County of Garfield, State of Colorado; to -wit: i,custl I7egclinfsnn' PARCEL 217713200300 tot 5 and ehc 51 Sc SL 11 and lot Se lion; 12, and the NW Y NE X and Int 1 and Cho NE Y, NE 1 of Ser tion 13,011 01 TOvensh30 6 Sau6lt03nee 93 was10l the 6'L p.1i1 4X09 Via t'oo el lend looted In the Nt Y. NE 71 Etat ion 13, Township 6 Souris, 03186 93 wee. of the 6'a P.M , more pudluhrly described at fotbwr- Commenting el dm. 50 (011,0t of said airs or N Seslen 13,ihenm nodes riy atone the East linen: said Of 11 NE S4pWi 3a 11 ONince of 6110 foot thence two n dlrtante of 125 feel' thencr5*uIIi a distance 01100 fell ream <0 .— to 161Scan. ..... ,.,..»i Nig tit3wcdcn 13; 1bent, :a:101:9x1114 the sea sue :` said NE •' NE, canon 13, a dhtl0l a 11725 tee( mote ar less to the nein( of beginning. EXCEE r a6 lhal poi Lion of the fallawlne described palet siluale southerly "i I he southerly tight of sway line of 101061410 70 W hklr right of way llne is the soot Ieeyhadn de Pi of the par cel demlbed in Book 468 11 1801 10661), Garfield County records: Lot 5 and the 5E 44 5914 and Lot 6 in. 5e0tinn 12, and I he NW 16 NE S: and Lot 1 and NE 1 NE 31 ai Section 13, ail in Township 6 South, flange 93 West, 6"' P.M., EXCEPT that parcel described In Ileac 468 at Pages 26668, Garllelo CoL01y <04063, and EXCEPT all That portion of said pared conveyed to the Colorado OepastmOnr of Highways and heir,; the nen ol s*ryim k11 0,e141e IOehsv034 No. YO and related srructwe a. TQOETHER with 171001916141311034,. Gull Clete, deed recorded at Reneption 1,10. 727501 and that parcel desplbed t* lurk 1007 aeeage 163, aid mora 04d11124y de11t3be16 res a p rrc8l of land 1ua1te In Lot 5, Section 12 and 101 1,11 ie NW Y NE Y. Section 13, ail in remold', 4 S0011, Range 93 West of ihe6lh P.M. more particularly described as loltows: aeekolttie at a room on the ne.rlheely right-obw.r of mIO0W16 7e Uranium road/ wire rice11.00 tiniH corner ofsoW&ration13hears South 51'2S'5e'Ease2010.1.0cel;thence the foilovaro four courses along said tl;pR•o1•way South 76' 33'00" West 310.04 fool; sloncc 56vth 7203' 30" West 783 Al fact theme 1037.27 feet .long a p1n161* 1110 right, going 4 camel angle of to' 33' 75',1 roans o3 1625.69 feel of which the Chord bearing is South 83' 33' 00' West 1035.80 feel; thence Norlti 89' 57'3V Weat 173 61 feet la a polnl that 0116956911/0e *891h64lr snesndnr IlnC of 1.110010/000 gloms 1f14lle611181011VNFng seven courses ekt4 said meander line 14001.4170' 3o' tat Eon 241-96 teen thence. North 30. 10' C13 East 64.446 feet; thence North 57' 12' o0" East 95.10 fall thence North 44' 50'00' gas1754.76 kat: thence Nor dr65.05' 00' East 211.20 feet; thence N0, th 45' 26`x0' East 120,12 feet; whence the North x Lorne? of .said Section 13 would bear Nor iii 89° 32' 17' rat '297.00 feet; 114001.0 continuing North 45' 26' 00" East 207.00 feet; thence 001111 62' 16'00" 6011 326,83 feet; thence leaving sant meander One South 08' 06 00" East 1174.66 feet to the paid of beginning. Said parcel of land contains 27,92 antes more or less. PARCEL 217712400301 Lot 5 and the SE 3. SE Y. and 101 6 M Section 12, and the NW Y. NE l and lot .1 and the NE 13 NE L of section 13, all In Township 6 South, Range 93 West of the 6'" P.M. EXCEPT a tract of lend located 3n the NE Y: NE7, Section 13, Township 6 Soudl, Range 93 West of the 6hs P.M., more particularly described as (allows; Commencing at the SE corner of said NE 1 NE Y Section 13, thence northerly along the East line of saki NE 34 NE 7 Section 13 a distance of 600 Net; theme West a distance of 225 feet; Ihenre South a distance of 600 feel more of less to the Sonth litre of said HE Y NE X Section 13; thence easterly along the South lime of said NE Y. NE, Section 13, a d3stance of 225 feet more or fess to the point of beginning. EXCEPT all that portion of the following described parcel situate southetly of the southerly right of way line of Interstate 70 which right of way line Is the southerly boundary of the parcel described in Book 468 at Pages 266-08, Garfield County records; Lot 5 and the 59 Y. 5E 3 and Lot 6 in Section 12, and the NW Y. NE t and Lot 1 and NE Y. NE 4 of Section 13, all in 'township 6 South, Range 93 West, 6"'i P.M., EXCEPT that parcel desuib . • 1 Book 467 at Pages 21' :8, Garfield County records; and ad that portion of said parcel conveyed to the Colorado !department of Highways and being the right of way for Interstate Highway No, 70 and related structures. 10131THER with that parcel described In QuIl Claim deed recorded at Reception No. 732593 and that parcel described in Book 1092 at Page 163, and more specifically described as a parcel at land situate in Lot 5, Section 12 and lot 1, the NW ;4 NE Y. Section 13, all in Township 6 South, Range 97 West of the0t11 P.M. !sore particularly described as follows: Beginning al a point on the northerly right-of-way of Interstate 70 (frontage road) whence the East Y corner of said Section 13 beats South 51° 75' 58" East 2310.10 feet; thence the tapering four courses along said dot -of -way South 76' 33' 00" West 313.84 feet; thence South 77' 03' 30' West 294.70 feet; Menet 1037.27 feel along a curve 10 the right, having a central angle of 10' 33' 25", a radius of 5679.60 feet of which the chord hearing Is South 83" 33' 00" Welt 1035.80 (eel; thence North 89° 57 30" West 175.53 feet to a point that Intersects the southerly meander llrte of the Colorado lliver; thence the following Seven courses along said oleander line North 70' 30' 00" East 291.98 feel; thence North 30' 20' 00" East 644.16 Net; (hence North 57" 12' 00" East 95.70 feet, thence North 44' S0'00" East 254.76 feet; thence North 65'05' 00" East 211.70 feel; thence Olorth 45' 26' 00" East 12.1.12 feet; whence the North Y corner of said Section 13 would bear North 69" 52' 17°01 297.40 feel; thence continuing North 45' 26' 00'6016237.00 feet; thence North 62' 15' 00" East 326.63 feet; thence leayln8 sold meander line South 0E00' 00" East 1174.86 feet to the point of beginning, said parcel of land gent/dos 27.92 acres more or less. PARCEL 217714100121 lying and being in the County 0f 6mlie31 and Sono erColorado described as follows: All Elm(' n411640.1110 fallowing de:untied lands lying fu the North 0(1116 center of Ilia median sola ol'Colorado lligbway I-70: "Avelino S9ylh R41w193 Wo11Slf3ht(ta-l'.•J1:r. Section 14; 14W/4SW/4,STA NW/4,0W/4NPJ4, and Lots 1, 3,aud4 EXCEPT 90111* followfn8 portion or Iamb IxiotOftrc conveyed; T1061pari or1ltc 741214 5920 olStoiloo 14 doer31xd Its %Rowe: 1303119111137 AI the 41YOC or mid 14W/4 S WPI of Stollen 14, Ihm= NINA d0° 06' East 440116 Shp Wn4 1149* of arid Sod tan 14, a dfflaaee of 451 feel, theme'IOHts 85.30' Eau o dilnnee or 1,324 feel In lily ten Looe 4f raid 1412/4 0W(4 of Section 14, It1aa¢ 80111 g0' 06' Wm( (10469 acid 8** line a d&d1u's or 3.55 feel to 1116 SEC of 611313 NIVI4 51914 of Section 14, thane Weal clang 1100 South Hao nrsaid HIW4 SW74 of Secliun 14, a distance of 3,370 feet co the poi it r. rlseglnn111g. T6 earlio 6 SOt111102301er9.3 Wan cdala Ill, That port ne 3761301 of Ila; following des:I lied leas or earrets or lend located in rile Tdy4 of9ectI n 11 and in lc H/1 of Section 14,dcaddbrd ea follows: ]3cgitsnlaE N r'• • Moulder ct ter nn the 0001 40c or 9001101 14; 1116100 Moll t0' Watt 4?3.0 hN; Mane North 79° 10' Weal 448.8 (btl; thence South 81.00' Weal 264.0 ke; Mimeo Nonh 81N 15' Wert 11022 Tech Atom North 77' 30' West 731.0 Eat; theme Wtsi 13004 0.tl; Moat Soinh 60.30' West 198.0 rec111318068 60916 2g• 30' West PM real tog* South 40' 30' Wca 370.0 fool; ILcnco Zones 72" 10' Wort 446.4 Ever, ih6nee Nonh 1200,0 fess; thence Nonh 76'' S' lieu 61).0 fest; Ol,,im 'dnh69" 40' Eau 530.0 rect:lhcnce Narlh 29' • 2' fou 750.0 foci; Om. 14oclh 88' 315' Ear 600.0 Net; Theism North 72. 94' am 20041 feel; Ilwece North 40'23' 362.1 108.0 fear; drama North 55. 35' Roll 7000 AO; thence Horth 45' S3' Ea0 611011 Stet; Hoare North 36' 70' am 400,0 rtxl; slier*, North 79' 00' Gen 462.0 Ad: 11161198 Nardi 47' 15' ted 300.0 9ef; thence °,Oath 56" SS' lest 300.0 feet 111811111 Snob 87' 119' Fats 040.0 kat. tbenee South 2437.04 fed 10 11 4 point of beginning. PARCEL 217712200515 PARCEL 2: 1.11 2, Sect€0112, Township 6 South, Range 93 West of the 6'i' Principal Meridian, COUNTY OF GARFIELD STATE OP COLORADO. 1 1 JnractiOld J]3gatition: 3495 346 COUNTY RD, RIFLE 81650, 3 miles east of the City of Rifle. The properties are also kiloton by Assessor's Parcel Nos. 217714100121 (Owner: GYPSUM RANCH CO LLC, 188.718 acres), 217712400301 (Owner: JAMES SNYDER FAMILY PARTNERSHIP LLLP; 272.71 acres), 217713200300 (Owner: SNYDER, JAMES FAMILY PARTNERSHIP 11 L1.LP, 27.92 acres), and 217712200515 (Owner: NORTH BANK 1IOI,DiNG LLC, 216.05 Items). ?rani( DCs6IintiLlt4The Applicant seeks to amend the approvals granted by the Board of County Corn r1) issioner for a Gravel Pit approved by Resolution 2008-73 and extended by Resolution 2012- 67. Specifically, the Applicant is seeking to amend Condition of Approval 714 that provides that the facility operate only Monday through Saturday between 7.00 a.m. and 8.00 p.m. The request is to allow for loading and delivery of aplp'egate material 24 hours per day, 7 days per week from August 2017 through November 2017 in order lo accommodate a contract with DOT for the Grand Avenue Bridge Pi Dice( in Glenwood Springs. The request is to only extend the hours of operation for the duration of the CHOP/Grand Avenue Bridge Project contract. The use is located o0 4 parcels totaling 705.398 acres. The Property is zoned Rtaal. All persons affected by the proposed plan are invited to appear and state their views, molest or support. 11' you Can not appear personally at such hearing, then you arc urged (O state your views by letter, as the Planning Conunission will give consideration to the a mnsttts of surrounding properly owners, and Mlle s a.Te-'ed, id deciding whether to teen:mne/id t:.st the Bc.ard of County Commissioners pant or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, C'arfield County Plaza Building, Glenwood Springs, Colorado helween the hours of 8:30 a.m. and 5:00 p.m.; Monday ',trough Friday. Alternatively, the appiicaiion min be viewed at JdIrptfreeards.ga eld- cc>untY.cOm1'\Lrebl ink/C0153OmSeorcll.ua235.S1 h.Natne—Bu1141n(tticintlentSnan31 (Search for File No. SUAA-06-17-8 560). A public hearing on the application hag been scheduled for Monday, August 14'5891:00 CM, in the County Counuissioncis Meeting Room, Garfield County Administration Building, 108 3461; Street, Glenwood Springs, Colorado. Published in the Rifle Citizen Telegram on July 6, 2017 m rU O P- 0000 9895 ✓ -1 111 O U.S. Postai Service'°' CERTIFIED MAIL' RECEIPT Domestic Mail Only For delivery infgrmalion, visit our website at WVitv.usps-Copr. f I . [ I Certified Mail Fee /3.35 [xtro Services & fes rctwrk two, rrdd fee *mon Receipt (hardcopy) $ F ❑ Rorure Receipt (electronic) $ ❑ Certified Mall Restricted Delivery $ ❑Adult Signature Required $ 11501 08. _.i=I+4 a`�! Postmark - $0.00' r F Here $0.00 { ❑ Adult Signature Restricted Delivery $ Postage $0.70 Total Postage and est 80 Sent Ta 07/06/.208..' ,LIR F,4IVPILY PARNE W. —J. -3495 COUNTY ROAD 346 CV Stale, SILT, CO 81652 CEP triz- jF:Y17wtribpwi rqv- .t.ff':faY.,z:11171iP-Il[ ! [ E U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For deiively irttorination, visit our website at wwyi,Dsps.CQ . tai .7t INGO,- CO ;81602 Certified Mall Fee $3.35 s Lxt 8 Services & Fees (Choi, box, mid !co gg►�p fo) „aa Receipt (hardcopy) $ 1 F IIIrJJJy111„ . ❑ Return Receipt (electronic) $ ___ 10ry.x..r0y0._._ ❑ Cert lied Mall Restricted Delivery $ _30.,0. ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Poatage 3 $0.70 Total Postage and Vs 81-1 $ jG Snirt Tt ■ Sireaia�G—P 0 BOX 1533 wry §tato GLENWOOD SPRINGS, CO 81602 PS Form: Postmark Here . u � c0 m IL r` - tri Er I, 7015 1520 0000 U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our webs Ito at wst'I'.usps.cnitr'-. ,: Certified Mall Fee $3.35 01501 Extra Services & Fees kbach km, add foe > recto Qk/ -t- i is 0$ Pr -Return Receipt (hardcopy) $ • 6h {' ❑ Return Receipt (electronic) $ ❑ Certified Mall Restricted Delivery $ ❑ Adult Signature Required $ ©Aduh Signature Restricted Delivery $ Postage Total Fostaga end Fits." $0.70 Posireark Here c.; 07/0/2017 Sena To . ws 8656f e66A-pr-28580 HIGHWAY 6 iry'Siaio; ill RIFLE, CO 81650 PS Form 380 r, of he for instructions 7015 1520 0000 7015 1520 0000 U.S. Postal Service' CERTIFIED MAIL®. Domestic Mail Only rii- livery intornlat(Dn, vlsi our -4. .2 EXHIBIT Corlitiedhln31Fba $3.35 12.75 Extra Snivicee & Fees (check box, nddtre•{rcp(`+p ire) PRetum Receipt (hardcopy) $ {�r {JI,� ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery $ f0.00 ❑ Adult Signature Required $`-$0100.Y °Adutt Signature Restricted Delivery $ $=!1: Postage 'Total Postage and F(g `80 $0.711 Sen! To AMTL? rroeran-2495 COUNTY ROAD 346 City, Stat SILT, CO 81652 PS Form .< : r r, •Aril [ r r -,i rJ 7o3 r t .S. 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B .10111111./ • —P 0 BOX 3609 GRAND JUNCTION CO 81502 P-6 !Viliti.e/60 /0.r ine.3trucitons 0— u1 er co 0- $ ■{� E A•°r ceSE aes ioheck box, add fee ita WS+e) ® QeNm Receipt (hardcopy) $ V tau 17 0 Return Receipt (electronic) $ 0 Certified Mall Restricted Delivery $�y �y{y—+- O DAduil Signature Required $..--‘y-rttes�— 0 Adult Signature Restricted Delivery $ F'oaInge $0.70 Total Postage and Lr') r1 U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at wwW.LiSPS om• . "4{w r'1. 0's. _ 'I Certified Mold Feu $3.35 1`- itso I 0 501 08 of. ricE • �4{rPostelitlf Here if • - FI 1t" s Sorry Th 3Frema"_2311. MEADOWLARK LANE bfy, stat GLENWOOD SPRINGS, CO 81601 IPS F-orm. strutllvlts i NOTICE NQTICE T&KE NOTICE Old C.SI & Nw f'i Nroo r1 .. r.. OM: i�1..Cw•*t•1 /•M y.r....r. it.. G�.._P►sy� .wr."-Je r4.. ha+.rI 400•116.1 •L•"4_tr .a..r 4.•1wc. 3.•0+.30 -►;erg . to M 1r% 6 - t .e... •.d 0 000 ,.,pI a .=r,.- b Ctvrti .ti01/.YJ "et -0.14 Rate Slew Awt.sr e1, LG/ 7 r 4: 00 Pef a... +.+.......11344 ....,. •L[Y_ 8.1.404w0 M :.s..r :awl Ca0.0" AM' aihk OW— •437!'.TLr•It1L. a %..r 4,01 TAKE NOTICE w .r1..4'p w.. 3014.01 a.F _Ce.n 4 C.rr'.41ra•.'s ; 1S arir~~t_iii.. AM_ Q.+rati,e./ ..'ter*>s a°- [4e Pr.,. A_ is .io►+s►e ris.A....trr — ag►.‘–1.6. L.'...lile d .».# i► re.. ..rfr..r .•• r.w ..�+Nwbn = ih airy. [.+r+s.. er. .irk"- (5/, eon' _/Ice Pk/ epl rams• .r A P L 2017 10. JASON AurtKt r ++ .. Os...r.. y..wr. CO 111441 Vey 8416.111.1"ai C..1.4110 Irk• `a .4:rs: July 12, 2017 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design EXHIBIT RE: Hours of Operation Amendment for the North Bank Gravel Pit: SUAA-06-17-8560 Dear David: This office has performed a review of the documents provided for the North Bank Gravel Pit application to amend the hours of operation. The submittal was found to be thorough and well organized. The review generated the following comment: • The Applicant proposes to open the gravel pit to 24 hour operation for a limited time. Any increase in night time noise levels would be an impact that the Applicant should address. Feel free to call if you have any questions or comments. Sincerely, Mountai Cross Engineer ng, ///JJJJJJInc. Chris Hale, PE 826% Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com David Pesnichak From: Kuster - CDPHE, Kent <kent.kuster@state.co.us> Sent: Thursday, July 06, 2017 9:18 AM To: David Pesnichak Subject: SUAA-06-17-8560 July 7, 2017 David Pesnichak, Staff Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Permit No. SUAA-06-17-8560 Dear Mr. Pesnichak, EXHIBIT 1 /o The Colorado Department of Public Health and Environment has the following comment from the Air Pollution Control Division on the application to amend the hours of operation for the North Bank Gravel Pit. "Mining activities that mine seventy thousand tons or fewer of product material per year are exempt from permitting requirements. A fugitive dust control plan is required for such source. Crushers, screens and other processing equipment activities are not included in this exemption. Air Pollutant Emission Notice applicability will be the usual standards." Please contact Chip Hancock, construction Permit Unit supervisor at 303-692-3168 with any questions regarding permit requirements. Exemption from permitting requirements can be found in Air Pollution Control Commission Regulation 3 Part B https: //www.colorado.Rov/pacific/sites/deflault/files/5-CCR-1001-5 pdf Sincerely, 1 Kent Kuster Environmental Specialist Colorado Department of Public Health and Environment Kent Kuster Environmental Protection Specialist Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 303-692-3662 1 kent.kuster@state.co.us 2 David Pesnichak From: Roussin - CDOT, Daniel <daniel.roussin@state.co.us> Sent: Thursday, June 29, 2017 9:02 AM To: David Pesnichak Subject: Re: North Bank Gravel Pit - Hours of Op Amendment - Referral EXHIBIT 2 !/ David - I have no comments on the proposed temporary operation hours. The access permit allows for this. Thanks for keeping me informed. Dan Dan Roussin Permit Unit Manager Traffic and Safety 0 P 970.683.6284 I F 970.683.6290 222 South 6th Street, Room 100, Grand Junction, CO 81501 daniel roussinCstate.co.us 1 www.codot.gov/1 www.cotrip.or� 1 On Wed, Jun 28, 2017 at 4:07 PM, David Pesnichak <dpesnichak g,garfield-county.com> wrote: Hello, The Garfield County Community Development Department has received an application to amend the approved hours of operation for the North Bank Gravel Pit located approximately 3 miles east of the City of Rifle with access onto the CDOT frontage road and I-70. The Applicant seeks to amend the approvals granted by the Board of County Commissioner for a Gravel Pit approved by Resolution 2008-73 and extended by Resolution 2012-67. Specifically, the Applicant is seeking to amend Condition of Approval #4 that provides that the facility operate only Monday through Saturday between 7.00 a.m. and 8.00 p.m. The request is to allow for loading and delivery of aggregate material 24 hours per day, 7 days per week from August 2017 through November 2017 in order to accommodate a contract with CDOT for the Grand Avenue Bridge Project in Glenwood Springs. The request is to only extend the hours of operation for the duration of the CDOT/Grand Avenue Bridge Project contract. The use is located on 4 parcels totaling 705.398 acres. The Property is zoned Rural. 1 David Pesnichak From: Dan Goin Sent: Thursday, June 29, 2017 9:24 AM To: David Pesnichak Cc: Dale Stephens; Michael Prehm Subject: North Bank Gravel Pit EXHIBIT David this is fine with Road and Bridge it does not affect and of the county roads and anything to help that project go quicker. Dan Goin District 3 Foreman Garfield County Road and Bridge 0298 CR 333A, Rifle CO 81650 970-625-8601 1 David Pesnichak From: Nathan Lindquist <nlindquist@rifleco.org> Sent: Thursday, June 29, 2017 10:12 AM To: David Pesnichak Subject: RE: North Bank Gravel Pit - Hours of Op Amendment - Referral Hi Dave, No comments from City of Rifle on this one. EXHIBIT From: David Pesnichak [mailto:dpesnichak@garfield-county.com] Sent: Wednesday, June 28, 2017 4:07 PM To: Kelly Cave; Chris Bornholdt; Morgan Hill; Wyatt Keesbery; ingrid.hewitson@state.co.us; bret.icenogle@state.co.us; Roussin - CDOT, Daniel; michelles.ramirez@state.co.us; Hoyer - DNR, Scott; taylor.elm@state.co.us; Nathan Lindquist; Chris Hale; Orrin Moon Subject: North Bank Gravel Pit - Hours of Op Amendment - Referral Hello, The Garfield County Community Development Department has received an application to amend the approved hours of operation for the North Bank Gravel Pit located approximately 3 miles east of the City of Rifle with access onto the CDOT frontage road and 1-70. The Applicant seeks to amend the approvals granted by the Board of County Commissioner for a Gravel Pit approved by Resolution 2008-73 and extended by Resolution 2012-67. Specifically, the Applicant is seeking to amend Condition of Approval #4 that provides that the facility operate only Monday through Saturday between 7.00 a.m. and 8.00 p.m. The request is to allow for loading and delivery of aggregate material 24 hours per day, 7 days per week from August 2017 through November 2017 in order to accommodate a contract with CDOT for the Grand Avenue Bridge Project in Glenwood Springs. The request is to only extend the hours of operation for the duration of the CDOT/Grand Avenue Bridge Project contract. The use is located on 4 parcels totaling 705.398 acres. The Property is zoned Rural. Attached is the Referral Form regarding this application. Please open and read it for instructions on accessing a digital version of the application. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff report, we request your response by July 19, 2017. To access the application, go to: http://records.garfield- county.com/WebLink/CustomSearch.aspx?SearchName=BuildingDocumentSearch Search for "Permit Number (File No.)": SUAA-06-17-8560 Thank You! David Pesnichak, AICP Senior Planner Garfield County Community Development Department 108 8th St Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 dpesnichak@garfield-county.com http://www.garfield-county.com/community-development/ 1 COI.4RM O RIVER Colorado River Fire Rescue EXHIBIT David Pesnichak 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: North Bank Gravel Pit July 19, 2017 David: This letter is to advise you that I have reviewed File Number: SUAA-06-17- 8560, located at the approximate location of MM 92.5 1-70, Frontage Road with cross Street of Mamm Creek Road overpass in Rifle. I have no requirements or concerns with the proposed hour of operation change for the proposed allotted time during the construction of the Grand Ave Bridge in Glenwood Springs. Thank you for allowing me to review this referral and please feel free to contact me with any questions or concerns. . Thank You, Orrin D. Moon, Division Chief/Fire Marshal Garfield County 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: David Pesnichak July 18, 2017 Hello David, Public Health EXHIBIT 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 Garfield County Public Health is in support of changing the allowable hours of operation for the North Bank Gravel Pit to allow the new Grand Avenue Bridge to be completed as soon as possible. However, we would ask that, when possible, the facility complete operations that produce the greatest disturbance (noise, dust, light, and odors) be limited to the traditional hours of operation outlined in the 2008 Special Use Permit. We understand that these are exceptional circumstances and that there will be a need to extend all operations during this construction project. Thank you, • ge't 914 " e I Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department — working to promote health and prevent disease