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STATE OF COLORADO
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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 Administration Building, in Glenwood Springs
on the 111h day of May, 2020, there were present:
John Martin
, Commissioner Chairman
Mike Samson
, Commissioner
Tom Jankovsk
, Commissioner
Tari Williams
, County Attorney
Kelly Cave
, Assistant County Attorney
Kevin Batchelder
, County Manager
Jean Alberico
. Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO.2020- [ &
A RESOLUTION APPROVING A TEXT AMENDMENT TO AMEND ARTICLE 14 OF
THE GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE TO DESIGNATE
MINERAL RESOURCE AREAS AS AN AREA OF STATE INTEREST, AND
ADOPTING GUIDELINES AND REGULATIONS THEREFORE.
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners is authorized to act.
B. The Board of County Commissioners has determined that it is in the best interest
of the public health, safety, welfare and the environment to improve its regulatory standards and
requirements for Mining Operations, and
C. The potential impacts of Mining Operations are best addressed by designating
Mineral Resource Areas as areas of state interest and adopting guidelines and regulations for those
areas pursuant to Section 24-65.1-101, et seq., CRS and
D. The Board of County Commissioners has designated certain areas and activities of
state interest and adopted guidelines and regulations therefore in Article 14, Division 2 of Garfield
County Land Use and Development Code (LUDC); and
E. The Board of County Commissioners desires to amend Article 14, Division 2 of the
LUDC to add guidelines and regulations for Mineral Resource Areas and the conduct of Mining
Operations therein.
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F. Pursuant to Section 4-114, the loam of County Commissioners initiated certain
Text Amendments to the LUDC that are necessary to implement the regulations and guidelines for
Mineral Resource Areas.
G. On April 22, 2020, the Garfield County Planning Commission conducted a public
hearing on the proposed text amendments adding guidelines and regulations for Mineral Resource
Areas to Article 14, Division 2 of the LUDC. At the close of the public hearing, the Planning
Commission voted 7-0 to recommend that the Board of County Commissioners approve the
guidelines and regulations for Mineral Resource Areas.
H. On May 4, 2020, the Board of County Commissioners opened a public hearing to
consider whether it should designate Mineral Resource Areas as areas of state interest in Garfield
County, and to consider proposed text amendments adding guidelines and regulations for Mineral
Resource Areas to Article 14, Division 2 of the LUDC. The Board of County Commissioners
continued the public hearing to May 11, 2020.
I. The Board of County Commissioners on the basis of the record and substantial
competent evidence produced at the aforementioned hearing, has made the following
determinations of fact:
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties
were heard at that meeting.
3. The Code Text Amendment is in compliance with the criteria for approval established
in Section 4-114 of the LUDC ; and
4. That for the above stated and other reasons the proposed Code Text Amendment is in
the best interest of the health, safety, convenience, order, prosperity and welfare of the
citizens of Garfield County.
5. Pursuant to Section 24-65.1- 401, CRS the Board of County Commissioners further
finds that the designation of Mineral Resource Areas is necessary because:
a. The intensity of current and foreseeable development pressures of mineral resource
areas in Garfield County is significant; and
b. Mineral resource areas are appropriate areas of state interest because of the value
of mineral resources in Garfield County and the potential impacts associated with
their extraction; and
c. Uncontrolled development of Mineral Resource Areas is potentially injurious to
public health, safety, welfare and the environment; and development of Mineral
Resource Areas in a coordinated manner minimizes those impacts.
2
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— Pursuant to Section 14-2U3.B of the LUDC, the Board considered the
a. Boundaries of the proposed area of state interest; and
b. Conformity with the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that Mineral Resource Areas are hereby designated as Areas of State
Interest. Further, the LUDC is hereby amended to include Guidelines and Regulations for the
administration of Mineral Resource Areas attached hereto as Exhibit A, and the Mineral Resource
Areas are hereby adopted and attached hereto as Exhibit B.
1*
ADOPTED this l day of eqAi4 12020
ATTEST:
of the Board
Upon motion duly made and seconded the
proposed Text Amendment, by the following vote:
BOARD OF
GARFIELD
of
John Martin */Nay
Tom Jankovsky ay
Mike Samson ay
MMIS SIONERS
approved
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LAND USE AND DEVELOPMENT CODE AMENDED TEXT
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GARFIELD COUNTY, COLORADO
Article 14: Areas and
Activities of State
Interest
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Article 14
AREAS AND ACTIVITIES OF STATE INTEREST
Table of Contents
DIVISION 1. GENERAL.............................................................................1
14-101. Purpose and Intent.................................................................................................1
14-102. Authority and severability........................................................................................1
14-103. Applicability.............................................................................................................1
14-104. Designated Matters of State Interest.......................................................................1
14-105. Exemptions.............................................................................................................2
14-106. Relationship to Other County State and Federal Requirments................................2
14-107. Permit Required......................................................................................................3
DIVISION 2. DESIGNATION OF AREAS AND ACTIVITIES OF STATE
INTEREST........................................................................................... 4
14-201. Applicability of Designation Process.......................................................................4
14-202. Initiation of Designation Request............................................................................4
14-203. Designation Process...............................................................................................4
DIVISION 3. REVIEW PROCESS FOR 1041 PERMIT ..............................5
14-301. Common Review Procedures.................................................................................5
14-302. Minor Permit Review Process.................................................................................8
14-303. Major Permit Review Process.................................................................................9
14-304. Technical Revisions and 1041 Permit Amendments.............................................10
DIVISION 4. 1041 PERMIT APPLICATION SUBMITTAL
REQUIREMENTS..............................................................................11
14-401. Description of Submittal Requirements.................................................................11
14-402. Additional Submittal Requirements Applicable to Areas Around an Airport or
Heliport..........................................................................................................................20
14-403. Additional Submittal Requirements Applicable to Development in Areas Around
Rapid or Mass Transit Facilities.....................................................................................21
14-404. Additional Submittal Requirements Applicable to Municipal and Industrial Water
Projects......................................................................................................................... 21
14-405. Additional Submittal Requirements Applicable to Site Selection of Solid Waste
DisposalSites................................................................................................................21
14-406. Additional Submittal Requirements Applicable to Site Selection of Major New
Domestic Water and Sewage Treatment Systems.........................................................22
14-407. Additional Submittal Requirements Applicable to Site Selection of Major Extensions
to Existing Domestic Water and Sewage Treatment Systems.......................................22
14-408. Additional Submittal Requirements Applicable to Site Selection For Arterial
Highways, interchanges and Collector Highways..........................................................22
14-409. Additional Submittal Requirements for Site Selection For Rapid or Mass Transit
TerminalsOr Stations....................................................................................................22
14-410. Additional Submittal Requirements for Site Selection for Fixed Guideways .......... 23
14-411. Additional Submittal Requirements Applicable to Site Selection for Airport or
Heliport Location or Expansion......................................................................................24
14-412. Additional Submittal Requirements Applicable to Mining Operations in Mineral
ResourceAreas.............................................................................................................24
DIVISION 5. 1041 PERMIT APPROVAL STANDARDS ..........................37
14-501. General Approval Standards.................................................................................37
14-502. Additional Standards Applicable to Rapid or Mass Transit Facilities .....................43
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-i
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14-503. Additional Standards Applicable to Site Selection of Solid Waste Disposal Sites..44
A. State and Federal Regulations.................................................................................45
14-504. Additional Standards Applicable To Site Selection of Domestic Water and Sewage
TreatmentSystems.......................................................................................................45
14-505. Additional Standards Applicable to Site Selection for Arterial Highways and
Interchanges................................................................---........................................45
14-506. Additional Standards Applicable to Areas Around Airports and Heliports..............45
14-507. Additional Standards Applicable To Site Selection of Airport or Heliport Location or
Expansion..................................................................................................................... 50
14--508. Additional Standards Applicable to Mining Operations In Mineral Resource Areas ...
...................................................--......--..---.........................................................51
DIVISION 6. FINANCIAL GUARANTEE..................................................56
14-601.
Financial Guarantee Required..............................................................................56
14-602.
Amount of Financial Guarantee............................................................................56
14-603.
Estimate................................................................................................................56
14-604.
Form of Financial Guarantee................................................................................57
14-605.
Release of Guarantee............................................................................................57
14-606.
Cancellation of the Financial Guarantee...............................................................57
14-607.
Forfeiture of Financial Guarantee.........................................................................57
DIVISION 7. 1041 PERMIT ADMINISTRATION AND ENFORCEMENT.
58
14-701.
Enforcement and Penalties...................................................................................58
14-702.
1041 Permit Suspension or Revocation................................................................58
14-703.
Transfer of 1041 Permits......................................................................................59
14-704.
Inspection.............................................................................................................59
14-705.
Judicial Review.....................................................................................................59
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 1441
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GARFIELD COUNTY LAND USE AND Dp1/ELOpmr=NT CODE 14-P11i
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ARTICLE 14: AREAS AND ACTIVITIES OF STATE
INTEREST
L4-10 . PURPOSE AND. INTENT.
A. GENERAL PURPOSE. The purpose of this Article is to establish the framework
for identification, designation and administration of matters of state interest in a
manner that conserves natural resources, is sensitive to surrounding land uses,
and protects the public health, safety, welfare and the environment of Garfield
County consistent with C.R.S. § 24-65.1-101, et seq.
B. GUIDELINES AND REGULATIONS FOR ADMINISTRATION. This Article shall
constitute the guidelines and regulations for administration of matters of state
interest under C.R.S. § 24-65.1-402.
C. INTENT. It is the intent of the County that this Article be applied in a manner that
is complementary to and harmonious with the state and federal regulatory laws
and regulations.
414-102-. AUTHORITY AND SEVERABILITV_
A. Authority.
This Article is authorized by, inter alia, C.R.S. §§ 24-65.1-101, et seq; §§ 29-20-101,
et seq; §§ 30-28-101 et seq; and §§ 30-28-201, et seq.
B. Severability.
If any section, subsection, sentence, clause, or phrase of this Article is, for any reason,
held to be invalid or unconstitutional by a court of law, such decision will not affect the
validity of this Article as a whale or any part other than the part declared invalid.
�E4_1Q3_APPLICABILITY. _�__ _---- _---- - ----T_ __-__-__- ----
This Article will apply to the Designation and regulation of any area or activity of state interest
wholly or partially in the unincorporated areas of Garfield County, whether on public or private
land, that has been or may hereafter be designated by the BOCC.
['14-104.-Df=SI6NATED MATTERS OF STATE INTEREST.
A. Areas of State Interest.
1. Areas around Airports and Heliports. Specifically, the outer extremities of
the Imaginary Surfaces for the particular Airport or Heliport, including all
lands, water, airspace, or portions thereof which are located within this
boundary. If the Noise Impact Boundary extends beyond the outer
extremities of the Imaginary Surfaces, the Imaginary Surfaces will be
extended to incorporate the Noise Impact Boundary for purposes of this
Article.
2. Areas around Rapid or Mass Transit Facilities, Terminals, Stations, or fixed
guideways.
3. Mineral Resource Areas with boundaries to include those portions of
Garfield County Zoned Public (P), Rural (R), and Resource Lands (RL),
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excluding those areas within Urban Growth Boundaries for municipalities
within the County that are not zoned Public (P).
B. Activities of State Interest. '
1. Efficient utilization of municipal and industrial water projects.
2. Site Selection and development of Solid Waste Disposal Sites except those
sites specified in C.R.S. § 25-11-203(1), sites designated pursuant to Part
3 of Article 11 of Title 25, C.R.S., and hazardous waste disposal sites, as
defined in C.R.S. § 25-15-200.3.
3. Site Selection and construction of major new domestic water and sewage
treatment systems and major extension of existing domestic water and
sewage treatment systems.
4. Site Selection and construction for Arterial Highways, Interchanges, and
Collector Highways.
5. Site Selection and construction for Rapid or Mass Transit Terminals,
Stations, or guideways.
6. Site Selection for public Airport or Heliport location or expansion.
,14-105. EXEMPTIONS._
This Article shall not apply to any development in the above identified areas or activities
of state interest if any one of the following is true as of May 17, 1974:
1. The specific development or activity was covered by a current Building
Permit issued by the County.
2. The specific development or activity was directly approved by the
electorate of the State or the County, provided that approval by the
electorate of any bond issue by itself shall not be construed as approval of
the specific development or activity.
3. The specific development_ or activity is on land which has been finally
approved, with or without conditions, for a PUD or land use similar to a
PUD.
4. The specific development or activity is on land which was either zoned or
rezoned in response to an application which specifically contemplated said
specific development or activity.
,94-106. RELATIONSHIP TO -OTHER COUNTY STATE -AND FEDERAL REQI.UREMENTS,
A. More Restrictive Standards Apply.
Whenever the provisions of this Article are found to be inconsistent with the statutory
criteria for the administration of matters of state interest in C.R.S §§ 24-65.1-202 and 204,
the more restrictive standards or requirements will control.
B. Definitions.
Terms in this Article will have the meaning set forth in Article 15 of the LUDC.
C. Compliance Matters.
Unless otherwise set forth in this Article, nothing in this Article exempts an Applicant from
compliance with any other applicable County requirements, the Comprehensive Plan or
other state, federal, or local requirements. Nor will federal, state, or local approval preempt
or otherwise obviate the need to comply with this Article.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-2
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D. No Intent to Conflict.
This Article is not intended to, nor will be applied to, create an impermissible conflict with
any state or federal laws or regulations. In the event that this Article imposes restrictions
on mining operations that differ from applicable state or federal requirements, the more
stringent or protective requirement shall control.
E. Coordinated Review and Permitting.
Any Applicant for a Permit under this Article that is also subject to the regulations of other
state or federal agencies may request that the County application and review process be
coordinated with that of the other agency. The County will attempt to eliminate redundant
application submittal requirements and will coordinate its review of the application with
that of other agencies as appropriate. To the extent practicable and appropriate, the
County will also attempt to coordinate the terms and conditions of approval with that of
other agencies.
'14-107. PERMIT REQUIRED.
A. Permit Authority.
The BOCC will serve as the Local Permit Authority. The BOCC will exercise all powers
and duties granted it by this Article.
B. Permit Required Prior to Engaging in Designated Activity or Development in
Designated Area.
No person may engage in a designated activity of state interest, or engage in development
in an area of state interest, wholly or partially within the unincorporated areas of the County
without first obtaining either a permit (hereinafter "1041 Permit" or "Permit") or a "Finding
of No Significant Impact" under this Article.
Within Mineral Resource Areas a 1041 Permit issued under this Article is
only required for Mining Operations. See Sections 14-412 and 14-508 of
this Article.
a. Other development which would not interfere with the extraction
and exploration of minerals may be allowed in a Mineral Resource
Area if approved pursuant to the LUDC.
b. Unless otherwise specified in this Article, an Applicant seeking a
1041 permit to conduct a Mining Operation is not subject to other
provisions of the LUDC.
C. Term of Permit.
Approval of a 1041 Permit will lapse after 12 months, unless:
1. Activities described in the Permit have substantially commenced; or
2. The BOCC specifies a different time period in which Building Permits must
be obtained or activities must commence.
3. The BOCC may at its discretion extend the term of a 1041 Permit if the
permittee submits a written request prior to expiration of the permit detailing
the need for such extension.
D. Renewal.
A 1041 Permit may be renewed following the same procedure for approval of a new
application set forth in Division 4 of this Article. The BOCC may impose additional
conditions at the time of renewal if necessary to ensure that the project will comply with
this Article.
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E. 1041 Permit Not A Site Specific Development Plan.
1041 Permits issued under this Article will not be considered to be a Site Specific
Development Plan and no statutory vested rights will inure to such permit.
114-201. APPLICABILITY OF DESIGNATION PROCESS.
The designation process set forth in this Article will apply to the designation of any matter of state
interest after the effective date of this Article. The designation process will not apply to those
matters of state interest designated by the BOCC prior to the effective date of this Article, which
designations will remain in effect.
14-202. INITIATION OF DESIGNATION REQUEST.
Designations and amendments or revocations of Designations of areas or activities of state
interest may be initiated by the BOCC.
14-203. DESIGNATION PROCESS.
A. Public Hearing by BOCC.
A request for Designation of an area or activity of state interest will be considered by the
BOCC at a Public Hearing.
1. Public Notice. The Director will publish a notice of the Public Hearing at
least 30 days and not more than 60 days before the hearing, in a
newspaper of general circulation in the County. The notice will include the
time and place of the hearing, a general description of the Designation
requested, and the place at which relevant materials may be examined.
B. Matters to be Considered at Designation Hearing.
At the Designation hearing, the BOCC will consider such evidence as may appear
appropriate, including the following considerations:
1. The intensity of current and foreseeable development pressures;
2. The reasons why the particular area or activity is of state interest, the
dangers that would result from uncontrolled development of any such area
or uncontrolled conduct of such activity, and the advantages of
development of such area or conduct of such activity in a coordinated
manner;
3. Boundaries of the proposed area of state interest; and
4. Conformity with the Comprehensive Plan.
C. Adoption of Designation and Regulations.
Within 30 days after completion of the Public Hearing, the BOCC will take action by
resolution to adopt, adopt with modifications, or reject the proposed designation and
regulations interpreting and implementing its guidelines for an area or activity of state
interest.
1. If the BOCC rejects the designation and/or proposed regulations, the
BOCC may at its discretion regulate the matter under any other available
land use control authority or it may reject regulation of the matter entirely.
2. The BOCC action will be taken by resolution.
3. Upon adopting a Designation, the BOCC will adopt regulations for its
administration.
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D. Record of Designation Proceedings.
The record of decision will include the following materials:
1. Certificate of publication of the Public Hearing notice;
2. The minutes of the Designation Hearing;
3. Written findings concerning each of the considerations set forth in section
14-203.B., Matters to be Considered at Designation Hearings; and
4. The recorded resolution adopting the designation and regulations.
214-301. COMMON REVIEW PROCEDURES.
A. Consultants and Referral Agencies.
The following provisions apply to all 1041 Permit applications.
1. Consultant and Referral Agency Review. The Director may authorize all or
a portion of the review of any phase of an application to be performed by
an outside consultant and sent to referral agencies.
2. Applicant Responsible for Review Costs. The costs of consultant and
referral agency reviews are the responsibility of the Applicant.
B. Pre -Application Conference.
An application for a 1041 Permit will begin with a pre -application conference between the
Applicant and the Director or staff.
1. Procedure. The Applicant will make a request for a pre -application
conference through the Community Development Department. At the
conference, the Director will explain the regulatory process and
requirements and begin to evaluate the appropriate level of review.
a. Scheduling of Pre -Application Conference. The Director will
schedule a pre -application conference to be held within 20 days of
receipt of a request for a pre -application conference.
b. Materials. At or before the pre -application meeting, the Applicant
will submit a brief explanation of the project, including the following
materials:
(1) The Applicant's name, address, and phone number.
(2) Map prepared at an easily readable scale showing:
a. Boundary of the proposed activity;
b. Relationship of the proposed activity to surrounding
topographic and cultural features such as roads,
streams, and existing structures; and
C. Proposed building, improvements, and
infrastructure.
(3) Written summary of the project that is sufficient for
determining the appropriate level of review.
C. Participants. In addition to the Community Development
Department staff, participants in the pre -application conference will
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include appropriate staff to address potential issues raised by the
project.
C. Determination of Level of Permit Review.
There are 3 possible levels of Permit Review for a project. The Director will make the
initial determination of the appropriate level of Permit Review within a reasonable time
following the pre -application meeting and submittals. The Director will notify the BOCC of
the level of review within 5 days of the determination.
Finding of No Significant Impact. Based upon review of the pre -application
submittals and the information obtained at the pre -application meeting, the
Director may make a Finding of No Significant Impact and determine that
a 1041 Permit is not necessary. The Director may make a Finding of No
Significant Impact if the construction or operation of the activity, without
Mitigation, in its proposed location is unlikely to have any significant
adverse impact to the County. The Director's decision will take into
consideration the approval standards set forth in Division 5 of this Article.
2. Major and Minor Permit Review. If the Director does not make a Finding of
No Significant Impact, then the Director will determine whether the project
should be subject to the Major Permit Review or Minor Permit Review
provisions of this Article.
a. Major Permit Review. The Director will determine that Major Permit
Review is required if:
(1) The project is likely to have a significant adverse impact in
2 or more categories of standards as described Division 5
of this Article; or
(2) The project is likely to have severe adverse impact in any 1
category of standards as described in Division 5 of this
Article.
b. Minor Permit Review. If the project does not warrant Major Permit
Review, then it will be processed as a Minor Permit Review.
3. Call-up of Director's Level of Review Determination.
a. Call-up by the Board. The BOCC may, at its discretion, call-up the
Director's determination at the next regularly -scheduled meeting of
the BOCC for which proper notice by inclusion on the BOCC
agenda can be accomplished, following the date of written notice of
the determination of level of Permit Review. The BOCC may
approve, modify, or reject the Director's determination based on the
criteria in section 14-301.C.
b. Request for Call-up. Within 10 days of the date of written notice of
the Director's determination, the Applicant may request that the
BOCC call up the determination at its next regularly -scheduled
meeting for which proper notice can be accomplished by inclusion
on the BOCC agenda. The BOCC may approve, modify, or reject
the Director's determination based on the criteria in section 14-
301.C.
C. Call-up Request by Director. Within ten (10) days of the
Director's determination, the Director may request that the BOCC
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review the Director's decision at its next regularly -scheduled
meeting for which proper notice can be accomplished.
D. Change in Level of Permit Review.
At any time prior to the final decision by the BOCC, the County may decide that information
received since the pre -application conference indicates that the nature and scope of the
impacts of the project are such that a different level of review is required. If a different
level of review is required, the Director will immediately notify the Applicant, the BOCC,
and the County Attorney.
E. Permit Application Fee
The Applicant is responsible for all costs of reviewing and processing the Permit
application.
Fee Requirement
a. Any application for a 1041 Permit must be accompanied by the
appropriate fees. A schedule of fees is available through the
Community Development Department. An estimated range of any
potential fees will be disclosed in the pre -application conference
summary. This estimate is nonbinding.
b. The County may require a deposit for payment of consultant and
referral agency review fees, based upon estimated consultant
review costs at the time of application, and in addition to the
application fees.
C. The amount of the payment may be increased at any time it is
determined by the Director that the fee is not sufficient to cover the
actual costs associated with the application.
d. The County may suspend the application review process pending
payment of consultant costs.
2. Payment of Additional Costs
Additional costs for reviewing and processing the Permit application include
but are not limited to the costs of legal, consultant, and referral agency
review of the Permit application, the pre -application conference,
completeness determination, and all hearings and meetings on the Permit
application. Such costs are in addition to the application fees paid pursuant
to E.1 above and shall be billed to the Applicant. All additional costs must
be paid in full prior to final action by the Board of County Commissioners
on the Permit application.
F. Determination of Completeness.
Within 30 business days of receipt of the application materials, the Director will determine
whether the application is complete based on compliance with the permit application
submittal requirements set forth in Division 4 of this Article.
1. Application is Not Complete. If the application is not complete, the Director
will inform the Applicant of the deficiencies in writing and will take no further
action on the application until the deficiencies are remedied. If the
Applicant fails to correct the deficiencies within 60 calendar days, the
application will be considered withdrawn and returned to the Applicant.
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2. Application is Complete. If the application is complete, the Director will
certify it as complete and stamp it with the date of determination of
completeness.
3. Extension of Time for Determination of Completeness. The Director may
authorize an extension of time to complete the review for determination of
completeness up to an additional 60 business days. The extension of time
for determination of completeness will be based upon the following
considerations:
a. Scope of Application. The scope of application is sufficient to
require additional time for the Director to review the application for
a determination of completeness.
b. Staff Workload. The Department's workload due to the volume and
scope of pending applications justifies the need for an extension of
time.
G. Evaluation by Director, Staff, Consultants, and Referral Agencies.
Taking into consideration input from referral agencies and consultants, the Director will
review the application to determine if the project satisfies the applicable standards set
forth in Division 5 of this Article. The Director will prepare a staff report discussing issues
raised by staff and referral agencies, whether the standards have been satisfied, Mitigation
requirements, recommended conditions of approval, and additional information pertinent
to review of the application.
H. Notice of Public Hearing. No later than 30 days after the completeness
determination, the County shall publish notice of a hearing as follows.
1. Notice by Publication. At least 30 calendar days but no more than 60
calendar days prior to the date of a scheduled Public Hearing, the Applicant
will have published a notice of Public Hearing in a newspaper of general
circulation in the area that the project is located. The notice will follow a
form prescribed by the County.
2. Notice to Adjacent Property Owners. At least 30 calendar days but no more
than 60 calendar days prior to the date of a scheduled Public Hearing, the
Applicant will send by certified mail, return receipt requested, a written
notice of the Public Hearing to the owners of record of all adjacent property
within a 500-foot radius of the project site boundaries. The notice will
include a Vicinity Map, the property's legal description, a short narrative
describing the project, and an announcement of the date, time, and location
of the scheduled hearing(s).
3. Proof of Notice. At the Public Hearing, the Applicant will provide proof of
publication and notification of Adjacent Property Owners.
4. Notice to Airport Sponsor. If an application involves areas around Airports
or Heliports, or the site selection of an Airport or Heliport, then Applicant
must also send by certified mail, return receipt requested, a written notice
of the Public Hearing to the Airport Sponsor. The notice will follow a form
prescribed by the County.
14-302. MINOR PERMIT REVIEW PROCESS.
A. Outline of Process.
The Minor Permit Review will consist of the following procedures:
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1. Pre -application conference;
2. Application;
3. Determination of completeness;
4. Evaluation by the Director/Staff review; and
6. Public Hearing and decision by the BOCC.
B. Review Process.
1. Pre -Application Conference. A pre -application conference will be held in
accordance with the provisions of section 14-301.B., Pre -Application
Conference.
2. Application. The application materials are set forth in Division 4 of this
Article.
3. Determination of Completeness. The Director will review the application
for determination of completeness in accordance with the provisions of
section 14-301.G., Determination of Completeness.
4. Schedule Public Hearing. Not later than 30 days from the determination of
completeness, the Director will schedule the application for Public Hearing
by the BOCC and publish the notice pursuant to section 14-301.H., Notice
of Public Hearing.
6. Evaluation by Director/Staff Review. Upon determination of completeness,
the Director will review the application and prepare a staff report pursuant
to section 14-301.G of this Article.
6. Review and Action by the BOCC. Following proper public notice, the
BOCC will consider the application at a Public Hearing. The BOCC will
approve, approve with conditions, or deny the application based upon
compliance with the applicable standards in Division 5 of this Article.
(1) Approval of Application. If the application satisfies all of the
applicable standards, the application shall be approved.
(2) Conditional Approval or Denial of Application. If the application fails
to satisfy any one of the applicable standards, the application shall
be denied or the application may be approved with conditions
determined necessary for compliance with applicable standards.
�14=303. MAJOR_PERMIT REVIEW PROCESS.
A. Outline of Process.
The Major Permit Review will consist of the following procedures:
1. Pre -application conference;
2. Application;
3. Determination of completeness;
4. Evaluation by the Director/Staff review;
5. Recommendation by the Planning Commission; and
6. Public Hearing and decision by the BOCC
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B. Review Process.
1. Pre -Application Conference. A pre -application conference will be held in
accordance with the provisions of section 14-301.B., Pre -Application
Conference.
2. Application. The application materials are set forth in Division 4 of this
Article.
3. Determination of Completeness. The Director will review the application
for determination of completeness in accordance with the provisions of
section 14-301.G of this Article.
4. Evaluation by Director/Staff Review. Upon determination of completeness,
the Director will review the application and prepare a staff report pursuant
to section 14-301.13 of this Article.
5. Review and Recommendation by the Planning Commission. Within 45
days of the completeness determination, the Planning Commission will
consider the application at a meeting and send its recommendation to the
BOCC.
a. Recommendation of Approval. If the application satisfies all of the
applicable standards, the Planning Commission shall recommend
that the application be approved.
b. Recommendation of Approval with Conditions or Denial. If the
application fails to satisfy all of the applicable standards the
Planning Commission will recommend that the application be
denied or recommend approval with conditions determined
necessary for compliance with the applicable standards.
6. Schedule BOCC Public Hearing. The Director will schedule the application
for Public Hearing by the BOCC in accordance with 14-301 H of this Article.
7. Review and Action by the BOCC. The BOCC will consider the application
at a public hearing, upon proper public notice. The BOCC will approve,
approve with conditions, or deny the application based upon compliance
with the applicable standards in Division 5 of this Article.
a. Approval of Application. If the application satisfies all of the
applicable standards, the application shall be approved.
b. Conditional Approval or Denial of Application. If the application fails
to satisfy any one of the applicable standards, the application will
be denied or approved with conditions determined necessary for
compliance with applicable standards.
i14-304�TECHNICAL REVISIONS -AND 1041PERMIT AMENDMENTS
Any change in the construction or operation of the project from that approved by the BOCC will
require either a "technical revision" or a 1041 Permit Amendment."
A. Submittals.
To request a technical revision, the Applicant will submit the following information and
materials to the Director:
1. A copy of the current 1041 Permit;
2. As -built drawings of the project;
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3. A written description of the proposed changes to the project together with
drawings and plans of the proposed changes; and
4. Additional mitigation plans.
B. Determination of Whether Change is a Technical Revision or 1041 Permit
Amendment.
The Director will make the initial determination whether a change is a technical revision or
a 1041 Permit Amendment within 30 days following receipt of the request and necessary
submittals. Within 5 days of the Director's determination, the Director will notify the
Applicant and the BOCC, in writing, of the determination.
C. Technical Revisions.
A proposed change will be considered a "technical revision" if the Director, in his or her
discretion, determines that there will be no increase in the size of the area affected by the
project or the intensity of impacts of the project. The Director may determine that even
though the proposed changes will increase the size of the area affected or the intensity of
the impacts, the impact is insignificant so as to warrant a technical revision finding. A
change to a condition of approval will not be treated as a technical revision. Upon finding
that the change is a technical revision, the Director will approve the change to the 1041
Permit.
D. 1041 Permit Amendments.
Changes other than technical revisions are considered 1041 Permit Amendments. A 1041
Permit Amendment will be treated as a new application and processed according to
Division 3 of this Article.
E. Call -Up of Director's Determination.
1. Call-up by the BOCC. The BOCC may, at its discretion, call up the
Director's determination that a change is a 1041 Permit Amendment, rather
than a technical revision at the next regularly -scheduled meeting for which
proper notice by inclusion on the BOCC agenda can be accomplished,
following the date of written notice of the determination. The BOCC may
approve or reject the Director's determination based on the criteria in
section 14-304.0 and 14-304.D.
2. Request for Call -Up. Within 10 days of the date of written notice of the
Director's determination, the Applicant may request that the BOCC call-up
the Director's determination at its next regularly -scheduled meeting for
which proper notice can be accomplished by inclusion on the BOCC
agenda. The BOCC may approve or reject the Director's determination
based on the criteria in sections 14-304.0 and 14-304.D.
3. Request by Director. Within ten (10) days of the Director's
determination, the Director may request that the BOCC review the
Director's decision at its next regularly -scheduled meeting for which
proper notice can be accomplished.
The following submittal requirements apply to any application for a 1041 Permit.
14-401. DESCRIPTION OF SUBMITTAL REQUIREMENTS.
A. Waiver.
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The Director may waive one or more of these submittal requirements when the information
would not be relevant to a determination as to whether the project complies with the
applicable standards in Division 5.
B. Application Form.
Applicant shall obtain an application form from the Community Development Department.
1. Ownership. The application shall include a deed or other evidence of the
owner's title or ownership interest in the land for which a 1041 Permit is
requested.
2. Authorized Applicant. Completed application forms and accompanying
materials shall be submitted to the Director by the owner, or any other
person having a recognized fee title interest in the land for which a 1041
Permit is proposed, or by any agent acting through written authorization of
the owner.
a. Authorized Agent. If the Applicant is not the owner of the land, or
is a contract purchaser of the land, the Applicant shall submit a
letter signed by the owner consenting to the submission of the
application.
b. Applicant is Not the Sole Owner. If the Applicant is not the sole
owner of the land, the Applicant shall submit a letter signed by all
other owners or an association representing all the owners, by
which all owners consent to or join in the application.
3. Information About Applicant. The application form shall contain the
following information describing the Applicant:
a. The name(s), address(es), email address(es), fax number(s),
organization form(s), and business(es) of the Applicant, and if
different, the owner of the project, the land owner, and other
representatives authorized to submit the application;
b. The names, addresses, and qualifications, including those areas of
expertise and experience with projects directly related or similar to
that proposed in the application package, of individuals who are or
will be responsible for constructing and operating the project;
C. Authorization of the application by the property owner, if different
than the Applicant; and
d. Documentation of the Applicant's financial and technical capability
to develop and operate the project, including a description of the
Applicant's experience developing and operating similar projects.
C. Information Describing the Project.
1. Project Narrative. A narrative description of the project, including the
location of the proposed facility by reference to its relationship to any
physical features, intersections, towns, or other locations, that are generally
recognized by the citizens of Garfield County.
2. Identification of Alternatives.
a. Descriptions of alternatives to the project that were considered by
the Applicant and reasons why they were rejected.
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b. Justification that the project represents the alternative that best
complies with this Article and is the least detrimental practicable
alternative.
3. Project Need. The need for the project, including existing/proposed
facilities that perform the same or related function and population
projections or growth trends that form the basis of demand projections
justifying the project.
4. Conformance with Comprehensive Plan. A narrative description explaining
how the project is in conformance with the County's Comprehensive Plan,
municipal master plans, and any other applicable plans within the Impact
Area.
5. Maps.
a. Vicinity Map. Location of the project shown on USGS quadrangle
map. The map shall clearly show the project site boundaries and
all property within a 3-mile radius of the site.
b. Site plan.
A detailed map of the project site at a scale determined by the
Director. The site plan shall include:
(1) Noah arrow, scale, and legal description of the site;
(2) Area of the site and clearly identified boundary lines, corner
pins, and dimensions of the site and land survey data to
identify the site including section corners, distance and
bearing to these corners, quarter corners, township, range;
(3) Topographic contours at vertical intervals sufficient to show
the topography affecting the site;
(4) Parcels and land use within one mile of the proposed
activity, identified by zoning, size and use;
(5) Locations of special district boundaries, municipal
watershed boundaries, municipal boundaries and
boundaries of residential subdivisions within one mile of the
property;
(6) Proposed and existing Transportation Corridors identified
by location and dimension, and Forest Service, Bureau of
Land Management, and private roads on -site and within one
mile of the boundaries of the site;
(7) Location of all fire, police and emergency response service
facilities nearest to the project;
(8) Easements recorded or historically used, and proposed
easements that provide access to or across, or other use of
the property, shown by approximate location, dimension,
use, and grantee;
(9) All existing and proposed structures and appurtenant
facilities, shown by location and dimension; and
(10) Significant features including:
(a) Existing and proposed utility lines;
(b) Natural and artificial drainage ways, ditches,
streams, lakes, ponds and wetlands;
(c) Dams and reservoirs;
(d) Floodways and floodplains located in or within
3 miles of the site, and approximate flooding limits
based on information available through the County;
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(e) Vegetative cover;
(f) Rock outcrops, soil types, geologic features, and
hazards;
(g) Any on -site or off -site feature that influences the
project;
(h) Proposed areas of disturbance shown by location
and dimension; and
(i) Existing and proposed impervious surface areas
shown by location and dimension.
(j) The County may require, or the Applicant may
choose to submit, a more detailed version of all or
part of the site plan at a map scale suitable to show
the particulars of the project.
Plans and Specifications. Detailed plans and specifications of the project.
7. Project Schedules and Phasing. Schedules for designing, permitting,
constructing, and operating the project, including the estimated life of the
project.
8. Conservation Techniques. Description of all conservation techniques to be
used in the construction and operation of the project.
D. Property Rights, Permits, and Other Approvals.
A list of all other federal, state, and local permits and approvals that have
been or will be required for the project, together with any proposal for
coordinating these approvals with the County permitting process. Applicant
shall provide the County with copies of the permits, approvals, and licenses
upon issuance.
2. Copies of all official federal and state consultation correspondence
prepared for the project; and copies of any draft or final environmental
assessments or impact statement required for the project.
3. Description of the water to be used by the project, including: amount of
water required; amount and quality of the source water; the Applicant's right
to use the water, including adjudicated decrees, applications for decrees,
proposed points of diversion, and the existing uses of water; and any
alternative water sources available to the Applicant. If an Augmentation
Plan has been filed in court, the Applicant shall submit a copy of that plan.
4. Description and documentation of property rights, easements, and rights -
of -way agreements, both on -site and off -site that are necessary for or that
will be affected by the project.
5. Description of all mitigation and financial security required by federal, state,
and local authorities.
E. Technical and Financial Feasibility Assessment. Assessment of the technical
and financial feasibility of the project, the Applicant's financial capability to pay for
all phases of the project, and the Applicant's right to and expertise in technology
required for the project:
1. The estimated construction costs for each phase of development.
2. Revenues and operating expenses for the project.
3. Description of debt and equity at each phase of development, debt
retirement schedule and sources of funding to retire debt.
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4. Details of any contract or agreement for revenues or services in connection
with the project.
5. Description of the person(s) or entity(ies) who will pay for or use the project
and/or services produced by the development and those who will benefit
from any and all revenues generated by it.
6. Estimated cost of proposed mitigation measures and permit conditions,
estimated reclamation costs and schedule.
F. Land Use.
1. Description of existing land uses within and adjacent to the Impact Area.
2. Description of impacts and Net Effect of the project on land use patterns.
G. Local Government Services.
1. Description of existing capacity of and demand for local government
services including, but not limited to, roads, schools, water and wastewater
treatment, water supply, emergency services, transportation,
infrastructure, and other services necessary to accommodate development
within Garfield County.
2. Description of the impacts and Net Effect of the project to the capability of
local governments that are affected by the project to provide services.
H. Workforce Housing Assessment.
An assessment of the housing demand created by the project and plans to address that
demand, including:
1. Description of the workforce associated with the project:
a. Estimated number of workers needed to staff the proposed
project, including: the number of resident and non-resident
workers.
b. Estimated salary ranges of workers.
2. Analysis of the available dwelling units and whether there are sufficient
numbers of dwelling units within the County at the appropriate cost to
house workers.
3. Description of the immediate and long-term impact and Net Effects of the
project on the availability of affordable workforce housing.
1. Financial Burden on County Residents.
Description of the existing tax burden and fee structure for government
services including, but not limited to, assessed valuation, mill levy, rates for
water and wastewater treatment, and costs of water supply.
2. Description of Impacts and Net Effect of the project on financial burdens of
residents.
J. Local Economy.
Description of the local economy including, but not limited to, revenues
generated by the different economic sectors and the value or productivity
of different lands.
2. Description of impacts and Net Effect of the project on the local economy
and opportunities for economic diversification.
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K. Recreational Opportunities.
1. Map depicting the location of present and proposed recreational uses
including but not limited to, hot springs, fishery stream segments, access
points to recreational resources, hiking and biking trails, hunting, and
wilderness areas.
2. Description of present and potential recreational uses including, but not
limited to, the number of recreational visitor days for different recreational
uses and the revenue generated by types of recreational uses.
3. Description of the impacts and Net Effect of the project on present and
potential recreational opportunities and revenues to the local economy
derived from those uses.
L. Agricultural Impact Assessment. A description of agricultural lands and operations
in the Impact Area and a plan to:
1. Avoid contributing to loss of agricultural land, including farm or ranch land.
2. Minimize impacts on agricultural operations, including irrigation water,
water delivery systems and irrigation schedules.
3. Avoid impacts to livestock, grazing permits or leases, or grazing permittees
or lessees.
M. Areas of Paleontological, Historic or Archaeological Importance.
1. Map and/or description of all sites paleontological, historic, or
archaeological interest.
2. Documentation of approval from the State Historic Preservation Office
regarding any historical resources potentially affected by the project.
3. Description of the impacts and Net Effect of the project on sites of
paleontological, historic, or archaeological interest.
N. Traffic Impact Assessment and Mitigation
Traffic impact study. A study prepared by a certified traffic engineer that
includes at a minimum:
a. Existing conditions. Description of the baseline condition of road
segments that will be affected by the project, including the existing
physical condition, trips generated by vehicle type on the average
and at peak times, and the existing level of service for those road
segments.
b. Trip generation. For each phase of the project, a description of
proposed average and peak time site trip generation by vehicle type
for the roads that will be affected by the project.
C. Mitigation. For each phase of the project, proposed mitigation of
impacts to traffic including traffic signals, and other measures to
ensure that the level of service for each affected road segment is
not reduced over pre -project conditions.
Traffic Management Plan. A plan that includes measures to mitigate
adverse impacts to traffic for each phase of the project.
O. Air Quality.
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1. A map and/or description of the airsheds that will be affected by the project,
including the seasonal pattern of air circulation and microclimates.
2. Map and/or description of the ambient air quality and State air quality
standards of the airsheds that will be affected by the project, including
particulate matter and aerosols, oxides, hydrocarbons, oxidants, and other
chemicals, temperature effects, and atmospheric interactions.
3. An assessment and plan for greenhouse gas emissions prepared by an
expert in air quality emissions control. The assessment shall identify and
quantify 'the greenhouse gas emissions attributable to the Mining
Operation, and proposed mitigation.
4. Descriptions of the impacts and Net Effect of the project on air quality
during both construction and operation, and under both average and worst
case conditions.
P Visual Quality.
1. Map and/or description of ground cover and vegetation, forest canopies,
waterfalls, and streams or other natural features.
2. Description of view sheds, scenic vistas, unique landscapes, or land
formations.
3. Map and/or description of buildings and structure design and materials to
be used for the project.
4. Descriptions of the impacts and Net Effect of the project on visual quality.
Q. Surface Water Quality.
1. Map and/or description of all surface waters to be affected by the project,
including:
a. Description of provisions of the applicable regional water quality
management plan that applies to the project and assessment' of
whether the project would comply with those provisions;
b. Existing condition of streams and water bodies affected by the
project; and '
C. Classification of streams and water bodies affected by the project.
2. Description of water quality data monitoring sources.
3. Descriptions of the immediate and long-term impact and Net Effects of the
project on the quantity and quality of surface water under both average and
worst case conditions.
R. Groundwater Quality.
1. Map and/or description of all groundwater, including any aquifers. At a
minimum, the description should include:
a. Seasonal water levels in each subdivision of the aquifer affected by
the project;
b. Artesian pressure in aquifers;
C. Groundwater flow directions and levels;
d. Existing aquifer recharge rates and methodology used to calculate
recharge to the aquifer from any recharge sources;
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e. For aquifers to be used as part of a water storage system,
methodology and results of tests used to determine the ability of
aquifer to impound groundwater and aquifer storage capacity;
f. Seepage losses expected at any subsurface dam and at stream -
aquifer interfaces and methodology used to calculate seepage
losses in the affected streams, including description and location of
measuring devices;
g. Existing groundwater quality and classification; and
h. Location of all water wells and their uses.
2. Description of the impacts and Net Effect of the project on groundwater.
S Water Quantity.
1. Map and/or description of existing stream flows and reservoir levels.
2. Map and/or description of existing instream flows.
3. Descriptions of the impacts and Net Effect of the project on water quantity.
4. Statement of methods for efficient utilization of water.
T. Floodplains, Wetlands and Riparian Areas.
1. Map and/or description of all Floodplains, Wetlands (whether or not they
are jurisdictional as defined by the Corps of Engineers), and Riparian Areas
affected by the project, including a description of the types of Wetlands,
species composition, biomass, and functions.
2. Description of site features such as streams, areas subject to flooding,
lakes, high ground water areas, topography, vegetative cover;
3. Description of the source of water interacting with the surface systems to
create each Wetland (i.e., side -slope runoff, over -bank flooding,
groundwater seepage, etc.) or Riparian Area.
4. Description of the impacts and Net Effect of the project on the Floodplains,
Wetlands, and Riparian Areas.
U. Terrestrial and Aquatic Animals and Habitat Assessment.
Map and/or description of terrestrial and aquatic animals including the
status and relative importance of game and nongame wildlife, livestock and
other animals; a description of streamflows and lake levels needed to
protect the aquatic Environment; and description of threatened or
endangered animal species and their habitat.
Map and description of critical wildlife habitat and livestock range affected
by the project, including migration routes, calving areas, summer and
winter range, spawning beds, and grazing areas.
3. Description of the impacts and Net Effect of the project on terrestrial and
aquatic animals, habitat, and food chain.
V. Terrestrial and Aquatic Plant Life Assessment.
Description and map of existing terrestrial and aquatic plant life, including
location, type and density and threatened or endangered plant species and
habitat.
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2. Descriptions of the impacts and Net Effect of the project on terrestrial and
aquatic plant life.
W. Vegetation and Weed Management Plan
A written description of the species, character and density of existing
vegetation on the site and summary of potential impacts to vegetation as a
result of the project.
2. A plan that includes:
a. Removal of existing vegetation no more than thirty (30) days prior
to commencement of initial site grading;
b. Revegetation of areas that have been filled, covered or graded as
soon as practicable;
C. Use of site -specific native seed mix, with the exception of any
landscaped areas and use of mulching to support vegetation
growth;
d. Topsoil from disturbed areas stripped and stockpiled on -site for
redistribution over the completed final grade; stockpiling that
conforms to best management practices and ensures that soil
organisms in stockpiled soil remain viable until completion of the
redistribution process. -
A plan that addresses all County -listed noxious weeds found on site and
includes:
a. Inventory and map showing the locations of County -listed noxious
weeds.
b. Ongoing weed control at all locations disturbed by the project and
along access roads during construction and operational phases,
X. Hazardous Materials Description.
Description of all hazardous, toxic, and explosive substances to be used,
stored, transported, disturbed, or produced in connection with the project,
including the type and amount of such substances, their location, and the
practices and procedures to be implemented to avoid accidental release
and exposure.
2. Location of storage areas designated for equipment, fuel, lubricants, and
chemical and waste storage with an explanation of spill containment
structures.
Y. Fire Protection.
Letter from Fire Protection District, Department or Agency. A letter from the
applicable fire protection district, department or agency stating that the
project has been adequately designed to handle the storage of flammable
or explosive solids or gases and that the methods comply with the national,
State, and local fire codes and that the fire protection provider has
adequate resources to provide fire protection.
2. Fire Protection Plan. A plan that includes:
a. Documetation of types of construction for all structures on -site.
b. Full disclosure of all types of chemicals to be used or stored on -site,
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their locations, and information regarding safe exposure levels, fire
risks, and treatment and supression techniques.
Z. Monitoring and Mitigation Plan.
1. Description of all Mitigation that is proposed to avoid, minimize, or
compensate for adverse impacts of the project and to maximize positive
Impacts of the project.
a. Describe how and when Mitigation will be implemented and
financed.
b. Describe impacts that are unavoidable that cannot be mitigated.
2. Description of methodology used to measure impacts of the project and
effectiveness of proposed Mitigation measures.
3. Description, location, and intervals of proposed monitoring to ensure that
Mitigation will be effective.
AA. Additional Information May Be Necessary.
The Director may request that the Applicant supply additional information related to the
project if the BOCC will not be able to make a determination on any of the approval.
'14-402. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO AREAS AROUND AN
AIRPORT OR HELIPORT.
In addition to the submittal requirements in section 14-401, Description of Submittal
Requirements, an application proposing to develop land use in areas around Airports and
Heliports will require the following submittals:
A. Location Map.
A map or drawing showing the location of the subject property in relation to Airport
Imaginary Surfaces.
B. Elevation Profiles and Site Plan.
Elevation profiles and a Site Plan including:
1. Location of existing and proposed structures in relation to Airport/Heliport
Imaginary Surfaces.
2. Height of all existing and proposed structures, measured in feet above
mean sea level.
C. Written Agreements for Height Exception.
Written agreements from the Airport/Heliport Sponsor and the FAA, if a height exception
is requested.
D. Declaration of Anticipated Noise Levels.
A declaration of anticipated noise levels for property located within Noise Impact Area
Boundaries. For noise sensitive land use located in areas where the noise level is
anticipated to be at or above 55 Ldn, the Applicant will be required to demonstrate that a
noise abatement strategy will be incorporated into the building design that will achieve an
indoor noise level equal to or less than 55 Ldn.
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E. Avigation Easement.
An avigation easement dedicated to the Airport owner in a form acceptable to the Airport
Sponsor. The avigation easement will allow unobstructed passage for aircraft and ensure
safety and use of the Airport for the public.
+14-403. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO DEVELOPM&NT IN
AREAS AROUND RAPID OR MASS TRANSIT FACILITIES.
In addition to the submittal requirements in section 14-401, Description of Submittal
Requirements, development in areas around Rapid or Mass Transit Facilities will require the
following additional submittals:
A. Traffic Relationships.
One or more maps at sufficient scale showing the location of the proposed development
and its relationship to the Rapid or Mass Transit Station or Terminal and the Interchanges,
streets, Highways, parking lots, and public facilities which are adjacent to or form an
integral part of the operation of the Rapid or Mass Transit Facility.
B. Traffic Generation.
A narrative description of the motor vehicle, bicycle, and pedestrian traffic likely to be
generated by the proposed development including, but not limited to, traffic generation at
various times of the day, potential congestion, and potential demand for parking generated
by the development.
C. Traffic Impacts.
A narrative description of the impacts of the proposed development to the Rapid or Mass
Transit Facility.
D. Traffic Access.
Maps or diagrams illustrating the vehicular, pedestrian, and bicycle routes that can be
utilized to gain access between the proposed development and the adjacent Rapid or
Mass Transit Facility.
14-404. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO MUNICIPAL AND
INDUSTRIAL WATER PROJECTS.
A. Efficient Water Use.
Description of efficient water use, recycling, and reuse technology the project intends to
use.
B. Municipal and Industrial Water Projects.
Map and description of other municipal and industrial water projects in the vicinity of the
project, including their capacity and existing service levels, location of intake and
discharge points, service fees and rates, debt structure, and service plan boundaries and
reasons for and against hooking on to those facilities.
C. Demand.
Description of demands that this project expects to meet and basis for projections of that
demand.
14-405. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION OF
SOLID WASTE DISPOSAL SITES.
[Placeholder for future regulations, should any be adopted by the BOCC.]
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14-406. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION OF
MAJOR NEW DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS. _
[Placeholder for future regulations, should any be adopted by the BOCC]
'14-401. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION OF
MAJOR EXTENSIONS TO EXISTING DOMESTIC WATER AND SEWAGE
TREATMENT SYSTEMS.
[Placeholder for future regulations, should any be adopted by the BOCC.]
'14-408. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION
FOR ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR HIGHWAYS.
In addition to the submittal requirements set forth in section 14-401, Description of Submittal
Requirements, an application proposing Arterial Highways, Interchanges, or Collector Highways
will include the following information.
A. Traffic Patterns.
Description of how the project will affect traffic patterns as well as nonmotorized traffic.
B. Surrounding Land Uses.
Description of how the new roads will likely affect surrounding land uses and existing
community patterns.
C. Traffic Demands.
Description of how new roads will serve community traffic demands.
D. Compliance.
Description of how new roads will comply with other local, state, and federal regulations
and master plans.
14-409. ADDITIONAL SUBMITTAL REQUIREMENTS FOR SITE'SELECTION FOR RAPID OR
MASS TRANSIT TERMINALS OR STATIONS.
In addition to the submittal requirements set forth in section 14-401, Description of Submittal
Requirements, an application proposing Terminals or Stations associated with a Rapid or Mass
Transit System will include the following information.
A. Type of Mechanical Transit Conveyance.
Description of the type or types of mechanical transit conveyance that will be utilized to
carry passengers to and from the Station or Terminal, and a description of the means of
access to and from the Station or Terminal including pedestrian, bicycle, automotive, bus,
carpool, gondolas, lifts, and other intermodal connections either existing or reasonably
foreseen to be developed in the area.
B. Analysis of Passengers.
An analysis of the passengers that will utilize the proposed facility. Such analysis will be
based on the best information available and will include:
1. Whether the passengers will be utilizing the Rapid or Mass Transit System
to travel to and from employment or for some other purpose;
2. The number of automobiles that the passengers will drive to the Station or
Terminal at or just before any scheduled departure;
3. The number of passengers that will likely ride only one way on any given
day; and
4. The number of passengers that can be expected to bring baggage,
recreational equipment, tools, or other material.
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C. Anticipated Schedule.
The anticipated schedule of departures and arrivals at the Station or Terminal and the
expected capacity of each transit unit. Separate figures will be given for peak and off-
peak hours, weekdays and weekends, and peak and off-peak seasons.
D. Maximum Length of Any Train.
The maximum length of any train that will serve the Station or Terminal, excluding
propulsion units.
E. Basic FIoor Plan and Architectural Sketches.
Basic floor plans and architectural sketches of each proposed building or structure
together with a Site Map showing the relative location of each building or structure. Such
plans and sketches will show the location and length of platforms to be used to load and
unload passengers.
F. Map of All Associated Roadways, Parking Areas and Other Facilities.
A map of all associated roadways, parking areas, and other facilities. Design details such
as width, layout, traffic flow, pavement markings, and traffic control devices will either be
illustrated on the map or adequately described in supporting documents.
'14-410. ADDITIONAL SUBMITTAL REQUIREMENTS FOR SITE SELECTION FOR FIXED
GUIDEWAYS. _
In addition to the submittal requirements set forth in section 14-401, Description of Submittal
Requirements, an application proposing a fixed guideway will include the following information:
A. Type of Motive Power.
Description of the type of motive power that will be used to propel transit vehicles along
the guideway (e.g. diesel, electric, electrified third rail, catenary system).
B. Minimum and Optimum Width of Right -Of -Way.
Description of the minimum and the optimum width of the right-of-way necessary for the
guideway, together with maps showing the proposed right-of-way, including its location
within incorporated municipalities. Such maps or supporting documentation referring to
the maps will also indicate the maximum anticipated speed of transit vehicles along the
various segments of the guideway.
C. Minimum and Maximum Passenger Capacity.
Description of the minimum and maximum passenger capacity of the transit vehicles that
will travel on the guideway and the anticipated frequency or scheduling of guideway use.
D. Maximum Length of Any Trail.
Description of the maximum length of any trail that will travel upon the guideway with
separate figures for the length of passenger carrying units and for propulsion units.
Self-propelled units will be considered as passenger units.
E. Maximum Proposed Grade.
The maximum proposed grade of the guideway and the maximum curvature. Proposed
curves in excess of 10 degrees will be indicated on the map.
F. Building or Structure Removal.
Description of all buildings or other structures that must be removed in order for the
proposed guideway to be built.
G. Methods Planned to Prevent Collision.
Description of the methods planned to prevent collisions at points where the proposed
guideway crosses other Transportation Corridors.
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114-411. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION
FOR AIRPORT OR HELIPORT LOCATION OR EXPANSION.
1n addition to the submittal requirements in section 14-401, Description of Submittal
Requirements, an application proposing to locate or expand an Airport or Heliport will require
the following submittals:
A. Airport Layout Plan.
Airports will be developed in accordance with an FAA -approved Layout Plan, or a Layout
Plan approved by the BOCC, complying with FAA Advisory Circular 150/5300-13A and
the current Northwest Mountain Region Airport Layout Plan Checklist.
B. Heliport or Helistop Layout Plan.
Heliports and Helistops will be developed in accordance with an FAA -approved Layout
Plan, or a Layout Plan approved by the BOCC complying with FAA Advisory Circular
150/5390-2. The plan will be sufficient to depict the design, the layout of existing and
planned facilities and features, ground contours at 10-foot intervals, the Building
Restriction Lines, the relationship of the Final Approach and Takeoff Area (FATO), the
Touchdown and Lift-off Area (TLOF), the safety area and the Approach/Departure and
Transitional Surfaces (as defined in FAA Advisory Circular 150/5390-2) to the land
parcel(s) on which the Heliport/Helistop is to be located and to adjoining land parcels.
Approach profiles will depict the composite profile based on the highest terrain across the
width and along the length of each approach surface (Helistop approach surface profiles
are required for the inner 1,000 feet only).
C. Description of Effect.
Description of effect on State and local economic and transportation needs.
14412. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO MINING
- - OPERATIONS IN MINERAL RESOURCE AREAS. -
In addition to the general submittal requirements in section 14-401, the following submittal
requirements shall apply to Mining Operations in Mineral Resource Areas, including the
modification of existing Mining Operations. The Applicant may submit materials submitted to
Colorado Division of Reclamation Mining and Safety (DRMS) and state or federal permitting
agencies that are responsive to these requirements to avoid unnecessary duplication.
A. Waiver.
The Director may waive one or more of these submittal requirements when the
information would not be relevant to a determination as to whether the project complies
with the approval criteria.
B. Information Describing the Project.
1. Maps.
a. Site Plan. The site plan required in section 14-401.C.5.b shall also
include the following, shown by location and dimension:
(1) Leach ponds;
(2) Ore stockpiles including leach stockpiles;
(3) Waste rock piles and dumps;
(4) Ponds;
(5) Disposal systems;
(6) Pits;
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(7) Tailings impoundments;
(8) Mills and other processing facilities;
(9) Water treatment facilities;
(10) Storage areas;
(11) Borrow pits, topsoil, and topdressings storage;
(12) Staging areas;
(13) Existing and proposed roads that will be used for the Mining
Operation, shown by location and dimension;
(14) All geothermal hot springs and spas located in the Impact
Area and identification of the geothermal resources that
provide the source water for each; and
(15) All caves and karst formations and cave resource areas in
the Impact Area.
(16) All other major facilities or structures.
b. Description of any abandoned or existing mine within five (5) miles
of the affected lands, including a map showing the location and type
of pits, stockpiles, adits, shafts, processing facilities, and other mine
facilities and works.
C. A map showing surface and mineral ownership and leases and
name, address, and telephone number for each owner and lease
holder.
2. Project Description. Narrative description of the type and mineralization of
ore body; the types and methods of proposed mineral extraction,
stockpiling, and processing; the required mine units, facilities and
infrastructure; the mining, stockpiling, processing and engineering
techniques; the target minerals; the total number of tons to be extracted;
the total number of tons to be stockpiled, stored or impounded in each mine
unit; the total number of acres of land that will be disturbed and a
breakdown of the disturbed acreage by type of disturbance, including each
mine unit, road network, infrastructure and structure; and any other
description necessary for a complete understanding of the proposed
Mining Operation.
C. Reports, Plans and Assessments.
1. Mining Plan. A plan describing the Mining Operation, that includes:
a. Description of the method(s) of mining to be employed in each
stage of the operation as related to any surface disturbance on
affected land;
b. Site preparation and extent of surface disturbance;
C. All water diversions and impoundments;
d. Size of area(s) to be worked at any one time.
e. Approximate timetable for the Mining Operation showing the
relationship between mining and reclamation during the different
phases of a Mining Operation. information will include:
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(1) Estimate of the periods of time which will be required for the
various phases of the operation;
(2) Description of the size and location of each area to be
worked during each phase; and
(3) Outline of the sequence in which each phase of the Mining
Operation will be carried out.
f. Description of primary and secondary commodities to be mined and
the intended use;
g. Description of the intended use of all expected incidental products
to be mined.
h. Estimated 5-year interval mining plan including cross sections
clearly showing each of the following;
(1) Phasing of mining on a 5-year interval basis;
(2) Depth and configuration of existing and/or proposed mining;
(3) Quantity and location of topsoil removed and proposed
location of any topsoil stockpile;
(4) Quantity and location of overburden removed and location
of any overburden stockpile; and
(5) Existing contours and 5-year interval contours.
L A final mining plan including cross sections clearly showing the
following:
(1) Final depth and configuration of mining site;
(2) Quantity and location of overburden, mining waste products
and any by-products;
(3) Final contours and cross sections of mining site;
(4) Plan and cross sections for final placement of overburden.
2. Extraction and Processing Plan. A description and maps showing:
a. Open pits and underground mining facilities including location,
depth, size, acreage and geology.
b. Material handling and processing facilities, including crushing,
milling, concentrating, smelting and solvent extraction and
electrowinning.
C. Ancillary facilities, including sumps, tanks pipelines, transportation,
conveyors, and offices. The description will include the location,
purpose, construction material, and dimensions and capacity.
d. Storage and disposal facilities, including tailings, process water,
and stormwater impoundments, drainage channels, leach pads,
waste rock stockpiles, and slag and residue piles. The description
will include the location, purpose, lining material and storage or
disposal capacity;
e. Process and domestic water, including the location, construction
method and material, dimension and capacity of wells, meters and
pipes
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f. A mass balance table describing the quantity of each type of
material mined or disturbed each year, including but not limited to
soil, overburden, barren water (less than 0.1 % sulfur), waste, ore,
tailings, and quantities of material disturbed for roads and site
grading into and out of stockpiles.
3. Storage, Disposal, and Maintenance of Ore Stockpile, Tailings, Waste
Rock, and High Walls Plan. A plan, prepared by a professional engineer,
for handling each material extracted, processed, stored, deposited,
exposed or disposed, and each facility for such use, in a manner that will
not cause or contribute to the contamination of surface or groundwater
above applicable standards. The plan will take into consideration the
amount, intensity, duration, and frequency of precipitation and the
watershed area, including the topography, geomorphology, soils, and
vegetation. Liners and secondary containment and leak detection will be
required for all mine units that have the potential to discharge contaminants
into groundwater and contaminate the groundwater above applicable
standards.
4. Blasting Plan. A plan, prepared by a qualified blasting firm or engineer, that
describes:
a. Maximum weight of explosives to be detonated on each occurrence
b. Type of explosive agent;
C. Maximum pounds per delay;
d. Method of packing and type of initiation device to be used for each
hole;
e. Blasting schedule; and
f. Measures to ensure that off -site areas will not be adversely affected
by blasting.
5. Air Quality.
a. Air Quality Modeling, Monitoring and Mitigation.
(1) Air Quality Modeling Plan. A plan for modeling to be
conducted by a third -party consultant that provides for
emissions inventories and air quality impact studies based
upon proposed equipment use and project phases.
(2) Air Quality Monitoring Plan. A monitoring plan that provides
for:
(a) Pre -development baseline ambient air quality testing
completed by a consultant if approval from
surrounding surface owners can be obtained.
(b) Air quality monitoring program conducted by a
consultant mutually agreed to by both the Applicant
and the County and paid for by Applicant. The
program will require monitoring for all potential
emissions, including initial air quality measurements
and an ongoing monitoring program, including
monitoring of dust from equipment and stockpiles, to
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ensure that during operation dust leaving the subject
property does not exceed initial air quality levels.
(c) Additional monitoring as needed to respond to
emergency events. Applicant will provide site access
to the County's third -party inspector as needed to
allow air sampling to occur.
(3) Air Quality Mitigation Plan. A plan that demonstrates
compliance with air quality standards in Division 5 of this
Article.
6. Odor Management Plan. A plan to mitigate the emission of detectable
odors by the Mining Operation and to ensure that the Operation will not
create a public nuisance.
7. Dust Suppression Plan. A plan for dust suppression and control on -site and
for access roads and haul routes, including:
a. Minimizing the disturbed area.
b. Reducing vehicle speeds.
C. Instituting a high wind restriction on construction activities.
d. Sprinkling access and haul roads and other exposed dust -
producing areas with water or chemical stabilizers using
manufacturer's recommended application rates, avoiding over -
application and preventing runoff of chemical stabilizers into any
public right-of-way, storm drainage facility, or waterbody.
e. Planting vegetation appropriate for retaining soils or creating a wind
break.
f. Installing cover materials during periods of inactivity or during local
wind speeds greater than 30 miles per hour and properly anchoring
the cover.
g. Placing wood chips, gravel or other effective mulches on vehicle
and pedestrian use areas.
h. Maintaining the proper moisture condition in all fill material.
I. Pre -wetting cut and fill surface areas.
j. Use of fabric fencing and truck tarps and installing entry and exit
aprons, steel grates or other equivalent devices to remove bulk
material from tires.
8. Groundwater Information for Mining Operations.
a. Locate on a map all tributary water courses, wells, springs, stock
water ponds, reservoirs and ditches, on the affected land and within
two (2) miles of the existing or proposed affected lands. On a site -
specific basis, the Director may extend the distance beyond two (2)
miles or reduce the distance below two (2) miles based on the
location of the Mining Operation and the hydrogeology of the
proposed mine location;
b. Identify all known aquifers and related subsurface water -bearing
fracture systems within two (2) miles of the affected lands. In
addition, using available data or information acceptable to the
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Director, provide the general direction and rate of flow of
groundwater in these aquifers and fracture systems. On a case -by -
case basis, the County may require hydrologic testing and analysis,
where available information is inadequate to describe or address
potential impacts to groundwater resources;
C. Describe all geologic media down to and including the upper most
aquifer under proposed sites of material storage, stockpiles, waste
piles, disposal sites, solution containment facilities and other sites
within the existing or proposed affected land where such subsurface
materials and any associated waters have the potential to be
contaminated by designated chemicals used in the extractive
metallurgical process or by materials that are toxic or acid-forming,
or that produce acid mine drainage;
d. Map locating known major fracture systems that affect rock
formations under proposed sites of material storage, stockpiles,
waste piles, disposal sites, solution containment facilities and other
sites within the existing or proposed affected land where such
fractures and any associated waters have the potential to be
contaminated by toxic or acid-forming materials or designated
chemicals used in extractive metallurgical process or that produce
acid mine drainage; and
e. Describe and illustrate the hydrogeology of the area where surface
or groundwater may be impacted by the Mining Operation. Include
in the description and illustration, those geologic strata and fracture
systems that have the potential to transmit groundwater.
9. Groundwater Baseline Quality Data for Mining Operations.
a. Indicate the existing and reasonably potential future groundwater
uses on and within two (2) miles down -gradient of the affected
land. On a site -specific basis, the Director may extend the distance
beyond two (2) miles or reduce the distance below two (2) miles
based on the location of the Mining Operation and the hydrogeology
of the location of the Operation.
b. Submit, at a minimum, groundwater quality data collected during
five (5) successive calendar quarters, or as specified by the
Director, as may be necessary to adequately characterize baseline
conditions. This baseline data will be sufficient to provide for the
proper design of facilities, to serve as a basis for the evaluation of
impacts of the Mining Operation, and to ensure the adequacy of
proposed maintenance and mitigation.
10. Water Quality Monitoring and Mitigation Plan. A plan to mitigate adverse
impacts to water quality, including:
a. An inventory and location of all water bodies within the Impact Area,
and the current classifications and standards assigned to those
water bodies.
b. An inventory of all water wells in the Impact Area. To the extent
permission can be obtained, water wells both on- and off -site will
be measured and logged for quantity and quality of water prior to
permit approval to establish a baseline from which the impacts of
the Mining Operation can be measured.
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C. The baseline and process for monitoring changes to water quality
associated with the Mining Operation. The plan will demonstrate
how the mine will comply with the standards in Division 5 of this
Article and include:
(1) Key stream segments, other waterbodies, and groundwater
to be monitored.
(2) Locations for and frequency of sampling and monitoring to
establish baseline of existing conditions including existing
water quality, aquatic life and macro -invertebrates, and
groundwater data.
(3) Key indicators of water quality and stream health, and
threshold levels that will be monitored to detect changes in
water quality and health of the aquatic environment.
(4) Locations for and frequency of sampling and monitoring for
key indicators of water quality and stream health, including
but not limited to constituents associated with the Mining
Operation.
(5) Locations for and frequency of sampling and monitoring to
measure effectiveness of water quality mitigation during the
life of the Mining Operation.
(6) Mitigation steps that will be implemented to avoid
degradation of water bodies if monitoring of key indicators
reveals potential water quality degradation.
d. A plan for mitigation of potential adverse impacts to water quality
that includes best management practices for construction and
operational phases of the mine such as:
(1) Prohibition of routine vehicle and machinery maintenance
within 300 feet of a waterbody.
(2) Requirement for all fueling to occur over impervious
material.
(3) Prohibition of off -site discharge of fluids, except pursuant to
an approved discharge permit.
11. Water Availability Report. A report that includes a detailed description and
analysis of the potable and non -potable sources of water for each phase of
the operation, including:
a. A description and analysis of the total demand for and uses of both
potable and non -potable water, including fire protection.
b. Description of available water sources and water rights and the
estimated impact of other water users who depend on sources that
are the same or interconnected with those of the Mining Operation.
C. Description of the environmental impacts associated with each
source of water.
d. Demonstration of how the water demand will change over the life of
the Mining Operation, through closure and final reclamation, and
how that changing demand will be met.
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e. Demonstration of the availability of potable and non -potable water
to meet all projected demands for 99 years. If final reclamation and
closure of the Mining Operation is estimated to occur less or more
than 99 years from the date operations commence, the report will
demonstrate water availability through the date of final reclamation
plus ten (10) years.
12. Assessment of Impacts to Geothermal Resources. An assessment of the
adverse impacts to geothermal resources and to the quality or function of
spas and hot springs in the Impact Area that rely on geothermal resources.
13. Assessment of Cave and Karst Formations.
A report that includes a detailed assessment of features, characteristics
and values of the cave and karst formations and cave resources in the
Impact Area, including:
a. Biota. Value as seasonal or year -long habitat for organisms or
animals, or presence of species or subspecies of flora or fauna that
are native to caves, or are sensitive to disturbance, or are sensitive,
threatened, or endangered species.
b. Cultural. Historic properties or archaeological resources (as
described in 38 CFR 60.4 and 43 CFR 7.3) or other features that
are included in or eligible for inclusion in the National Register of
Historic Places because of their research importance for history or
prehistory, historical associations, or other historical or traditional
significance.
C. Geologic/Mineralogic/Paleontologic.
(1) Geologic or mineralogic features that are fragile, or that
exhibit interesting formation processes, or that are
otherwise useful for study.
(2) Deposits of sediments or features useful for evaluating past
events.
(3) Paleontologic resources with potential to contribute useful
educational or scientific information.
d. Hydrologic. Part of a hydrologic system or contains water that is
important to humans, biota, or development of cave resources.
e. Recreational. Recreational opportunities or scenic values.
f. Educational or Scientific. Opportunities for educational or scientific
use; or, the cave is virtually in a pristine state, lacking evidence of
contemporary human disturbance or impact; or, the cave's length,
volume, total depth, pit depth, height, or similar measurements are
notable.
g. Description of the immediate and long-term impacts and Net Effects
of the Mining Operation on caves, karst formations and cave
resources.
14. Spill Prevention Control and Countermeasures Plan. A plan addressing
spill prevention and countermeasures consistent with 40 CFR part 112 that
includes:
a. Baseline assessment of conditions of the soils within the Impact
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Area.
b. Plan for monitoring conditions of the soil for the life of the Mining
Operation and for sampling of the soil after the operation closes.
C. Measures, procedures and protocols for spill prevention, storage
and containment.
d. Measures, procedures and protocols for reporting spills and storage
to the County, state and federal officials that provides for the
following.
(1) Spills and releases of any size which impact or threaten to
impact any waters of the State, residence or occupied
structure, livestock, or public byway will be verbally reported
to the County as soon as practicable, but not more than
twenty-four (24) hours after discovery.
(2) Spills and releases of any size which impact or threaten to
impact any water supply area will be verbally reported to the
County immediately after discovery.
(3) Spills, chemical spills and releases will be reported in
accordance with applicable state and federal laws, including
the Emergency Planning and Community Right to Know Act,
the Comprehensive Environmental Response,
Compensation and Liability Act (CERCL A), and the Clean
Water Act, as applicable. Applicant will provide the County
with a copy of any self -reporting submissions that Applicant
provides to any agency.
e. Measures, procedures, and protocols for clean-up and contingency
and description of the financial security for these provisions.
Impacts resulting from spills and releases will be investigated and
cleaned up as soon as practicable.
f. County, or its designee, may undertake prevention, control,
countermeasure, containment, and clean-up measures if the
Applicant fails to comply with its obligations under the Spill
Prevention Control and Countermeasures Plan and that the
Applicant will pay all costs incurred by the County for any such
measures.
15. Mine Waste Water and Hazardous Materials Management Plan. A plan that
provides for:
a. Storage, use and maintenance of all fuel, chemicals, oil, grease and
blasting agents in such a manner as to prevent accidental discharge
into any surface or ground water.
b. Elimination of use of chemical mining processing such as heap
leach mining unless the use of such materials or chemical mining
process is essential and will not have an adverse impact upon the
public health, safety, and welfare or the environment. Avoid
transportation of such materials to the maximum extent feasible.
C. Disposal of mine wastes that may retain hazardous chemicals,
heavy metal residues or radioactive material pursuant to applicable
state or federal requirements. Hazardous or radioactive mine
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wastes will not be used for backflling.
d. Treatment, storage and disposal of non -hazardous mine wastes in
accordance with local, state and federal requirements. Non-
hazardous mine wastes will be covered and graded to allow surface
drainage and ensure long-term stability.
e. Location of mine waste piles or impoundments to prevent surface
water runoff from entering the mines, waste piles or other
structures. Any structures will divert surface water runoff from mine
waste piles or impoundments containing water that has been
contaminated during Mining Operations. Use of liners or other
specific technologies or siting and design measures to prevent
seepage of leachate from mine wastes into ground water.
16. Noise Assessment, Mitigation and Monitoring Plan. A survey of ambient
noise levels and assessment of the noise impacts of the Mining Operation,
and a plan for monitoring and mitigation of the impacts, including:
a. An ambient noise survey for affected lands at baseline and during
all phases of the Mining Operation, prepared by a qualified
consultant. The survey shall include:
(1) Measurement of existing noise levels on the site and at
locations both on- and off -site that may be affected by the
operation.
(2) Documentation of the ambient noise level prior to beginning
each phase of the operation.
(3) Identification of sources of noise by each phase of the
operation.
b. A description of how the Mining Operation will comply with the
standards in Division 5 of this Article, including an assessment of
the potential noise impacts and details of how the noise impacts will
be mitigated.
(1) In determining noise mitigation, specific site characteristics
will be considered, including but not limited to:
(a) Nature and proximity of adjacent development.
(b) Seasonal and prevailing weather patterns, including
wind directions.
(c) Vegetative cover on and adjacent to the affected
lands.
(d) Topography.
(2) Mitigation measures including but not limited to best
management practices such as:
(a) Restrictions on hours of operation, enclosure of
equipment and operations, buffering and screening,
limitations on hours of truck traffic, and siting of
operations away from sensitive uses and activities.
(b) Measures to control on -site noise generated by truck
traffic used by the Mining Operation including
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restrictions on the use of jake brakes on- or off -site
except in emergencies, banging of tailgates or use
of horns on -site, reduction of noise from or
implementation of alternative back up beepers, and
regulation of truck speeds. Such measures will be
imposed pursuant to noise standards indicated in
14-508.M, Table 1, Maximum Permissible Noise
Levels for Mining Operations except in contradiction
of state or federal requirements.
(3) A program for periodic noise monitoring.
17. Grading, Erosion, and Sediment Control Plan. A plan that demonstrates
how the project will be designed to meet the standards in Division 5 of this
Article, and includes:
a. Existing (dashed lines) and proposed (solid lines) contours at two -
foot intervals or other contour intervals approved by staff.
b. Narrative description and scaled drawings of specific erosion and
sediment control measures, including approximate locations of
drainage facilities and drainage patterns on the affected land; and
Wetlands or other water bodies receiving storm runoff from the
affected land. Typical erosion control measures should be depicted
using and standard map symbols.
C. Construction schedule, indicating the anticipated starting and
completion time periods of the site grading and/or construction
phases including the installation and removal of erosion and
sediment control measures, and the estimated duration of exposure
of each area prior to the completion of temporary erosion and
sediment control measures.
d. Estimated total cost of the required temporary soil erosion and
sediment control measures, to determine performance guarantees
for the proposed plan.
e. Calculations made for determining rainfall runoff and sizing of any
sediment basins, diversions, conveyance, or detention/ retention
facilities.
18. Road Improvements and Maintenance Plan. A plan that includes:
a. Maintenance practices on the proposed travel routes, including
without limitation, grading of unpaved roads, dust suppression,
vehicle cleaning necessary to minimize re -entrained dust from
adjacent roads, snow and ice management, sweeping of paved
roads/shoulders, pothole patching, repaving, crack sealing, and
chip sealing necessary to maintain an adequate surface of paved
roads along the proposed route; and
b. Any necessary physical infrastructure improvements to ensure
public safety for all modes of travel along travel routes to and from
the site.
C. Access Roads:
(1) Location, improvements and maintenance of access points
to public roads to assure adequate capacity for efficient
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movement of existing and projected traffic volumes and to
minimize traffic hazards.
(2) Improvement of access roads a minimum distance of 200
feet on the access road from the point of connection to a
public road. The access road shall be improved as a hard
surface (concrete or asphalt) for the first 100 feet from any
paved public road and then improved as a crushed surface
(concrete or asphalt) for 100 feet past the hard surface in
the appropriate depth to support the weight load
requirements of the vehicles accessing the well and
production facilities.
(3) If an access road intersects with a pedestrian trail or walk,
paving the access road as a hard surface (concrete or
asphalt) a distance of 100 feet either side of the trail or walk
and if necessary, replacing the trail or walk to address the
weight load requirements of the vehicles accessing the
project.
(4) Restriction of access to the affected lands during post -
Mining Operations by fencing or other means if there are
impoundments retaining water contaminated with harmful or
hazardous materials or hazardous conditions remain
present on the affected lands.
d. Access to the affected lands during post -Mining Operations will be
restricted by fencing or other means if there are impoundments
retaining water contaminated with harmful or hazardous materials
or hazardous conditions remain present on the affected lands.
19. Transportation Plan
a. A map and plan showing the proposed routes to be used by trucks
and other equipment to haul materials to and from the Mining
Operation. The Plan shall identify all necessary easements, rights
of ways, and legal authorities for utilizing proposed routes. The Plan
shall identify all measures necessary to ensure the safety and
quality of life experience of other users of the county transportation
system, adjacent residents, and affected property owners, including
without limitation:
(1) Map indicating proposed trip routes for all traffic serving the
mining operation during all phases of development and
operations
(2) Routes will be designed to avoid to the greatest extent
possible residential areas, commercial areas,
environmentally and visually sensitive areas, schools and
other civic buildings, municipalities and already congested
locations.
(a) When a proposed route includes streets within a
municipality, the County will consult with the
applicable municipal government to establish
appropriate routes.
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(b) When a proposed route is located near a developed
area, the County will weigh the advantages of a
shorter haul route with decreased haulage trips
against other potential impacts to residential or
tourist areas.
(3) Limit traffic on public roads during seasons when heavy
vehicle use, weather conditions, or water saturation may
result in significant damage.
(4) Restrict weight of trucks so that they do not exceed road or
bridge weight capacity established by the County or a
municipality, or federal or state requirements.
(5) Operational measures to minimize impacts to the public
including, but not limited to, time of day, time of week,
vehicle fuel and emissions reduction technology, noise
minimization, and traffic control safety measures;
(6) For each segment of the proposed route in the County.
indicate the types, sizes, weight, number of axles, volumes,
and frequencies (daily, weekly, total) and timing (times of
day) of all vehicles to be used for the proposed mining
operation.
20. Vibration Assessment and Mitigation Plan
a. Assessment of the projected construction and operational vibration
impacts at the boundary of the affected lands.
b. A plan to mitigate construction and operational vibration impacts at
the boundary of the affected ands.
C. Assessment of the Net Effect of vibrations at the boundary of
affected lands.
21. Vegetation and Weed Management Plan. The plan shall include
reclamation and revegetation of temporary access roads associated with
the Mining Operation to the original state within sixty (60) days after
discontinued use of such roads.
22. Reclamation Plan. A detailed plan showing proposed reclamation with time
schedules. The plan shall include:
a. Finish contours, grading, sloping; types, placement, and amount of
vegetation.
b. Plans for land use after Mining Operation.
C. Copy of proposed reclamation submitted to DRMS.
d. Permit approval will be conditioned on receipt of the approved
DRMS Reclamation Permit to County.
23 Geologic and Natural Hazards Assessment and Mitigation Plan.
a. Geologic and Natural Hazards Report. A report detailing the natural
and geological characteristics on -site, and within one (1) mile of the
affected lands, prepared by a registered engineer or geologist. The
report will include a geotechnical assessment of all geologic
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hazards that have the potential to affect the Mining Operation and
which may be de -stabilized or exacerbated by the operation.
b. Geologic and Natural Hazard Mitigation Plan. A plan for mitigating
impacts to the Mining Operation from geologic and natural hazards
and impacts of the Mining Operation on geologic and natural
hazards.
24. Lighting Plan. A plan for installation of down cast lighting or some other
form of lighting that mitigates light pollution and spill -over onto adjacent
properties; provided, however, that the plan shall provide for the use of
lighting that is necessary for public and occupational safety.
25. Emergency Preparedness and Response Plan. A plan that addresses
events such as: explosions, fires, toxic emissions, transportation of
hazardous material, and vehicle accidents or spills. The plan must include
proof of adequate personnel, supplies, and funding to immediately
implement the emergency response plan at all times for each phase of the
Mining Operation.
DIVISION 5. 1041 PERMIT APPROVAL STANDARDS.
Approval of a 1041 Permit will be based on whether the project satisfies the following approval
standards.
14-501. GENERAL APPROVAL STANDARDS.
The following general standards will apply to all applications subject to review under this Article:
A. Necessary Property Rights, Permits and Approvals.
The Applicant will obtain all necessary property rights, permits, and approvals for the
project prior to any site disturbance. The BOCC may, at its discretion, defer making a final
decision on the application until outstanding property rights, permits, and approvals are
obtained.
B. Expertise and Financial Capability.
The Applicant has the necessary expertise and financial capability to develop and operate
the project consistent with all requirements and conditions.
C. Technical and Financial Feasibility.
The project is technically and financially feasible. This determination may include, but is
not limited to, the following considerations:
1. Amount of debt associated with the proposed activity;
2. Debt retirement schedule and sources of funding to retire the debt;
3. Estimated construction costs and construction schedule;
4. Estimated annual operation, maintenance and monitoring costs; and
5. Market conditions.
D. Compatibility with Surrounding Land Uses.
The project will be located and conducted in such a manner as to be compatible with
surrounding land uses. The proposed operation will be located so as to mitigate
cumulative impacts to roads, air, and water quality.
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E. Risk from Natural Hazards.
The project is not subject to significant risk from natural hazards. This determination may
include, but is not limited to the following considerations:
1. Faults and fissures;
2. Unstable slopes including landslides, rock slides, and Avalanche Areas;
3. Expansive, evaporative or hydro-compactive soils and risk of subsidence;
4. Wildfire hazard areas; and
5. Floodplains.
F. Control of Fire Hazards.
The project will not create an unreasonable risk of fire hazard.
G. Conformance with PIans.
The project will be in conformance with the County's Comprehensive Plan, municipal
master plans, and any other applicable plans.
H. Effect on Local Government Services.
The project will not have a significant adverse effect on the capability of local government
to provide services or on the capacity of service delivery systems. This determination may
include, but is not limited, to the following considerations:
1. Existing and potential financial capability of local governments to
accommodate development related to the project.
2. Current and projected capacity of roads, schools, infrastructure, housing,
and other services and impact of the project upon the capacity.
3. Changes caused by the project in the cost of providing education,
transportation networks, water treatment and wastewater treatment,
emergency services, or other governmental services or facilities.
4. Changes in short- or long-term housing availability, location, cost, or
condition.
5. Need for temporary roads to access phases of the project.
6. Change in demand for public transportation.
7. Change in the amount of water available for future water supply in the
County.
I. Housing.
The project will not have a significant adverse effect on housing availability or cost.
J. Financial Burden.
The project will not create an undue financial burden on existing or future residents of
the County. This determination may include, but is not limited to, the following
considerations
1. Changes in assessed valuation;
2. Tax revenues and fees to local governments that will be generated by the
proposed activity;
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3. Changes in tax revenues caused by agricultural lands being removed from
production;
4. Changes in costs to water users to exercise their water rights;
5. Changes in costs of water treatment or wastewater treatment;
6. Effects on wastewater discharge Permits;
7. Inability of water users to get water into their diversion structures; and
8. Changes in total property tax burden.
K. Effect on Economy.
The project will not Significantly Degrade any sector of the local economy. This
determination may include, but is not limited to, the following considerations:
1. Changes to projected revenues generated from each economic sector;
2. Changes in the value or productivity of any lands; and
3. Changes in opportunities for economic diversification.
L. Recreational Experience.
The project will not have a significant adverse effect on the quality or quantity of
recreational opportunities and experience. This determination may include, but is not
limited to, the following considerations:
1. Changes to existing and projected visitor days, including visitation to
natural attractions, hot springs and theme parks;
2. Changes to duration of kayaking and rafting seasons;
3. Changes in quality and quantity of fisheries;
4. Changes in access to recreational resources;
5. Changes to quality and quantity of hiking trails;
6. Changes to the wilderness experience or other opportunity for solitude in
the natural environment;
7. Changes to hunting; and
8. Changes to the quality of the skiing experience.
M. Conservation.
The project will be planned, designed, and operated in a manner that reflects principles of
resource conservation, energy efficiency and recycling or reuse.
N. Air Quality.
1. The project will not significantly degrade air quality.
2. The determination of impacts of the project on air quality may include but
is not limited to changes to seasonal ambient air quality, changes in
visibility, and microclimates and applicable air quality standards.
O. Visual Quality.
1. The project will not significantly degrade visual quality.
2. The determination of visual effects of the Project may include but is not
limited to:
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a. Visual changes to ground cover and vegetation, waterfalls and
streams, or other natural features;
b. Interference with view sheds and scenic vistas;
C. Changes in appearances of forest canopies;
d. Changes in landscape character types or unique land formations;
and
e. Compatibility of building and structure design and materials with
surrounding land uses.
P. Surface water quality
1. The project will not significantly degrade water quality.
2. The determination of impacts to water quality of the Project may include
but is not limited to:
a. Changes to existing water quality, including patterns of water
circulation, temperature, conditions of the substrate, extent and
persistence of suspended particulates and clarity, odor, color or
taste of water;
b. Applicable narrative and numeric water quality standards;
C. Changes in point and nonpoint source pollution loads;
d. Increase in erosion;
e. Changes in sediment loading to Water Bodies;
f. Changes in stream channel or shoreline stability;
g. Changes in stormwater runoff flows;
h. Changes in trophic status or in eutrophication rates in lakes and
reservoirs;
i Changes in the capacity or functioning of streams, lakes, or
reservoirs;
j. Changes in flushing flows; and
k. Changes in dilution rates of mine waste, agricultural runoff, and
other unregulated sources of pollutants.
Q. Ground water quality.
1. The project will not significantly degrade groundwater quality or
functions.
2. The determination of impacts to groundwater of the project may include
but is not limited to:
a. Changes in aquifer recharge rates, groundwater levels and aquifer
capacity including seepage losses through aquifer boundaries and
at aquifer -stream interfaces;
b. Changes in capacity and function of wells within the Impact Area;
and
C. Changes in quality of well water within the Impact Area.
R. Wetlands and riparian areas.
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1. The project will not significantly degrade wetlands and riparian areas.
2. Any wetlands and riparian habitat mitigation shall be coordinated with
Colorado Parks and Wildlife and the Army Corps of Engineers.
2. The determination of impacts to wetlands and riparian areas of the project
may include but is not limited to:
a. Changes in the structure and function of Wetlands;
b. Changes to the filtering and pollutant uptake capacities of
Wetlands and Riparian Areas;
C. Changes to aerial extent of Wetlands;
d. Changes in species' characteristics and diversity;
e. Transition from Wetland to upland species; and
f. Changes in function and aerial extent of Floodplains.
S. Wildlife (Terrestrial and Aquatic)
1. The project will not significantly degrade terrestrial or aquatic life.
2. Any wildlife habitat mitigation shall be coordinated with Colorado Parks
and Wildlife.
3. The determination of effects of the project on terrestrial or aquatic life may
include, but is not limited to, the following considerations:
a. Changes that result in loss of oxygen for aquatic life;
b. Changes in flushing flows;
C. Changes in species composition or density;
d. Changes in number of threatened or endangered species;
e. Changes to habitat and critical habitat, including calving grounds,
mating grounds, nesting grounds, summer or winter range,
migration routes, or any other habitat features necessary for the
protection and propagation of any terrestrial animals;
f. Changes to habitat and critical habitat, including stream bed and
banks, spawning grounds, riffle and side pool areas, flushing
flows, nutrient accumulation and cycling, water temperature, depth
and circulation, stratification, and any other conditions necessary
for the protection and propagation of aquatic species; and
g. Changes to the aquatic and terrestrial food webs.
T. Plant Life (Terrestrial)
1. The project will not significantly degrade terrestrial plan life or habitat.
2. The determination of effects of the Project on terrestrial plant life or habitat
may include, but is not limited to, the following considerations:
a. Changes to habitat of threatened or endangered plant species;
b. Changes to the structure and function of vegetation, including
species composition, diversity, biomass, and productivity;
C. Changes in advancement or succession of desirable and less
desirable species, including noxious weeds; and
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d. Changes in threatened or endangered species.
U. Vegetation and Weed Management.
The Impact Area will be revegetated and maintained in conformance with the approved
Vegetation and Weed Management Plan and shall not result in intrusion of noxious
weeds or other invasive species.
V. Soils and Geologic Conditions
1. The project will not significantly degrade soils and geologic conditions.
2. The determination of effects of the proposed activity on soils and geologic
conditions may include, but is not limited to, the following considerations:
a. Changes to the topography, natural drainage patterns, soil
morphology, and productivity, soil erosion potential, and
Floodplains;
b. Changes to stream sedimentation, geomorphology, and channel
stability;
C. Changes to lake and reservoir bank stability and sedimentation, and
safety of existing reservoirs;
d. Changes to Avalanche Areas, mudflows and debris fans, and other
unstable and potentially unstable slopes; and
e. Exacerbation of seismic concerns and subsidence.
W. Traffic.
The project will not cause a significant adverse impact on traffic in the Impact Area.
1. The level of service for each affected road segment will not be reduced
over pre -project conditions.
2. The owner will bear the cost of all improvements, repairs, and
maintenance necessitated by the project.
a. If it is determined that the projected use of public roads by traffic
and equipment related to the project will increase traffic above
existing levels of service, or result in a need for increased roadway
maintenance, the owner will enter into an agreement with the
County whereby the owner assumes responsibility for constructing
the necessary improvements to maintain the existing level of
service, and the owner provides for additional road and bridge
maintenance or reimburses the County for such improvements and
maintenance.
b. The owner will maintain financial assurance to secure the
construction, maintenance and repair obligations. The amount of
such financial assurance will be determined by the County.
X. Nuisance.
The project will not interfere with the use and enjoyment of property within the Impact
Area. Such interference shall be deemed a nuisance pursuant to C.R.S. § 30-15-40.
y Areas of Paleontological, Historic or Archaeological Importance.
The project will not significantly degrade areas of paleontological, historic, or
archaeological importance.
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Z. Agricultural Resources.
The project will not cause a significant adverse impact on agricultural lands and
agricultural operations. Compliance with the Agricultural Impact Assessment is required
to meet this standard.
AA. Release of Hazardous Materials.
The project will not result in unreasonable risk of releases of hazardous materials.
BB. Benefits Versus Loss of Resources.
The benefits accruing to the County and its citizens from the project outweigh the losses
of any resources within the County, or the losses of opportunities to develop such
resources.
CC.' Best Alternative. The project represents the alternative that best complies with
this Article and is the least detrimental practicable alternative.
DD. Project Need.
The project is needed within the County and/or area to be served.
EE. Compliance with Required Plans and Reports.
The project will comply with all plans and reports required by the County under Division 4
of this Article.
.14-562. ADDITIONAL STANDARDS APPLICABLE TO RAPID OR MASS TRANSIT
FACILITIES._
In addition to the general standards set forth in section 14-501, the following additional standards
will apply to Rapid or Mass Transit Facilities:
A. Areas Around Rapid or Mass Transit.
Areas around Rapid or Mass Transit Facilities will be administered to:
1. Promote the efficient utilization of the Rapid or Mass Transit Facility;
2. Facilitate traffic circulation patterns of roadways serving the Mass Transit
Facility; and
3. Promote development that will include bike and pedestrian paths providing
access to the Rapid or Mass Transit Facility.
B. Site Selection.
Site Selection of Rapid or Mass Transit Facilities.
1. Activities involving Rapid or Mass Transit Facilities will be conducted with
reasonable considerations to the character of the area and its peculiar
suitability for particular uses.
2. Rapid or Mass Transit Facilities will be located so as to preserve the value
of buildings at the site and avoid demolition of businesses or residences to
the extent possible. Proposed locations of Rapid or Mass Transit Facilities
which will not require the demolition of residences or businesses will be
given preferred consideration over competing alternatives.
3. Rapid or Mass Transit Facilities will be located in a manner that encourages
the most appropriate use of land through the affected corridor.
4. A proposed location of a rapid or Mass Transit Terminal, Station, or Fixed
Guideway that imposes a burden or deprivation on a local government
cannot be justified on the basis of local benefit alone, nor will a Permit for
such a location be denied solely because the location places a burden or
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-43
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II
deprivation on one local government as required by C.R.S. § 24-65.1-
204(4)(c).
5. Stations, Shelters, and Terminals will be appropriately located to meet
transit needs and to attract maximum ridership. The length of passenger
platforms will equal or exceed the maximum length of any train or other
conveyance that will load and unload passengers at the Station.
6. Rapid or Mass Transit Facilities will have adequate and safe ingress and
egress for all transit modes.
7. The location of Fixed Guideways will maximize joint use of rights -of -way for
trails and bikeways and other transportation alternatives.
8. Rapid or Mass Transit Facilities will be designed and located in a manner
that will reduce traffic congestion and resulting air pollution.
9. Rapid or Mass Transit Facilities will be located and designed so as to
minimize noise and to protect and preserve unique natural and cultural
factors and visual amenities.
10. Guideway design and location will not permit snow plumes from snow
removal equipment on the guideway to reach the travel surface of a plowed
public road except at intersections, nor will guideways be placed or
designed so that snow plumes from snow removal equipment on public
roads will reach the guideway. In determining the right-of-way and corridor
alignment for Rapid Transit, consideration will be given to areas needed for
snow storage along the guideway.
11. The parking areas associated with a rapid or Mass Transit Terminal or
Station will be capable of holding a number of automobiles that equals the
number of passengers expected to ride on peak periods multiplied by a
factor of .75 unless the Applicant can demonstrate through studies that a
lesser number is sufficient.
a. The required capacity for parking areas associated with a Terminal
or Station may be modified based upon sufficient evidence of
passenger loading from other forms of intermodal transfer (such as
Amtrak, tour buses, regional surface buses, carpools, etc.).
b. The Applicant may initially provide a smaller number of parking
spaces if the total area dedicated to potential parking expansion is
shown to be large enough to accommodate the required number of
parking spaces and the Applicant provides financial security
acceptable to the BOCC which guarantees that the required
number can be built if actual need is shown after operation begins.
12. Access roads to a rapid or Mass Transit Station or Terminal will be
designed, constructed or improved to accommodate, during a 15 minute
period, the maximum number of automobiles anticipated to arrive before
the scheduled departure of the Mass Transit conveyance without causing
cars to back up onto the public road serving the facility.
13. The Manual on Traffic Control Devices will apply to safety devices at
intersections of a Fixed Guideway and other Transportation Corridors.
�14-503. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION OF SOLID WASTE
DISPOSAL SITES.
In addition to the general standards set forth in Section 14-501, the following additional standards
will apply to site selection of Solid Waste Disposal Sites:
GARFIELD CouNTY LAND use AND DEVELOPMENT CODE 14-44
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A. State and Federal Regulations.
Demonstration of compliance with all applicable state and federal laws and regulations.
114-504. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION OF DOMESTIC
WATER AND SEWAGE TREATMENT SYSTEMS.
In addition to the general standards set forth in Section 14-501, the following additional standards
will apply to site selection of Domestic Water and Sewage Treatment Systems:
A. State and Federal Regulations.
Demonstration of compliance with all applicable state and federal laws and regulations.
,14-5115. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION FOR ARTERIAL
_ HIGHWAYS AND INTERCHANGES.
In addition to the general standards set forth in section 14-501, the following additional standards
will apply to site selection for Arterial Highways and Interchanges:
A. Areas Around Arterial Highways, Interchanges, and Collectors.
Areas around Arterial Highways, Interchanges, and Collector Highways will be designed and
administered to:
1. Encourage the smooth flow of traffic;
2. Foster the development of such areas in a manner calculated to preserve
the smooth flow of such traffic;
3. Preserve desirable existing community patterns;
4. Minimize danger associated with Highway traffic; and
5. Encourage compatibility with non -motorized traffic.
B. Site Selection.
1. Arterial Highways and Interchanges will be located and designed so that
community traffic needs are met.
2. Arterial Highways and Interchanges will be located and designed so that
desirable community patterns are not disrupted.
114-506. ADDITIONAL STANDARDS APPLICABLE TO AREAS AROUND AIRPORTS AND
HELIPORTS_
A. Protection of Public Health, Safety and Welfare.
Areas around Airports and Heliports will be administered to avoid danger to public safety
and health or to property due to aircraft crashes. In addition to the general standards set
forth in section 14-501, the following standards apply to land use in areas around Airports
and Heliports.
B. Prohibited Uses and Activities.
The following uses are prohibited in the Airport/Heliport Influence Overlay
District.
a. Sanitary landfills; and
b. Water treatment plants.
2. No structures will be allowed in the Runway Protection Zone (RPZ), except
that accessory structures to Airport operations may be located in the RPZ
based upon approval by the FAA. For purposes of this document, tee
markers, tee signs, pin cups, and pins are not considered to be structures.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-45
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3. Public assembly facilities are prohibited in the RPZ.
4. High density uses will be prohibited in Approach Surfaces.
C. Permitted Uses and Activities.
The following uses are permitted within the Airport/Heliport Influence Area Overlay to the
extent that they are permitted by the underlying zone district, and the proposed use
complies with applicable standards for the zone district, the use restrictions set forth in
Table 3-303.A, Airport Overlay use Restriction and Table 3-303.13, Use Restrictions Based
on Noise Levels.
1. Public Assembly Facilities. Public assembly facilities may be allowed in
Approach Surfaces if the potential danger to public safety is minimal.
2. Residential. Residential structures will be located outside Approach
Surfaces unless no practicable alternatives exist.
3. Golf Courses. Golf courses may be allowed conditioned upon the use of
accepted management techniques to reduce existing Wildlife attractants
and to avoid the creation of new wildlife attractants.
4. Farm Use. Farming practices that comply with the recommendations of
FAA Advisory Circular 150/5200-3A, Hazardous Wildlife Attractants on or
Near Airports, will be encouraged.
5. Utilities.
a. In the RPZ, utilities, power lines, and pipelines will be located
underground.
b. In Approach Surfaces and Airport Direct and Secondary Impact
Areas, the proposed height of utilities will be coordinated with the
Airport Sponsor and the BOCC.
6. Wetland Mitigation, Creation, Enhancement, and Restoration. Wetland
construction, enhancement, restoration, or Mitigation projects within the
overlay district will be subject to review under the Major Impact Review and
may be permitted based upon compliance with the applicable standards.
a. Location of Wetland Mitigation banks outside Approach Surfaces
and areas regulated under this overlay district is encouraged
because of the potential for increased air navigation safety hazards.
b. Wetland Mitigation, creation, enhancement, or restoration projects
existing or approved on the effective date of this Article and located
within areas regulated under this overlay area are recognized as
lawfully existing uses.
7. Water impoundments in Approach Surfaces, Direct Impact Areas, and
Secondary Impact Areas. Any use or activity that would result in the
establishment or expansion of water impoundments in Approach Surfaces,
Direct Impact Areas, and Secondary Impact Areas will comply with the
following requirements:
a. No new or expanded water impoundments of 114 acre in size or
largerwill be permitted within an Approach Surface and within 5,000
feet from the end of a Runway.
8. No new or expanded water impoundments of 1/4 acre in size or larger will
be permitted on land owned by the Airport/Heliport Sponsor that is
necessary for Airport/Heliport operations.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-46
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D. Noise.
Land use proposed to be located within the Noise Impact Area Boundaries will comply
with the Airport Master Plan and FAA Regulations.
E. Avigation and Hazard Easement.
An avigation and hazard easement allowing unobstructed passage for aircraft and
ensuring safety and use of the Airport for the public will be provided and dedicated to the
Airport Sponsor.
1. Recording. The avigation and hazard easement will be recorded in the
office of the County Clerk and Recorder.
2. Applicant will provide a copy of the recorded instrument prior to issuance
of a Building Permit.
F. Declaration of Anticipated Noise levels.
1. A declaration of anticipated noise levels will be provided for any proposed
Land Use Change, including division of land, or Building Permit application
for property located within Noise Impact Boundary.
2. In areas where the noise level is anticipated to be at or above 55 Ldn, for
construction of a noise sensitive land use such as hotel/motel, school,
church, hospital, public library, or similar use, the Applicant will be required
to demonstrate that a noise abatement strategy will be incorporated into
the building design that will achieve an indoor noise level equal to or less
than 55 Ldn.
G. Communications Facilities and Electrical Interference.
No use will cause or create electrical interference with navigational signals or radio
communications between an Airport/Heliport and aircraft.
1. Location of new or expanded radio, radiotelephone, and television
transmission facilities and electrical transmission lines within the
Airport/Heliport Influence Area Overlay will be coordinated with the BOCC
and the FAA prior to approval.
2. The approval of cellular and other telephone or radio communication
towers on leased property located within Airport Imaginary Surfaces will be
conditioned upon their removal within 90 days following the expiration of
the lease agreement. A bond or other security will be required to ensure
this requirement.
H. Outdoor Lighting.
Lighting other than that associated with Airport/Heliport operations will comply with the
following standards.
1. Lighting will not project directly onto an existing Heliport, Runway or
taxiway or into existing Airport Approach Surfaces.
2. Lighting will incorporate shielding to reflect light away from Airport
Approach Surfaces.
3. Lighting will not imitate Airport lighting or impede the ability of pilots to
distinguish between Airport/Heliport lighting and other lighting.
i. Use of Reflective Materials Prohibited.
No glare -producing material including, but not limited to, unpainted metal or reflective
glass, will be used on the exterior of structures located within an Airport Approach Surface
or on nearby lands where glare could impede a pilot's vision.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-47
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J. Industrial Emissions That Obscure Visibility Prohibited.
No development will, as part of its regular operations, cause emissions of smoke, dust, or
steam that could obscure visibility within Airport Approach Surfaces. The BOCC will
impose conditions determined to be necessary to ensure that the use does not obscure
visibility.
K. Height Restrictions.
All uses permitted by the underlying zone will comply with the height limitations in this
section. When height restrictions of the underlying zone district are more restrictive than
those of the overlay district, the underlying zone district height limitations will control.
L. Penetration of Development into Imaginary Surface Area.
No structure or tree, plant, or other object of natural growth will penetrate an Airport
Imaginary Surface, except as follows:
1. Structures up to 35 feet in height may be permitted in areas within
Airport/Heliport Imaginary Surfaces, except those outside the Approach
and Transitional Surfaces where the terrain is at higher elevations than the
Airport Runway/Heliport surfaces such that existing structures and
permitted development penetrate or would penetrate the Airport Imaginary
Surface.
2. Written agreement by the Airport Sponsor and the FAA will be provided for
other height exceptions requested.
M. Wetland Construction, Enhancement, Restoration, or Mitigation.
Wetland construction, enhancement, restoration, or Mitigation projects within the overlay
district will be will comply with the following standards.
1. Wetland projects will be designed and located to avoid creating a wildlife
hazard or increasing hazardous movements of birds across Runways or
Approach Surfaces; and
2. Wetlands projects that create, expand, enhance, or restore Wetlands that
are proposed to be located within the overlay district and that would result
in the creation of a new water Impoundment or expansion of an. existing
water Impoundment, will demonstrate all of the following:
a. Off -site Mitigation is not practicable;
b. The Wetland project involves existing Wetland Areas regulated
under the overlay district that have not been associated with
attracting problematic wildlife to the Airport/Heliport vicinity;
C. The affected Wetlands provide unique ecological functions, such as
critical habitat for threatened or endangered species or ground
water discharge;
d. The resulting Wetlands are designed, and will be maintained in
perpetuity in a manner that will not increase hazardous movements
of birds feeding, watering, or roosting in areas across Runways or
Approach Surfaces; and
e. The proposed Wetland project will be coordinated with the Airport
Sponsor, the BOCC, the FAA and FAA's Technical Representative,
the Colorado Parks and Wildlife, the U.S. Fish and Wildlife Service,
and the U.S. Army Corps of Engineers as part of the Permit
application.
f. Restrictions In RPZ, Approach Surface, and Impact Areas. The
land use restrictions in the RPA, Approach Surface, Direct Impact
Areas and Secondary Impact Area are identified in Table 14-506.M.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-48
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N. Separation of Noise -Sensitive Land Use.
Areas around Airports and Heliports will be administered to encourage land use patterns
that will separate uncontrollable noise sources from residential and other noise -sensitive
areas. Within Airport or Heliport Noise Impact Boundaries, the following land use
restrictions will apply, based upon the noise levels identified in Table 14-506.N.
i6.M.: Use- Restrictions, RPZ,
Approach
Surface, and
Impact
Permitted
RECT
IMPACT
F
— • a • —.
AREA
AREA
Public Airport L
il
L
P
P
Residential N
L2
L
P
Commercial
N
L
L
P
Industrial
N
L
P
P
Institutional
N
L
L
P
Roads/Parking
L3
P
P
P
Parks/Open Space
L
P
P
P
Athletic Fields
N
L
L
P
Mining
N
L
L
L
1. Within 10,000 feet from the end of the primary surface of a nonprecision instrument
Runway, and within 50,000 feet from the end of the primary surface of a precision
instrument Runway.
2. Residential densities within Approach and Transitional Surfaces should not exceed: (1)
within 500 feet of the outer edge of the RPZ, 1 unit per acre; (2) within 500 to 1,500 feet
of the outer edge of the RPZ, 2 units per acre; (3) within 1,500 to 3,000 feet of the outer
edge of the RPZ, 4 units per acre.
3. Roads and parking areas are permitted in the RPZ only upon demonstration that there
are no practicable alternatives. Lights, guardrails, and related accessory structures are
prohibited. Cost may be considered in determining whether practicable alternatives exist.
Source: Model Public Use Airport Safety And Compatibility Overlay Zone (Visual and
Instrument Approach Airports), Oregon Department of Aviation
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-49
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ARL W. iGHT AVER
GE SOUND LEVE Ldn)
P =Per e N DecleELs
L Ma
- y�65 170V
r_
N Not A lowed , 65- 0 5
75=80 80=85 85'
IIr M17I� USa _.. S'2 _ � ♦. .. .. '$'_.�.._ ..x -,�
'. Yr_'�L'. r39 ::.-....-. ... s._ .t ... .. vd F
Ftesidemt,alEXcept':MobllWHomes; P
L
L
N
N
N
&I
-ransie
b MB15i1MH, -6 s'1P,-'df W' "M P
N
N
N
N
N
��TTrarlsi4nt.rE in P
L
L
L
N
N
s' SbhWls, Ho"spitals Y&� Nursing P
L
L
N
N
N
Nomes�j t
Churches-Auditoriums,&�ConcsEtf P
L
L
N
N
N
FHaps �`�k::: -
r'GoTe rnrfiQ ervieE a° .__ :
P
P
L
L
N
N
F ;Trans "a, latlon�'
P
P
L
L
L
L
�Pa kin - REM r
P
P
L
L
L
N
I.'Camrr' iefcial1WM0 � ,
P
P
L
L
N
N
►/Rlhol13908 ng
P
P
L
L
L
N
Mate 1 Hardware & f Farrna
1= u�i
K.REtail�Trade General-`�� z'§-" -- a
P
P
L
L
N
N
';:
lltllitie� s "` %�
P
P
L
L
L
N
mrr,unCoicati�M,. t `=~
P
P
L
L
L
N
Manufactuc�n'- &l?'r_oductio
P
P
L
L
L
N
Thoto— htcj&'Oi" ical �.
P
P
L
L
L
N
y
:f.Agrrc" It ERRc�epf.� LIvesfiocEc) &
P
L
L
L
L
L
j
xi a re. t
kl�esfckFarirl& Bre�cln `
P
L
L
N
N
N
P
P
P
P
P
P
qudoor��Spar�s��`-4Rreas &t
P
L
L
N
N
N
S -ports _
Cuidoa "+Mus,c� Shells;>:
P
N
N
N
N
N
Am hitheatres��;,; �k„
`Nbf& Ekfiib& &'Zoos
P
P
N
N
N
N
A"muserrlents; `Parks, Resorts&'
P
Y
Y
N
N
N
Golf.�Caurses; Rldir;g} Stables`&A,
P
P
L
L
N
N
V1later,'Recreatl6ns ,
Source: AC15015020-1.
14-507. ADDITI6NAL STANDARDS APPLICABLE 70 SITE SELECTION OF AIRPORT OR
HELIPORT LOCATION OR EXPANSION.
Airports and Heliports will be located or expanded in a manner that will minimize disruption to the
Environment, minimize the impact on existing community services, and complement the economic
and transportation needs of the State and the area. In addition to the general standards set forth
in section 14-501, the following standards will apply to all applications proposing the location or
expansion of an Airport or Heliport.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-50
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A. Airport Layout.
Airports will be developed in accordance with an FAA -approved Layout Plan, or a Layout
Plan approved by the BOCC, complying with FAA Advisory Circular 150/5300-13A and
the current Northwest Mountain Region Airport Layout Plan Checklist, with the exception
that aircraft tie down dimensions need only be sufficient to provide adequate clearances
for the aircraft to be tied down.
B. Heliport Layout.
Heliports and Helistops will be developed in accordance with an FAA -approved Layout
Plan, or a Layout Plan approved by the BOCC complying with FAA Advisory Circular
150/5390-2.
C. Fabrication, Service, and Repair Operations.
All fabrication, service, and repair operations will be conducted in compliance with Airport
Rules and Regulations.
D. Storage of Materials.
All storage of materials will be within a building or obscured by fence.
E. Ability to Obtain Necessary Permits.
The Applicant can and will obtain all necessary property rights, Permits, approvals, and
easements (including needed easements for drainage, disposal, utilities, and avigation
within Airport area of influence) prior to site disturbance associated with the project. The
BOCC may, at its discretion, defer making a final decision on the application until
outstanding property rights, Permits, and approvals are obtained.
F. Conflict with Existing Easements.
The location of the Airport or Heliport site or expansion will not unduly interfere with any
existing easements for power or telephone lines, irrigation, mineral claims, or roads.
G. Relationship to Economic and Transportation Needs.
The location of the Airport or Heliport site or expansion compliments the existing and
reasonably foreseeable economic and transportation needs of the State and of the area
immediately served by the Airport, particularly Mass Transit Facilities.
H. Nuisance.
The location of the Airport or Heliport site or expansion will not cause a nuisance as
defined within this Code. The immediate and future noise levels in communities within the
Airport area of influence to be caused by the Airport location or expansion and any
anticipated future expansion will not violate any applicable local, state, or federal laws or
regulations; provided that in any area with a potential noise level of CNR 110 or more, no
structure will be allowed and existing structures will be relocated.
14-508. ADDITIONAL STANDARDS APPLICABLE TO MINING OPERATIONS IN- MINERAL
RESOURCE AREAS _
In addition to the general standards set forth in section 14-501, the following standards apply to
Mining Operations in Mineral Resource Areas and the modification of existing Mining Operations
in Mineral Resource Areas.
A. Air Quality.
The Mining Operation will not cause significant degradation of air quality from emissions,
dust, or odor.
B. Blasting.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-51
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Blasting associated with the Mining Operation will not cause a hazard to public health,
safety, welfare or the environment. Compliance with the Blasting Plan is required to satisfy
this standard. In addition:
1. Prior to blasting, Operator will provide to the County a copy of the current
blasting explosive license issued to the Operator or contractor who will be
conducting blasting activity. The license will be filed with the Community
Development Department.
2. A schedule for blasting above ground, near population centers, will be
provided to the Community Development Department a minimum of ten (10)
days before the blasting is to occur.
C. Visual Quality.
The Mining Operation will not cause significant degradation of the viewsheds and scenic
vistas of the Impact Area, taking into account the considerations in section 14-501.0. In
addition:
1. The Mining Operation will be organized on the affected lands to minimize
impact on adjacent land uses and protect established neighborhood
character through installation of screen fences, berms, and/or landscape
materials, as well as by the location of access points, lighting, and signage.
2. Visual screening will be in place prior to the commencement of each phase
of the Mining Operation. Site preparation activity such as removal of
overburden will be allowed prior to the construction of the visual screening
if material will be used for the creation of the necessary screening.
D. Surface Water Quality.
The Mining Operation will not cause significant degradation of water quality, taking into
account the considerations in section 14-501.
1. Mining Operations will not be conducted within 500 feet of the high water
mark of any natural waterbody. This standard may be waived by the
Director or the BOCC if the impact of the Mining Operation to water quality
after mitigation will be minimal at a location closer than 500 feet.
2. The Mining Operation will minimize disturbance to the prevailing hydrologic
balance within the impact Area.
3. Impervious areas will drain to vegetated pervious buffer strips. Examples
of potential techniques to be used in conjunction with vegetated pervious
buffer strips are: infiltration devices, grass depressions, constructed
wetlands, sand filters, and dry ponds.
E. Groundwater Resources.
The Mining Operation will not cause significant degradation of groundwater, taking into
account the considerations in section 14-501. In addition:
1. The Mining Operation will not adversely impact the water quality of domestic
wells in the Impact Area.
2. The Mining Operation will not interfere with the function of wells in the Impact
Area.
F. Water Quantity.
The Mining Operation will not cause significant adverse impact on water quantity.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-52
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1. The Mining Operation will not cause injury to existing decreed water rights.
2. The Mining Operation will not significantly increase or decrease stream
flows or lake levels below pre -construction levels.
G. Adequate Water Supply, Reuse and Recycling.
Adequate and reliable water supply will be available for all phases of the
Mining Operation and the source of supply will be the least detrimental to
the environment among the available sources of supply.
2. Water used in by the Mining Operation will be reused and recycled to the
maximum extent feasible.
H. Wetlands and Riparian Areas.
The Mining Operation will not cause significant degradation of the function or extent of
wetlands and riparian areas, taking into account the considerations in section 14-501. In
addition:
The Mining Operation will preserve the existing native vegetation within
thirty-five feet (35') of the ordinary high water mark on each side of a
waterbody.
2. The Mining Operation will preserve and retain wetlands in their natural state
as drainage ways.
1. Geothermal Resources.
The Mining Operation will not adversely impact the quality, quantity, and temperature of
geothermal resources, including impacts to source and recharge waters.
J. Cave and Karst Formations and Cave Resource Areas.
The Mining Operation will not cause significant degradation of the cave and karst
formations and cave resource areas within the County.
K. Spill and Releases Prevention and Response.
The Mining Operation will minimize risk to people and the environment from spills or
releases. Compliance with the Spill Prevention Control and Countermeasures Plan is
required to meet this standard.
L . Mine Waste Water and Hazardous Materials.
Mine waste water and hazardous materials will not have an adverse impact on the public
health, safety, and welfare or the environment.
M. Noise.
1. The Mining Operation will not cause noise that interferes with the peaceful
use and enjoyment of property within the Impact Area.
2. Noise from the Mining Operation at the boundary of any property that is
nearest the Operation will not exceed statutory levels at C.R.S. 25-12-103
for residential, commercial and industrial. The levels set forth in Table 1,
will also apply.
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Table 9: Maximum Permissible Noise Levels for Mining Operation Affecting Parks, Opens
Space, and Other Conservation Areas
ALLOWABLE DECIBEL LEVELS BY TIME OF DAY
IMPACTED LAND USE
6:00 a.m. to 7:00 p.m.
7:00 p.m. to 6:00 a.m.
National Parks or Recreation Areas,
45 db(A)*
45 db(A)"
Pubic Parks, Federal Lands
Campgrounds, and Federally, State or
Locally Dedicated Open Space or
Conservation Areas
Wilderness Areas
45 db(A)*
45 db(A)*
*db(A): Decibels measured on the "A" scale of a standard sound level meter having
characteristics defined by the American National Standards Institute.
Warning Devices Exempted: Devices required by MSHA or the US Department of Labor are
exempt from this standard.
N. Vibration.
Acute or recurring vibrations from the Mining Operation will not interfere with the peaceful
use and enjoyment of property within the Impact Area. Any such interference shall be
deemed a nuisance pursuant to C.R.S. § 30-15-40. in addition:
1. No vibration shall be transmitted thru the ground that is discernible without
the aid of instruments measured at five hundred (500) feet from the affected
lands.
2. No vibration shall exceed 0.002g peak at up to fifty (50) cps frequency
measured at five hundred (500) feet from the site boundary of Mining
Operation. Vibrations recurring at higher than 50 cps frequency or a
periodic vibrator shall not induce accelerations exceeding 0.001g.
3. Single impulse period vibrations occurring at an average interval greater
than five (5) minutes shall not induce accelerations exceeding .01g.
O. Surface Disturbance.
The Mining Operation will be located and constructed in a manner that
minimizes site disturbance and the amount of cut and fill on the affected
lands.
2. Size of structures and surface equipment for present and future operational
needs will be minimized as much as possible without compromising safety
concerns.
P. Transportation and Access
Mining Operations shall be designed and implemented to minimize or mitigate impacts to
physical infrastructure of the County transportation system; ensure public safety; and
maintain quality of life for other users of the County transportation system, adjacent
residents, and affected property owners. Where available, existing private roads must be
used to minimize land disturbance unless traffic safety, visual concerns, noise concerns,
or other adverse surface impacts dictate otherwise
Q Transportation Permits
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Applicant shall obtain all applicable transportation permits including County permits as
well as all appropriate Colorado Department of Transportation (CDOT) access permits
pursuant to the CDOT State Highway Access Code. Access roads on the site and access
points to public roads as identified in the application materials shall be reviewed by the
County and shall be built and maintained in accordance with the engineering specifications
County standards.
R. Road Improvements and Maintenance
1. All public roads and bridges necessary to accommodate the traffic and
equipment related to the Mining Operation and to accommodate
emergency vehicles will comply with County road and bridge standards.
2. The Operator shall bear the cost of all road and bridge improvements,
repairs, and maintenance necessitated by the Mining Operation. If the
projected use of public roads by traffic and equipment related to the Mining
Operation will result in a need for increased roadway maintenance, the
Operator will enter into an agreement with the County whereby the
Operator assumes responsibility for constructing the necessary road and
bridge improvements and additional road and bridge maintenance or
reimburses the County for such improvements and maintenance.
3. The Operator shall maintain financial assurance to secure its road
construction, maintenance and repair obligations. The amount of such
financial assurance will be determined by the County.
S Restoration and Reclamation.
1. The Mining Operation will be approved by the Colorado Division of
Reclamation Mining and Safety and if on federal lands, by the Bureau of
Land Management or Forest Service prior to a final permit decision by the
County.
2. Unless otherwise determined by the BOCC, the Mining Operation will be
allowed to progress if the previous phases have been reclaimed within six
(6) months after the commencement of the new phase. If the reclamation
has not commenced in six (6) months, or has not been completed within
eighteen (18) months, Mining Operation on the property will stop until the
reclamationlrevegetation has occurred to the satisfaction of the County.
T. Lighting.
Lighting from the Mining Operation will not cause excessive glare or light to spill over onto
adjacent property except as required for safety and emergency management.
U. Compatibility.
The Mining Operation will not unduly interfere with other economic development efforts in
the County. The Mining Operation will not cause significant adverse impact upon existing
developed and dedicated conservation easements or other areas identified for residential,
recreational, commercial, institutional or industrial development by either the County or
the municipalities in the Impact Area.
V. Compliance with State and Federal Regulations.
The Mining Operation will comply with all applicable state and federal laws and
regulations.
W. Least Practicable Environmental Disturbance.
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The Mining Operation shall be conducted in a manner which causes the least practicable
environmental disturbance.
X. Public Health and Safety.
The Mining Operation will not cause significant danger to public health and safety.
[14-601, _FINANCIAL GUARANTEE REQUIRED.
A. Before any Permit is issued under this Article, the BOCC will require the Applicant
to file a guarantee of financial security. The purpose of the financial guarantee is to assure
the following:
1. Completion. The project is completed and, if applicable, that the
Development Area is properly reclaimed.
2. Performance. The Applicant performs all Mitigation requirements and
Permit conditions in connection with the construction, operation, and
termination of the project.
3. Increases Borne By Permit Holder. Increases in public facilities and
services necessitated by the construction, operation, and termination of the
project are borne by the Permit holder.
4. Shortfall to County Revenues. Shortfalls to County revenues are offset
in the event that the project is suspended, curtailed, or abandoned.
B. A performance or financial warranty shall not be required for Mining Operations
other than such financial assurance that is necessary to guaranty the construction of
public infrastructure and mitigation required by the County that is not covered by the
Division of Reclamation, Mining and Safety.
f f4:4 2. AMOUNT OF FINANCIAL GUARANTEE.
In determining the amount of the financial guarantee, the County will consider the following
factors:
A. Estimated Cost of Completion.
The estimated cost of completing the project and, if applicable, of returning the
Development Area to its original condition or to a condition acceptable to the County.
B. Estimated Cost of Performing All Mitigation.
The estimated cost of performing all Mitigation requirements and Permit conditions in
connection with the construction, operation, and termination of the project, including:
1. The estimated cost of providing all public services necessitated by the
proposed activity until 2 years after the proposed activity ceases to operate;
and
2. The estimated cost of providing all public facilities necessitated by the
proposed activity until all such costs are fully paid.
Estimated cost will be based on the Applicant's submitted cost estimate plus the BOCC's estimate
of the additional cost to the County of bringing in personnel and equipment to accomplish any
unperformed purpose of the financial guarantee. The BOCC will consider the duration of the
development or activity and compute a reasonable projection of increases due to inflation. The
BOCC may require, as a condition of the Permit, that the financial security be adjusted upon
receipt of bids to perform the requirements of the Permit and this Article.
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114-604. FORM OF FINANCIAL GUARANTEE
A. Form Acceptable.
The financial guarantee may be in any form acceptable to the BOCC and payable to the
County.
B. Guarantor or Surety.
If the form is a security such as a guarantee or letter of credit, the guarantor or surety will
be licensed to do business in Colorado. Should the license to do business in Colorado be
suspended or revoked, the Applicant will have 60 calendar days, or a time reasonable to
the BOCC, after the BOCC receives notice thereof, to provide a substitute guarantee in a
form and type acceptable to the BOCC. Should the 1041 Permit holder fail to make a
substitution either prior to a lapse in licensure or within the time allowed, the BOCC will
suspend the Permit until proper substitution has been made.
C. Cash Deposited.
At least 10% of the amount of the financial guarantee must be in cash deposited with the
County's treasurer and placed in an earmarked escrow account mutually agreeable to the
BOCC and Applicant.
'14-605. RELEASE OF GUARANTEE.
The financial guarantee may be released only when:
A. Surrender of Permit.
The 1041 Permit has been surrendered to the BOCC before commencement of any
physical activity on the site of the permitted project; or
B. Project Abandonment.
The project has been abandoned and the site has been returned to its original condition
or to a condition acceptable to the County; or
C. Satisfactory Completion.
The project has been satisfactorily completed; or
D. Completion of Phase.
A phase or phases of the project have been satisfactorily completed allowing for partial
release of the financial guarantee consistent with project phasing and as determined
appropriate by the BOCC; or
E. Satisfied Conditions.
The applicable guaranteed conditions have been satisfied.
14-606. CANCELLATION OF THE FINANCIAL GUARANTEE.
Any financial guarantee may be canceled only upon the BOCC's written consent, which may be
granted only when such cancellation will not detract from the purposes of the security.
114-607. FORFEITURE OF FINANCIAL GUARANTEE
A. Written Notice.
If the BOCC determines that a financial guarantee should be forfeited because of any
violation of the Permit, Mitigation requirements, conditions, or any applicable regulations
adopted by the BOCC, it will provide written notice to the surety and the Applicant that the
financial guarantee will be forfeited unless the Permit holder makes written demand to the
BOCC, within 30 days after Permit holder's receipt of notice, requesting a hearing before
the BOCC. If no demand is made by the Permit holder within said period, then the BOCC
will order the financial guarantee forfeited.
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B. Public Hearing.
The BOCC will hold a hearing within 30 days after the receipt of the demand by the Permit
holder. At the hearing, the Permit holder may present for the consideration of the BOCC
statements, documents, and other information with respect to the alleged violation. At the
conclusion of the hearing, the BOCC will either withdraw the notice of violation or enter an
order forfeiting the financial guarantee.
C. Disbursement.
The deposit described above may be used by the BOCC in the event of the default or
allowed default of the Permit holder, only for the purposes of recovering on the surety or
fulfilling the Permit obligation of the Permit holder. In the event that the ultimate reviewing
court determines that there has been a default by the Permit holder, that portion of any
moneys expended by the County from the escrow funds relating to such default will be
replaced in the escrow account by the BOCC immediately following such determination.
The County may arrange with a lending institution, which provides money for the Permit
holder that said institution may hold in escrow any funds required for said deposit. Funds
will be disbursed out of escrow by the institution to the County upon County's demand for
the purpose specified in this section.
D. Inadequate Revenue.
If the forfeiture results in inadequate revenue to cover the costs of accomplishing the
purposes of the financial guarantee, the County Attorney will take such steps as deemed
proper to recover such costs where recovery is deemed possible.
14-701. ENFORCEMENT AND PENALTIES.
A. Enjoinment.
Any person engaging in development in the designated area of state interest or conducting
a designated activity of state interest who does not obtain a 1041 Permit pursuant to this
Article, who does not comply with 1041 Permit requirements, or who acts outside the
jurisdiction of the 1041 Permit may be enjoined by the County from engaging in such
development, and may be subject to such other criminal or civil liability as may be
prescribed by law.
B. Material Changes in the Construction or Operation.
If the County determines at any time that there are material changes in the construction
or operation of the project from that approved by the County, the 1041 Permit may be
immediately suspended and a hearing will be held to determine whether new conditions
are necessary to ensure compliance with the approval standards or if the 1041 Permit
should be revoked.
14-702. 1041 PERMIT SUSPENSION OR REVOCATION.
A. Notice of Potential Violation.
Upon reason to believe that the construction or conduct of an activity is in violation of the
terms or conditions of the 1041 Permit or this Article, the BOCC may send a letter notifying
the Permit holder of the potential violation and giving the Permit holder 15 days to correct
the violation or otherwise respond to the notice of potential violation; and/or
B. Temporary Suspension.
The BOCC may temporarily suspend the 1041 Permit for a period of 30 days for any
violation of the Permit or this Article. The Permit holder will be given written notice of the
violation and will have a minimum of 15 days to correct the violation. If the violation is not
corrected, the Permit will be temporarily suspended for 30 days; and/or
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C. Revocation.
The County may revoke a 1041 Permit granted pursuant to this Article if any of the
activities conducted by the Permit holder violates the conditions of the Permit or this
Article, or the County determines that the project as constructed or operated has impacts
not disclosed in the application. Prior to revocation, the Permit holder will receive written
notice and be given an opportunity for a hearing before the BOCC. The BOCC may revoke
the 1041 Permit or may specify a time by which action will be taken to correct any
violations for the Permit to be retained.
,14-703. TRANSFER OF 1041 PERMITS.
A 1041 Permit may be transferred only with the written consent of the BOCC. Consent will be in
the sole discretion of the BOCC. The BOCC will ensure, in approving any transfer, that the
proposed transferee can and will comply with all the requirements, terms, and conditions
contained in the Permit, and this Article; that such requirements, terms, and conditions remain
sufficient to protect the health, welfare, and safety of the public; and that an adequate guarantee
of financial security can be made.
1440.4. INSPECTION.
A. Inspection.
The County is hereby authorized to inspect any lands, buildings, or improvements to determine if
such are in compliance with this Article. Any official performing such inspection shall abide by all
laws of search and seizure as set forth by federal and state statutory and constitutional provisions.
B. Annual Review.
1. Within thirty (30) days before each annual anniversary of the date of issuance of a
1041 Permit, the permit holder shall submit a report to the Director detailing the
activities conducted by the permit holder pursuant to the Permit and demonstrating
compliance with all conditions of the Permit and the applicable regulations.
2. Within thirty (30) days of receipt, the County shall review the report. If the County
determines that the permit holder is likely to have violated any provisions of the
1041 Permit or applicable regulations, the BOCC shall consider the matter at a
properly noticed public hearing. Upon conclusion of the hearing, if the BOCC
determines that the permit holder has violated any provisions of the Permit or
applicable regulations, the BOCC may suspend or revoke the Permit in
accordance with this Division 7.
3. Upon notice to the County of the fulfillment of all 1041 Permit conditions, the BOCC
may terminate any annual review requirements.
4. The BOCC may waive or modify the annual review requirements on its own
initiative and discretion or upon petition of the permit holder and upon a showing
of good cause therefor.
14-705. JUDICIAL REVIEW.
Any action seeking judicial review of a final decision of the BOCC will be initiated within 30 days
after the decision is made, in the District Court in and for the County of Garfield, pursuant to Rule
106 of the Colorado Rules of Civil Procedure.
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EXHIBIT B
MINERAL RESOURCE AREAS
Mineral Resource Areas: Those portions of Garfield County Zoned Public (P), Rural (R), and
Resource Lands (RL), excluding those areas within Urban Growth Boundaries for municipalities
within the County that are not zoned Public (P).
5