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Home My WebLink About2.0 PC Staff Report 03.25.2009PLANNING COMMISSION MEETING AGENDA TIME: 6:30 p.m. PLACE: GARFIELD COUNTY ADMINISTRATION BUILDING, 108 8" STREET, IN THE BOCC MEETING ROOM DATE: MARCH 25, 2009 1) Call Meeting to Order 2) Roll Call 3) Public Meeting: Request is to review a project to relocate the Glenwood Springs Wastewater Treatment Facility. Planning Commission consideration. of Location and Extent. Applicant: City of Glenwood Springs 4) Public Hearing: Request is to review a Special Use Application for the RTZ Gravel Pit for extraction, storage and material handling of natural resources for sand and gravel extraction in the A/R/RD zone district. The property under review is located on the SW corner of Highway 6 and CR 300, approximately 5 miles south of the Town of Parachute. Applicant: Specialty Restaurant Corporation 1 Stockton Restaurant Corporation (Reminder to Planning Commission Members: The above application material was given to you earlier this month) 5) Public Meeting: Request is to review the Process and Standards to Amend the Comprehensive Plan of 2000. Presenter: David Pesnichak, Long Range Planner 6) Public Hearing: Request is to review proposed Text Amendments to the Unified Land Use Resolution of 2008. Presenter: Fred Jarman, B &P Director 7) Other Business 8) Adjournment Exhibits for Planning Commission Hearing March 25, 20@ f- RTZ Gravel Pit SUP Ex ibrt Letter A t ©Z Exhxbat A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000, as amended E Application F Staff Memorandum G Staff Presentation H Memo dated February_ 10, 2009 from Jake Mall Garfield County Road and Bridge I Memo dated February 23, 2009 from Steve Anthony Garfield County Vegetation J Email dated March 9, 2009, from Jim. Rada, Environmental Health K Email dated February 13, 2009 from Dan Roussin — R3 Permit Manager, CDOT L Letter, dated February 23, 2009 from JT Romatzke, Division of Wildlife M Letter, dated February 18, 2009 from Rob Ferguson, Grand Valley Fire Protection District N Letter dated March 4, 2009 from Freda L. Webb 0 i/ "Nti�l Gib yz� PC 3/25/09 KE PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Special Use Permit for "Extraction, Storage and Material Handling of Natural Resources" for sand and gravel extraction in the A/R/RD zone district (Zoning Resolution of 1978) APPLICANT Specialty Restaurant Corporation/Stockton Restaurant Corporation REPRESENTATIVES Tim Thulson — Balcomb & Green, P.C. Tony Zancanella — Zancanella & Associates LOCATION SE' /a of the SE' /a Section 28 and Section 33, Township 7 South, Range 96 West of the 6`h P.M. and generally located at the southwest corner of the intersection of CR 300 and Highway 6, approximately 5 miles south of the Town of Parachute SITE INFORMATION "Subject Lot" consists of 1,200 acres - Lease area is limited to 130.588 acres EXISTING ZONING Agriculture / Residential / Rural Density (A/R/RD) I. REQUEST The Applicant requests approval of a Special Use Permit for "Extraction, Storage, and Material Handling of Natural Resources" for extraction of sand and gravel on a property located on the southwest corner of Highway 6 and CR 300. The application also requests allowance for crushing and screening of the gravel, storage areas and material handling of the resource. IL LOCATION AND SITE DESCRIPTION Located south of Highway 6 at the intersection of County Road 300, the property is immediately west of the existing Una Gravel Pit, the Strong PUD and the Orchard Compressor Station. Frac -Tech and Travellers Highlands are located to the north of the site in keeping with the industrial nature of activities on the north side of the Colorado River. The lease area is a gently sloping triangular - shaped tract that abuts CR 300 at its eastern edge. The site is bounded by the Union Pacific RR and Highway 6 on the north; and by the Colorado River on the south. Aerial View of Vicinity III. ZONING & ADJACENT USES Traveilers Highlands CG Zor" Proposed RTf Gravel Pit area Zoning Map hra c-' cch Resource Orchard Strong Compressor PUD /SUP Area -SUP UNA Pit Pre - existing use ARRD zoning lINrO jt'sd e RTZ Gravel Pit PC — 3125109 Page 2 The subject site is zoned ARRD which allows for extraction, processing, storage and material handling of natural resources as a Special Use. The character of the immediate area is industrial in nature, with many of the properties located north of the Colorado River subject to Special Use Permits. Travellers Highlands is a commercially zoned subdivision that has uses which are generally in support of the Oil and Gas Industry. To the east of Travellers Highlands is the 1"rac -Tech facility zoned Resource Lands. The pending Strong PUD will allow for contractor storage on the site, however a Special Use Permit currently allows for contractor storage on a portion of that property. Oil & Gas Wells (red triangles)/ Pipelines in vicinity of application (blue lines) IV. PROJECT DESCRIPTION The crossroads area around CR 300 is predominantly used for industrial activities in support of the Oil and Gas Industry due to the proximity of wells and pipelines that occur south and east of the Una Bridge and Colorado River. The proposed extraction site is currently being utilized as the temporary staging area related to the Colbran Pipeline — a use that was permitted via review of a pipeline permit. This site was previously approved for a Special Use Permit for extraction activities in 1981 via Resolution No. 81 -227 (a copy of which is located in Tab C of the submittal documentation) under the name of the proposed operator, L.G. Everist. The project acquired necessary approvals from the County (SUP) and the State (DRMS issued a 112c permit in 1982) however no extraction activity has occurred on the site pursuant to those approvals. "w"�`t A C ' /f t /J 1® Yr� PIT [3 1 r _ [304 i r k [306,1 } 4 r 1 Oil & Gas Wells (red triangles)/ Pipelines in vicinity of application (blue lines) IV. PROJECT DESCRIPTION The crossroads area around CR 300 is predominantly used for industrial activities in support of the Oil and Gas Industry due to the proximity of wells and pipelines that occur south and east of the Una Bridge and Colorado River. The proposed extraction site is currently being utilized as the temporary staging area related to the Colbran Pipeline — a use that was permitted via review of a pipeline permit. This site was previously approved for a Special Use Permit for extraction activities in 1981 via Resolution No. 81 -227 (a copy of which is located in Tab C of the submittal documentation) under the name of the proposed operator, L.G. Everist. The project acquired necessary approvals from the County (SUP) and the State (DRMS issued a 112c permit in 1982) however no extraction activity has occurred on the site pursuant to those approvals. RTZ Gravel Pit PC -- 3125109 Page 3 The "subject lot" applicable to this request is a 1,200 -acre parcel of land that extends from CR 300 into Mesa County. For purposes of this application the function of the "subject lot" is simply for legal notification requirements for adjacent property owners within 200' of the 1,200 -acre boundary as shown below. Gravei Pit Lease Area The area that is the focus of this application is the 130.588 -acre lease area which will encompass both the mining area and the ancillary facilities required by the extraction activity. The current proposal for surface extraction states that a40.7-acre mining area will yield approximately 1 50,000 tons per year of sand and gravel resource. The plan includes an assignment ofthree phases which will limit the area of disturbance at any one time, as well as allow for reclamation to occur as the mine progresses through the phases of the project. Equipment necessary to accomplish this activity includes excavators, front -end loaders, strippers and off -road haul vehicles. This equipment will extract and then transport the material to the facility area for crushing and screening where it will be subsequently weighed, sold and transported to market. The proposed facilities area will be located in the northeastern portion of the site. This area will contain the scale, office trailer, water and sanitation facilities and trash receptacles. The crushing and screening operations will be located as identified within Phase III until the extraction activity encroaches that phase when it will be relocated to an adjacent area in Phase U. Proposed hours of operation are from 7 am to 8 pm Monday through Saturday from March through November. Winter hours are proposed for 7 am to 6 pm Monday through Saturday. No regular nighttime activities are anticipated; however allowance for occasional equipment repair and maintenance after hours is requested. The repair and maintenance will occur outdoors and is not proposed to be additionally screened. Traffic generation is anticipated at 62 trips per day and further described as being 52 trucks trips, 6 employee vehicle trips and 4 service vehicle trips per day. Annual traffic generated will be 17, 860 trips. Due to an increase of 20% or greater, a State Highway Access Permit from CDOT for the intersection of CR 300 at Highway 6 will be required. Past practice has been for the Board of County Commissioners to designate their authority to the applicant to obtain the necessary permit. The anticipated haul route to deliver material to market is the state highway system. There is minimal discussion regarding the trip analysis of trucks traveling south on CR 300, particularly if there is a need for gravel related to well pad construction. Intersection of CR300 and Sti6 RTZ Gravel Pit PC — 3125109 Page 4 Physical characteristics of the site include the Colorado River and related floodplain area as well as jurisdictional wetlands which occur on the site, both of these sensitive areas are avoided and will not be adversely impacted by the proposed activities. The lease area of 130.5$$ acres includes activities related to the extraction activity such as stockpiles, detention, and the facility area, however the mining is limited to 40.7 acres of the site. V. AUTHORITY & APPLICABILITY Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. The Board may, at its discretion, refer the Application to the Planning Commission for a recommendation. At their Public Meeting held on January 19, 2009 a Board decision was made to refer this application to the Planning Commission. VI. REFERRAL AGENCIES Comments have been received from the following agencies and are integrated throughout this memorandum as applicable. 1. Garfield County Road and Bridge Department: EXHIBIT H 2. Garfield County Vegetation Management: EXHIBIT 1 3. Garfield County Environmental Health: EXHIBIT J 4. Division of Reclamation and Mine Safety: No Comment 5. Colorado CHPHE: No Comment 6. Colorado Department of Transportation: EXHIBIT K 7. Colorado Division of Wildlife: EXHIBIT L S. Colorado Division of Water Resources (Office of State Engineer): No Continent 9. Grand Valley Fire Protection District: EXHIBIT M 10. Bookcliff Soil Conservation District: No comment 11. Garfield School District 16: - No Comment 12. Union Pacific Railroad: No Comment 13. U.S. Army Corps of Engineers: No Comment 14. Mesa County: No Comment 15. BLM: No Comment VII. OTHER REQUIRED PERMITS In addition to the Special Use Permit requirement for land use activity in the County, the following State and local authorities have permits requirements related to the proposed activity: A. State of Colorado, Department of Reclamation and Mine Safety (DRMS). This department reviews mining plans and reclamation of the site as well being the entity responsible for bonding to ensure completion of reclamation. This particular project is required to obtain a "Construction Materials Regular Operation (112) Permit"; B. State of Colorado Water Quality Control Division; C. State of Colorado Air Quality Control Division; D. Colorado Department of Transportation; E. Garfield County Road and Bridge; F. United States Army Corps of Engineers. 4 RTZ Gravel Pit PC — 3125109 Pace 5 VIII. GARFIELD COUNTY COMPREHENSIVE PLAN ANALYSIS The Comprehensive Plan is to be used in analysis of projects proposed within unincorporated Garfield County. The project site is located in Study Area 2 and the Plan identifies future land use as "Privately owned lands with site specific limitations to be evaluated at plan review. "To this end, virtually any land use, so long as it was consistent with the uses in the underlying zoning would be considered "compatible" in this location so long as the environmental (geologic / hydrologic / slope) challenges were appropriately mitigated through plan review. Chapter 11, Comprehensive Plan Goals, Objectives, Policies regarding Gravel Extraction Operations was adopted by the Garfield County Planning Commission on August 13, 2008, a document which is to be used in this review of extraction operations. Analysis of the project based upon this document follows with emphasis placed on determination of compliance with the policies contained within the Plan. POLICIES 11.0 The project review process will include the identification and mitigation of transportation impacts related to industrial development. Staff Response The transportation impacts related to industrial development are well known in the vicinity of this site. County Road 300 is utilized by activities related to the abundant natural resources in the area including ranching, the Oil & Gas Industry, gravel extraction, as well as activities typically associated in support of natural resource activities. These support uses include compressor stations, contractor yards and storage areas for industrial equipment and supplies. This crossroads area is at the center of all of these activities and handles a significant volume of traffic related to those uses. These impacts have been gradually increasing and have now reached the point where safety improvements are required to upgrade the intersection of CR 300 with State Highway 6 The applicant is willing to work with Road & Bridge, CDOT and adjacent property owners in the improvement of that intersection. A State Highway Access Permit (SNAP) will be required by this development as the traffic assessment identifies that this proposal would create an increase in existing traffic levels by at least 20 %. Typically the requirementfor a SHAP is a condition of approval that must be met prior to issuance of the Special Use Permit. Road & Bridge requests that the applicant provide a new traffic count based on the current traffic on CR 300, particularly at the intersection with Highway 6 and at the UNA Bridge. In addition, the condition of CR 300 has deteriorated due to parking that occurs along the right -of way, including eroded shoulders and resulting drainage issues. Road & Bridge requests an on -site inspection to work with the applicants to alleviate these problems. Should the applicant desire to utilize CR 300 as a haul route further protective measures are recommended, particularly a requirement to cover the truck loads to mitigate air quality impacts and safety concerns. This would minimize dust and debris that may negatively impact the residences south of the Una Bridge. 11.1 Garfield County shall discourage development that cannot be adequately mitigated in areas identified as having severe environmental constraints such as active landslides, debris flows, unstable slopes, bedrock slides, major mudflows, radioactive tailings. 5 RTZ Gravel Pit PC — 3125109 Paze 6 Staff Response The environmental constraints associated with this site include Colorado River floodplain, a high water table and wetlands. The proposed mining area avoids both the floodplain and the wetlands, however the high water table is mitigated via the de- watering of the pit, detention and treatment ofthe water prior to discharging back into the river. A Floodplain Permit will be required for construction of the proposed Discharge 001 as that outlet would be constructed within the Flood Fringe of the Colorado River. Geologic Constraint Map - High Water Table Geologic Constraint Map - Floodplain 11.2 Natural drainage patterns will be preserved or mitigated so the cumulative impact of public and private land use activities will not cause storm drainage and floodwater patterns to exceed the capacity of natural or constructed drainage ways, or to subject other areas to an increased potential for damage due to flooding, erosion or sedimentation or result in pollution to streams, rivers or other natural bodies of water. Staff Response Site drainage in the permit area will be affected by the de- watering operations associated with the extraction of the sand and gravel, however holding and treatment of the water will occur prior to release to the Colorado River. Erosion and sediment control measures are an integral part of this plan and are fully itemized in the Stormwater Management Plan. 11.3 Garfield County will require development to protect critical wildlife habitat as identified by state and federal agencies. Development within these designations that cannot be designed, constructed and conducted so as to have a minimum adverse impact upon such habitat or these wildlife species, shall be discouraged. Staff Response The Colorado Division of Wildlife responded to this application that the area surrounding this property has been affected by human development (particularly I - -70 and Highway 6) and that the Colorado River has been bermed and levied. Even with these features the wildlife still utilize the area C� RTZ Gravel Pit PC — 3125109 Pate 7 — wintering area for mule deer and elk during the winter months, and river /riparian use by river otters, fish species and for marginal bald eagle roosting areas. The loss and fragmentation of existing habitat are a concern and the reclamation of wild be of little utility to the deer and ells Mitigation measures are contained in the applicant's Wildlife Assessment Report, including Impact Minimization Recommendations which should be considered as conditions ofapproval. The river and riparian area are of the most concern to the CDOW and they recommend that surface - disturbing activities be prohibited within 300 feet of the river and that no reduction of instream flows or decrease in water quality should be permitted. One final recommendation made by CDOW is that bear proof trash containers should be utilized on the site. The applicant is proposing a 200 foot buffer from the river in which no activity could occur. 11.4 Garfield County, to the extent legally possible, will require adequate mitigation to address the impacts of mineral extraction on adjacent land owners. These measures may include the following: I. Landscaping and screening; U. Modification of phasing or area to be mined; III. Roadway improvements and signage; IV. Safe and efficient access routes; V. Drainage improvements to protect surface and groundwater Staff Response Though the immediate vicinity of this proposal contains industrial uses there are residential properties located on the south side of the Colorado River which may experience impacts if this proposal is approved. The applicantproposes mitigation measures which include a phasing plan that limits the area of site disturbance at one time and further requiring reclamation to commence upon completion of each phase of activity. The application included improvements to the site access, however no information was provided regarding improvements to the intersection of CR 300 and Highway 6. The application contains a haul route which identifies the major transportation route as Highway 6 with minimal loads transported south of the site on CR 300. If CR 300 is utilized for hauling material staff would recommend a condition requiring covering truck loads in order to minimize affect to air quality and for safety purposes. Drainage improvements include protective measures for surface water and groundwater such as treatment prior to discharge to the Colorado River and avoidance ofthe floodplain and wetlands via provision of a 200 foot buffer area from the river. 11.5 Garfield County will require adequate mitigation for dust, odors, and fumes generated by gravel extraction activities. N RTZ Gravel Pit PC — 3125109 Page 8 Staff Response A Fugitive Dust Permit is required for this activity as well as other state permits to assure air quality standards. Dust issues are the most common concern associated with gravel operations due to a variety of activities that may cause issues with dust, particularly tracking of mud onto the roadways, inadequate stabilization of soil stockpiles, inadequate watering of haul roads, and uncovered truck loads leaving the site. Jim Rada, Environmental Health Officer, has responded that the submitted Fugitive Dust Plan is "somewhat vague " and due to the potential for visibility impairment on CR 300 a strongplan should be required to alleviate safety concerns. COMPREHENSIVE PLAN STAFF FINDINGS The application as submitted does not allow for a finding ofcompliance with the goals, objectives and policies of the Comprehensive Plan due to the lack of required permits being in place for this activity. However this is no different than most gravel applications due to the applicants wanting assurance of the County permit prior to obtaining the other required permits. As is typical in gravel applications, Staff has included conditions of approval regarding required permits that must be obtained prior to issuance of the Special Use Permit which allows for activity to commence on the site. Issuance of those permits will result in a finding of substantial compliance with the Comp Plan. ' CGS Map t� Of Gravel Resources C7� IX. REVIEW CRITERIA FOR SPECIAL USE UNA PIT PERMITS (SECTION 5.17) 0 ti Pursuant to Section 5.17, as listed under the Zone District as Regulations, special uses shall conform to all requirements listed thereunder and elsewhere in the Zoning Resolution, as well as the following standards: r 1 v 5.17 SUPPLEMENTARY GRAVEL EXTRACTION EXPLANATION REGULATIONS (added 2008 -123) • PennitteJ %and and gravel oPeralion • 11640ric %and and gravel 5.17.01 Water Quantity & Quality+ Impacts / Floodplain Impacts operation or borrow pit aFq SamPlc location and number ample lt{ If a gravel pit is located within the floodplain there is a reasonable chance that it Category I - high Potential could be flooded during its operational life. Equipment, machinery, fuel etc could Category 2 - Good Poential become pollutant sources in the case of a flood. In addition, if the pit is located Category 3 - kloderale Potential near the floodway of a river there is the possibility that in a flood a gravel pit could Calcgory 4 - Low Potential alter the natural course of a river. This can have negative impacts on a river - Resource overlain by more than ecosystem and unknown impacts on nearby landowners. Every Application for s n. or lo,�& wlnd -bio v i smr gravel extraction shall address the following: 1) When the proposal is near a river or stream the Applicant is required to submit an analysis by a professional engineer showing the boundaries of the floodplain and the floodway in the area of the pit. 2) Provide a Stormwater Management Plan that demonstrates how the project will not adversely affect surface or groundwater resources. Additionally, provide a Sediment and Erosion Control plan that demonstrates what best management practices will be used in the project. RTZ Gravel Pit PC — 3125109 Page 9 3) In all cases, an application for a gravel mining operation shall include a Spill Prevention Counter Measure and Control Plan (SPCC) that provides a program that handles spills of hazardous materials as well as local contact information for responsible personnel at the facility. 4) No application shall be accepted by the County without a letter from the applicable fire protection district stating that the proposed 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. 5) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. 6) Development in 100 year Floodplain: Floodways - located within areas of special flood hazard established in Section 6.03.02, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: a) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase or decrease in flood levels within the County during the occurrence of the base flood discharge. b) If Section 6.09.02 (1) (to be inserted when formatted) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 6.09. C) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, the County may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the Applicant obtains a Letter of Map Revision (LOMR) for a floodway revision through FEMA and that no mining activity shall occur until FEMA has approved a Letter of Map Revision (LOMR). d) In all cases, there shall be no storage of fuel or hazardous materials including concrete / asphalt batch plants within the floodway. 7) Standards for Areas of Shallow Flooding: Located within the areas of special flood hazard established in 6.03.02 are areas designated as shallow flooding also known as the flood - fringe. These areas have special flood hazards associated with base flood depths of I to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: a) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified). b) All new construction and substantial improvements of non- residential structures; 1) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; 2) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. X, RTZ Gravel Pit PC — 3125109 PaQ,e 10 c) A registered professional engineer shall submit a certification to the County Floodplain Administrator that the standards of this Section, as proposed in 6.08.02 (1) a., have been fully satisfied. d) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. 8) The proposed operation will be located a sufficient distance from other mining operations so as not to create cumulative impacts to the integrity of the water course. The Board of Commissioners will determine sufficiency of distance. 9) In- stream mining is not permitted. 10) All applications shall provide a de -water / discharge plan that provides a detailed graphic representation of how dewatering operations shall occur. This plan shall demonstrate that the discharge will not exceed state standards for discharge into a water course or wetland. 11) In all cases, the Application shall contain proof that the operation has adequate legal and physical water for the proposed application. Staff Remonse Legal Water - The application includes a court decree (Case No. 07CW88) from District Court, Water Division 5 in which the Underground Conditional Water Rights and Approval of Plan for Augmentation were considered. This decree includes two wells, the RTZ Gravel Pit Well No. 1 and RTZ Gravel Pit Well No. 2 each of which permit 2.0 cfs, conditional, with a total annual diversion of 50.8 (well l) and 12. 9 acre feet (well 2). The uses are identified as industrial (including gravel production and dust control), recreation and piscatorial. Estimated water requirements, including consumptive use and depletions, were calculated (based upon the 150, 000 tons per year of material proposed for extraction) at 4.4 acre feetper year for gravel production use and 8.4 acre feetper year for dust control. A water supply contract with the Colorado River Water Conservation District has been executed for 50.6 acre feet and the submittal documentation included applications for two well permits from the Colorado Division of Water Resources. The submittal of two approved well permits has been recommended as a condition of approval. Discharge dQ l i etlanA Detention Pond Kam: Floodplain and Wetlands - This site is bordered on its south by the Colorado River, however the mining plan provides a200 foot buffer to prohibit any disturbance in this sensitive area (other than construction of the discharge). There are three identified wetlands areas are located along the County Road and the Colorado River however the wetlands are excluded from the area of disturbance and mining activity. Water Quality — Stormwater and Erosion Control The submittal documentation contains a Stormwater Management Plan (SWMP), a Spill Prevention Countermeasure and Control Plan (SPCC), and a Sediment and Erosion Control Plan. These documents identify the protective methods that will be utilized to assure water quality related to the use and operation of this industrial activity, including Best Management Practices. 10 RTZ Gravel Pit PC — 3125109 Page 11 Fire District The Grand Valley Fire Protection District has reviewed this plan and has found it complies with the District and IFC 2003 requirements. Sufficient Distance The Board of County Commissioners are required to determine the sufficiency of the distance of the proposed operation from other mining operations so as not to create cumulative impacts to the integrity of the water course. The applicant has provided information related to discharge to a separate drainage swale and then to the Colorado River. This will result in no cumulative impact to water quality issues related to this site. 5.1 7.02 Air Quality Fugitive dust from disturbed areas is one of the primary causes of gravel pit air pollution. The potential for soil erosion potential also increases proportionate to the amount of disturbed area. Gravel Pits should make an active effort to reduce disturbed area through phased reclamation, efficient operations, and landscaping. Disturbed acreage can also provide a measure of visual impact when the operation is located on valley floor and there are residences on nearby hillsides. Opacity not to exceed 20 %. 1) All gravel operations in the County shall comply with applicable County, State, and Federal regulations regulating air pollution and shall not be conducted in a manner constituting a public nuisance or hazard. 2) Impacts on adjacent land from the generation of vapor, dust, smoke, or other emanations. All applications shall demonstrate how they will meet County, State, and Federal air pollution regulations. Any repair and maintenance activity requiring the use of equipment that will generate odors beyond the property boundaries will be conducted within a building at any time or outdoors during the hours of 7A0 AM to 8:00 PM, Monday - Saturday. 3) The proposed operation will be located a sufficient distance from other mining operations so as not to create cumulative impacts to air quality. 4) No application shall be approved until the Applicant submits evidence that all plants and processing equipment shall have current Colorado Department of Public Health and the Environment (CDPHE) Air Pollution Permits and shall meet current CDPHE emissions standards for air and water. Staff Response Air quality issues related to dust control and equipment on -site have been discussed in the submittal documentation however no air quality permits have been issued as yet. Staff includes a recommendation regarding the requirement to obtain the necessary permits prior to issuance of the Special Use Permit. Given that there is an existing gravel pit (Una Pit, a pre - existing use) is located directly east of, and adjacent to, this proposed area the applicant has stated that there is "sufficient distance" in terms of cumulative impacts to air quality. Given that the current proposal will be required to obtain the necessary air quality permits from CDPHE, and that the Una Pit is subject to the same standards staff would not foresee issues that cannot be adequately mitigated. 5.17.03 Noise / Vibration All gravel extraction operations in the County shall comply with applicable County, State, and Federal regulations regulating noise pollution and shall not be conducted in a manner I RTZ Gravel Pit PC — 3125109 Pav,e 12 constituting a public nuisance or hazard. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. 1) An Applicant shall submit a noise study that demonstrates the proposed gravel operation can meet the requirements in the matrix below based on measuring the sound levels of noise radiating from a property line at a distance of 25 feet or more beyond the subject property. (The image to the right shows a dashed line at 25 feet beyond the subject property where noise shall be measured.) 2) Note, the dB(A) threshold shown below shall be that ofthe receiver and not that of the emitter. For example, while the gravel operation would be considered an industrial operation, the dB(A) levels shown below are measured according to the neighboring uses so that if a residential use was located adjacent to the operation, sound levels could not exceed 55 dB(A) from 7 AM to 7 PM and 50 dB(A) from 7 PM to 7 AM. Zone 7 am to 7 m 7 m to 7 am Residential 55 dB A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light Industrial 65 dB(A) 70 dB(A) Industrial 80 dB(A) 75 dB(A) Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. Staff Agponse The applicant has submitted a noise assessment in which the sound engineer has reviewed the site, adjacent use, background ambient noise levels, and equipment noise levels related to this operation. The adjacent uses determine the maximum allowable noise levels which, for this site, will vary from residential at the southern boundary to industrial levels to the north and east. The sound engineer determined that the use of berming (15' high) along the southern and eastern boundaries of each phase during extraction activities will mitigate noise levels so that they are compliant with statutory requirements for the adjacent uses. Residential noise levels are required on the southern boundary while industrial noise levels are utilized for compliance on the north and east. Additional recommendations contained in the noise assessment include fitting all equipment with noise control devices such as mufflers, intake silencers, baffles and screens and all mobile equipment shall be fitted with "white noise " backup alarms. Jim Rada, Environmental Health Officer, has responded that additional noise level monitoring will take place duringpit development and operation to determine ongoing compliance with State Statute, Mr. Rada recommends that the operator work with adjacent property owners in evaluating noise impact on their properties as there may be topographic and meteorological affects in how the sound travels in the area. 5.17.04 Visual Impacts All applications for gravel extraction shall address the following: 1) All gravel operations proposed to mine areas greater than 30 acres shall be designed in multiple phases in order to minimize the visual impact of the gravel pit primarily by logical 12 RTZ Gravel Pat PC — 3125109 Page 13 "sequencing" and "overall layout' ' of the pit's design. 2) Design of the proposed use including the storage of heavy equipment is organized to minimize impact on adjacent uses of land through installation of screen fences, berming, and/ or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. 3) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property. 4) New long -term (more than one year) mining operations will minimize visual impacts along entryways to growth centers. Planning Commission and/or the Board of County Commissioners will determine sufficiency of minimization. 5) All application shall include a "Berming, Screening, and Buffering Plan" to aid in visual screening. Provisions in this plan shall be in place prior to commercial mining. Prior to site disturbance, the Applicant shall obtain a grading permit from Garfield County. The Applicant shall invite the Staff from the County Building and Planning Department to the site to inspect that the installation occurred pursuant to the plan presented to the Board of County Commissioners prior to the commencement of any commercial activity and issuance of the SUP. 6) All lighting shall be the minimum necessary, directed inward and downward towards the property. 7) Unless otherwise determined by the Board of County Commissioners, mining operations shall be allowed to progress so long as the previous pit has been reclaimed within 6 months after the commencement of the new pit mining operation. If the reclamation has not commenced in six months or have been completed within eighteen (1 S) months, all mining operations on the property shall stop until the reclamation / revegetation has occurred to the satisfaction of the County. Completion, including but not limited to top - soiling, seeding, mulching, sapling planting, and water filling of the lake, shall be determined by the provisions contained within the reclamation plan approved by the Board of County Commissioners. Staff Response 1 T .'•iJ S e�0oya e q$f AQfI�+� 4j�Nt U\ `irs� 0.� f q ff c; Sl��? �' ©✓sue{ AO�,� O� pTT� 13 RTZ Gravel Pit PC — 3125109 Page 14 The above graphic provides the proposed facilities layout which is a dedicated area in the northeast corner of the site. This area will contain an office trailer, water and sanitation, refuse and fuel storage areas, scales and parking. The crushing and screening operations occur adjacent to the facilities area within the boundary ofPhase X. That equipment will be moved to an adjacent area when mining commences in Phase III. The facilities area is located to avoid impacts to the residential properties to the south and east and further maintains a dedicated area of the site for these uses during the life of the operation. The location of the crusher and screener facility is centrally located which provides an additional noise buffer to the adjacent properties. According to County GIS Data the nearest residence is over one thousand feet from the property boundary. Structures in the Travellers Highlands commercial subdivision are at least 250 feet to the north of RTZ's property boundary. Lighting will be the minimum necessary for safety purposes and limited to the facilities area since there are no night -time operations planned at the site. Storage of heavy equipment is not requested in this application except for necessary equipment that be utilized in the extraction operations. Topsoil and overburden stockpiles will be utilized for berming on the south side of each phase and will provide screening of the extraction activity. 5.17.05 impacts to Counly Road System 1) All applications for a gravel extraction operation shall submit a traffic impact study prepared by a professional traffic engineer that identifies projected volumes oftraffic through the life of the project, expected haul routes and any improvements street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use. These improvements shall either be in place or shall be constructed in conjunction with the proposed use. 2) Truck traffic will not access the mining operation through residential or commercial areas, or such traffic will be mitigated. 3) The Applicant shall submit evidence of insurance for a minimum of $1,000,000 to cover any damages to public and private property, and Garfield County shall be named as an additional insured. 4) Roads used to access the construction site from the mine will be upgraded to withstand the additional traffic, and the permittee will prevent road damage and mitigate dust, under the supervision of the Road and Bridge Director. 5) The Applicant shall obtain driveway access permitts issued by Garfield County Road & Bridge Department at specific locations to be approved by the Road and ridge Department. These permits shall have conditions specific to the driveway /s. This may include stop signs at entrance to County Road. The stop signs and installation shall be as required in the W TCD (Manual on Uniform Traffic Control Devices). Paved or concrete apron/s shall also be required as specified by the issued permits. 6) If road damage on a County Road becomes evident due to the traffic generated from the gravel pit operation, the Road and Bridge Department shall require that repair or replacement of the road surface as determined by Garfield County Road & Bridge Department become the responsibility of the owners or operators of the gravel pit operation. Staff Response The applicant has included a traffic study prepared by Felsburg, Holt and Ullevig in August of2007. Response from both CDOT and County Road and Bridge included comment regarding the insufficiency of the data due to changes in the traffic since that time. CDOT also commented that the 14 RTZ Gravel Pit PC — 3125109 Page 15 background traffic numbers in this study were substantially d fferentfrom information received from other applications in this vicinity. An update to this information is required and will be necessary in order to obtain the required permits. Staff'has included a recommended condition of approval for the requirement of a State Highway Access Permit and a County Driveway Permit prior to issuance of the Special Use Permit. This intersection has been reviewed previously during other applications in this area and discussion occurred regarding the necessity of improvements at the intersection ofCR 300 and State Highway 6 Staff recommends a conditional requirement that the Applicant obtain a State Highway Access Permit due to the fact that the traffic generated from the use will exceed the CDOT 20% threshold. The Applicant has provided information regarding the driveway improvements including an adequate width to assure a safe turning radius both into and out ofthe site. This access is planned to be paved thereby mitigating the dragging of mud onto the County Road by trucks leaving this site. Road and Bridge included comments regarding the current use ofthe shoulders along the west side of CR 300 as a stopping area for trucks. This has caused the shoulders to erode and has negatively impacted the ditches along the roadway. It is unknown if this traffic is related to the Una Gravel Pit or if it is related to the Oil and Gas Industry. Standard concerns from R&B include the requirementfor oversize%verweightpermits for vehicles, as well as notice that road repairs /improvements ofCR 300 may require participation ofthe applicant. 5.17.06 Impacts to Wildlife 1) The Applicant shall demonstrate the presence or absence of Threatened and Endangered species as well as the presence or absence of critical habitats for Threatened and Endangered species. 2) The Application shall contain a Wildlife Impact Analysis prepared by a professional that identifies existing wildlife habitat and impacts on wildlife as a result ofthe project which may include but be not limited to impacts to domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Staff Re�nnse The application did include a Wildlife Assessment Report prepared by Rocky Mountain Ecological Services, Inc. in which they discussed the existing wildlife habitat and impact that mayresultfrom the operation of the proposed use. The biologist included a list of Impact Minimization Recommendations including: L Lighting — excessive or night -time lighting is not recommended in order to allow big game use ofthe area; 2. Roads -- Minimize fencing along the roads and remove old, non functional fences to facilitate movement and retaining walls should minimized; 3. Fences — specifications and requirement for snow fencing or silt fencing; 4. Landscaping and Revegetation — Since the area is used as winter range and critical winter range, the reclamation ofthe site will need to occur using native plan species and vegetation profiles. Revegetation should occur as soon as possible with planting in the spring recommended due to big game having left the area. 5. Dogs — Dogs should be under leash control. Dogs are sometimes brought to the site by contractors and there have been issues reported about the dogs harassing the wildlife. 15 RTZ Gravel Pit PC - 3125109 Page 16 These items are recommended as conditions of approval for this proposal. 5.17.07 Compatibility with Surrounding Land Uses The following regulations shall apply to all gravel operations in the County: 1) No permit shall be approved unless sufficient distances separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). 2) The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3) Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right -of -way. 4) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres in size. 5) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 6) Shall be compatible with surrounding agricultural, residential, and recreational land uses by selection of location and/or mitigation. 7) The proposed operation will be located a sufficient distance from other mining operations so as not to create non- mitigatable cumulative impacts to roads, air and water quality, or other resources and amenities. 8) Unless otherwise determined by the Board of County Commissioners, The gravel pit hours of operation will be 7:00 a.m. to 8:00 p.m. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7:00 am to 6:00 pm allowing for administrative and maintenance activities to take place until 8:00 p.m. No operations except emergency maintenance to ensure the integrity of operating equipment shall take place on Sunday. Staff Response The surrounding industrial uses are compatible with the requested use of gravel extraction on this site. The regulations require the applicant demonstrate that sufficient distance separates this proposal from an adjacent gravel pit (Una Pit) due to cumulative impacts of two such operations in fairly close proximity . The Applicant has responded that it is doubtful that concurrent operation of the two pits will occur since the Una Pit is near the end of its operational life and reclamation has commenced on portions of the site. Even so, if the two pits would operate concurrently the applican is unaware of any cumulative impacts that could not be adequately mitigated. 5.17.08 Reclamation / Enforcement Reclamation shall be done to create an aesthetically pleasing site or reclaimed area that will blend with or improve upon the surrounding areas. All applications shall submit a Reclamation Plan that specifically addresses the following aspects of reclamation: slopes, vegetation, lake / pond shape & character, wildlife habitat / agriculture, phasing and berms. Additionally, The State of Colorado Division of Reclamation, Mining and Safety has minimum standards for reclamation. For example, reclaimed slopes are typically required to be 3:1 or shallower. This standard creates stable slopes but does not necessarily result in a landscape that blends with the surroundings. The same is true for other aspects of reclamation. All Reclamation plans shall follow the following design criteria: 1) Slopes 16 RTZ Gravel Pit PC — 3125109 Page 17 a) Wetland Criteria: Varied slopes predominantly 5:1 or shallower, at least 80% 5 :1, and 25% 10:1 or shallower in wetland zone. b) Dryland Criteria: Varied slopes predominantly 5:1 or shallower, seamlessly blends with surrounding landscape. Wetland Shelf Design: For arcas not adjacent to oxlsting well ands Cottonwood Sapings Planted Or Cxls'Ing Troos Avoided r?q 15' Wotland Shell Oniglnal Pre-Alining Surface t Approximate Lake Surlace 3 -.- .._,_,, ... Topsoil Replaced 5' Wetland L'dngo 1 L „ to Pepin or 1.0' 9 z Stumps and Roots Placco in Pies on the Lake HoNom for Fish Ha4Rat Fi(virP 111 - Examolp of stone (iiaoram. 2) Vegetation a) Wetland Criteria: Variation in revegetation, revegetation to include planting of trees and /or shrubs, if seedlings or sprouts plantings occur as part of phased reclamation and not just at the end of the mine life. Established trees or shrubs in final reclamation phase are at least 8' tall or 2" caliper trees or 5 gallon shrub containers. Active irrigation shall be employed in revegetation areas during the life of the mine or until revegetation is self - sustaining. b) Dryland Criteria: Variation in revegetation, revegetation to include planting of trees and/or shrubs, if seedlings or sprouts plantings occur as part of phased reclamation and not just at the end of the mine life. Established trees or shrubs in final reclamation phase are at least 8' tall or 2" caliper trees or 5 gallon shrub containers. Active irrigation in revegetation areas during the life of the mine or until revegetation is self - sustaining. 3) Lake 1 Pond Shape and Character: Reclamation with multiple ponds or lakes with substantial islands or peninsula (at least 20% of total surface) to break up surface, undulation of shorelines provides natural appearance. 4) To the extent permitted by law, unless all disturbance created by the mining operation is covered by a reclamation bond under jurisdiction of the Colorado Division of Reclamation, Mining and Safety, or by the federal government on federally owned lands, a bond or other acceptable financial performance guarantee shall be submitted in favor of Garfield County in an amount of at least 150 percent of the cost of restoration of the site and access roads. The required amount of such financial performance guarantees may be increased at the discretion of the Board of County Commissioners to account for inflation. A bid for site restoration acceptable to the permittee and Garfield County shall be submitted to the Planning Department as evidence of the cost of reclamation for bond setting purposes. 5) To the extent permitted by law, the Board of County Commissioners may require a financial performance guarantee in addition to that required by the 17 RTZ Gravel Pit PC — 3125109 Pa .ze 18 Colorado Division of Reclamation, Mining and Safety to insure that certain conditions of a permit will be complied with. The required amount of such financial performance guarantees may be increased at the discretion of the Board of County Commissioners to account for inflation. The County will not require financial guarantees that are duplicative of that required by the DRMS. 6) The operator will submit an annual report to the County Building and Planning Department with GPS measurements shown on a map showing the current disturbance, what areas have been backfilled, where topsoil stockpiles are located, all site structures, what areas have been seeded, mulched and what is planned for the ensuing 12 months. 7) The County commits to notifying the Operator of any compliance concern and allows an inspection with site personnel and the designated County inspector prior to contacting any agency. 8) The County can request a site inspection with one day's notice to the Operator. Full access to any part of the site will be granted. On request, all paperwork must be shown. The County cannot request a large number of inspections that would interfere with normal operation without cause. 9) A full list of all other permits shall be provided to the County. Any person at any time can call the following agencies directly and request an inspection if they believe a condition of that agencies permit is being violated. a. CDPHE Air Quality Control 303 - 692 -3150 b. CDPHE Water Quality Control 303- 692 -3500 c. US Army Corps of Engineers 970 -243 -1199 d. Division of Reclamation, Mining and Safety 303 -866 -3567 e. CDOT Grand Junction office 970 - 248 -7000 10) The County will be invited to any bond release inspection of the State Division of Reclamation, Mining and Safety. The County inspector will have the opportunity to demonstrate that any item of the permit has not been complied with and that bond should not be released. 11) The Operator acknowledges that the County has performance standards in place that could lead to revocation of the Special Use Permit if continued violations of the permit occur over a period of time. 12) The County shall not issue a Special Use Permit until all required local, state, and federal permits have been obtained and submitted to Garfield County including but not limited to the municipal Watershed Permit, CDPHE, USACE, NPDES, Division of Water Resources (approved well permits and plan for augmentation), etc. 13) The reclamation plan approved by Garfield County in the Special Use Permit shall be resubmitted to the DRMS to become the only reclamation plan (tasks / timetables) used by both the County and DRMS. Additionally, a bond shall need to be calculated to cover this plan and secured with DRMS to cover its implementation. 14) The Applicant shall provide locations of county listed noxious weeds on a map. Once the inventory is provided the Applicant shall develop a weed management plan that addresses all county listed noxious weeds found on site. This weed management plan shall be submitted to the County Vegetation Manager for approval prior to the issuance of a SUP. 18 RTZ Gravel Pit PC -- 3125109 Page 19 StaffResponse The proposed reclamation of the site includes ponds that incorporate undulating shorelines and recommended slopes to 5' below the water surface. The Applicant has also stated that there may he a future residential component requested on this property. Conditions of approval regarding the reclamation plan are those standards previously applied to gravel pits recently approved by the BOCC and compliant with the above regulations. X. STAFF DISCUSSION A. Road impacts to CR 300 and the intersection with Highway 6 have recently been discussed, particularly the condition of the intersection given the amount of traffic utilizing the area. This issue becomes more evident as development in the area has occurred and applications have been submitted to the c. It has reached the point where intersection improvements are now required. The Applicant will be required to obtain a State Highway Access Permit prior to commencing this use should it be approved. The issuing of the permit may result in improvements being required at the intersection and the Applicant has stated that they are willing to pay their fair share for those improvements. The County is currently in process of compiling the necessary engineering information regarding improvements. A condition is in place regarding the necessity of obtaining a SHAP, however prior to that time the Applicant must update the traffic numbers which both CDOT and Road & Bridge have said are out -of -date. Further discussion is required regarding the proposed haul route, as stated in the application the State Highway system will be the primary route. However given the amount of construction activity to the south of CR 300 it would appear that the County Road system may be utilized as well. If so, there may be safety issues and adverse impact to air quality standards due to the hauling of sand and gravel. Staff has recommended a condition requiring truck loads be covered to mitigate this issue. B. Compatibility and cumulative impacts are issues that are raised throughout the Gravel Regulations. Certainly the compatibility issue has been met given the industrial nature of the Highway 6 / CR 300 vicinity — it is important to note that much of this activity is related to the abundant natural resources found both along the Colorado River and in the western portion of Garfield County. Though rich in natural resources there is also a significant population that resides to the south of the Colorado River and they have been impacted by the effects of extraction activities related to both gravel and Oil & Gas. The Colorado Geologic Survey resource map clearly shows this site as a Category 1 with High Potential for resource. This category is typical of the alluvial river valley where significant gravel deposits lie, and since extraction can only occur where there is resource it is not unusual to see gravel pits along river corridors. Cumulative impacts are sure to result to air quality, water quality and traffic when there are numerous operating pits within close proximity to each other and negative impacts may occur to nearby residences as well. Staff has reviewed the information supplied by the Applicant regarding demonstration that cumulative impacts can and will be mitigated, however the Board of County Commissions must make a finding that sufficient separation exists between these two gravel pits. XI. PROPOSED FINDINGS That proper posting and public notice was provided, as required, for the hearing before the M RTZ Gravel Pit PC — 3125109 Page 20 Planning Commission; 2. That the meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing; 3. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare ofthe citizens of Garfield County; 4. That the application is in conformance with the 1978 Garfield County Zoning Resolution, as amended and the application is in conformance with the Comprehensive Plan of 2000, as amended. XII. STAFF RECOMMENDATION 1. All material representations made by the Applicant and their representatives in the application or during the public hearing must be adhered to as conditions of approval unless otherwise stated by these conditions. 2. This approval shall expire ifthe Special Use Permit has not been issued within one year ofthe date of approval of the application. The Special Use Permit shall expire ,%ao,ojycars from the date of issuance. If mining operations have not ceased and reclamation of the site has not been completed to the satisfaction of Garfield County and the DRMS, the Applicant may request an extension of the permit be granted by the Board of County Commissioners. 3. The operation of this activity must comply with all local, state and federal requirements. 4. Hours of Operation related to mining activity shall be limited to 7 a.m, to 8 p.m. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7:00 am. to 6 p.m. allowing for administrative and maintenance activities to take place until 8:00 p.m. 5. The site is required to comply with the recommendations contained in the Noise Assessment Report prepared by EDI, Inc. as follows: a. Noise control methods such as barriers or berms using overburden or stockpiles may mitigate the noise emissions from stationary equipment; b. All equipment operated by the Applicant will be fitted with noise control devices such as mufflers, intake silencers, bares and screens that are equal to or better than manufacturer's original configurations. c. Customer's haul trucks shall not exceed the noise limits listed in CRS 25 -12 -107. The Applicant or the Applicant's pit operator may monitor the noise emissions of the Customer's haul trucks and prohibit their access to the pit until they are in compliance with the noise emission limits. d. All of the Applicant's mobile equipment used at the pit shall be fitted with the "White Noise" Backup Alarms that have been installed and adjusted to meet the requirements set forth by the U.S. Department of Labor, Mine Safety and Health Administration (MSHA). Oki] RTZ Gravel Pit PC — 3125109 Pa —ze 21 6. Prior to issuance of the Special Use Permit copies of the following permits, or sufficient demonstration thereof, must be submitted to the Building and Planning Department and said permits must be consistent with the approvals granted herein: a. Well Permits consistent with the Court Decree of Case No. 07CW88 (including application for variance approval to the Board of Examiners for Water Well Contracts) and satisfactory to allow for construction and on -going maintenance of ponds associated with reclamation of the site; b. Division of Reclamation and Mine Safety 112 Permit and reclamation plan; c. State Highway Access Permit; d. Garfield County Road & Bridge driveway permit; e. The general mining Air Pollution Emission Notice (APEN); f. The dust mitigation plan Air Pollution Emission Notice (APEN); g. The crushing and screening equipment (individual) Air Pollution Emission Notice (APEN); h. If necessary, an Air Emission Permit related to mining operations that produce greater than 70,000 tons per year; i. Process Water and Stormwater Discharge Permits; j. Construction De- watering Permit. Any person at any time can call the following agencies directly and request an inspection if they believe a condition of that agencies permit is being violated: CDPHE — Air Quality Control 303 -692 -3150 CDPHE Water Quality Control 303 -692 -3500 US Army Corps of Engineers 970 -243 -1199 Division of Reclamation and Mine Safety 303 -866 -3567 Colorado Department of Transportation 970 - 248 -7000 7. Prior to issuance of the Special Use Permit the Applicant shall submit affidavits from water, wastewater and waste disposal companies for service compliant with the approvals granted herein. 8. A Floodplain Permit is required prior to issuance of the Special Use Permit. 9. All operational activities including, but not limited to, office space, employee parking, fuel storage, sanitation facilities and equipment storage shall be limited in location to that area which is identified on the site plan as the Facilities Area. 10. Pursuant to the recommendation of the Colorado Division of Wildlife on -site refuse containers must be bear - proof. 11. The site must adhere to the recommendation of their wildlife biologist as follows: a. Lighting -- excessive or night -time lighting is not recommended in order to allow big game use of the area; b. Roads — Minimize fencing along the roads and remove old, non functional fences to facilitate movement and retaining walls should minimized; C. Fences — specifications and requirement for snow fencing or silt fencing; d. Landscaping and Revegetation — Since the area is used as winter range and critical winter range, the reclamation of the site will need to occur using native plan species and vegetation profiles. Revegetation should occur as soon as possible with planting in the spring recommended due to big game having left the area. 21 RTZ Gravel Pit PC - 3125109 Pa -ae 22 e. Dogs - Dogs should be under leash control. 12. In any mining phase, the mined slope length will be backfilled at a minimum of 3H:1 V prior to tpsoiling and seeding. 13. The amount of mined slope allowed to be present that is not backfilled at any given time is 1000 feet. 14. The amount of backfilled slope that is not topsoiled is limited to 400 feet. Topsoiling is required on all surface areas down to 5A' below expected water level. 15. Seeding and mulching according to the approved plan will occur on all topsoiled areas each spring (March 15 -April 15) or fall (September 15 to November 15) no matter how small the area is. 16. The mining operations shall be allowed to progress so long as the prior phase has been reclaimed within 6 months after commencement of the new phase of mining operation. Ifthe reclamation has not commenced in six months, or if reclamation has not been completed within 18 months, all mining operations on the property shall stop until the reclamation 1 revegetation has occurred to the satisfaction of the County. Completion, including but not limited to top - soiling, seeding, mulching, sapling planting, and water filling the lake(s) shall be determined by the provisions contained within the reclamation plan approved by the Board of County Commissioners. 17. The operator will submit an annual report to the County Building and Planning Department with GPS measurements shown on a map showing the current disturbance, w hat areas have been backfilled, where topsoil stockpiles are located, all site structures, what areas have been seeded, mulched and what is planned for the ensuing 12 months. 18. The County commits to notifying the operator of any compliance concern and allows an inspection with site personnel and the designated County inspector prior to contacting any agency. 19. The County can request a site inspection with one day's notice to the operator. Full access to any part of the site will be granted. On request, all paperwork must be shown. The County cannot request a large number of inspections that would interfere with normal operation without cause. 20. The County will be invited to any bond release inspection of the State Division of Reclamation and Mine Safety. The County inspector will have the opportunity to demonstrate that any item of the permit has not been complied with and that the bond should not be released. 21. The Operator acknowledges that the County has performance standards in place that could lead to revocation of the Special Use Permit if continued violations of the permit occur over a period of time. 22. The reclamation approved by Garfield County in the Special Use Permit shall be resubmitted to the DRMS to become the only reclamation plan (tasks / timetable) use by both the County and DRMS. Additionally, a bond shall need to be calculated to cover this plan and secured with DRMS to cover its implementation. 22 RTZ Gravel Pit PC — 3125109 Page 23 23. The Applicant shall provide locations of County listed noxious weeds on a map. Once the inventory is provided the Applicant shall develop a weed management plan that addresses all County - listed noxious weeds found on site. This weed management plan shall be submitted to the County Vegetation Manager for approval prior to the issuance of the Special Use Permit. 24. Prior to issuance of the Special Use Permit the Applicant shall submit evidence of insurance for a minimum of $1,000,000 to cover any damages to public and private property, and Garfield County shall be named as an additional insured. 25. A Berming, Screening and Buffering Plan shall be submitted to Building and Planning prior to the Board of County Commissioner public hearing on this application. This information is currently contained in various areas within the submittal documentation however staff requests one document, entitled as above, containing the related information. 23 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: February 3, 2009 Comments Due: February 24, 2009 Name of application: RTZ Gravel Pit Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e- mailed, or faxed to: Garfield County Building & Planning Staffs contact: Kathy Eastley 109 8t' Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970 -384 -3470 Phone: 970- 945 -8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. Garfield County Road & Bridge Department would request an onsite inspection with all concerned parties to discuss ways to alleviate problems along the west side of Cr. 300 bordering the subject property. This would include problems with parking along the west side of Cr. 300 and drains a issues alon the west side of Cr. 300 bordering the subject property. If the traffic counts used from the Garfield County website are the 2002 traffic counts we would re guest a new traffic count based on the current traffic load on Cr. 300. We would re nest a current traffic count at the intersection of Cr. 300 and State Hiv-hwgy 6 on Cr. 300 and a current traffic count at the Una Bridge crossing the Colorado River on Cr. 300. We would request that the driveway access permit be issued with a minimum entrance opening of 100 -feet width to accommodate trucks turning without crossing Cr. 300 when entering or exiting the driveway access. _ We have concerns about the number of trips per day based on activity from other rg avel_ its in the local area and if these are hard numbers that we can count on from the subject gravel vit. All vehicles hauling equipment and materials for this project shall abide by Garfield County's oversize /overweight permit system. All vehicles requiring oversize /overweight permits shall apply for them at Garfield County Road & Bridge Department. All of Cr. 300 is covered under Garfield County's oversize/overweight permit s stem after exiting State Highway 6. _ The applicant may be asked to participate in road repairs and or road improvements to Cr. 300 during the life time of this project. The applicant will be required to cleanup any contaminants from their operation that is deposited on Cr. 300. This would include mud, rocks or any type of debris from their operation. Revised 3130/00 GARFIELD COUNTY Building & Planning Department Review Agency Form Garfield CoInty Road & Bridge De artment would ask to reserve the right to make further comment prior to final approval of this project should other issues arise. Name of review agency:_ Garfield County Road and Bridge Dept By: Jake B. Mall Date February 10, 2009_ Revised 3/30/00 MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: RTZ Gravel Pit SUP17108 Date: February 23, 2009 Noxious weeds Mapping and inventory: The applicant refers to noxious weeds in the Reclamation Plan and in the Wildlife Assessment Report; however specific locations are not detailed. Staff requests that the applicant provide a noxious weed inventory and map with their application. Once the inventory is provided the applicant shall develop a weed management plan that addresses all county listed noxious weeds found on site in areas that will be unmined. This includes the weedy trees, Russian olive and tamarisk. Management: The weed management plan should provide for immediate treatment of the aforementioned species in areas where haul truck activity is prevalent The applicant shall also address long term management of Russian olive and tamarisk along the reclaimed ponds. We continue to see a proliferation of Russian olive and tamarisk along the shorelines of the newly reclaimed ponds in former gravel pits. The applicant needs to address a strategy for Russian olive and tamarisk management. EX H BIT Kathy A. Eastley From: Jim Rada Sent: Monday, March 09, 2009 3:39 PM To: Kathy A. Eastley Subject: RE: RTZ Gravel Pit Attachments: Jim Rada 0rada @garfield- county.com).vcf Kathy, I offer the following comments on the referenced SUP application: 1. The Air Pollution Emission Notice (APEN) included with the dust mitigation plan is not signed and therefore would be considered incomplete by the CDPHE APCD. 2. Individual APENs must be submitted for each piece of crushing and screening equipment along with the general mining APEN application. This is clearly and prominently stated on the Mining Operations APEN application. No additional APENs were included in the submittal. 3. The CDPHE APCD has no record in their databases of an APEN being submitted for RTZ Gravel Pit, LLC. 4. According to the CDPHE APCD, any gravel mining operation producing over 70,000 tons per year generally will be required to have an air emission permit. There is no information in the submittal that the applicant has applied for an emissions permit from the APCD. 5. According the CDPHE APCD, all necessary permits or written confirmation of exemption must be in place before any construction on the site can begin. 6. The hours of operation stated on the Narrative (7 AM to 8 PM, Monday through Saturday from March through November. December through February,7 AM to 6 PM, Monday through Saturday) are inconsistent with the hours of operation on the APEN application (12 hours per day, 5 days per week) included in the dust mitigation section of the submittal. According to the CDPHE APCD, this can represent a significant issue in terms of the air quality emission permit. 7. The dust mitigation plan is somewhat vague. As close as this operation is to the highway and county roads, strong dust management is not only necessary to prevent air pollution issues but also to mitigate potential safety hazards on the roads due to visibility impairment. 8. The Process Water and Stormwater Discharges Associated With Sand and Gravel Operations permit and the Stormwater Permit applications submitted with the SUP application are not signed and I have not been able to contact the CDPHE WQCD to determine if they are in receipt of these applications. There is no permit certification in the CDPHE on -line stormwater permit spreadsheet for this operation. All required state water quality permits must be in place before earth disturbance can begin. 9. The letter from EDI included in the noise study appendix and dated 12/31/08 indicates that additional noise level monitoring will take place during pit development and during operation of the pit to determine compliance with the State Noise Statutes. I recommend that in addition to 25 feet from the property boundaries, that the operator work with neighboring homeowners to evaluate noise on their properties during these phases as meteorological and topographical conditions can make a big difference in how sound travels in that area. Sound level surveillance that I have done in this area in the past showed noise levels from the existing pit coming very close to the permissible residential sound level of 55 dBA at over 1000 feet from the pit operations. Thanks for the opportunity to review this application. 3/9/2009 EXHIBIT Kathy A. Eastley From: Roussin, Daniel [ Daniel.Roussin @DOT.STATE.CO.US] Sent: Friday, February 13, 2009 4:39 PM To: Kathy A. Eastley Cc: Babler, Alisa; Yeates, Sean Subject: Specialty Restaurants Corporation Kathy — As you are aware, CR 300 has another development (Strong Subdivision) which will impact the roadway by 20 %. The traffic study provide (dated August 17, 2007 by FHU) is outdated. The normal practice for a traffic study submittal is one year. This one is over 20 months old. I don't know why the existing numbers are different than the Strong Subdivision (over 200% difference) The study time was within a month of the Strong study (Sept 14, 2007). Based upon the FHU study, this project would still need an access permit for their use. I would recommend that the two uses combined into one study to show what exactly is needed at this intersection with all the impacts. I have spoken with County about the improvements and it appears that the County is investigating the possibility of the improvements. CDOT is willing to work with the County on the access project administration, but CDOT doesn't recommend that this project move forward until all the needed safety improvement are in place at CR 300/US 6. Let me know how I can help you go thru the access process. I am willing to schedule a time to work with both applicants and the County on this project. If you have any additional questions, please let me know. Thanks Dan Roussin R3 Permit Manager 222 South 6th Street, Rm 100 Grand Junction, CO 81501 970 -683 -6284 970 -683 -6290 Fax 3/9/2009 STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL. OPPORTUNITY EMPLOYER Thomas E. Remington, Director Den r, Colorado Denver. Cnlnrado 80216 act Telephone: (303) 297 -1192 wildlife. state.co.us February 23, 2009 V�'B S CG �N N Kathy Eastley fi'PRFtG p Staff PlannerV1L�IN 108 81' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945 -8212 Re: RTZ Gravel Pit/ SUP17108 / Gravel Pit/ Garfield County Dear Ms. Eastley: For Wildlife- For People Thank you for the opportunity to continent on the proposed RTZ Gravel Pita The approximately 131 - acre site is located .5 miles southwest of the town of Parachute on the west side of CR 300 at Highwa' r 6 in the SE 'la of the SE'14'of Section' 28 and in' Section 333, Township '1 South, Range 96'West of the 6t Principal Meridian, in the County of Garfield and State of Colorado. The,mission of the Colorado Division of Wildlife. (CROW) is to protect, preserve, enhance, and manage the.wildlife and their environment for the use, benefit, and enjoyment of the people of Colorado and its visitors. One of the ways. we achieve our mission is to comment on land use proposals such as the request we have received from your agency. Our goal is to provide complete, consistent and timely information to all entities who request comment on matters within our statutory authority and our mission. ''Wildlife Habitat The 131 -acre site can be broken down into three distinct habitat types. As the Wildlife Assessment Report from Rocky Mountain Ecological Services shows on page 2, the proposed gravel pit is on property with an upland portion dominated by greasewood and to a lesser extent, rabbit brush. Also present are man-made borrow pits, from which berms and levees have been erected in an attempt to control flooding: of the Colorado River. Finally, on the south side of the property, near the Colorado River, there. i§ a riparian. area with uneven -aged cottonwood trees forming the. canopy. ,Wildlife Use.. The area. ground the proposed, gravel pit has= already been clearly affected by human deve�opirient: The northern -erid of the property is bounded by Interstate 70, which is fenced on each side to prevent ingress of wildlife, and by State Highway 6 and 50. The property is bounded on the east side by Garfield County Road 300, and directly across the road there exists a sand and gravel operation which presently is in production. To the south of the site lies the Colorado River, which has been bermed and levied DEPARTMENT OF NATURAL RESOURCES, Hanis D. Sherman, Executive Director WILDLIFE COMMISSION, Robert Bray, Chair • Bran Coors, Vice Chair • Tim Glenn, Secretary Members, Dennis Buechler . Jeffrey Crawford • Dorothea Farris • Roy McAnally • Richard Ray • Robert Streeter Ex Ofirclo Members, Harris Sherman and John Stutp from materials extracted from the site itself. However, considering the local development and activity, wildlife continues to use the property.. Mule deer and elk use the site and surrounding areas during the winter months. As new roads and increased activity on the higher elevations south of the Colorado River have added pressure to deer and elk, the importance of low - elevation winter range has increased. The stretch of the Colorado River that runs near the property is suitable habitat for river otters, marginal bald eagle roosting areas, and four endangered Colorado River fish species (Colorado pikeminnow, razorback sacker, humpback chub, and bonytail chub). Habitat Loss & Habitat Fragmentation The two main impacts to terrestrial wildlife from the proposed RTZ Gravel Pit include the permanent loss of wildlife habitat and fragmentation of existing habitat, This development will reduce the amount of habitat available for wildlife using this tract; the approximately 41 acres of mined land equate to habitat loss, primarily for local mule deer and ells. Although the area will be reclaimed with two ponds, there will be little utility to deer and ells, aside from a potential water source. Also, if the site is subdivided into 24 residential lots and further developments occurs, the potential for habitat loss will only increase. In general terms, habitat fragmentation occurs any time an object impedes the movement of wildlife across the landscape. On this site, roads, fences, steep berms, and ditches could all lead to habitat fragmentation. The loss of 41 acres of habitat and possible fragmentation across 131 acres may be. only slightly harmful to wildlife on a small scale; however problems can arise when many small -scale losses become. apparent in the large -scale view of a landscape. Thus, the Colorado Division of Wildlife recommends that Garfield County employ a collaborative approach with local cities and counties along with other developments within the county to maintain wildlife habitat in as whole a state as possible.. By wildlife habitat types contiguous and of larger size, the overall benefit to wildlife increases dramatically. Impact Reduction The Colorado Division of Wildlife recognizes and appreciates the work that went into Rocky Mountain Ecological Service's Wildlife Assessment Report.. The Impact Minimization Recommendations, found on page 24 of the report, are ecologically sound and should be strongly considered. Sections 4.l(Lighting and Game Use), 4.2(Roads), 4.3 (Fences), 4.4(Landscaping and Revegetation), and 4.5(Domestic Dogs) are appropriate to the site and suggested for this and future developments. The area of most concern on this development should be the riparian corridor on the north side of the Colorado River, and the river itself. The Impacts Assessment section of the Wildlife Assessment Report provides a clear summary of the likely impacts of the proposed gravel pits and the resulting effects on local populations. The Colorado Division of Wildlife recommends no surface - disturbing activities within 300 feet of the river. Riparian areas serve an important role both as a habitat for reptiles and amphibians and other small animals, and as a buffer to river. systems. To protect the species present adjacent to the site and farther downstream, there should be no reduction of instream flow or decrease in water quality. Finally, the ponds which are planned for the reclamation stage, if stocked, should only be stocked with native fish species. A single flood event could result in the widespread distribution of an unwanted species if a pond was stocked with a non - native species. The special use permit application also includes many impact - reducing measures, several of which should be highlighted: There is no asphalt or concrete mixing operations involved, reclamation will occur continuously as mining is completed, a fugitive dust plan has been drafted and there are no nighttime activities planned. To avoid the spread of noxious weeds, equipment should be inspected and cleaned before coming to the site, and again before. leaving. On a site this large, there will be negative impacts to wildlife, however the impacts can he minimized as much as possible by adhering to the suggestions spelled out in the Wildlife Assessment Report and limiting deviations from the mining plan. Further Information In most situations, people and wildlife can coexist. Most dangerous and potentially harmful encounters occur because people fail to leave the animals alone. Wildlife should not be harassed, captured, domesticated or —in most cases—fed. intentional or inadvertent feeding is the major cause of most wildlife problems.. Black bears are present in the Parachute area during the spring through fall months, and mountain lions may be found year round in the surrounding country. Therefore, the Colorado Division of Wildlife strongly recommends the use of bear -proof trash containers at this site. Additional information is available from the Division of Wildlife in the following brochures: "Don't Feed the Deer, Living with Wildlife in Coyote Country, Living with Bears in Colorado, and Living with Wildlife in Lion Country. Thank you again for the opportunity to comment on the proposed RTZ Gravel Pit. Please do not hesitate . to contact us about ways to continue managing the property in order to maximize wildlife value while minimizing potential conflicts. If you have further questions please contact District Wildlife Manager Dan Skinner at (970).255-6124. Sincerely, JT. Romatxlce Area Wildlife Manager Colorado. Division of Wildlife f :'') � j c � _ a VAL(Fy �p fiRe C EXHIBIT GRAND VALLEY FIRE PROTECTION DISTR 1777 S. BATTLEMENT PARKWAY, PO BOX 295 PARACHUTE, CO 81635 PHONE: 285 -9119, FAX (970) 285 -9748 February 18, 2009 Kathy Eastley Garfield County B & P Dept 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: RTZ Gravel Pit Ms. Eastley, I have reviewed the Special Use Permit — Resource Extraction for the above listed gravel pit located adjacent to the Una pit. It appears that everything follows IFC 2003 and Fire District requirements. This letter is to serve as approval from the Grand Valley Fire Protection District. It is the responsibility of the owner to make sure that the property complies with International Fire Code 2003. If you should have any further questions or comments please feel free to contact me at the number listed below. Rob Ferguson Deputy Fire Chief - Operations Grand Valley Fire Protection District Office: (970) 285 -9119 Fax: (970) 285 -9748 email: gvtpdops ri;sopris.net Cc: Fire Chief Blair File nCfIVV,ID MAR 0 7rna, BUILDING PLANNING March 4, 2009 Planning Department 108 8t' Street, Suite 401 Garfield County Plaza Building Glenwood Springs, CO 81601 Gentlemen: Freda Webb 3063 S. Sherrelwood Drive Canon City, CO 81212 Please accept this letter as my strong opposition to the proposed Special Use Permit applied for by Specialty Restaurants Corporation and Stockton Restaurant Corporation, as owners and RTZ Industrial, LLC, as operator for "Extraction, Storage, Processing, and Material Handling of Natural Resources" for a Gravel Pit in connection with those parcels included in the correspondence received by Certified Mail from Balcomb & Green, P.C. 1 am 85 and unable to drive, so am unable to attend the hearing. opportunity to provide my views by mail. Sincerely, Freda L. Webb Thank you for the �r