eff lenwood@ il - garfield county, colorado€¦ · from: sent: to: lenwood ma¡l.com sara sims ...

eff lenwood@ il.com

From:Sent:To:Subject:

Julie Rippy <jnvgraphics2S@gmail'com>

Monday, March 30,202011:52 AM

comment@loveglenwood'orgGarfield County's use of the 1041 review process

Hithere. Below is a statement we would like submitted to the Garco P & Z Commission' Thanks!!

Greetings commissioners. we are writing to voice our support of Garfield county's strong new standards to govern

mining operations across the county and the 1041 review process. we feel that the adoption of these standards would

help to protect ttre economy, quality of life, and health/safety of Garfield County residents and businesses'

prease take our support of these new standards into consideration when discussing this important top¡c that has the

potent¡al of greatly affecting all of our futures'

Thank You for Your time!

Randy and Julie RiPPY

I

ieff. @qmail.com

From:Sent:lo:Subject:

Gerry VanderBeekGlenwood SPrings

Sent from Yahoo Mail on Android

Gerard VanderBeek <gerardvanderbeek@yahoo'com>

Sunday, March 29, 2020 2:48 PM

comment@loveglenwood'orgYes to the 1041 review Process

r fuily upport Garfierd county,s use of the 1041 review process to regurate mining operations and

"n.ãuiäö" officials to ensure the proposed new standards remain strong'

1

From:Sent:To:

lenwood ma¡l.com

Sara Sims <[email protected] >

Monday, March 30,2020 1:44 PM

comment@l ovegl enwood.org

1041 ReviewSubiect:

Hello, as a resident of 456 N Traver Trail, Glenwood springs, I urge the county commissioners and the P & Z commission

to use the 1041 Review process in regulating mining operations'

It is of utmost importance that stringent standardsire applied to regulating this industry as there is a great deal of

concern to our public & environment about mining impacts'

Thank you,

Joe and Sara Sims

Sent from mY iPhone

1


il.com

kevi n < kbwasli @comcast.net >

Tuesday, March 31, 2O2O 1 1:52 AM

[email protected] concerning the Garfield County's proposed 1041 mininq standards

To the Garfield County Commissioners and the Planning and Zoning Commission,

I support the immediate adoption of strong new standards to govern mining

operations across our county such as those laid out in the 1047 review process. Garfield

Cãunty should use the L041 rggulations as allowed by Colorado law to review proposed

projects that may impact our local communities'

Thank you,

Kevin A. Wasli1310 Oak Way AveGlenwood Springs, Colorado8L601

1

RESOLUTION 2O2O-20

A REsol,urroN olTlE crrY coyryç* oF rHE cIrY

oF cLENwooD t1g¡îð' cbion¡uo sUPPoRTING

rHnunslcNArloN-91tËiÑu"ol"tir1t9-u"cEAREAsAsnnsnfo* srArF'-t*t"iüli ÑD rIT'ADoPrIoN oF

.nnorftoNAl REGu-L^iìöi'"'i*l+ttlc ro MTNING

opnnlr toNS BY "¡t"tiiñ"tül.,n

c ou¡rY' c o LoRADo

uoo*3 óñäuÑrv coMMIssroNERs'

*HEREAS, tlre City of Glenwold Snrles (..Glenwood Springs,, or the.ocity,') is located

within Garfield t*'öðåi;ttd" (the "County"); and

w*ERaasorocargovelnmerrt,iî?"-t:iåii,îîåil};;iË:åi.î;:;; j:tfi î:19iiActivities-of State Interest pursuant to t

powers,,) to reguiate iuîá *r, i,, u **lå ä;"J";J itt" rt""ittt't"ittvl and welfare of their

residents, and prot*ctiilf tl* environnrent; and

wHEREAsoGarfieldcounwhasdesignatedandenactedregulationsF?ltt.ningAteasandActivities of stateffi;;;"rdl, it, iüi'",l;-^^*irti""Ä"ìãr"-r+ oiitt Land use and

iãi"i*Ã* code (the "LuDc");

*ITEREAS, the existing LUD. does not distinguisrr between urav3r extraction anci

mining operations *.1* rfr"trf, thãse extractiu" p'o"t"t' ""* ""ö'ãiff"ä* health' safety' and

Lt*itt'"*-"ta L imPacts ; and

WIIER$AS,theGar.fre}dC:-l.vBoarclofCountvCommissionerswillbeconsideringatext amendm"r,t toür" rupc trrut ¿"uiå'nítävii**1n"1"ut"" Ár"us.as Areas of state Interest

and frurhe,- r"guru,. r;år,lop"*rion, íu'riä"ii" i - Iû4I Powers; and

wHEREAs' large-scare nining operalions ÏlÏî"tt|;,Ti"îîll';i'J';iî'l*t*1li'

äïTliåJä'.#îl;îä#'ffi .îii{i'är*JT'lït"Tilii"J''ïË;"''r*"rñdbasedonstandards ta'ored to ths iocal "orio*"äoÀic

and ""#".;;îions that may be impacted'

including air quality, ,vis*al ,"r".r;;;^;;"t l"dity "nJ

q*ttity' geothennal resoufces'

floodprains, w"tlu-nás,'riparian areas, øîä't* piuni m., ."ü *à"ilgiior ã"r¿itions' and natu'al

hazatds; and

WHEREAs,County,sproposedtextamendmenttotheLUDCwillptovidetheCountywith reasonable and appropriate ,."gu,J,iry ;rthorîty to n"åiä;i* op*'"tion* white'equiring

certain mitigation **åror"s ,o .n*ur, îï,îrdütiJ;;r;ri;:1i;ö;'älie residents and protection

of the ",ruiron*"iriï-"iïiJ; *p*irr""irv io mining.operations; and

WHEREAS;theCounty,sproPgu*."-,1Ï.":lmenttothel'U|Cwillspecificallyexempt sa'd and graver extraction *r,i"r., is separately ö;'t* ;,hi" the LUD. ftom the

;;;ü;"t of rnining oPeratiotts; and

WHERßAS, the City Council finds that it is in the best interest of the health, welfare, and

safety of the residenis of the City of Glenwood Springs to support the Garfield _County Board of

County Commissioners' designation of a Mineral Resource Arca as an Atea of State Interest and

furthei adoption of regulations relating to mining operations within such areas.

NO\U, THEREFORE,IT IS RESOLVED BY THE CITY COUNCIL OF THA CITY

oF GLENWOOD SPRTNGS, COLORADO, THAT:

Section 1. The above rccitals are hereby incorporated as findings by the Cþ Council of the

City of Glenwood Springs.

Section 2. The City Council hereby endorses ancl urges the adoption of the text amendment to

C*nrt¿ County Land Use and Development Code Article 14 forwarded by Garfield County

Cornmunity Development Department staff regarding gravel and mining extraction regulations in

Garfreld County.

INTRODUCED, READ, AND PASSED THIS 16th DAY OF APRIL 2O2O

CITY OF GLENWOOD SPRTNGS, COLORADO

/t, ,A.,,r-,

Jonathan Godes, Mayor

ATTEST:

ú lL-^¡a-r4-Catherine Mythen Fletcher, City Cleft

2

RoV B. MCCLUNGM¡von

EHUTE" fe.turtÞv¿vrk " Prãþ " Iwøptløtt'st1 -

222 GnNr'¡O VALLEY WAY. PERACUUTT, CO 8l-635 . (970) 28s-763O¿4¡¡Íat to

AprilL7,2O2O

Patrick Waller, AICP

Senior Planner

Garfield CountY

Community Development Department

108 8th Street, Suite 401

Glenwood SPrings, CO 81601

SUBJECT: RESPONSE TO GARFIELD COUNW PROPOSED 1041 REGULATIONS CHANGES REFERRAL

Dear Mr. Waller:

This letter is being written in response to your referral request regarding Garfield county's proposed

changes to your land use regulations Article 14'

Due to the length of the document, I have not had the time to review in its entirety' but I want to express

some concerns that I have. The primary area of concern is that this may/will be used to limit or prohibit

mining in areas that are removed from any residential locations. Garfield county goes allthe way to the

utah border and covers a vast amount of square mileage. I am concerned that if these changes are being

considered specifically in response to the mining operation north of Glenwood springs, it might not

consider situations and potential in the western portion of the County'

lf an entity wants -to

open a mine that creates a large number of well-paying jobs and provides a valuable

service, I wouldn't want the proposed changes to the County's land use code to hamper that

potential. My first and foremost concern and iesponsibility as Mayor of the Town of Parachute is the

health and well-being of the Town's residents. weli-paying jobs are certainly critical to this responsibility

and something I want to support. I do not want overly cumbersome county rules to inhibit the creation

of jobs or unnecessarily restrict new industry'

Thank you for allowing me to respond to your referral. lf you have any comments, please contact Stuart

McArthur, Town lvlanJger, at stuartmc@parachutecolorado'com or at 970'285'7630' #106'

Sincerely yours,

k,t-wMayor

SSMc

cotoRADOParks andWildlifeDepartment of Natural Resources

Grand Junction Service CenterNorthwest Regional Office711 lndePendent Ave.

Grand Junction, CO 81505

Kirk OidhamArea Witdtife Manager

Cc. Matt Yamashita, Area Wiidtife Manager

Bitt deVergìe, Area Witdlife Manager

Danie[[e Neumann, NW Regìon Land Use Specialìst

Fite

reffi1

Aprit 21 ,2AZA

Sheryt BowerGarfíetd County Community Development Director

108 8th Street, Suite 401

Gtenwood SPrings, CO

81 601

Dear Mrs. Bower,

Thank you for the opportunity to provide comments on the Amendments to the Garfietd county Land

use and Devetopmenr ¿;J; ír zoil.cotorado parks and witdtife (Cpw) has a statutory responsibitity to

manage att witdtife ,p*lã, in colorado. our missìon is to perpetuate the witdl'ife resources of cotorado

and to provide ,urtuinãOtãoutdoor recreation opportunities that educate and inspire future

generations. some of il "

*"vi ipw futfiits this mission inctude responding to requests for comments on

tand use actìons and providing consuttationr' Àftur revjew of this document, CPW supports Garfietd

ðounty's utitization of Colorado HB 1041 regutations'

cPw thanks Garfietd county for iisting our ãgency as a consuttant for "M' wetland construction'

Enhancement, Restoration, or MitigatÍon" prälecis. We-do.r.eq,uest to be formall'y tisted as a review

agency for "5. Wit¿tife tferrestriaiand nquaii4;' and "R'.Weilands and Riparìan Areas under Permit

Approvat Standards". Wà embrace atl opportuníti", to cottaborate with Garfietd County for the benefit

of Colorado's witdtife resources'

colorado parks & witdl,ife vatues the opportunity to provide comments on this proposat and commends

Garfietd county on the quaiity of this documenf. lf you have_any questions o-r-:o':elns' ptease reach

out ro Area Witdtif" M;G;i^itt Yamashit a at 9zo-9q7'2927 or me at 970-255-6178'

SinceretY,

Dan prenztow, Director, colûrâdo parks and wjldrife . parks and wlcltife co¡rmissiolr: Micherte Zimmernran, Chair'' Marvin McDanìeL' vice'chair

James visjt, secretary . Taishya Adams . BerSy Blecha . Roberr w. B,"y ä;;Ë ¿;t;ia ' Marìe Haskett ' carrie Besnette Hausef ' Lt¡ke B' schafeF Eden vardv

Written Public Comments - Planning Commission Public H

Received Wednesday, April 27,2O2O Via GoTo Webinar

Heather McGregor

I support the proposed 104L regulations as included in the staff memo. I appreciate the

county's effort to develop these regulations.

please retain two important items in the submission requirements: assessment of workforce

housing needs and assessment of greenhouse gas emissions from the mining operation.

Kathrvn Trauger

I urge P & Z to support this to the BOCC.

David Radeck

This is a major land use issue and I would like to thank the BOCC for taking the time to

understand that they will be either revered or reviled depending on their vote. lmpacts to the

Glenwood area would definately impact tourism not to mention roads, quality of life, and

impacts to surrounding communities.

7"/ t)

ÎOWN OF NE1V CASTLE, COLORADORESOLUTION NO. 2O2A.T6

A RESOLUTION OF IHE TOVyN COUNCIL OF THE TOWN OF NEW CASTLåCO[-OB¿.OO. SUppOnrNC IEIE OBSIAÌ.IRTION,gF IvlIN RnI- SESOURCE eREAs nS

RRERS-Of Statn nlrgRESr ANp tHB RnOprlON On epolTtONet RECULATIONIngl-nrn{C rO I\dn{WC OprnÂ-Ï'tONs nv rFIn qnnrmlo COuNrv. COlonepgBOARD OF COUNTY COMMISSIONERS.

WHEREA$, the Town of New Castle, Colorado ( the "Town") is located within GarfÏeld

County, Colorado (the "County"); and

WHERßAS, local govËrnments in Colorado have the authsrity to regulate Areas and

Acrivities of Sta¡e Interest pursuant to HB 74-rc41, codified at C.R'S. $ 24-65.1-l0l f'1041Powers") to regulate land uses in a manner to promote the health, safety, and welfare of their

residents, and protection of the environment; and

WHEREAS, Carlreld County has designated and enacted regulations governing Areas and

Activities of State Interest under its l04l Powers within Article 14 of its Land Use and

Development Code (the "LUDC");

1VHEREAS, the existing LUDC does not distinguish between gravel extraction and

mining operations even though these extractive processes create vastly different health, safety, and

environmental imPacts; aod

WHEREAS, the Garfield County Board of County Commissioners will be considering a

text amendment to the LUDC that designates Mineral Resource Areas as Areas of State Interest

and further regulate mining operations pursuant to its l04l Powers; and

WIIEREAS, large-scale mining operations within the County can create impacts,

including hazardous mine waste and tailings, extensive excavation, blasting noise and vibrations,

odors and dust, and heavy industrial traffic that should be analyzed and reviewed based on

standards tailored to the local socioeconomic and natural conditions that may be impacted,

including air quality, visual resources, water quality and quantity, geothermal resources,

floodplains, weilands, riparian areas, wildlife, plant life, soils, geological conditions, and natural

hazards; and

MIEREAS, County's proposed text amendment to the LUDC will provide the County

with reasonabte and appropriate regulatory authority to permit mining operations while requiring

certain mitigation measures to ensure the public health and safety of the residents and protection

of the environment as it relates specifrcally to mining operations; and

\ryIIEREAS; the County's proposed text amendment to the LUDC will specifrcally

exempt sand and gravel extraction which is separately regulated within the LUDC from the

regulation of mining operations; and

\ryHEREAS, the Town Council finds that it is in the best interest of the health, welfare,and safety of the residents of the Town of New Castle to support the Garfield County Board ofCounty Commissioners' designation of a Mineral Resource Area as an Area of State Interest andfurther adoption of regulations relating to mining operations within such a¡eas.

N0lry, THEREFORE, IT IS RESOLVED BY THE TOWN COUNCIL OF THETOWN OF NEW CASTLE, COLORADO, THAT;

Section l. The above recitals are hereby incorporated as findings by the Town Council of the

Town of New Castle.

Section 2. The Town Council hereby endorses and urges the adoption of the text amendmentto Garfield County Land Use and Development Code Article 14 forwarded by Garfield CountyCommunity Development Department staff regarding gravel and mining extraction regulations inGarfield County.

INTRODUCED, PASSED AND ADOPTED by a vote of jL to Ê at a regular meeting ofthe New Castle Town Council held on April 21,2420.

TOWN OF NEW

Mayor An RiddileATTEST:

cClerk Harrison, CMC

t

*

*

GARFIELDSEAL

COUNW

2

Martell


Angela Martell

Friãay, APril24,2020 8:50 AM

Angela Martell pawsloverl Comments on proposed 1041 mining standards

From: 4pawsloverl' <4pawslover@gnJail'com>

Sent: ThursdaY, APril 23,2020 8:18 PM

To: miningregcomments <miningregcommPnts@ garfield-countv'çom>

Subiect: [Exte rn a l] cot t"iããîpã p*"¿ 1041 m i n i n g sta nd a rds

This is too important not to be considered. our community is reþing on allour erected officials to protect our

environment ""¿ p*rà"*à1rri, io*" best interest on so many levels'

Patty Graceuo1 Colorado AvenueGWS

1

ela Martell


alan nelson <anelson3959@9mail'com>

Friday, APril24,2020 10:23 AM

miningregcomments

tExterñall Comments on proposed 1041 mining standards

ialan nelson support the proposed 1041 mining standards for garfield county

1

Angela Martell


[email protected], April24,2020 11:00 AM

miningregcomments

IExternal]

lwould like to urge the Garfield County Commissioners to approve expanding the county's 1041

permit review process to include mining. I have reviewed this process with emphasis on Section 14-

SO8, Additional Standards Applicable to Mining Operations. All areas of section A thru R are vital to

maintain the essence of the Roaring Fork Valley and beyond. I strong believe that a majority of the

residences of this area would agree that the number one reason we have picked this area of the

country to live and work in is it's unique beauty which will be lost forever without protection. The 1041

permit review process provides our leaders a strong platform on which to make thoughtfuldecisions to protect the citizens , wildlife and Mother Earth herself.

Thank you very much.Bruce SchoberConcerned Citizen of Glenwood Springs

Anqela Martell

From:Sent:To:

Subiect:

Thank You'

SincerelY,

CorolYn McConn

nifle, CO

Carolvn McCann <mccannart@gmail'com>

iiurr¿uY, APril 23,2020 8:23 PM

Ëii::i:ïi"ii' on o'ooo'ed 1041 minins standards

Dear Garfield County Commissioners:

I support the proposed 1041 mining standards'

The standards wi, give Garfierd county governme-nljll"r authority to protect the environment and

our pubric hearth, ,:ï:"rräi *Ërt*g1iäri nesative irp"ätJãi n.iníns. rhev arso set ctear

expectations for.ñi;d companies t"'#;ii;óroer to "Jri

ilrril "ónrovárs and run mining

operations over tlme'

a Martell


gagamama < gagamama@q'com>

ihursday, APril 23, 2020 6:46PM

iiii::",i:t#iltåï on proposed 1041 minins standards r support this proposar. rhanks for all

your hard work!

Sent via the Samsung Galaxy 59, an AT&T 5G Evolution capable smartphone

1

Martell

To the Garfield County Board of Commissioners;

Having visited Glenwood springs since L965, I was able to purchase a second home in west Glenwood in

2012. Grenwood springs is our favorite prace to spend time. we remain on the front range happily tethered to 5 grand

iiìlii::; the commissioners to adopt the Standards for mining as endorsed bv the planning and Zoning commission'


RespectfullY,P. Gregg Kildow183 Orchard Drive

Glenwood SPrings, CO 80601

Sent from Yahoo Mail on Android

gregg kildow < pgkildow@yahoo'com >

Thursday, APril 23, 2020 6:47 PM

miningregcomments

tExterÁali Comments on proposed 1041 mining standards

1

Anqela Martell

From:Sent:To:

Jeanette Davis <jdavis4886@aol'com>

Friday, APril24,2020 9:54 AM

miningregcomments

lExternal] Comments on proposed 1041 mining standardsSubject:

Dear CountY Commisioners,

r am sending this emair in support of the proposed 1042 mining standards. r firmry believe that those standards will

provide Garfield county government tlt" "tio,.i'y to p'ot"tithe environment and our public health' safety and

werfare from negative impacts of mining. rnåy aro'set crear expectation for mining companies to meet in order to earn

oîttii"oor"vall and run mining operations over time'

Thank you,

Jeanette J. Davis, MSW

81504

Sent from mY iPad

1

ela Martell


Jenell Hilderbrand <jenxtremeski@gmail'com >

SaturdaY, APril25, 20207l.15 AM

miningregcomments

lExternall Comments on proposed 1041 mining standards

r can not berieve this is even a discussion in our community in the Roaring Fork vatey of mining expansion' This

community is based on tourism not mining. This community is driven by healthy âct¡vit¡es such as hot springs pools'

rafting, biking, and hiking. This rimestone mining operation wilr contribute to noise pollution, water pollution' air

poilution, and for what purpose? Rain water and rimestone cause acidity and this wiil impact everything including

vegetation,wirdrife, and marine rife arong with of course our own r¡ves ai humans. The air quarity will drastically decrease

and for those that chose to dine outside on the street side at the brewery or Rivera it wit not be the same experience

with noise and air quarity impaired. The hunters that once came to craim their elk, well there will be no elk or hunting

permits for those ,r"r, ,¡n." the water wiil no ronger sustain rife and the noise wiil drive wirdlife away' what will this do

to our rear estate? of course it wiil drive it down. rìan,t berieve we have not invested our resources and money into our

ski area to buird on tourism. The leaders in our community need to do better for it's peopre and wildlife' I expected alot

more from this community and my head hangs low because we're fighting over a materialfor concrete' building

materials, toothpaste? Really? rn the heart oiar,i, community ries so-methìng so spectacular that we aim to distruct it

and dismantle something that is not yours. To expand this operation is like spitting on tax payers faces and community

members that have grown up here and dedicateá their lives to this community just to watch the money hungry mongers

ruin this town to pad their pockets'

May your values and morals match your fight'

Jenell Hilderbrand

1

An a Martell


M K Koski <[email protected]>

Friday, APril24,202O 10:24 AM

miningregcomments

tExterÃali supComments on proposed 1041 mining standards

r reaily DO NOT support mining in any form in our community! rn or outside Grenwood Springs. Horrendous!

rn the event that supporting the proposed 1041 mining standards is the onry option avair to mon¡tor and protect

our beautiful County". then at the very least please do that'

I am vehementlY oPPosed to mining'

what r read is d.the standards wiil give Garfierd county government crear authority to protect the environment

andourpublichealth,safetyandwelfarefromnegativeimpactsofmining.Theyalsosetclearexpectationsfor

mining compan¡es to meet in order to earn permit approvals and run mining operations over time'

ls that really all we can do?

l'm just Disgusted'

Maureen Koski - taxpayer and resident

Glenwood SPrings, Colorado

1

Angela Martell


PEGGY HILL < peggylhill @comcast.net>

Monday, April27,2020 10:28 AM

miningregcomments


Dear County Commissioners,I write to encourage you to adopt the recommended 1041 standards. As a res¡dent of Garfield

County, I believe to.át gou"rnment should have clear authority to assess and regulate the impacts of

mining operations on thê env¡ronment as well as public health and safety. While I understand that

,or"äuinority already exists at local levels, I believe 1041 would strengthen those authorities in

ways that can be protéctive and also consistently convey to mining companies what they have to do

to earn permit aPProvals.

Sincerely,Peggy Hill4544 Mountain SPrings RoadGlenwood Springs. CO

Angela Martell

From:Sent:To:

Roan Marshall < [email protected] >

Friday, April24,2020 11:24 AM

miningregcomments

[External] Comments on proposed 1041 mining standardsSubject:

Dear Ga rfield County Commissioners,

I am writing to express my full support for the proposed expansion of the county's 1041 permit review process to

include mining. Mining, like many other land use activities that already require a 1O4t review process, can have very

significant, undeniable detrimental impacts on both the environment and economy. Garfield County should have the

right and responsibility to protect its interests for the good of residents, businesses and visitors.

The proposed standards mentioned in Section 14-508, Additional Standards Applicable To Mining Operations are of

particular importance because they directly address the county's ability to regulate issues specific to mining operations

and the potential for negative impacts on overall quality of life in the surrounding areas.

Thanks you in advance for taking steps to ensure a better and more secure future for Garfield Countyl

Sincerely,

Roan Marshall

Sent from my iPad

Angela Martell


Mary A Steinbrecher < marysteinb4g@gmail'com >

Tuesday, April 28, 2020 1:59 PM

miningregcomments

[External] Comments on proposed 1041 mining standards

Aprrl28,2020

Dear Garfield County Commissioners,

we are writ¡ng to support Garfield county's use of the 1041 review process to regulate mining operations'

using L04L standards gives the county additional tools to deal with more intense and complex mining proposals'

standards give the Garfield county government clear author¡ty to protect our public health, safety, welfare and our

environment from negative impacts of mining'

Standards also set clear expectations for mining companies to meet in order to earn permit approvals and run mining

operations in the future.

Please approve the proposed additional LO4lstandards to review and regulate mining operations'

Thank you for your concern and consideration'

Yours,

Mary and JerrY Steinbrecher

Glenwood SPrings, CO

1

An Martell


Kyle Jones

Kyle Jones < knjonesco@gmail'com >

Tuesday, APril 28,2020 3:03 PM

miningregcomments

lExterñall Comments on proposed 1041 mining standards

To Whom lt MaY Concern:

l support the 1041 mining standards and appreciate your readership on th¡s issue. l am a Grenwood springs resident

deeply concerned about the economic impact the mine may have on the town. At industry relies on tourism and this

minedoesnotseemconcernedabouttheirimpactonthat'

Anqela Martell

From:Sent:To:Subiect:

kramersS5 < [email protected]>Tuesday, April 28,2020 3:19 PM

miningregcomments


We support the 1041 Mining standards and very much appreciate the BOC for their courageous and very

approprìate actions taken tó protect the downtown area of Glenwood Springs and its residents and many

hundreds of thousands of ¡ts tourist-visitors from the assault of mega-mining so close to dense population and

activity.

Thank you,

Scott and Patricia Kramer2501 Palmer AvenueGlenwood Springs CO 81601

Sent from my Verizon, Samsung Galaxy smartphone

1

Angela Martell


Dear Garfield County Commissioners:

We strongly support the proposed 1041 mining standards. These standards are crucial tomaintaining people's health and to have a healthy environment. It is necessar¡r forGlenwood Springs to maintain the lifestyle that residents and tourists have known andenjoyed for decades.

We have been enjoying vacations in Glenwood Springs since the 1970s and hope we will beable to continue enjoying the beauty of Glenwood Springs.

Thank you.

Sincerely,

Sheri and Scott KarasDenver, CO

Sheri and scott Karas <[email protected]>Tuesday, April 28, 2020 3:25 PM

miningregcomments

lExternal] Comments on proposed 1041 mining standards

1

Angela Martell


Linda Collier < [email protected] >


miningregcomments

lExternal] Comments on proposed 1041 mining standards

I think the new mining standards are needed. My question is how to enforce them' lt seems like they do what they

want with or without mining standards'

I

Angela Martell

From:Sent:To:

Paul Dudley < [email protected] >


miningregcomments

[External] 1041 mining standardsSubject:

Greetings,

I have lived in Garfield County for over 11 years. I am proud that our county has both aplanning and Zoning comm¡ttee and a Board of Commissioners that respects the will of its

constituénts. To thal end, I urge you to support the 1041 mining standards for Garfield

County.

These mining standards have been extensively reviewed. The standards will give Garfield

County government clear authority to protect the environment and our public health, safety

and welfare from negative impacts of mining. They also set clear expectations for mining

companies to meet iñ order to earn permit approvals and run mining operations over time'

ns a parent of a young child, I want our son to grow up in a safe and healthy environment.please take into ôonsiãeration the needs of families and residents of this area' We live in

harmony with a vital natural environment. A loosening of regulations will only strain the

balance between econom¡c development and environmental conservation. Glenwood

Springs and the surrounding county is unlike any other place on Earth. I beg you to use

sound judgement in makingthe decision to support the 1041 mining standards.

My family would like to thank you for your leadership on this issue to this point. Please

stäy the course and support the 1041 mining standards for Garfield County'

Sincerely,Paul DudleyGlenwood Springs, CO

Paul Dudley

Spanish and ELD

od ud lev@ rfschools,com

Anqela Martell


Laura Carter < [email protected]>


miningregcomments

[External] Comments on proposed 1041 mining standards

Dear Garfield County Commissioners,

Thank you for your recent decision on the L041 mining standards.

I fully support your decision to set expectat¡ons for mining companies and their operations. I appreciate your efforts to

protect the environment of our beautiful county and the public health, safety and welfare from the negative impacts of

mining.

Again, thank you for your commitment to the c¡tizens of Garfield county.

Best regards,

Laura S. Carter221 Lariat Lane

Glenwood Springs, CO 81601

STATE OF COLORADO

COUNTY OF GARFIELD

At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held

in the Commissioners' Meeting Room, Garf,reld County Administration Building, in Glenwood Springs

on the 4rh day of May, 2020, there were present:

))ss)

Tnhn Martin Commissioner ChairmanCommissionerl\fil¿a (omcnn

Tom Jankovskv . CommissionerTari Williams , County AttorneyKellv Cave . Assistant County AttorneyKevin 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 OFTHE GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE TO DESIGNATE

MINERAL RESOURCE AREAS AS AN AREA OF STATE INTEREST, ANDADOPTING GUIDELINES AND REGULATIONS THEREFORE.

Recitals

A. Garfreld County is a legal and political subdivision of the State of Colorado forwhich 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.I-rc1, et seq., CRS and

D. The Board of County Commissioners has designated certain areas and activities ofstate 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 MiningOperations therein.

1

F.PursuanttoSection4-.|4,theBoard.ofCountyCommissionersinitiatedcertainText Amendments tã tn" r.unc that ;;;;;;t to i,,,pt"-"ni the regulations and guidelines for

G.onAprilzz,zoao,theGarfieldCourrtyPlanningCommissionconductedapublichearing onthe propoã"ã t"*t am"rrdm;;;ãi"g guiderines anõregurations for Mineral Resource

Areas to Arricle 14, Divisio n 2 0fth" ;utð.ï tn" ,r".. "i thã pubtic hearing, the planning

commission voted 7_0 to recommen iultit" no-¿ "f-c"*ty'commissioners

approve the

;;iJ"li*t and regulations for Mineral Resource Areas'

H.onMay4,zfJzl,theBoardofCountyCommissionersheldaoublichearingtoconsider whether il;Tå"lá designate rr¿i*ø n"ro,rrrã Ar* u, areas of state interest in Garfield

county, and to consider proposed t""t ;;;d-;nts adding ;;id"ii""t and regulations for Mineral

Resource Areas'o Á*i"it 1i' Division 2 of the LUDC'

I'TheBoardofCountyCommissionefsonthebasisoftherecordandsubstantialcompetent evidence produced at ú*";i;r.*entioned^-Learing, has made the following

deteiminations of fact:

1. That proper public notice was provided as required for the hearing before the Board of

Mineral Resource Areas

CountY Commissioners

were heard aI that meeting

3. The code Text Amendment is in compliance with the criteria for approval established

i" S"",io" 4-114 of the LUDC ; and

2. The hearing before the Board of County Commissioners was extensive and complete,

that all pertinent facts, matters and i;;t wer" "'bmitted

and that all interested parties

4

5

ThatfortheabovestatedandotherreasonstheproposedCodeTextAmendmentismthe best interest of ttt" tteutttt, safety,

"o".,o"ti""åe' àrder' prosperity and welfare of the

citizens of Garfield CountY'

PursuanttoSection24-65.I.40l,CRStheBoardofCountyCommissionersfurtherfinds that the designliorrirvri"eral Resource Areas is necessary because:

a. The intensity of current and foreseeable development pressures of mineral resource

*"u, in Garfield County is significant; and

b. Mineral resoufce afeas afe appropriate areas of state interest because of'the value

of mineral resources in Garfield il"ty and the potential impacts associated with

their extraction; and

c. uncontrolled development of Mineral Resource Areas is potentially injurious to

public health, s-afety, wetfare a1d the environment; and dèvelopment of Mineral

Resource Ar;;ï; toor¿irrut.¿ manner minimizes those impacts'

6. Pursuant to Section 14-203'Bof the LUDC' the Board considered the

2

a. Boundaries of the proposed area of state interest; and

b. Conformity with the Comprehensive Plan.

NOV/, 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

Area Map is hereby adopted and attached hereto as Exhibit B'

ADOPTED this

-

daY of 2020

ATTEST: BOARD OF COLTNTY COMMISSIONERSGARFIELD COUNTY, COLORADO

Clerk of the Board Chairman

Upon motion duly made and seconded the Board of County Commissioners approved the

proposed Text Amendment, by the following vote:

AyeA{ayAyeÀ{ay

Mike Samson .AyeA{ay

By

J

EXHIBIT A

4

LUDC2013

GARFI ELD COUNTY, COLORADO

Art¡cle 14. Areas andActivities of State

lnterest

Article 14

AnrnsANDAcrlvlrlEsoFSrnrrlnrEnesr

Table of Contents

GENERAL. ..........14-101. PurPose and lntent

14-102. AuthoritY and severabilitY

14-103. Applicabilitv' "" """""iÄ-lói D'esignateá Matters of state lnterest

DJrtîåi ?:''ilË\T,Ëuü"ËììocÈöö ËöR ro¿i ÞeR*rr. . ' .'. . . 5

14-30L Common Review Procedures ""' ' ""5

14-302' Minor Permit Review Process""' " ""' 8

14-303. Major Permit Review Process""' "' "" 9

14-304. Technicat Revisions ,no ró¿î Ëäitit nt"ndments""' """ 10

DtvtsloN 4. 1üi'ÞËnrvlú nppucnTloN SUBMITTAL

REQUIREMENTS"""""'1" """" 11

l4.4ol.DescriptionofSubmittalRequirements.......'.'.....'....'.........1114-402. AdditiJnal submiual R"d;;;i;ñii"åble to Areas Around an Airport or

HeliPort. """""""""20

j4_403. Additionar submittat n"quìr"rånis Áppricaote ió óevelopment in Areas Around

Rapid or. r,nã'Jriansii racirities' """"" ""'21

j4_404. Additionar submittar n"quioränis Áppricable to Municipal and lndustrialwater

Projects' """""""""21

14_40s. Additionar submittar n"qrìiåä"nir Áppri""nrå to site selection of solid waste

DisPosal Sites' """"21

14-406. Additional submittal n"qrìråt"nit Ápprit"otã to site selection of Major New

Domestic water and sewag" ü"ãtr"nt systems. """"""""""'21

14_407. Additionar submittar n"qriiJrå.il Á'ppr¡""nr" iä éit" Selection of Maior Extensions

to Existing Domestic water ani så*ág" Treatment systems. "'"""""""""'22

14-40g. Additional submittal n"qiii"ä"ñtt npdicautã to s¡t" selection For Arterial

Highways, tntercnanges 91d Cãitector Highways'-' ""'22

14-40s. Additionat submittat n"írirãrã;it í;s,i" sårã.tion For Rapid or Mass Transit........-22

, o-]îå' ÄiÏff:lËt"ffiìtia nåq'ì'å;";i; i; öìiä éåì""tion ior nxeo Guidewavs

14-411. Additional submittat Requirem;i; ÀppËble to site selection for Airport or

;;-1,,1'"ÄiL:*Utiîi:,'å'"ïì.,;.,'å"i, nóóii""oìä iä Mi,i.s öËi"i¡än' in nnin""i

DIVISION 1.III1

,1.2.2.3

4,4,.4..4

23

23

24

3737

.43

Resource Areas'

DIVISION 5. õ;i ËËNUIIT APPROVAL STANDARDS

14-30L General Approval Standards'

14_502. Additi;;i"*anJaros nppticãnte to Rapid or Mass Transit

Gnnrlelo GounrY Ltt¡o Use lHo DEVELOPMEruT GOOE

Facilities

14-i

14-503. Additional Standards Applicable to Site Selection of Solid Waste Disposal Sites..44A. State and Federal Regulations............. ................44

14-504. Additional Standards Applicable To Site Selection of Domestic Water and SewageTreatment Systems. ............ ....45

14-505. Additional Standards Applicable to Site Selection for Arterial Highways andlnterchanges. ............ ......... .....45

14-506. Additional Standards Applicable to Areas Around Airports and Heliports. ............. 4514-507. Additional Standards Applicable To Site Selection of Airport or Heliport Location or

Expansion. ..............5014-508. Additional Standards Applicable to Mining Operations ln Mineral Resource Areas...

DIVISION 6. FINANCIAL GUARANTEE14-601. Financial Guarantee Required.14-602. Amount of Financial Guarantee14-603. Estimate. .................14-604. Form of Financial Guarantee14-605. Release of Guarantee. ...........14-606. Cancellation of the Financial Guarantee14-607. Forfeiture of Financial Guarantee

DIVISION 7. 1041 PERMIT ADMINISTRATION AND ENFORCEMENT.14-701. Enforcement and Penalties.14-702. 1041 Permit Suspension or Revocation14-703. Transfer of 1041 Permits.14-704. lnspection.14-705. Judicial Review......

51

5656565657575757

585858595959

GnRneuo Cou¡¡rv Ln¡¡o Use r¡ro Developme¡¡r Cooe 14-ia

(This Page Left Blank lntentionally)

GrRrlelo Coururv Ln¡¡o Use ¡¡lo DeveuoPuenr Cooet4-i¡¡

DIVISION 1. GENERAL

ARTICLE 14: AREAS AND ACTIVITIES OF STATEINTEREST

14.101. PURPOSE AND INTENT.

A. GENERAL PURPOSE. The purpose of this Article is to establish the frameworkfor identification, designation and administration of matters of state interest in amanner that conserves natural resources, is sensitive to surrounding land uses,and protects the public health, safety, welfare and the environment of GarfieldCounty consistent with C.R.S. S 24-65.1-101, ef seq.

GUIDELINES AND REGULATIONS FOR ADMINISTRATION. This Article shAII

constitute the guidelines and regulations for administration of matters of stateinterest under C. R.S. S 24-65.1-402.

C. INTENT. lt is the intent of the County that this Article be applied in a manner thatis complementary to and harmonious with the state and federal regulatory lawsand regulations.

1 4.102. AUTHORITY AND SEVERABILITY.

A. Authority.This Article is authorized by, inter alia, C.R.S. SS 24-65.1-101, ef seq; SS 29-20-101,ef seg; SS 30-28-101 ef seg; and $$ 30-28-201, ef seq.

B. Severability.lf 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 thevalidity of this Article as a whole or any part other than the part declared invalid.

1 4.103. APPLICABIL¡TY.

This Article will apply to the Designation and regulation of any area or activity of state interestwholly or partially in the unincorporated areas of Garfield County, whether on public or privateland, that has been or may hereafter be designated by the BOCC.

14.104. DESIGNATED MATTERS OF STATE INTEREST.

A. Areas of State lnterest.

1. Areas around Airports and Heliports. Specifically, the outer extremities ofthe lmaginary Surfaces for the particular Airport or Heliport, including alllands, water, airspace, or portions thereof which are located within thisboundary. lf the Noise lmpact Boundary extends beyond the outerextremities of the lmaginary Surfaces, the lmaginary Surfaces will beextended to incorporate the Noise lmpact Boundary for purposes of thisArticle.

2. Areas around Rapid or Mass Transit Facilities, Terminals, Stations, or fixedguideways.

3. Mineral Resource Areas as shown on the County's Mineral Resource AreaMap.

B

Grnnelo Coururv Ln¡ro Use nruo Developue¡¡r Gooe 14-1

a. Within Mineral Resource Areas, onlY Min ing Operations are subject

to these Regulations'

b. other development which would not interfere with the extraction

and exploration of minerals may be allowed in a.Mineral Resource

Area if approveo pursuant to tire county Land use Development

Code.

c. unless othenruise specified in this Article, an Applicant seeking a

permit to ðonouct a Mining operation is not subject to other

Provisions of the LUDC'

B. Activities of State lnterest'

1. Efficient utilization of municipal and industrialwater projects.

2. Site Selection and development of Solid Waste Disposal Sites except those

sites specified in C.ñ.S. S 25-1 1-203(1), sites. designated pursuant.to Part

ã ot nrti"l" t t ot iitte 25; C.R.S., and hazardous waste disposal sites, as

defined in C.R.S' S 25-15-200'3'

3. site selection and construction of major new domestic water and sewage

treatment systemi and major extension of existing domestic water and

sewage treatment sYstems.

4. Site Selection and construction for Arterial Highways, lnterchanges' and

Collector HighwaYs.

s. 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 ¡nteiesì if any oåe ot theiollowing 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.Thespecificdevelopmentoractivitywasd.irectly.approvedbytheelectorate of the Ståt" or the Couniy, provided that approval by the

electorate of any nonã ittr" by itself shàll 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 witnout 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 responsäto an applicatión which specifically contemplated said

specific development or activity'

I4-106. RELATIONSHIP TO OTHER COUNTY STATE AND FEDERAL REQIUREMENTS'

A. More Restrictive Standards Apply'

whenever the provisions of this Article are found to be inconsistent with the statutory

criteria forthe administration of matters of state interest in c'R's ss 24-65'1 -202 and204'

the more restrictive standards or requirements will control'

B. Definitions.

Glnnelo Counrv Lnuo Use l¡lo DeveloPme¡¡r Gooe 14-2

set forth in Article the LUDC15 ofTerms in this

control

Article wil I have the meaning

C. GomPliance Matters'

unless othen¡rise set forth in this Article' nothing in this Article exempts an Applicant from

comptiance witn any';î'#;';;ñ;;jË d,;i;;äY'-itents, the comprehensive Plan or

other state, federat, ärlå""r ,,écuir"mentîïJ'*irr't"0"'"t' 'ìät"' or local approval preempt

or otherwise obviate"th; *Ji; comply with this Article'

D. No lntent to Conflict'

This Articre wiil not be appfied to_ create a confrict with any state or federal laws or

requrations. where it wourd be impossibËì" "".prv witn ootn å requirem_en1,'j tn'r Articre

,nã " state or fedeiat requirement, tñ;'.''.oiã siringent oiproteitive requirement shall

E. Coordinated Review and Permitting'

AnyApplicantforaPermitunderthisArticlethatisalsosubjecttotheregulationsofotherstate or federal

"g"nãË;'räv iéqu"rt tnäiinä ò"*tv application and review process be

coordinated with that of the other "g"n.y]'ihã

cá""ti *iri åit"-pt to eriminate redundant

app'cation suomittåìi"örìr"r"ntr-#t*iri'åäo"räîÅäí" itsìäview of the application with

that of other agenä;; ;ppropriate. 'ïó

in" extent pracicaote and appropriate' the

county wi, arso attempt to coordinate'tne teims and .onäitionr of approvar with that of

other agenctes'

14-'IO7 . PERTIIIT REQUIRED'

fi" ,#åÏl,i:Ti3:Tine rocar permit Authority. rhe Bocc will exercise all powers

and duties granted it by this Article'

B.PermitRequiredPriortoEngaginginDesignatedActivityorDevelopmentin

*" o"r'rïïn'ît;3å:"'î" q-"Ìi.9i?t^"ii:l,Y':ffi1:"t" interest' or ensase in devero-pment

in an area of siate interesr, *n"ìiiäii""**, "iitñi" ìiãunìñ.orpor"ted areas of the countv

without rirst obtainins either l ,Jå,.î iin.4¡i..,;iì;;;iö;ì'po'"iil or "permit") or a "Findins

of No s¡gnùiããnì imiact' under this Article'

C. Term of Permit'Approval "i';i'01ì'Ë"*it

*irr lapse after 12 months' unless:

l.ActivitiesdescribedinthePermithavesubstantiallycommenced;or2.TheBOCCspecifiesadifferenttimeperiodinwhichBuildingPermitsmust

Oä oOtained or activities must commence'

3.TheBOCCmayatitsdiscret.roncxtendthetermofal04lPermitifthepermittee suomíts å written |'"qr"rii'r-',åtio expiration of the permit detailing

lne neeO for such extension'

D. Renewal. , .^,,^.-.iÁ^ +!ìa êârnê nrocedure for approval of a new

A lqíl permit may be renewed following the same procedure for approval of a nevt

application- råi tortn in-oivisitï4-;f ihË nrticË' înã aocc mav impose additional

conditions at the time of ,,"n"riär ii nËcessary to'ãnsure that the project wit comply with

this Article'

i*,, ¿?ÍÍ,1 î:i:Ï î,.åj'H,l ffi ,'i I i", il"Hii: ""'"t"5 åå,"0_,: b" a s ite s peciri c

Devetopment plan and no rtriüiãw'"ått"o tigntt will inure to such permit'

Glnrtelo GounrY LnHo Usr ¡¡¡o DeveloPMENT Cooe14-3

DIVISION 2. DESIGNATION OF AREAS AND ACTIVITIES OF STATE INTEREST

14.201. APPLICABILITY OF DESIGNATION PROCESS.

The designation process set forth in this Article will apply to the designation of any matter of stateinterest after the effective date of this Article. The designation process will not apply to thosematters of state interest designated by the BOCC prior to the effective date of this Article, whichdesignations will remain in effect.

14.202. INITIATION OF DESIGNATION REQUEST.

Designations and amendments or revocations of Designations of areas or activities of stateinterest may be initiated by the BOCC.

14-203. DESTGNATION PROCESS.

A. Public Hearing by BOGC.A request for Designation of an area or activity of state interest will be considered by theBOCC at a Public Hearing.

'1. Public Notice. The Director will publish a notice of the Public Hearing atleast 30 days and not more than 60 days before the hearing, in a

newspaper of general circulation in the County. The notice will include thetime and place of the hearing, a general description of the Designationrequested, and the place at which relevant materials may be examined.

B. Matters to be Gonsidered at Designation Hearing.

At the Designation hearing, the BOCC will consider such evidence as may appearappropriate, 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, thedangers that would result from uncontrolled devélopment of any such areaor uncontrolled conduct of such activity, and the advantages ofdevelopment of such area or conduct of such activity in a coordinatedmanner;

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 byresolution to adopt, adopt with modifications, or reject the proposed designation andregulations interpreting and implementing its guidelines for an area or activity of stateinterest.

1. lf the BOCC rejects the designation and/or proposed regulations, theBOCC may at its discretion regulate the matter under any other availableland 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 itsadministration.

D. Record of Designation Proceedings.

The record of decision will include the following materials:

Gannelo Courury LAND UsE aruo Devetopnllext Cooe '14-4

Certificate of publication of the Public Hearing notice;

The minutes of the Designation Hearing;

Written findings concerning each of the considerations set forth in section14-203.8., Matters to be Considered at Designation Hearings; and

The recorded resolution adopting the designation and regulations.

14-301. COMMON REVIEW P

A. GonsultantsandReferralAgencies.

The following provisions apply to all 1041 Permit applications.

1. Consultant and ReferralAgency Review. The Director may authorize all ora 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 theApplicant and the Director or staff.

1. Procedure. The Applicant will make a request for a pre-applicationconference through the Community Development Department. At theconference, 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 willschedule a pre-application conference to be held within 20 days ofreceipt of a request for a pre-application conference.

b. Materials. At or before the pre-application meeting, the Applicantwill submit a brief explanation of the project, including the followingmaterials:

(1) The Applicant's name, address, and phone number.

(21 Map prepared at an easily readable scale showing:

a. Boundary of the proposed activity;

b. Relationship of the proposed activity to surroundingtopographic and cultural features such as roads,streams, and existing structures; and

c. Proposed building, improvements, andinfrastructure.

(3) Written summary of the project that is sufficient fordetermining the appropriate level of review.

c. Participants. ln addition to the Community DevelopmentDepartment staff, participants in the pre-application conference willinclude appropriate staff to address potential issues raised by theproject.

1.

2.

3.

4.

DIVISION 3. REVIEW PROCESS FOR 1041 PERMIT.

Grnrrelo Coururv LAND UsE eruo Developruerur Gooe 14-5

3

of this Article; or 'mPact in anY 1

(2) The project is likety to have severe adverse t

category of standarot 'IiätiiuJ in Division 5 of this

Article'

b. Minor Permit Review' lf the proiect does notwarrant Major Permit

Review, tnen ìtwitt be process"íãt a Minor Permit Review'

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 oätermination at the ;;;i 'ät"¡rv-¡c¡eguted meeting of

the Bocc for which proper;î;tî-inttusion on the Bocc

asenda ""n o'å

"åäiîpîirl"o, toiäiìnõinå ããt" of written notice of

the determî.",iä" ãï i"u"r ot ãäi'iihèui"* . Jh" BoCC may

approve,tåtiö";*'"titn"DËi;¡;dìterminationbasedonthecriteria in sectión 14-301'C'

b. Request for Call-up' Within 10 days of the date'of written notice of

theDirector,sdetermination,itä,ÀppticantlnaY-reouestthattheBOCC cail up the determ,n"iìå-n'ä-it, next regularly-scheduled

meeting to|. *i.iðn p,op"l' notiå"""i.n" "lðomptisned by inclusion

on the BOCC agenda' fne góCC may approve' modify' or reject

the Director,s détermination Ë;d 'åî

tnä criteria in section 14-

c,

301.C.

Call-up Request.by Director' Witll: ten (10) days of the

Director's determrnåtion' tt'l" Director täu'*óu"tt tn"t the BOCC

review the Director''i"å¡tion at its next ieguiarly-scheduled

meeting for which ;ö;;ii* àtn be accomplished'

GtRrlelo GounrY Ln¡lo UsE AND DeveuoPrul gHr Goor

,|.4-6

D Change in Level of Permit Review.

At any time prior to the final decision by the BOCC, the County may decide that information

receiúed since the pre-application coñference indicates that the nature and scope of the

impacts of the projäct aie such that a different level of review is required. lf 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.

1. Fee Requirement

a. Any application for a 1041 Permit must be accompanied by the

"pótopii"t" fees. A schedule of fees is available through the

iommunity 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 coéts 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 isdetermined 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 Gompleteness'

Within 30 business days of receipt of the application materials, the Director will determine

whether the applicatión is complete based on compliance with the permit application

submittal requirements set forth in Division 4 of this Article.

1. Application is Not Complete. lf the application is not complete, the Director

will inform the Applicant of the deficiencies in writing and willtake no further

action on the application until the deficiencies are remedied. lf the

Applicant fails to correct the deficiencies within 60 calendar days, the

application will be considered withdrawn and returned to the Applicant.

2. Application is Complete. lf the application is complete, the Director will

certify it as complete and stamp it with the date of determination of

comPleteness.

GINTIEIO GOUHTY LN¡IO USE AND DEVELOPMENT Cooe 14-7

3. Extens ion of Time for Determinati

considerations:

a.ScopeofApplication.Thes:opeofapplicationissufficienttorequire aooifiãnãr üme tor the Diräctor to review the application for

a determination of comPleteness'

b.staffWorkload'TheDepartment'sworkloadduetothevolumeandscope ot p",äìng ãópli"ätions justifies the need for an extension of

time.

G.EvaluationbyDirector,staff,Gonsultants,andReferralAgencies'Takingintoconsiderationinputfromreferralagenciesandconsultants,theDirectorwillreview tne apäiicãtior to oetermilä'ii tné pro¡éct satisfies the appricabre standards set

forth in oiuiriol"äüi'ii""nrt"Ë.'ïn" oir".tor wiil prepare a staff report discussing issues

raised Oy staf än-Oi"iérrrf "g"n.i"r,

*hetherthe standards have been satisfied' Mitigation

requirements, ràcommendeã .onåiiion, óf-"pprou"r, and additionar information pertinent

to ieview of the aPPlication'

H.NoticeofPublicHearing.No.J.alerthan30daysafterthecompletenessdetermination, the county sîall publish notice of a hearing as follows'

l.NoticebyPublication.Atleast30calendardaysbutnomorethan60catendar oays prioiiå in" ã"t" of a scheduled Public Hearing, the Applicant

will have published á nót¡." of Public Hearing in a newspaper of -general

circulation in the "ì""

tñàt the project is loca[ed. The notice will follow a

form Prescribed bY the CountY'

2.NoticetoAdjacentPropertyowners'Atleast30calendardaysbutnomorethan 60 catendar O"Vtïi¡ót to the date of a scheduled Public Hearing' the

Applicant w¡rr seno-f-vi"rtii"J mail, return receipt requested, a written

noticeofthePublicHearingtotheownersofrecordofalladjacentpropertywithin a bg0-foot-raOirt Jt tft" pro¡ect site boundaries' The notice will

include a Vicinity Itiãp, tn" prðpãttú'r legal description,.a short narrative

describing the project, and an "nnorn""rnänt

of the date, time, and location

of the scheduled hearing(s)'

3. proof of Notice. At the public Hearing, the Applicant wìll provide proof of

puÉÍcation and notification of Adjacent Property Owners'

4.NoticetoAirportSponsor.lfanapplicationinvolvesareasaroundAirpottsor Heliport", o, tt"'-åËitã selection'of an Airport or Heliport' then Applicant

must also senO nV cãrtified mail, return rec'eipt requested' a written notice

of the pubtic n"ríiö'ö tn" Áitöott épontot.' The notice will follow a form

prescribed bY the CountY'

14.302. MINOR PERMIT REVIEW PROCESS'

A. Outline of Process'

TheMinorPermitReviewwillconsistofthefollowingprocedures:

1. Pre-aPPlicationconference;

2' Application;

authorize an extenslon of time to comPlete the review for determination of

compl eteness uP to an additional60 business daYs' The extension of time

for determi nation of completeness will be based uPon the following

3. Determination of comPleteness;

on of ComPlete ness. The Director maY

GARFIELD GouurY Llt'¡o UsE AND DeveuoPrue¡lr Cooe '|.4-8

Evaluation bY the Directo r/Staff review; and

Public Hearing and decision by the BOCC'4.

5.

B. Review Process'

1. Pre-Application conference. A pre-application.conference will be held in

accordance witn thã provisions of 'section

14-301.8., 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 oi "ãtpr"teness

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, tne oiieãor will schedule the application for Public Hearing

úV inå 3OCC ,niprOiin tn" notice pursuant to section 14-301'H', Notice

of Public Hearing.

5. Evaluation by Director/staff Review. upon determinatio.n of completeness,

the Director will reviãw tne apptication and prepare a staff report pursuant

to section 14-301.G of this Article'

6.ReviewandActionbytheBocc'Followingpropffpublicrylige.th.9BOCC will consiJer tne application at a Public Hearing' The BOCC will

approve, "pprouà

with conditions, or deny the application based upon

ðãñipriaÅce *itn tn" applicable standards in Division 5 of this Article'

(r)ApprovalofApplication.lftheapplicationsatisfiesallofthe\ -' appticabte stan'därds, the application shall be approved.

(21 conditionalApproval or Denial of Application. lf the application fails

to satisfy;yï;; of the applicable standards, the application.shall

be denieJ ór-the application may be approved with conditions

determined n"cessary for compliance with applicable standards'

14.303. MAJOR PERMIT REV¡EW PROCESS'

A. Outline of Process'

TheMajorPermitReviewwillconsistofthefollowingprocedures:

1- Pre-aPPlicationconference;

2. APPlication;

3. Determination of comPleteness;

4. Evaluation by the Director/Staff review;

S.RecommendationbythePlanningCommission;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 w¡tn tne provisions of 'section

14-301.8., Pre-Application

Conference.

G¡nnelo Cou¡lrY L¡t'¡o Use ¡ruP DeveloPuem Gooe 14-9

2 ApplicationArticle.

The application materials are set forth in Division 4 of this

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.G of this Article.

S. Review and Recommendation by the Planning Commission. Within 45

days of the completeness determination, the Planning Commission will

coñsider the application at a meeting and send its recommendation to the

BOCC.

a. Recommendation of Approval. lf 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. lf the

application fails to satisfy all of the applicable standards the

ilanning 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,

"ppróu" with conditions, or deny the application 9"990 upon compliance

witn the applicable standards in Division 5 of this Article.

a. Approval of Application. lf the application satisfies all of the

applicable standards, the application shall be approved'

b. ConditionalApprovalor Denial of Application. lf 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.

14.g04. TECHNICAL REVISIONS AND IO4I PERMIT AMENDMENTS

Any change in the construction or operation of the project from that approved by the BoCC will

require eii-her 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;

g. A written description of the proposed changes to the project together with

drawings and plans of the proposed changes; and

4. Additional mitigation Plans'

GnRnelo Coururv LAND UsE n¡¡o DeveloPMENT Cooe 14-10

B. Determination of Whether Ghange is a Technical Revision o¡ 1041 Permit

Amendment.

The Director will make the initial determination whether a change is a technical revision or

a l}4j permit Amendment within 30 days following receipt of the request and necessary

submittals. Within S 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, determ'ines 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

inoirgn the proposed óhanges will increase the size of the area affected or the intensity of

tne iñrpact., th" impact iJinsignificant so as to warrant a technical revision finding. A

òn"ngå to a condition of approval will not be treated as a technical revision. Upon finding

that t-he change is a technical revision, the Directorwill approve the change to the 1041

Permit.

D. l04l Permit Amendments.Changes other than technical revisions are conside red 1Q41 Permit Amendments' A 1041

permä Amendment will be treated as a new application and processed according to

Division 3 of this Article.

E. Call-Up of Director's Determination.l. Call-up by the BOCC. The BOCC may, at its discretion, call up the

O¡rectbfs determination that a change is a 1041 PermitAmendment, 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 daie of written notice of the determination. The BOCC may

"pprouJ or reject the Director's determination based on the criteria in

section 14-304'C 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. ine BOCC may approve or reject the Director's determination

based on the criteria in sections 14-304'C and 14-304'D'

3. Request by Director. within ten (10) days of the Director's

determinat'lon, 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 SUBIVIITTAL REQUIREMENTS.

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

applicable standards in Division 5.

B. Application Form.

Appli cant shall obtain an aPP lication form from the CommunitY ent Department.

DIVISION 4 1041 PERMIT APPLICATION SUBMITTAL REQUIR EMENTS.

GrnnElo Cou¡¡rv L¡¡¡o Use AND DEvEloprrnerur Cooe

Developm14-11

1 OwnershiP. The application sha ll include a deed or other evidence of the

owner's title or ownersh ip interest in the land for which a 1041 Permit is

2

requested.

Authorized Applicant. completed application forms and accompanying

materials shall be "rOt¡tt"d

to the bìrector by the oryler, or any other

person having " r"ãoõnitào fee title interest in the land for which a 1Q41

permit is proposed,-;;bt any agent acting through written authorization of

the owner.

a. Authorized Agent. lf the Applicant is not the owner of the land, or

is a contract"iurchaser 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. lf the Applicant is not the sole

owner of the land, the Applicant shall submit a letter signed by all

other ownei, o|' "n

association representing all the owners, by

whichallownersconsenttoorjoinintheapplication.

lnformation About Applicant. The application form shall contain the

following information describing the Applicant:

a.Thename(s),address(es),emailaddress(es)'faxnumber(s)'organization'io*(r), aàd'business(es) of th9 Applicant, and if

different, ffre ownèr of the project, the land .owner, and other

representativesauthorizedtosubmittheapplication;

b. The names, addresses, and qualifications, including those are-as of

expertise anã àiperience with projects directly related or similar to

that proposed in ine application package, of individuals who are or

will be responsible for'constructing and operating the project;

c.Authorizationoftheapplicationbythepropertyowner,ifdifferentthan the APPIicant; and

d. Documentation of the Applicant's financial and technical capability

to develop ånO op"t"te'the project, including. a description of the

Applicant;s ã"p"ri'"n." developiñg and operating similar projects'

3.

c lnformation Describing the Proiect'

1. Project Narrative. A narrative description of the project, including the

location of tñå proposeo facility by reference. to .its relationship to any

physical features, inïersectionr, io*ñt, or other locations, that are generally

reóognized by the citizens of Garfield County'

2. ldentification of Alternatives'

a. Descriptions of alternatives to the project that were considered by

tne Apþlicant and reasons why they were rejected'

b.Justificationthattheprojectrepresentsthealternativethatbest.o,.''öli* *tn ini" Article and is the least detrimental practicable

alternative'

3. Project Need. The need for the project, including existing/proposed

facilities tnãi perrorm the same or ielated function and population

projections "ì õ.*tn trends that form the basis of demand projections

justifYing the Project.

G¡nnelo Coururv Lnlo Use lruo DeveloPt'¡eu Cooe 14-12

4. Conformance with ComP rehensive Plan. A narrative description explaining

5

how thmuniciArea.

Maps.a.

b.

e project is in conform ance with the County's Comprehensive Plan,

pal master plans, and any other applicable plans within the lmpact

Vicinity Map. Location of the project shown on usGS quadrangle

map. Íne map shall clearly show the project site boundaries and

all property within a 3-mile radius of the site.

Site plan.A detailed map of the project site at a scale determined by the

Director. The site plan shall include:(1) North arrow, scale, and legal description of the site;

(2) Area of the site and clearly identified boundary lines, cornerpins, 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) Topogiaphic contours at vertical intervals sufficient to show

the topograPhY affecting the site;(4) Parcels ãnd iand 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) Þroposêd and existing Transportation Corridors identified

by I'ocation and dimension, and Forest Service, Bureau of

Lãnd 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) Significantfeatures including:(a) Existing and proposed utility lines;(n) Natural and artificial drainage ways, ditches,

streams, lakes, Ponds and wetlands;(c) Dams and reservoirs;(O) Floodways and floodplains located in or within

3 miles of the site, and approximate flooding limits

based on information available through the County;

(e) Vegetative cover;

iO Roók 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

GnRrtelo Cou¡lrv Llruo Use luo DeveloPMENT Cooe 14-13

D

shown by location and dimension.0) The County may require, or the Applicant may

choose to submit, a more detailed version of all orpart of the site plan at a map scale suitable to showthe particulars of the project.

6. 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 theproject.

8. Conservation Techniques. Description of all conservation techniques to beused in the construction and operation of the project.

Property Rights, Permits, and Other Approvals.

1. A list of all other federal, state, and local permits and approvals that havebeen or will be required for the project, together with any proposal forcoordinating these approvals with the County permitting process. Applicantshall provide the County with copies of the permits, approvals, and licensesupon issuance.

2. Copies of all official federal and state consultation correspondenceprepared for the project; and copies of any draft or final environmentalassessments or impact statement required for the project.

3. Description of the water to be used by the project, including: amount ofwater required; amount and quality of the source water; the Applicant's rightto use the water, including adjudicated decrees, applications for decrees,proposed points of diversion, and the existing uses of water; and anyalternative water sources available to the Applicant. lf an AugmentationPlan 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 that are necessary for or that will be affected by theproject.

5. Description of all mitigation and financial security required by federal, state,and local authorities.

Technical and Financial Feasibility Assessment. Assessment of the technicaland financial feasibility of the project, the Applicant's financial capability to pay forall phases of the project, and the Applicant's right to and expertise in technologyrequired 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, debtretirement schedule and sources of funding to retire debt.

4. Details of any contract or agreement for revenues or services in connectionwith the project.

5. Description of the person(s) or entity(ies) who will pay for or use the projectand/or services produced by the development and those who will benefitfrom any and all revenues generated by it.

E.

GrRnelo Coururv L¡no Use nruo DevElopuerur Cooe 14-14

6.

J

K.

Estimated cost of Proposed

estimated reclamation costs

residents

areas

mitigation measand schedule.

ures and permit conditions'

F. Land Use'

l.DescriptionofexistinglanduseswithinandadjacenttothelmpactArea.2.DescriptionofimpactsandNetEffectoftheprojectonlandusepatterns.

G. Local Government Services'

l.Descriptionofexistingcapacity-ofand-demandforlocalgovernmentservices including, uut noiiiîoiiåá to, roads, schools' water and wastewater

treatment' water 'uppfy' "t"'g"n"y -

services' tra'nsportation'

infrastructure, and otneråèÑices necess"ty to accommodate development

within Garfield CountY'

2.DescriptionoftheimpactsandNetEffegtoftheprojecttothecapabilityof|;i¿åËr;;;;i, thãt;ärecteo by the project to provide servrces

H. Workforce Housing Assessment'

Anassessmentofthehousingdemandcreatedbytheprojectandplanstoaddressthatdemand, including:

l.Descriptionoftheworkforceassociatedwiththeproject:a..Estimatednumberofworkersneededtostafftheproposed

project, includingl t;;;ffi; of resident and non-resident

workers.

b. Estimated salary ranges of workers'

2'Analysisoftheavailabledwellrngunitsandwhethertherearesufficientnumbers of dwelling units withinin"'ò"ttty at the appropriate cost to

house workers'

3.Descriptionoftheimmediate.andlong-term.impactan*"Effectsoftheproject on tnã'*ãir"üiiitv òt affordable workforce houslng'

Financial Burden on County Residents'

l.Descriptionoftheexisting.taxburdenandfeestructureforgovernmentservices including, but not rimiteãiålãt.ãtt"o u'luation' mill levy' rates for

water"no*ä'iäilatertreatm"ni'"áocostsofwatersupply'

2.DescriptionoflmpactsandNetEffectoftheprojectonfinancialburdensof

Local EconomY'

'l.Descriptionofthelocaleconomyincluding'butn'otlimitedto'revenuesoenerated by the different ".onåhi.i;;ü;

ãno tn" value or productivitv

ãf d¡tferent lands' t on the local economy

2. Description of imp-acts tnd .Y] Effect of the pro]ec

and opportunities for economic diversification'

Recreational OPPortunities'

'1, Map depicting the..l99"tjo.l oÏ-present anO ¡1111sed recreational uses

includingbut'notlimitedto,fisñerystream]e9[rents,accesspointstorecreationar'iårî"i."r, hiking änî' oiriñg trailsl hunting' and wilderness

Glnrtelo GoururY Ltt¡o Use n¡¡o DeveloPMENT Gooe14-15

2 Description of present and potentiallimited to, the number of recreational

recreational uses including, but notvisitor 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 lmpact Assessment. A description of agricultural lands and operations

in the lmpact 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 lmportance.

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 lmpact Assessment and Mitigation

1. 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

segmeñts that will be affected by the project, including the existingphysical 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

impácts 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.

Z. Traffic Management Plan. A plan that includes measures to mitigate

adverse impacts to traffic for each phase of the project'

O. Air QualitY.

A map and/or description of the airsheds that will be affected by the project,

including the seasonal pattern of air circulation and microclimates'

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

1

2

GnRnelo Goutrv Lnruo Use AND DEVELoPMENT Cooe 14-16

particulate matter and aeroso ls, oxides, hyd rocarbons, oxidants , and other

chemicals, temperature effects, and atmosP heric interactions.

3

4.

P

o.

R.

An assessment and plan for greenhouse gas emissions ,prepared by an

expert in air quat¡tv'e;;Ësiois"cãntloL .

in"-"tt"tsment shall identify and

quantify the greeñhouG gas emissions attributable to the Mining

öperation, and proposed mitigation'

Descriptions of the impacts and Net Effect of the project on air quality

during both constrr.iioñãnO operation, and under both average and worst

case conditions'

Visual QualitY.

l.Mapand/ordescriptionofgroundcoverandvegetation,forestcanoples'waierfalls, and streams or other natural features'

2.Descriptionofviewsheds,scenicvistas,uniquelandscapes,orlandformations.

3.Mapand/ordescriptionofbuildingsandstructuredesignandmaterialstobe used for the Project'

4. Descriptions of the impacts and Net Effect of the project on visual quality'

Surface Water QualitY'

1. Map and/or description of all surface waters to be affected by the project'

including:

a.Descriptionofprovisionsoftheapplicableregionalwaterquality

'"n;ö;;ni pr"n t'ai'ãppriàs to'tire .P'i""1-T.9.,::::"'ent

of

wnet_nËr the pioject would comply with those provlslons;

b.ExistingconditionofstreamsandwaterbodiesaffectedbytheProject; and

c.Classificationofstreamsandwaterbodiesaffectedbytheproject'

2. Description of water quality data monitoring sources'

3.Descriptionsoftheimmediateandlong-termimpactandNetEffectsoftheproject on the quantity anO quJiyï.u].f"." waier under both average and

worst case conditions'

Groundwater QualitY'

l.Mapand/ordescriptionof.allgroundwater,includinganyaquifers'Ataminimum, the description should include:

a.Seasonalwaterlevelsineachsubdivisionoftheaquiferaffectedbythe project;

Artesian Pressure in aquifers;

Groundwater flow directions and levels'

Existing aquifer recharge rates and methodology used to calculate

r"ðnttõ" to the aquifer from any recharge sources;

Foraquiferstobeusedaspartofawaterstoragesystem,methodologyandresultsoftestsusedtodeterminetheabilityof;ilii;;t. iñípouno éiounowater and aquifer storage capacitv;

b.

c.

d.

e.

Use ¡¡¡oGlRrtelo Cou¡lrv LeHo DeveuoPueur Cooe14-'17

f. SeePage losses exPected at any subsu rface dam and at stream-

aquifer interfaces and methodologY used to calculate seepage

losses in the affected streams, including description and location of

s

T

measuring devices;

g.Existinggroundwaterqualityandclassification;and

h. Location of all water wells and their uses'

2. Description of the impacts and Net Effect of the project on groundwater'

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.Statementofmethodsforefficientutilizationofwater.

Floodplains, Wetlands and Riparian Areas'

1. Map and/or description of all Floodplains,-Wetlands (whether or. not they

are jurisdictionããjOefined by the Corps of Engine-ers), and Riparian.Areas

affected nv'iÅ" ùã¡".t, inctúding a däscription of the types of wetlands,

species composition, biomass, and functions'

2. Description of site features such as streams, areas subject to flooding'

lakes, f,igh 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'

TerrestrialandAquaticAnimalsandHabitatAssessment'

1. Map and/or description of terrestrial and aquatic animals including the

status and relative importance of game and nongame wildlife, livestock and

other anim"l.; " deåcription of -streamflows ánd lake levels needed to

protect tre ãquatic Environment; and description of threatened or

endangered animal species and their habitat'

2.Mapanddescriptionofcriticalwildlifehabitatandlivestockrangeaffectedby the project, including migrátion 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'

Terrestrial and Aquatic Plant Life Assessment'

1. Description and map of existing terrestrial and aquatic plant life' including

location, d;; ;;J Jåniity and tñrãateneo or endangered plant species and

habitat.

2. Descriptions of the impacts and Net Effect of the project on terrestrial and

aquatic Plant life'

Vegetation and Weed Management Plan

U

v

w

G¡Rnelo Coururv L¡¡¡o Use lruo DeveloPue¡¡r Cooe 14-18

A written descriPt ion of the sPecies, character and density of existing

vegetation on the s ite and summary of potential impacts to vegetation as a

result of the Project'

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;

G. Use of site-specific native seed mix, with the exception of any

landscaped år"", and use of mulching to support vegetation

growth;

d'Topsoilfromdisturbedareasstrippedandstockpiledon-siteforredistributio; ;;;|" the completed final grade; stockpiling tha-t

conformstobestmanagementpracticesandensuresthatsoilorganisms rn siocfpifed õoil remain viable until completion of the

redistribution Process' -

A plan that addresses all county-listed noxious weeds found on site and

includes:

a. lnventory and map showing the locations of county-listed noxious

weeds.

b.ongoingweedcontrolatalllocationsdisturbedbytheprojectandalongaccessroadsduringconstructionandoperationalphases,

X. Hazardous Materials Description'

1

2.

3.

1

2

Description of all hazardous, toxic, and explosive substances to be used'

stored, transported, ãistur5eO, or produced in connection with the project'

including the type "nà-"tounî

of such substances, their location' and the

practices and procedures to be implemented to avoid accidental release

and exposure.

Location of storage areas designated for equipment, fuel, lubricants, and

chemical and wastã itor"g" !¡y¡tn an expianation of spill containment

Y

structures

Fire Protection.

1 Letter from Fire protection District, Department or Agency. A letter from the

applicablefireprotectiondistrict,departmentoragencystatingthatthe;lq;;ffi, o""n

"d"ìuatery oe.grgngg to handte the storage of flammable

or explosive solids oiöãt".'"nd tnät tne methods comply with the national'

éi"t", "no

local fire" codes and that the fire protection provider has

adequate resources to provide fire protection'

Fire Protection Plan. A plan that includes:

a. Documetation of types of construction for all structures on-site'

b.Fulldisclosureofalltypesofchemicalstobeusedorstoredon-site,their locationt, ânO information regarding safe exposure levels' fire

risks, and treatment and supression techniques'

2

GnRnelo GounrY L¡t'lo Use rto DeveloPue¡¡r Gooe 14-',19

z. Monitoring and M itigation Plan.

1. Description of all Mitigation that -is proposed to. avoid, minimize' or

ãorp"nr"te for adversé impacts of the project and to maximize positive

lmpacts 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 lnformation May Be Necessary'

The Director may request that the Applicant supply additional information related to the

project if tne BOóC will not be able tó make a deteimination on any of the approval'

14-402. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO AREAS AROUND AN

AIRPORT OR HELIPORT.

ln addition to the submittal requirements in section 14-401, Description of Submittal

Requirements, an "pófiãàtlon

ptopotilg io Oevetop 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

lmaginarY 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

lmaginary Surfaces.

2. Height of all existing and proposed structures, measured in feet above

mean sea level.

Written Agreements for Height Exceptionc.

Written agreements from the AirporflHeliport Sponsor and the FAA' ¡f a height exception

is requested.

D. Declaration of Anticipated Noise Levels'

A declaration of anticipated noise levels for property located within Noise lmpact Area

Boundaries. For .d; sensitive land use lbcated in areas where the noise level is

anticipated to be at ór above 55 Ldn, the Appricant wiil be required to demonstrate that a

noise abatement strãtegy wiil be incorporated into the buirding design that will achieve an

indoor noise level equal to or less than 55 Ldn'

E. Avigation Easement'

An avigation easement dedicated to the Airport owner in.a form acceptable to the Airport'$"*il'fnããu'gát¡on

easement wilt allow unobstructed passage for aircraft and ensure

råt"ty and use of the Airport for the public'

Grnnelo GoururY Lnno Use llo Developmeur Cooe 14-20

SUBIVIITTAL REQUIREM ENTS APPLICA BLE TO DEVELOP MENT IN14-403. ADDITIONAL

AREAS AROUND RAPID OR MASS TRANSIT FACILITIES.

ln addition to the submittal requ irements in section 14-401, Descripti on of Submittal

Req uirements, 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 rerationsnîp tã ffre Rapid ;M;; Tranãit station or Terminar and the rnterchanges,

streets, Highways, parking lots, anJ-public facilities which are adjacent to or form an

integrat p"rt oiiñã'oþãratiõn of the Rapid or Mass Transit Facilitv.

B. Traffic Generation'

Anarrativedescriptionofthemotorvehicle,bicycle'andpedestriantrafficlikelytobegenerated byìü ä.por"o o"u"Ëõråniin"rroiné, but not limited to, traffic generation at

various times of the day, potenti"i "ãnõ"ition,

and-potential demand for parking generated

by the develoPment'

C. Traffic lmPacts'

AnarrativedescriptionoftheimpactsoftheproposeddevelopmenttotheRapidorMassTransit FacilitY.

D. Traffic Access'

Maps or diagrams illustrating the vehicular, pedestrian, and bicycle routes that can be

utilized to gãin access Oetweenlne proposed development and the adjacent Rapid or

Mass Transit FacilitY'

I4.4o4.ADDITIoNALSUBMITTALREQUIREMENTSAPPLIGABLEToMUNIGIPALANDINDUSTRIAL WATER PROJECTS.

A. Efficient Water Use'

Descriptionofefficientwateruse,recycling,andreusetechnologytheprojectintendstouse.

B. Municipal and lndustrialWater Projects'

Map and description of other municipal and industrial water projects in the vicinity of the

project,includingtheìrc-apacitvanoex.isting.servicelevels'-locationofintakeanddischarge points, service fees aíd rates, debt ðtructure, 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.

lPlaceholder for future regulations, should any be adopted by the Bocc.]

14-406. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION OF

MAJOR NEW DOMESTIC WÃTÈR AND SEWAGE TREATMENT SYSTEMS'

[Placeholder for future regulations, should any be adopted by the Bocc.]

Gnnnelo Cou¡¡rv Ll¡lo Use lruo DevrloPtue¡¡r Cooe 14-21

14.407. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION OF

MAJOR EXTENSIONS TO EXISTING DOMESTIC WATER AND SEWAGETREATMENT SYSTEMS.

[Placeholder for future regulations, should any be adopted by the BOCC']

14.408. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTIONFOR ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR HIGHWAYS.

ln addition to the submittal requirements set forth in section 14-4Q1, Description of SubmittalRequirements, an application proposing Arterial Highways, lnterchanges, or Collector Highwayswill include the following information.

A. Traffic Patterns.Description of how the prolect 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 existingcommunity patterns.

C. Traffic Demands.Description of how new roads will serve community traffic demands.

D. Gompliance.Description of how new roads will comply with other local, state, and federal regulationsand master plans.

14-409. ADDITIONAL SUBMITTAL REQUIREMENTS FOR SITE SELECTION FOR RAPID ORMASS TRANSIT TERMINALS OR STATIONS.

ln addition to the submittal requirements set forth in section 14-4Q1, Description of SubmittalRequirements, an application proposing Terminals or Stations associated with a Rapid or MassTransit System will include the following information.

A. Type of MechanicalTransit 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 ofaccess to and from the Station or Terminal including pedestrian, bicycle, automotive, bus,

carpool, gondolas, lifts, and other intermodal connections either existing or reasonablyforeseen to be developed in the area.

B. Analysis of Passengers.An analysis of the passengers that will utilize the proposed facilitybased on the best information available and will include:

Such analysis will be

1. Whether the passengers will be utilizing the Rapid or Mass Transit Systemto travel to and from employment or for some other purpose;

2. The number of automobiles that the passengers will drive to the Station orTerminal 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.

C. Anticipated Schedule.The anticipated schedule of departures and arrivals at the Station or Terminal and theexpected 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.

GrRnelo Cour.¡rv LAND UsE alo Devetopmerut Cooe 14-22

propulsion units'

";,,"

,","ïÏ,:iï:if:åiiffå'lxîiåî"t'-:T-.i::; proposed buirdins or structure

tosether witn,iäîte-nnap .no*]¡s ih; ä"t"; rocatioiäiJåðr' oriroing or structure. such

prans and ,x"iJnä *irirno* ,ni ioJ",ioi''åno r"ngtÅ';i ;r"ü;;r to É" used to road and

unload Passengers'

F'MapofAllAssociatedRoadways'ParkingAreasandotherFacilities.A map of all ãssociated roadw"v,, pã,ri,{g ?|"":, ".d "ù;

t".iriti"'. Design details such

as width, layout, traffic ttow., pauãnient tä'fing9' "näüätti"óã"trol devices will either be

iilustrated on the map or "o"quiärä"t"iinàiin

supporting documents'

IA.1Ii.ADDITIoNALSUBMITTALREQUIREMENTSFoRSITESELEGTIoNFoRFIXED

rn aooitioTi|,iilJJ;iuar requirel3nts set rorth in section 14-401' Description oi suq1$at

Requirements, an application proporingã t-ixeo guioe*"y *itt include the following informatton:

ilr..olll""ii'|Iiï;: "lr",T',ö" power thar wilr be used to proper transit vehictes along

the guideway (e.g. dieset, "r".tri"lãr"ãirùiä

irriro ra¡t, catenary system)'

B;*,olîii':ìïil:ïfl fl 1Ïfl"îiH:'iitlüü'"iT:iJ'Hiü**l:11li'necessarvf orthe

guideway, together with maps snowing ftre proposeo ¡ght-ót-way' including its location

within in.oiõãät"d municipalities. Suóh maps ot-t-'ppã'tilg 9:-t-1T-"ntation referring to

the maps "i'i;;; indicate tn"ï"",ru. "nii"ip"tãã"Jæ"0-of

transit vehicles along the

various segments of the guidewaY'

B;,..,,olii':ìïili,i,ffiilTiilJ"X".;",it;:'"'Xi:""'.%pacitv or the transit vehicres that

wi' travet on the guideway "nå"tnåäitó"bO

rcqiËncy or sóheduling of guideway use'

B;,,,.,0TfÍï'#Ï[ïl-1Hütiill'iÏ^ly:':n^that wirr traver upon the guidewav with

separate figures lo, 1,1? tength ît p3sselqe^r^tåtw¡tö' tnìtt

'nb for propulsion units'

Self-propeiËã units will be considered as passenger units'

h" '"Y,ff,1i"#o;::5;iii'3'3i'i; 9'i9"Ï:I and the maximum curvature Proposed

curvesinå"tãt"oïtoo"g'"eswillbeindicatedonthemap'

D. Maxim um Length of AnY Trainserve the Station or Terminal' excluding

The maximum length of any train that will

DescriPtionBuilding or Stru

of all buildingcture Removal'

s or other structu res that must be removed in order for theF

proposed guidewaY to be built'

G. Methods Planned to Prevent Gollisioncollisions at points where the proposed

DescriPtion of the methods planned to Prevent

guidewaY crosse s other TransPortation Corridors

14-411. ADD ITIONAL SUBM ITTAL REQUIREM ENTS APPLICABLE TO SITE SELECTION

FOR AIRPORT OR HELI PORT LOCATION OR EXPANSION'

ln addition to the submittal requirements in section 14-401, DescriPtion of Submittal

Req uirements, an aPplication ProPosing to locate or HeliPort will requtre

the following submittals

GrRrlelo Gou ¡¡rY Lltto Use luo DeveloPMENT Cooe

or exPand an AirPort

14-23

A. Airport LaYout Plan.accordance with an FAA-aPProved Layout Plan, or a LaYout

Airports will be develoPed in

Plan approved bY the BOCC, comPlYing with FAA Advisory Ci rcular 150/5300-1 3A and

the current Northwest Mountain Region Ai rport Layout Plan Checklist'

B. Heliport or Helistop Layout Plan'

Heliports and Helisioót *fi be äeveloped 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 ptan wiil'be sufficjent to depict the dêsign, the layout of .existing and

planned facilities and features, ground contours at 1o-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

Transitionar surracàs (as deiined in FAA Adúisory circurar 1s0/s390-2) to the land

parcel(s) on which iñe'Hetiport/Helistop is to be located and to adjoining land parcels'

Approach profiles will depici the composite profile base-d on the highest terrain across the

width and along the length of each "ppto"ih

surface (Helistop approach surface profiles

are required for the inner 1,000 feet only)'

G. DescriPtion of Effect.Description of effect on State and loca I economic and transportation needs

I4.4I2.ADDITIoNALsUBMITTALREQUIREMENTSAPPLIGABLEToMININGOPERATIONS IN MINERAL RESOURCE AREAS.

rn addition to the generar submittar requirements. in_section 14-401, the following submittal

requirements shall"ãôplv to Mining oóãrailons - in lr/lineral Resource Areas, including the

modification of existing Min¡ng opeiations. The Applicant may submit materials submitted to

cororado Division oi ñeoama-tion tr¡inint ano safeiy (DRMS) and state or.federal permitting

agencies that are responsive to these req-uirements to avoid unnecessary duplication'

A. Waiver.

TheDirectormaywaiveoneormoreofthesesubmittalrequirementswhentheinformation 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

includethefollowing,shownbylocationanddimension:

(1) Leach Ponds;

(21 Ore stockpiles including leach stockpiles;

(3) Waste rock Piles and dumPs;

(4) Ponds;

(5) DisPosal sYstems;

(6) Pits;

(7) Tailings imPoundments;

(8) Mills and other processing facilities;

(9) Water treatment facilities;

(f 0) Storage areas;

Glnneto Coulrv Lnruo Use ¡ruo Deveuopmewr Cooe '14-24

c

(f 1) Borrow pits, topsoil, and topdressings storage;

(121 Staging areas;

(f 3) Existing and proposed roads that will be used for the MiningOperation, shown by location and dimension;

(141 All geothermal hot springs and spas located in the lmpactArea and identification of the geothermal resources thatprovide the source water for each; and

(f 5) All caves and karst formations and cave resource areas inthe lmpact Area.

(f 6) All other major facilities or structures.

b. Description of any abandoned or existing mine within five (5) milesof the affected lands, including a map showing the location and typeof pits, stockpiles, adits, shafts, processing facilities, and other minefacilities and works.

c. A map showing surface and mineral ownership and leases andname, address, and telephone number for each owner and leaseholder.

2. Project Description. Narrative description of the type and mineralization ofore body; the types and methods of proposed mineral extraction,stockpiling, and processing; the required mine units, facilities andinfrastructure; the mining, stockpiling, processing and engineeringtechniques; the target minerals; the total number of tons to be extracted;the total number of tons to be stockpiled, stored or impounded in each mineunit; the total number of acres of land that will be disturbed and abreakdown of the disturbed acreage by type of disturbance, including eachmine unit, road network, infrastructure and structure; and any otherdescription necessary for a complete understanding of the proposedMining Operation.

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 eachstage of the operation as related to any surface disturbance onaffected land;

b. Site preparation and extent of surface disturbance;

c. Allwater diversions and impoundments;

d. Size of area(s) to be worked at any one time.

e. Approximate timetable for the Mining Operation showing therelationship between mining and reclamation during the differentphases of a Mining Operation. lnformation will include:

(f ) Estimate of the periods of time which will be required for thevarious phases of the operation;

(21 Description of the size and location of each area to beworked during each phase; and

GeRnelo Gourry LAND UsE lr,¡o Developrtle¡lr Cooe 14-25

Outline of the sequence ln

Operation will be carried outwhich each phase of the Mining

r Descriptionofprimaryandsecondarycommoditiestobeminedandthe intended use;

Description of the intended use of all expected incidental products

to be mined.

EstimatedS-yearintervalminingplanincludingcrosssectionsclearly showing each of the following;

(1) Phasing of mining on a S-year interval basis;

(2lDepthandconfigurationofexistingand/orproposedmining;

f3l Quantity and location of topsoil removed and proposed

location of anY toPsoil stockpile;

(4lQuantityandlocationofoverburdenremovedandlocation' of anY óverburden stockPile; and

(5) Existing contours and 5-year interval contours'

Afinalminingplanincludingcrosssectionsclearlyshowingthefollowing:

(1) Final depth and configuration of mining site;

(21 Quantity and location of overburden' mining waste products

and anY bY-Products;

(3) Final contours and cross sections of mining site;

(4)Planandcrosssectionsforfinalplacementofoverburden'

Extraction and Processing Plan. A description and maps showing:

a.openpitsandundergroundminingfacilitiesincludinglocation,dePth, size, acreage and geologY'

b.Materialhandlingandprocessingfacilities,includingcrushing,miiling, .on.ånli"tini,

'smetting and solvent extraction and

electrowinning.

c.Ancillaryfacilities,includingSumps,tankspipelin'es,transportation,and officer. it.,"' descriptìon will include the location, purpose'

const¡uction material, and dimensions and capacity'

d.Storageanddisposalfacilities,includingtailings,processwater,and storm*t"i'ìrpoundments, drainage channels, leach pads,

waste l,o.r,ìàrröitäs, and stag and residue piles. The description

willincludethelocation,purpose,liningmaterialandstorageordisPosal caPacitY;

e.Processanddomesticwater,includingtheloc.ation,constructionmethod and material, dimension and cãpacity of wells, meters and

pipes

f.Amassbalancetabledescribingthequ.antityofeachtypeofmaterialminedordisturbedeach-year,inclu,{ingbutnotlimitedtosoil,overburden,barrenwater(lessthan0'1%sulfur)'waste'ore'

(3)

g

h

t.

2

GtRrlelo CouHrY L¡t'¡o Use n¡lo DeveloPueur Gooe14-26

tailings, and quantities of material disturbed for roads and site

grading into and out of stockPiles'

3. Storage, Disposal, and Maintenance of Ore StockPi le, Tailings, Waste

Rock, and High Walls P lan. A P lan, prepared bY a professi onal engineer,

for hándling 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 aPPl icable standards. The Plan will take into conslderation the

amount, intensitY, duration, and frequ ency of Precipitation and the

watershed area, including the topography, geomorPhology, soils, and

vegetation. Liners and secondary containment and leak detection will be

requ ired for all mine units that have the Potential to discharge contaminants

groundwater and contam inate the groundwater above applicableinto

(c) Additional monitoringemergency events. APPI

as needed to resPond torovide site access

4.

standards.

Blasting Plan. A plan, prepared by a qualified blasting firm or engineer, that

describes

Maximumweightofexplosivestobedetonatedoneachoccurrence

Type of exPlosive agent;

Maximum Pounds Per delay;

Methodofpackingandtypeofinitiationdevicetobeusedforeachhole;

Blasting schedule; and

Measures to ensure that off-site areas will not be adversely affected

bY blasting

Air QualitY.

a.

b.

c.

d.

e.

f.

5

a. Air Quality Modeling, Monitoring and Mitigation'

(r) Air Qualitv Modeling Plan' A plan fgt,,t:d-"]5 to be

conducted bi ; thñd-party consultant that provides for

emissions iníentories anO åir quality impact studies based

upon proposed equipment use and project phases'

(2lAirQualityMonitoringPlan'Amonitoringplanthatprovidesfor:

(a)Pre-developmentbaselineambientairqualitytestingcompleted' by a consultant if approval from

,uttåunOing tútf"t" owners can be obtained'

(b) Air quality monitoring program co¡!.uct9d by a

.onJt"ní mutually agreed to by both the Applicant

"nO- tnã òãunty ánd paiO for bv Applicant' The

progåm witt ráquire monitoring for all potential

".i3tiont, including initial air quality measurements

and- -an

ongoing honitoring program' including

mon¡tãring oiouti from equipment and stockpiles' to

ensurethãtduringoperationdustleavingthesubjectptop"tty do"t nol exceed initial air quality levels'

GtRPtelo Cou¡lrY L¡t'¡o Use tt¡o DeveloPuem Cooe

icantwillP14-27

6.

7

to the County's third-party inspector as needed toallow air sampling to occur.

(3) Air Quality Mitigation Plan. A plan that demonstratescompliance with air quality standards in Division 5 of thisArticle.

Odor Management Plan. A plan to mitigate the emission of detectableodors by the Mining Operation and to ensure that the Operation will notcreate a public nuisance.

Dust Suppression Plan. A plan for dust suppression and control on-site andfor access roads and haul routes, including:

a. Minimizing the disturbed area.

b. Reducing vehicle speeds.

c. lnstituting a high wind restriction on construction activities.

d. Sprinkling access and haul roads and other exposed dust-producing areas with water or chemical stabilizers usingmanufaciurer's recommended application rates, avoiding over-application and preventing runoff of chemical stabilizers into anypublic right-of-way, storm drainage facility, or waterbody.

e. Planting vegetation appropriate for retaining soils or creating a windbreak.

f. lnstalling cover materials during periods of inactivity or during localwind speeds greater than 30 miles per hour and properly anchoringthe cover.

g. Placing wood chips, gravel or other effective mulches on vehicleand pedestrian use areas.

h. Maintaining the proper moisture condition in allfill material.

i. Pre-wetting cut and fill surface areas.

j. Use of fabric fencing and truck tarps and installing entry and exitaprons, steel grates or other equivalent devices to remove bulkmaterialfrom tires.

Grou ndwater I nformation for M in ing Operations.

a. Locate on a map all tributary water courses, wells, springs, stockwater ponds, reservoirs and ditches, on the affected land and withintwo (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 thelocation of the Mining Operation and the hydrogeology of theproposed mine location;

b. ldentify all known aquifers and related subsurface water-bearingfracture systems within two (2) miles of the affected lands. lnaddition, using available data or information acceptable to theDirector, provide the general direction and rate of flow ofgroundwater in these aquifers and fracture systems. On a case-by-case basis, the County may require hydrologic testing and. analysis,

8.

Gln¡relo Cou¡¡ry LAND UsE axo Developue¡rr Gooe 14-28

where available information is inadequate scribe or addressto de

9

potential impacts to groundwater resources;

c'Describeallgeologicmediado-wntoandincludingtheuppermostaquifer uno"ióio-pir"J rii"r of material storage, stockpiles, waste

piles, disposai s¡täs, solution containment facilities and other sites

within tne e"ili¡nôã propor"d affected land where such subsurface

materials .Åä ,-ny ãssàciateO waters have the potential to..be

contaminat"J oy',o"rignated chemicals used in the extractive

metalturgic"ip.t"ói oi Oy materials that are toxic or acid-forming'

or that Pioduce acid mine drainage;

d. Map locating known majgr .fracture systems that affect rock

formations ';;¡

pionose'd sites of material storage, stockpiles,

waste pil"s,îitõoJat sites, solution containment facilities and other

siteswithintheexistingorproposedaffectedlandwheresuchfractures "il';Ñ

;rsóciateo waters have the potential to .be

contaminat"J üy',toiic or acid-forming materials or designated

chemicals used in extractive metallurgiõal process or that produce

acid mine drainage; and

e.Describeandillustratethehydrogeologyoftheareawheresurfaceor groundwrì"i r"y be impácteð OV tné Mining O.peration. lnclude

in the O"t"tiption ánO ittustration, thôse geologic strata and fracture

systems tnai nave the potential to transmit groundwater.

Groundwater Baseline Quality Data for Mining operations'

a,lndicatetheexistingandreasonablypotential.futuregroundwateruses on

"ÃJ*itniñ two (2) miles down-gradient of the affected

land. On ",i"-rpå.i'c

Oaiii, the Director may extend the distance

beyond t*o tãlîires gr reduce the distance below two (2) miles

basedonthelocationoftheMiningoperationandthehydrogeologyof the location of the OPeration'

b.Submit,ataminimum,groundwaterqualitydatacollectedduringfive (5) .r."ått"" calãndar quarters' o.r a.s specified by the

Director,aSmaybenecessarytoadequate-lycharacterizebaselineconditions.-inìJ narefine datâ will be sufficient to provide for the

properdesignoffacilitie-s,toserveasabasisfortheevaluationofimpacts oi it'',"-ft¡¡ning Operation, and to ensure the adequacy of

proposed maintenance and mitigation'

WaterQualityMonitoringandMitigationPlan.Aplantomitigateadverseimpacts to water quality, including'

a.AninventoryandlocationofallwaterbodieswithinthelmpactArea,andthecurrentclassificationsandstandardsassignedtothosewater bodies'

b,AninventoryofallwaterwellsinthelmpactArea.Totheextentpermissioi ärn o" obtained, water wells both on- and off-site will

be measuieo äno logged for quantity and quality of water prior to

permit "pËi*ãi

to "õìäolirh

a'baseline from which the impacts of

in" Nnining Operation can be measured'

c. The baseline and process for monitoring changes to water quality

associated with the Mining operation. Írre plan will demonstrate

10.

Gtnnelo CouHrY Llt'lo Use ¡ruo DeveloPue¡¡r Cooe14-29

Key stream segments, other waterbodies, and groundwater

to be monitored.

Locations for and frequency of sampling and monitoring. to

ãstablish baseline of existiñg conditions including existing

water quality, aquatic life ãnd macro-invertebrates' and

groundwater data.

Key indicators of water quality and. stream health' and

thråshold levels that will be monitored to detect changes in

water quality and health of the aquatic environment'

Locations for and frequency of sampling and monitoring for

[ãVlnOi..tors of water quaiity and stream health, including

bui not limited to constituenis associated with the Mining

Operation.

Locations for and frequency of sampling and monito.ring.to

r"rrrr"effectivenessofwaterqualitymitigationduringthelife of the Mining OPeration'

Mitigation steps that will be implemented to avoid

ããéiaOat¡on of water bodies if monitoring of key indicators

revãals potential water quality degradation'

(6)

11.

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)Prohibitionofroutinevehicleandmachinerymaintenancewithin 300 feet of a waterbodY'

(2lRequirementforallfuelingtooccuroverimperviousmaterial.

(3) Prohibition of off-site discharge of fluids, except pursuant to

an approved discharge Permit'

water Availability Report. A report that includes a detailed description and

analysis of the pot"nfããnO 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-potabie 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 ,"rË 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 -õô"t"t¡on,

through closure and final reclamation, and

how that changing demand will be met'

e. Demonstration of the availability of potable and non-potable water

to meet arr öiå;ected demands f-or 99 years. lf final reclamation and

how the mine will comPlY

Article and include:

(r )

(21

(3)

(4)

(5)

with the standards in Division 5 of this

Grnneto Cou¡¡rv Llruo Use lruo Developmerur Cooe 14-30

12.

t3

14.

Plus ten (10) Years'

Assessment of lmpacts to Geothermal Resources. An assessment of the

adverse impacts to leothermal resources and to the quality or function of

.på. ãro nöt springJin the lmpact Area that rely on geothermal resources'

Assessment of Cave and Karst Formations'

A report that includes a detailed assessment of features, characteristics

and values of the òave and karst formations and cave resources in the

lmpact Area, including:

a. Biota. value as seasonal or year-long habitat_ for organisms or

animals, or prãt"n.e of specieð 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 inìe Cfiì OO.¿ anO 43 CFR 7.3) or other features that

are includeä i" "i eligible for inclusion in the National Register of

Historic Plaães becaulse of their research importance for history or

prehistory, ñetoricat associations, or other historical or traditional

significance.

c. Geologic/Mineralogic/Paleontologic'

(1)Geologicormineralo.gicfeaturesthatarefragile,orthatexniO¡t- interesting fórmation processes, or that are

otherwise useful for studY'

(2)Depositsofsedimentsorfeaturesusefulforevaluatingpastevents.

(3) Paleontologic resources with potential to contribute useful

educational or scientific information'

d.Hydrologic.Partofahydrologicsystemorcontainswaterthatisiniportañt to humans, biota, or development of cave resources.

e,Recreational'Recreationalopportunitiesorscenicvalues.

f . Educational or scientific. opportunities for educational or scientific

use; or, tnä cave is virtually in a pristine state, lacking evidence of

contemporãrv nrr"n disturbance or impact; or, the cave's length,

volume, totat"deptn, pit depth, height, or similar measurements are

notable.

g. Description of the immediate and long-term im-pacts and Net Effects

of the ruining operation on caves, karst formations and cave

resources.

SpillPreventionControlandCountermeasuresPlan.Aplanaddre:?lnqspill prevention and countermeasures consistent with 40 cFR part 112that

includes:

a. Baseline assessment of conditions of the soils within the lmpact

Area.

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

GrRnelo Cou¡¡rY Llruo Use lHo DeveloPuelr Cooe 14-31

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'

15.

c.Measures,proceduresandprotocolsforspillprevention,storageand containment.

d.Measures,proceduresandprotocolsforreportingspillsandstorageto the Cornt',-.trt" ãnO federal officiais that provides for the

following:

(f ) Spills and releases of any size which im,pact or threaten to

irnp".t-'àìv ùát"rr of tñe state, residence or occupied

structure,livestock,orpublicbywaywillbeverballyreportedtotheCountyaSsoonasprãcticable,butnotmorethantwenty-four (24) hours after discovery'

(2lspillsandreleasesofanysizewhichimpactorthreatentoimpaJäñV*ãt"r supply área will be verbally reported to the

County immediately after discovery'

(3)Spills,chemicalspillsandreleaseswillbereportedin

"""oä"n"" with applicable state and federal laws, including

tn" ÉÃãrgãncy ptånning and community Right to Know Act,

the cîmpiehensivã Environmental Response'

Compensãtiön anO Liability AcI (CERCLA)' and the-Clean

w"iå À.t, às appticabte. Appticant will provide the county

witfrä õy;f ãny setf-reporting submissions that Applicant

Provides to anY agency'

e.Measures,procedures,andprotocolsforclean-upandcontingencyand descriãi.lon ot tn" financiat security for these provisions.

lmpacts ,""Juitìng from spills.and releases will be investigated and

cleaned uP as soon as Practicable'

f.County,oritsdesignee,mayundertakeprevention'control'counterme"ru,", "oñtaint"nt'

and clean-up measures if the

Appticant iã¡r' io compty wiih its obligations under the spil

PreventionControtandCountermeasuresPlanandthattheApplicant wiif ôaV aU costs incurred by the County for any such

measures'

Mine Waste Water and Hazardous Materials Management Plan' A plan that

provides for:

a.Storage,useandmaintenanceofallfuel,chemicals,oil,greaseandblasting

"glnt, in such a manner as to prevent accidental discharge

into anY surface or ground water'

b.Eliminationofuseofchemicalminingprocessingsuchasheapleach mininj untess the use of such materials or chemical mining

process i, ""rrãnti"l

and will not have an adverse impact upon the

public n""lt,, -rãt"ty,

and. welfare or the environment. Avoid

transportaion'oi such'materials to the maximum extent feasible.

c.Disposalofminewastesthatmayretain.hazardouschemicals,heavy ."t"t |'ãricr"r or radioactive material pursuant to applicable

stateorfederalrequirements.Hazardousorradioactiveminewastes will not be used for backfilling'

Grnnelo CouurY Ln¡¡o Use tno DEVELOPMEIT GOOT '14-32

d. Treatment, storage and disPosa I of non-hazard ous mine wastes in

accordance with local, state and federal requirements. Non-

hazardous mine wastes wi ll be covered and graded to allow surface

16.

lands.

TopograPhY

except in emergencles, of tailgates or use

drainage and ensure longterm stability'

e. Location of mine waste piles or impoundments to prevent surface

water runoff frãm entèring the mines, waste piles or other

structures. Any structures wil divert surface water runoff from mine

waste pites ór impoundments containing water_ that has been

contaminateO Ouiiåg Mining Operations. Use of liners or other

ipecitic technotàgieä or sitlng and design measures to prevent

iã"p"g" of leachãte from mine wastes into ground water.

NoiseAssessment,MitigationandMonitoringPlan-As.qryeyofambientnoise levels anO assessñent of the noise impacts of the.Mining Operation'

;;; pl"n to,, monitoring and mitigation of the impacts, including:

a. An ambient noise survey for affected lands at baseline and during

all phases oi tñ" Mining Operation' prepared by a qualified

consultant' The survey shall include:

(r)Measurementofexistingnoiselevelsonthesiteandattocatìons both on- and olf-site that may be affected by the

oPeration.

(2lDocumentationoftheambientnoiselevelpriortobeginningeach Phase of the oPeration'

(3)ldentificationofsourcesofnoisebyeachphaseoftheoPeration.

b.AdescriptionofhowtheMiningoperationwillcomplywiththe.standards in Division 5 of this Añicle, including an assessment of

the potentiai*¡t" impacts and details of how the noise impacts will

be mitigated.

(1)lndeterminingnoisemitigation,specificsitecharacteristicswill be considèred, including but not limited to:

(a) Nature and proximity of adjacent development'

(b)seasonalandprevailingweatherpatterns,includingwind directions.

(c)Vegetativecoveronandadjacenttotheaffected

(d)

(21 Mitigation measures including but not limited to best

management Practices such as:

(a)Restrictionsonhoursofoperation'enclosureofequipment and operations, buffering and screening'

lim¡tat¡ons on hóurs of truck traffic, and siting of

operationsawayfromsensitiveusesandactivities.

(b) Measures to control on-site noise generated by truck

trafficusedbytheMiningoperationincludingrestrictions on ihe use of jake brakes on- or off-site

GARFTELD CoururY Llt'lo Use tno DeveloPlrleur Cooe

banging14-33

'17.

18.

the site.

Access Roads:

(r)

(21

(3) A program for periodic noise monitoring'

Grading,Erosion,andSedimentControlPlan.Aplanthatdemonstrateshow the project w¡rr 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 óontour intervals approved by staff'

b. Narrative description and scaled drawings of specific erosion and

sediment control measures, including ãpproxim-ate locations of

drainage facilities and drainage patterñs on the affected land; and

Wetlands oi ãtn", water bodies receiving storm runoff from the

affected Iano.lvpical erosion control measures should be depicted

using and standard maP sYmbols'

c. construction schedule, indicating the anticipated starting and

completion iir" periods of the site grading and/or construction

phases ¡n"luåiñg- irré ¡nstatlation anã removal of erosion and

sediment control measures, and the estimated duration of exposure

of each arãa prior to the completion of temporary erosion and

sediment control measures'

d. Estimated total cost of the required temporary soil erosion and

sediment cònirot measures, to determine performance guarantees

for the ProPosed Plan'

e. calculations made for determining rainfall runoff and sizing of any

sediment bãsins, diversions, con-veyance, or detention/ retention

facilities.

RoadlmprovementsandMaintenancePlan.Aplanthatincludes:

a. Maintenance practices on the proposed travel ,toYt:tf-I:!JTwithoutlimitation,gradingofunpavedroads,dustsuppresslon,vehicle

"r"äninl 'nË""ttãry to minimize re-entrained dust from

adjacent |,ããJrJrnow and ice management, sweeping of paved

roads/shoùáãiå, potnole patching, répaving, .crack sealing, and

chip sealing-Ã"J"*åw to maintaiñ an adequate surface of paved

roads along the ProPosed route; and

b.Anynecessaryphysicalinfrastructureimprovementstoensurepublic r"t"-t¡ót åll moOes of travel along travel routes to and from

of horns on-site, and regulation of truck sPeeds

Such measures will be imPosed pursuant to noise

standards indicated in 14-508.M, Table 1, Maximum

Permissibleexcept inrequirements

Norse Levels for Mining OPerations

contradiction of state or federal

lmprovement a minimum distance of 200

Location, improvements and maintenance of access points

t" pìolii roads to assure adequate capacity for efficient

rouèt"nt of existing and projected traffic volumes and to

minimize traffic hazards.

c,

G¡Rnelo Coururv L¡t'¡o Use lruo DeveloPue¡¡r Gooe

of access roads14-34

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 accesslng the well and

19.

Production facilities'

(3)lfanaccessroadintersectswithapedestriantrailorwalk,pavingtheaccessroa-dasahardsurface(concreteo.raspnait)-á Oistance of 100 feet either side of the trail or walk

ano ii ñeóessary, replacing the trail or walk to address the

weight load requirementJ of the vehicles accessing the

Project.

(4)Restrictionofaccesstotheaffectedlandsduringpost-Miningoperationsbyfencingorothermeansifthereareimpou"ndments retaining watei contaminated with harmful or

hazardousmaterialsorhazardousconditionsremainPresent on the affected lands'

d. Access to the affected lands during post-Mining operations will be

restricted ov tencing or other meãns if there are impoundments

retaining water coniaminated with harmful or hazardous materials

or hazardousionditions remain present on the affected lands'

Transportation Plan

a.Amapandplanshowingtheproposedroutesto'beusedbytrucksand other

"óu¡prént tó rraut materials to and from the Mining

operation. rne þlan shall ldentify all measures necessary to ensure

the safety anJquality of life experience of other users of the county

iransportãtion lysteín, adjacent residents, and affected property

owners, including without limitation:

(1)Mapindicatingproposedtriproutesforalltrafficservingthemininö-opãr"iion

'ouring all phases of development and

oPerations

(2)Routeswillbedesignedtoavoidtothegreatestextentpossible resident'ral areas' commercial areas'

"nuiionr"ntally and visually sensitive areas, schools and

other civic builâings, municþalities and already congested

locations.

(a)Whenaproposedrouteincludesstreetswithinamunicipatity, the County will consult with the

appticánte municipal government to establish

approPriate routes.

(b) When a proposed route is located near a developed

area, thà ,County will weigh the advantages of a

shorter haul roúte with decreased haulage trips

against other potential impacts to residential or

tourist areas.

GnRnelo GoururY Ln¡¡o Use ¡no DEVELOPME¡IT COPE14-35

(3) Limit traffic on public roads during seasons when heavy

(4)

(5)

(6)

vehicle use, weather conditions, or water saturation mayresult in significant damage.

Restrict weight of trucks so that they do not exceed road orbridge weight capacity established by the County or amunicipality, or federal or state requirements.

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, noiseminimization, and traffic control safety measures;

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 ofday) of all vehicles to be used for the proposed miningoperation.

21

22

20

23

Vibration Assessment and Mitigation Plan

a. Assessment of the projected construction and operational vibrationimpacts at the boundary of the affected lands.

b. A plan to mitigate construction and operationalvibration impacts at

the boundary of the affected ands.

c. Assessment of the Net Effect of vibrations at the boundary ofaffected lands.

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.

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 approvedDRMS Reclamation Permit to County.

Geologic and Natural Hazards Assessment and Mitigation Plan.

a. Geologic and Natural Hazards Report. A report detailing the natural

and geologicalcharacteristics 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

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 mitigatingimpact! to the Mining Operation from geologic and natural hazards

and impacts of the Mining operation on geologic and natural

hazards.

GrRnelo Gouurv LAND UsE lno Devgloprue¡¡r Cooe 14-36

24. Lighting Plan. A plan for i nstallation of down cast lighting or some otherform of lighting that mitigates light pollution and spill-over onto adjacentproperties; provided, however, that the plan shall provide for the use oflighting that is necessary for public and occupational safety

25, Emergency Preparedness and Response plan. A plan that addressesevents such as: explosions, fires, toxic emissions, transportation ofhazardous material, and vehicle accidents or spills. The plan must includeproof of adequate personnel, supplies, and funding to immediatelyimplement the emergency response pran at all times forèach phase of thäMining Operation.

DARDS.DIVIS ION 5. 1041 PERMIT APPROVAL STAN

Approval of a 1041 Permit will be based on whether the project satisfies the following approvalstandards.

I 4.501. 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 theproject prior to any site disturbance. The BOCC may, at its discretion, defer making a finaldecision on the application until outstanding property rights, permits, and approùals areobtained.

B. Expertise and Financial Gapability.

The Applicant has the necessary expertise and financial capability to develop and operatethe project consistent with all requirements and conditions.

C. Technical and Financial Feasibility.

The project is technically and financially feasible. This determination may include, but isnot 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 withsurrounding land uses. The proposed operation will be located so as to mìtigatecumulative impacts to roads, air, and water quality.

E. Risk from Natural Hazards.

The project is not subject to significant risk from natural hazards. This determination mayinclude, 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;

Grn¡lelo Courury Lnno Use e¡lo Developruerur Gooe 14-37

4. Wildfire hazard areas; and

5. FloodPlains'

F. Control of Fire Hazards.

The project will not create an unreasonable risk of fire hazard.

G. Gonformance with Plans.

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 proviáe services or on the ðapacity of service delivery systems. This determination may

inilude, but is not limited, to the following considerations:

1. Existing and potential financial capability of local governments to

accommodate development related to the project'

Z. Current and projected capacity of roads, schools, infrastructure, housing,

and other services and impact of the project upon the capacity'

A. Changes caused by the project in the cost of providing education,

transf,ortation netwórks, water treatment and wastewater treatment,

"rergen"y 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.

l. 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

tne óouïty. This determination may include, but is not limited to, the following

considerations

1.

2.

Changes in assessed valuation;

Tax revenues and fees to local governments that will be generated by the

proposed activitY;

Changes in tax revenues caused by agricultural lands being removed from

production;

changes in costs to water users to exercise their water rights;

changes in costs of water treatment or wastewater treatment;

Effects on wastewater discharge Permits;

lnability of water users to get water into their diversion structures; and

Changes in total property tax burden.

3.

4.

5.

6.

7.

8.

Gtnrtelo Cou¡¡rv L¡tlo Use eno DeveloPMENT Cooe 14-38

K. Effect on EconomY.

The project will not significantly Degrade any sector.of the local economy. This

determinãtion 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

,ecr"ät¡onal opportunities and experience. This determination may include, but is not

limited to, the following considerations:

1. Changes to existing and projected visitor days;

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. Gonservation.

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'

Z. 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. VisualQualitY.

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:

a. Visual changes to ground cover and vegetation, waterfalls and

streams, or other natural features;

b. lnterference 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

Glnnelo GouHrv LAND UsE ¡ruo Developue¡lr Gooe 14-39

1. The project will not sign ificantlY

2. The determination of imPacts to

but is

a.

b.

2.

degrade water qualitY

water quality of the Project may include

not limited to:

Changes to existing water q'3liY:ll"luding patterns of water

circulation, tempeiãtuiã' conoitions.otine õibstrate' extent and

persistence ot ru'õåîiåiîatticurates and clarity' odor' color or

taste of water;

Applicable narrative and numeric water quality standards;

Changes in point and nonpoint source pollution loads;

lncrease in erosion;

Changes in sediment loading to Water Bodies;

Changes in stream channel or shoreline stability;

Changes in stormwater runoff flows;

Changes in trophic status or in eutrophication rates in lakes and

reservoirs;

Changes in the capacity or functioning of streams' lakes' or

reservoirs;

¡. Changes in flushing flows; and

k. Changes in dilution rates of mine waste' agricultural runoff' and

otn"rinieéulated sources of pollutants'

Ground water qualitY'

1. The project will not significantly degrade groundwater quality or

c.

d.

e,

f.

g.

h.

o.

and

c. Changes in quality of well water within the lmpact Area'

R. Wetlands and riParian areas'

l.Theprojectwillnotsignificantlydegradewetlandsandriparianareas.2.Anywetlandsand,i.q?i."nhabitatmitþationshallbecoordinatedwith

cotorado parks ano wiririteänã tn" nrmy corps of Engineers'

2.ThedeterminationofimpactgtowetlandsandriparianareasoftheprojectmaYìnauOe but is not limited to:

a' Changes in the structure and function of Wetlands;

b.ChangestothefilteringandpollutantuptakecapacitiesofWetta-nOs and RiParian Areas;

functions.

Thedeterminationofimpactstogroundwateroftheprojectmayinclude

c. Changes to aerial extent of Wetlands;

but is not limited to:

a. Changes in aquifer recharge-rates' ground*11?l]:Y"ls and aquifer

capacityintrî,,äîng''"epagãtossãs'tñ'oughaquiferboundariesandái äq uit-er-stream interfaces;

b.ChangesincapacityandfunctionofwellswithinthelmpactArea;

GnRrleuP Cou¡¡rv LAND USE AND DEVELOPMENT GODE1440

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 Parksand Wildlife.

3. The determination of effects of the project on terrestrial or aquatic life mayinclude, 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 theprotection and propagation of any terrestrial animals;

f. Changes to habitat and critical habitat, including stream bed andbanks, spawning grounds, riffle and side pool areas, flushingflows, nutrient accumulation and cycling, water temperature, depthand circulation, stratification, and any other conditions necessaryfor the protection and propagation of aquatic species; and

g. Changes to the aquatic and terrestrialfood 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 habitatmay 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, includingspecies composition, diversity, biomass, and productivity;

c. Changes in advancement or succession of desirable and lessdesirable species, including noxious weeds; and

d. Changes in threatened or endangered species.

U. Vegetation and Weed Management.

The lmpact Area will be revegetated and maintained in conformance with the approvedVegetation and Weed Management PIan and shall not result in intrusion of noxiousweeds or other invasive species.

V. Soils and Geologic Gonditions

1. The project will not significantly degrade soils and geologic conditions.

2. The determination of effects of the proposed activity on soils and geologicconditions may include, but is not limited to, the following considerations:

Grn¡relo Gou¡¡rv Lr¡¡o Use nHo Deve¡-opue¡¡r Cooe 14-41

Changes tomorphologY,

the toPograPhY,and ProductivitY,

natural drainagesoil erosion

patternpotential

s, soil

, and

FloodPlains;

b.Changestostreamsedimentation'geomorphology'andchannelstabilitY;

c.Changestolakeandreservoirbankstabilityandsedimentation,andsafetY of existing reservolrs;

d.ChangestoAvalancheAreas,mudflowsanddebrisfans,andotherunJá"br" and potentially unstable slopes; and

e. Exacerbation of seismic concerns and subsidence'

W. Traffic.

TheprojectwillnotcauseasignificantadverseimpactontrafficinthelmpactArea,

l.Thelevelofservicefor.eachaffectedroadsegmentwillnotbereducedover Pre-Project conditions'

2'Theownerwillbearthecostofallimprovements,repairs,andt"¡nìån'nce necessitated by the project'

a.lfitisdeterminedthattheprojecteduseofpublicroadsbytrafficand equipm"nt är"läo-tã'tne project will increase traffic above

existing levels "i;;Ë;ã' t"tùtt in a need for increased roadway

maintenance, tne åwñeï will enter into an agreement with the

Countywherebytheownerassumesresponsibiiityfor.constructingthe necessary improvements to Ãaintäin the existing level of

service, ano tne Jwnei provides for additional road and bridge

maintenan"" o,i"itúuì'é' the Couñty for such improvements and

maintenance.

b.Theownerwillmaintainfinancialassurancetosecuretheconstruction, ,åint"nánce and ,"páir obrigations. The amount of

such financirr "lt'ãnìe will be determined by the County'

X. Nuisance.

TheprojectwillnotinterferewiththeuseandenjoymentofpropertywltlilthelmpactArea. Such interfeiàn." rñ"rr be deemed a nuisance pursuant to c'R'S' S 30-15-40'

YAreasofPaleontological,HistoricorArchaeologicallmportance.Theprojectwillnotsignificantlydegradeareasofpaleontological,historic,orarchaeological im Portance'

Z, Agricultural Resources'

The project will not cause a significant adverse impact on agricultural lands and

agricurturar operations. comprian." *iñ iñ e Agricurturaiimpact Assessmenf is required

tJmeet this standard'

AA. Release of Hazardous Materials'

The project will not result in unreasonable risk of releases of hazardous materials'

a

Gtnrtelo Gou¡¡rv L¡tlo Use lruo Devgt-oPrur¡¡r Gooe1442

14-502

BB. Benefits Versus Loss of Resources.

The benefits accruing to the County and its citizens from the project outweigh the losses

of any resources *i-tf'¡n the Couñty, or the losses of opportunities to develop such

resources.

CG.' 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. Gompliance with Required Plans and Reports'

The project will comply with all plans and reports required by the county under Division 4

of this Article.

. ADDITIONAL STANDARDS APPLICABLE TO RAPID OR MASS TRANSIT

FACILITIES.

ln 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.

Z. 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 extenl 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 bó justified on the basis of local benefit alone, nor will a Permit for

such a locätion be denied solely because the location places a burden or

deprivation on one local government as required by c.R.s. s 24-65.1-

204(4)(c).

S. 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

bonveyance that will load and unload passengers at the Station.

G¡Rnelo Coururv Lluo Use nruo DeveloPMENT Cooe 1443

id or Mass Transit Facilities will have adequate and safe ingress and6.

7.

Rap

g. Rapid or Mass Transit Facilities will be designed and.located in a manner

thaï will reduce traffic congestion and resulting air pollution'

g. Rapid or Mass Transit Facilities will be located and designed so as to

minimize noise "nã

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 equipmenión ¡'''" guideway to reach the travel surface of a plowed

public road exceôt- át ¡niärsectioñs, nor will guideways be placed or

designed so that !no* plumes from snow removal equipment on pu.b.lic

roads wilt reach tnã gi¡oåway. ln determining the right-of-way and corridor

ri'g.r"rt for Rapiã iransit, óonsideration wiú be given to areas needed for

snów 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 passen!ãrs expecteã 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 tãV'n" moOiiieO bãsed upon sufficient evidence of

passenger róããing from other forms of intermodal transfer (such as

Amtrak, tour busei, regional surface buses' carpools' etc')'

b.TheApplicantmayinitiallyprovideasmallernumberofparking,p"."é ¡t tfre total ärea deOicated to potential parking expansion is-

shown to oe targe enough to accommodate the required number.of

parking ,p"càõ "no

tlhe Appticant provides .financial security

acceptabtå to the BOCC which guarantee-s that the required

number "ãn

Ú" built if actual need is shown after operation begins'

12. Access roads to a rapid or Mass Transit Station or Terminal will be

désigned, constructed'or improved to accommodate, during a 15 minute

óã¡õ0, the maximum number of automobiles anticipated to arrive before

the scheduteo oepãrture of the Mass Transit conveyance without causing

cars to back up oñto 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,


*iff áppf' to site sãlection of Solid Waste Disposal Sites:

A. State and Federal Regulations'Demonstration of compliance wìtn att applicable state and federal laws and regulations'

egress for all transit modes.

The locatio n of Fixed Guideways will maximize joint use of rights-of-way for

trails and bikeways and other transportation alternatives

Gnnneuo Cou¡¡rY Ln¡lo Use ttlo DeveloPrvlerur Cooe 14-44

14.504. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION OF DOMESTIG

WATER AND SEWAGE TREATMENT SYSTEMS.

ln 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 witn all applicable state and federal laws and regulations.

I4-505. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION FOR ARTERIAL

HIGHWAYS AND INTERCHANGES.


will apply to site selection for Arterial Highways and lnterchanges:

A. Areas Around Arterial Highways, lnterchanges, and Collectors.

Areas around Arterial Highways, lnterchañges, 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.MinimizedangerassociatedwithHighwaytraffic;and5. Encourage compatibility with non-motorized traffic'

B. Site Selection.1. Arterial Highways and lnterchanges will be located and designed so that

community traffic needs are met.

Z. Arterial Highways and lnterchanges will be located and designed so that

desirable community patterns are not disrupted.

14.506. 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. ln addition to the general standards set

forth in section 1'4-5;01, ihe following standards apply to land use in areas around Airports

and HeliPorts.

B. Prohibited Uses and Activities'1. The following uses are prohibited in the AirporUHeliport lnfluence Overlay

District.

a. SanitarY landfills; and

b. Water treatment Plants.

Z. 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 slgns, pin cups, and pins are not considered to be structures.

3. Public assembly facilities are prohibited in the RPZ'

4. High density uses will be prohibited in Approach Surfaces.

GIRTIEIO COUHTY LAND USE IruO DEVEIOPMENT Gooe 1445

c. Permitted Uses and ActivitiesAirport/HeliPort lnfluence Area OverlaY to the

The following uses are perm itted within the

extent that theY are permitted by the unde rlying zone district, and the ProPosed use

complies with aPPlicable standards for the zone district, the use restrictions set forth in

Table 3-303.4, AirPort OverlaY use Restriction and Table 3-303.8, Use Restrictions Based

7

on Noise Levels.

1. Public Assembly Facilities' Public assembly facilities may be allowed in

npprã""ñêrrr"ä", if the potenti"l d"ng"t to public safety is minimal'

2.Residential.ResidentialstructureswillbelocatedoutsideApproachSurfacesunlessnopracticablealternativesexist.

3.GolfCourses.Golfcoursesmaybeallowedconditionedupontheuseofaccepted management iããñniq'.í,,rs to reduce existing wildlife attractants

"nO läáuoid thJcreation of new wildlife attractants.

4'FarmUse.FarmingpracticesthatcomplywiththerecommendationsofFAA'A;;i;ory ðir.rt-t"i r solszoo -3A, Hazardous wildlife Attractants on or

Near AirPorté, will be encouraged'

5. Utilities'

a.lntheRPZ,utilities,powerlines,andpipelineswillbelocatedunderground.

b.lnApproachsurfacesandAirportDirectandSecondarylmpactAreas, tne propäsã-Jñ"'gh, ot ltitities will be coordinated w*h the

AirPort SPonsor and the BOCC'

6.WetlandMitigation,Creation,Enhancement,andRestoration.Wetlandconstruction, enhancerãnt, iestoration, or Mitigation projects within the

overlay district wiil be ilol"ätiá |.*ie,y unoer the Major lmpact Review and

may be permitted n"r"ã-üpon compliance with the applicable standards'

a.LocationofWetlandMitigationbanksoutsideApproachSurfacesand areas ,"g;'"t"¿ unã"' this overlay district is .encouragedbecauseofthepotentialforincreasedairnavigationsafetyhazards.

b'WetlandMitigation,creation,-enhancement,orrestorationprojectsexisting o,'

"pprÑ"'O òn tne effective date of this Article and located

within areas t."õul"i"ã under this overlay area are recognized as

lawfullY existing uses'

Waterlmpoundments¡nApproachsurfaces,DirectlmpactAreas,andSecondarylmpactAreas.Anyuseoractivitythatwouldresultintheestablishment or

"*pånrrn of water impoundments in Approach surfaces,

Direct tmpact nr""!]'rnã sècondary impact Areas will comply with the

following requirements:

a. No new or expanded water impoundment: oi 114 -acre

in size or

largerwillbepermittedwithinanApproachsurfaceandwithinS'000feet from the end of a RunwaY'

No new or expanded water impoundments of 114 acre in size or larger will

be permitted on råä-å*"àå ny tn" AirporuHeliport sponsor that is

ñå.å.t"ty for AirporUHeliport operations'

I

l;ro ,I""f?Sposed to be tocated within the Noise lmpact Area Boundaries will comply

*in tn" n¡rport Master Plan and FAA Regulations'

GrRrtglo GoururY Ltt¡o Use ¡¡¡o DrveuoPuerur Gooe1446

E. Avigatio n and Hazard Easement.unobstructed passage for aircraft andAn avigation a

ensuring safetYAirport Sponsor

nd hazard easement allowingand use of the Airport for the public will be provided and dedicated to the

1. Recording. The avigation and hazard easement will be recorded in the

office of the County Clerk and Recorder'

Z. 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 lmpact Boundary'

Z. ln 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 demonstiate 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. GommunicationsFacilitiesandElectricallnterference.No use will cause or create electrical interference with navigational signals or radio

communications between an AirporUHeliport and aircraft'

1. Location of new or expanded radio, radiotelephone, and television

transmission facilities and electrical transmission lines within the

AirporyHeliport lnfluence 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 ón leased property located within Airport lmaginary Surfaces will be

conditioned upon'their rémoval 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 ãssociated with AirporUHeliport 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'

Z. 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

Oiðtinguisn between AirporyHeliport lighting and other lighting.

l. Use of Reflective Materials Prohibited.Ño gtare-producing material including, but not limited to, unpainted metal or reflective

gì"rË, will be usedón the exterior of stiuctures located within an Airport Approach Surface

ãr on nearby lands where glare could impede a pilot's vision.

J. lndustrial Emissions That obscure visibility Prohibited.Ño development will, as part of its regular operations, cause emissions of smoke, dust, or

steam thai could obscure visibility witnin Airport Approach Surfaces. The BOCC will

impose conditions determined to be necessary to ensure that the use does not obscure

visibility

GInTIETO GOUUTY LAND USE AND DEVELOPMENT Cooe 1447

K. Height Restrictions.Àit ,r". pe-rmitted by the undertying zone will comply with the height limitations in this

section. Wt "n

neignt restrictions of tfre underlying zone district are more restrictive than

those of the oveda! district, the underlying zone district height limitations will control.

L. Penetration of Development into lmaginary surface Area.

No structure or tree, plant, oi other object of natural growth will penetrate an Airport

lmaginary Surface, except as follows.

1. Structures up to 35 feet in height may be permitted in areas within

AirporyHeliport lmaginary Surfaces, except those outside the Approach

and Transitìonal Surfaces where the terrain is at higher elevations than the

Airport Runway/Heliport surfaces such that existing structures and

permitted develôpment penetrate or would penetrate the Airport lmaginary

Surface.

2. Written agreement by the Airport Sponsor and the FAA will be provided for

other height exceptions requested'

M. Wetland Gonstruction, Enhancement, Restoration, or Mitigation'Weiland construction, enhancement, restoration, or Mitigation projects within the overlay

district will be will comply with the following standards'

1. We¡and 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. Welands projects that create, expand, enhance, or restore Wetlands that

"r" propoéed to be located within the overlay district and that _would

result

in the ireation of a new water lmpoundment or expansion of an existing

water lmpoundment, will demonstrate all of the following:

a. Off-site Mitigation is not practicable;

b. The We¡and 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 ecologicalfunctions, 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 inã 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

Sponsoi, the BOCC, the FAA and FAA's Technical Representative,

tlre 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 ln RPZ, Approach Surface, and lmpact Areas. The

land use restrictions in the RPA, Approach surface, Direct lmpact

Areas and secondary lmpact Area are identified in Table 14-506.M.

N. Separation of Noise-sensitive Land Use'

Areas aroúnd Airports and Heliports will be administered to encourage land use patterns

that will separate uncontrollable noise sources from residential and other noise-sensitive

Ganrtelo Cou¡¡rv Ll¡lo Use lno DeveloPMENT Cooe 1448

areas. Withinrestrictions will

Airport or HeliPort Noiseapply, based uPon the noise

lmpact Boundaries, the following land use

levels identified in Table 14-506.N.

P PLLPubl AiPLLNResidentialPLLNCommercialPPN Llndustrial

L PLNlnstitutionalPPPL3PPPLSPLN LAthletic FieldsLLLN

1. Within 10,000 feet from the end of the primary surface of a nonprecision instrument

Runway, and within 5O,0OO 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,> units per acre; (3) within 1,500 to 3,000 feet of the outer

edge of the RPZ, 4 units Per acre.

3. noãos and parking areas are permitted in the RPZ only upon demonstration that there

are no praciicableãlternatives. Lights, guardrails, and related accessory structures are

prohibitäd. Cost may be considered in determining whether practicable alternatives exist.

Source: Model. public Use Airport Safety And Compatibility Overlay Zone (Visual and

lnstrument Approach Airports), oregon Department of Aviation

P = PermittedL = Allowed with LimitationsN = Use is Not Allowed

Drnecrln¡plcrAnr¡

RPZ

Table 14-506.M.: Use Restrictions, RPZ, Approach Surface, and lmpact Areas.

SeCOHONNY IMPACT

AREAAPPROACHSuRrncel

GInTIEIO COUruTY LAND USE ¡ruO DEVEIOPMENT Cooe 1449

NL L N NP

N NP N N N

L N NP L LN N NP L L

N N NP L L

L L N NP PLP L L LP

L NP P L LL N NP P LL L NP P L

L L N NP PNP L L LP

L NP P L L

L L NP P L

L L L NP PL L L LP L

NL L N NPP PP P P PN NP L L N

N NP N N N

N N NP P NN N NP Y Y

N NP P L L

Source: 4C150/5020-1

14.507. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION OF AIRPORT ORHELIPORT 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 economicand transportation needs of the State and the area. ln addition to the general standards set forth

in section 14-501, the following standards will apply to all applications proposing the location orexpansion of an Airport or Heliport.

GlRnelo Cou¡¡rY LaHo Use nno Developmenr Cooe t4-50

A. AirPort LaYout'Airports will be developed in accordance with an FAA-approved Layout Plan, or a Layout

ptan approved by the BOCC, complying with FAA Advisory Circular 150/5300-134 and

the current Northwest Mountain negiänÁirport Layout Plan checklist, with the exception

that aircraft tie down dimensions ne--ed onty be sufficient to provide adequate clearances

for the aircraft to be tied down'

B. HeliPort LaYout.Heliports anO- Helisíops will be developed i1 ac-cordance with an FAA-approved Layout

plan, or a Layout plan approved by in" gocc complying with FAA Advisory circular

150/5390-2.

C. Fabrication, Service, and Repair Operations'All fabrication, rã*it", and repair opeiationswill be conducted in compliance with Airport

Rules and Regulations.

D. Storage of Materials'All storage ofïaterials will be within a building or obscured by fence'

E. Ability to Obtain Necessary Permits'The Applic"ni ."n and will obtain ál necessary property rights, Pellifs' approvals' and

easements linctuoing needed easements for ðrainage, disposal, utilities, and avigation

within Airport "rea

oiinfluence) prior to site disturbanle 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 oi grå Airport or-l-leliport 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 tocatior-;i iù'Árport or Heliport site or expansion compliments the existing and

reasonably foreseeable economic àno transportation needs of the State and of the area

immediately served by the Airport, particularly Mass Transit Facilities'

H. Nuisance.The location-ái in" 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 tuture ãxpansion will not violate any applicable local, state, or federal laws or

regulations; proviOed that in any area with a potential noise level of CNR 1 10 or more, no

stñlcture w¡line allowed and eiisting structures will be relocated'

14-508. ADDITIONAL STANDARDS APPLICABLE TO MINING OPERATIONS IN MINERAL

RESOURCE AREAS

ln 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.

Gtn¡l¡t-o GouHrY Llt'lo Use ¡¡¡o DEVELOPMENT CODE 14-51

ated with the Mining OPerati on will not cause a hazard to PubliBIasting assoclsafetY, welfare or the environ ment. ComPliance with lhe Blasting Planis required to

this standard' ln addition:

rator will Prov ide to the CountY a coPY of the current1 Prior to blasting, OPe

issued to the OPerator or contractor who will beblasting explosive license

conducting blasting activitY The license will be filed with the CommunitY

DeveloPme nt DePartment.

2. A schedu le for blasting above g round, near PoPulation centers, will be

provided to the CommunitY DeveloPment DePartment a minimum of ten (10)

days before the blasting is to occur

c health,satisfY

addition:

1.

2

C. VisualQualitY'

The Mining operation will not cause significant degradation of the viewsheds and scenic

vistas of the lmpact Area, taking i"to "ääJ;iìh" Ë";tì¡erations in section 14-501'O' ln

TheMiningoperationwillbeorganizedontheaffectedlandstominimizeimpact on adjaceli'rå"å-rr"r" "nd

il;i""t ltau!:n1{ neishborhood

character through ,nstãttation of screen fences, berms, and/or landscape

materiars, as we¡ ","b;iËË"ãtiãn

of access points, righting, and signage'

Visualscreeningwillbeinplacepriortothecommencementofeachphaseof the Mining Operation" site prepat"iiã" activity such as i"-T-"-"^1':joverburden will be äfî"*äO õrior io tire construction of the visual screenrng

if material wiil be ,öãì"i1né creation of the necessary screening'

D. Surface Water QualitY'

TheMiningoperationwillnotcausesignif|cantdegradationofwaterquality,takingintoå.""r"iir'Ë considerations in section 14-501'

l.MiningoperationswillnotbeconductedwithinS00feetofthehighwatermark of any naturar *"êiooáy. rrtit standard may be waived by the

Director or the Bocc ir tnã'*påc gitt't9 Mining operation to water quality

"tt", ,iitié"iion *il u" .ini.äiat a location closer than 500 feet'

2.TheMiningoperationwillminimizedisturbancetotheprevailinghydrologicbalance witnin the lmPact Area'

3.lmperviousareaswilldraintovegetatedperviousbufferstrips.Examplesof potentiat techniquer_iä"U" utãã in conjunction with vegetated pervious

bufferstripsafe..intittrationdevices,g,"''depressions,constructedwetlãnds, àand filters' and dry ponds'

E. Groundwater Resources'

TheMiningoperationwillnotcausesignificantogq'13o-ationofgroundwater,takingintoaccount tne consiåäiätiãnt in section 14-501' ln addition:

l.TheMiningoperationwillnotadverselyimpactthewaterqualityofdomesticwells in the lmPact Area'

2.TheMiningoperationwillnotinterferewiththefunctionofwellsinthelmpactArea.

F. Water QuantitY'

TheMiningoperationwillnotcausesignificantadverseimpactonwaterquantity

GaRrtelo CouHrY LAND Use tt¡o DeveloPue¡¡r Cooe14-52

1 The Mining Operation will not cause injury to ex isting 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'

1. 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

we¡ands alno iiparian areas, taking into accountthe considerations in section'14-501. ln

addition:

1. The Mining Operation will preserve the existing native vegetation within

thirty-five leet (35') of the ordinary high water mark on each side of awaterbodY.

2. The Mining Operation will preserve and retain wetlands in their naturalstate

as drainage ways'

l. Geothermal Resources.

The Mining Operation will not cause significant degradation of the quality or quantity of

geothermaì reiources that provide the iource water for hot springs and spas within the

County.

J. Gave 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. Óompliance with the Spil Prevention Controt 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 lmpact Area'

Z. 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.

G¡nneto Cou¡¡rY Laruo Use l¡¡p Developuelr Cooe 14-53

Table 7: Maximum Permissible Norse Levels for Mining OPeration Affecting Parks, OPens

Space, and Other Conseruatíon Areas

N. Vibration.

Acute or recurring vibrations from the Mining operation will not interfere with the peaceful

use and enjoyment ãt property within the lmpact Area. Any such interference shall be

deemed a nuisance pursuant to c.R.s. s 30-15-40. ln addition:

1. No vibration shall be transmitted thru the ground that is discernible without

the aid of instruments measured at five huñdred (500) feet from the affected

lands.

2. No vibration shall exceed 0.0029 peak at up to fifty (50) cps frequency

measured at five hundred (500t 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 0.0019.

3. Single impulse period vibrations occurring at an average interval greater

tnan fivà (S¡ minutes shall not induce accelerations exceeding .019'

O. Surface Disturbance.

1. 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

neeOi 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 Ctunty transportation system; ensure public safety; and

maintain quality of life for other users of ttre County transportation system, adjacent

residents, and affected property owners. where available, existing private roads must be

used to minimize land d'isturbañce unless traffic safety, visual concerns, noise concerns,

or other adverse surface impacts dictate othenryise

O TransPortation Permits

ALLOWABLE DECIBEL L BY TIME OF DAYEVELS

7:00 p.m. to 6:00 a.m6:00 a.m. to 7:00 P.m.IMPACTED LAND USE

45 db(A).45 db(A)-National Parks or RecreationPubic Parks, Federal LandsCampgrounds, and Federally, State orLocally Dedicated OPen SPace orConservation Areas

Areas,

45 db(A).45 db(A).Wilderness Areas

warning Devices Exempted: Devices required by MSHA or the us Department of Labor are

il havietern leved mardstand sou ng* scale aofthe Aoneasum redDe becl lsdb(A)ituterda nstSationN StandalenAm caned ht edefinach cteristicsta by

exempt from this standard

G¡nprelo Goururv LlHo Use ¡¡¡o DeveloPMENT Cooe 14-54

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 lmprovements and Maintenance

i. 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. lf theprojected use of public roads by traffic and equipment related to the Mining

Opãration will result in a need for increased roadway maintenance, theOperator will enter into an agreement with the County whereby theOperator assumes responsibility for constructing the necessary road and

bridge improvements and additional road and bridge maintenance orreimburses 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 Department ofReclamation Mining and Safety and/or the Bureau of Land Management or

Forest Service prior to a final permit decision by the County,

Z. Unless othenrise 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. lf the reclamationhas not commenced in six (6) months, or has not been completed within

eighteen (18) months, Mining Operation on the property will stop until thereclamation/revegetation 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

adjaceñt property except as required for safety and emergency management.

U. GompatibilitY.

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 dedicatêd conservation easements or other areas identified for residential,

commércial institutional or industrial development by either the County or the

municipalities in the lmpact Area.

V. Compliance with State and Federal Regulations.

The Mining Operation will comply with all applicable state and federal laws and

regulations.

W. LeastPracticableEnvironmentalDisturbance.

The Mining Operation shall be conducted in a manner which causes the least practicable

environmental disturbance.

Grnrrelo Coururv LAND UsE n¡¡o Developue¡lr Gooe 14-55

DIVISION 6, FINANCIAL GUA RANTEE

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 guaranteé of financial security. The purpose of the financial guarantee is to assure

the following:

1. Gompletion. The project is completed and, if applicable, that the

Deveiopment Area is properly reclaimed'

Z. performance. The Applicant performs all Mitigation requirements and

Permit conditions in connection with the construction, operation, and

termination of the Project.

3. lncreases Borne By Permit Holder. lncreases in public facilities and

services necessitated Oy tn" construction, operation, and termination of the

project are borne by the Permit holder.

4. Shortfall to Gounty 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 infrasiructure and mitigation required by the County that is not covered by the'Oivision

of Reclamation, Mining and Safety'

14-602. AMOUNT OF FINANCIAL GUARANTEE.

ln 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 nt"" to its original coñdit¡on or to a condition acceptable to the County.

B. Estimated Cost of Performing All Mitigation'The estimatàd cost of performing all luitigatioñ requirements and Permit conditions in

connection with the construction, óperation, and termination of the project, including:

1. The estimated cost of providing all public services necessitated by the

proposed activity until2 years afterthe proposed activity ceases to operate;

and

Z. The estimated cost of providing all public facilities necessitated by the

proposed activity until all such costs are fully paid'

14-603. ESTIMATE.

Estimated cost will be based on the Applicant's submitted cost estimate plus the BocC's estimate

oiir,"-rãáii¡onat .ori io the county oi bringing in personnel and equipment to accomplish any

unperformed purpose of the finanðiat guarãntée.. The. Bocc will consider the duration of the

development or activity and compute a reasonable projection of increases due to inflation. The

Bocc'may requir", å'r ã condition of the Permit, that the financial security be adjusted upon

receipt or oios to perform the requirements of the Permit and this Article.

Grnnelo Coururv L¡ruo Use lruo DeveloPMENT Cooe 14-56

14-604. FORM OF FINANCIAL G UARANTEE

A. Form AccePtable.The financial guarantee may be in any form acceptable to the BOCC and payable to the

County.

B. Guarantor or SuretY.lf the form is a security suclr as a guarantee or letter of credit, the guarantor or surety will

be licensed to do busiñess 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 piior 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 1Oo/o 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

grânted only when such cancellation will not detract from the purposes of the security.

14.607. FORFEITURE OF FINANCIAL GUARANTEE

A. Written Notice.lf 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, witfrin 30 days after Permit holder's receipt of notice, requesting a hearing Þqtqtçthe BOCC. lf no demand is made by the Permit holder within said period, then the BOCC

will order the financial guarantee forfeited

Gennelo Gou¡¡rY LAND UsE lt¡o Devetopuelt Gooe 14-57

B. Public Hearing.The BOCC will hold a hearing within 30 days after the receipt of the demand by the Permitholder. At the hearing, the Permit holder may present for the consideration of the BOCCstatements, documents, and other information with respect to the alleged violation. At theconclusion of the hearing, the BOCC will either withdraw the notice of violation or enter anorder forfeiting the financial guarantee.

C. Disbursement.The deposit described above may be used by the BOCC in the event of the default orallowed default of the Permit holder, only for the purposes of recovering on the surety orfulfilling the Permit obligation of the Permit holder. ln the event that the ultimate reviewingcourt determines that there has been a default by the Permit holder, that portion of anymoneys expended by the County from the escrow funds relating to such default will bereplaced in the escrow account by the BOCC immediately following such determination.The County may arrange with a lending institution, which provides money for the Permitholder that said institution may hold in escrow any funds required for said deposit. Fundswill be disbursed out of escrow by the institution to the County upon County's demand forthe purpose specified in this section.

D. Inadequate Revenue.lf the forfeiture results in inadequate revenue to cover the costs of accomplishing thepurposes of the financial guarantee, the County Attorney will take such steps as deemedproper to recover such costs where recovery is deemed possible.

1 4.701, ENFORCEMENT AND PENALTIES.

A. Enjoinment.Any person engaging in development in the designated area of state interest or conductinga designated activity of state interest who does not obtain a 1041 Permit pursuant to thisArticle, who does not comply with 1041 Permit requirements, or who acts outside thejurisdiction of the 1041 Permit may be enjoined by the County from engaging in suchdevelopment, and may be subject to such other criminal or civil liability as may beprescribed by law.

B. Material Ghanges in the Gonstruction or Operation.lf the County determines at any time that there are material changes in the constructionor operation of the project from that approved by the County, the 1041 Permit may beimmediately suspended and a hearing will be held to determine whether new conditionsare necessary to ensure compliance with the approval standards or if the 1041 Permitshould be revoked.

,14-702. IO4I 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 theterms or conditions of the 1041 Permit orthis Article, the BOCC may send a letter notifyingthe Permlt holder of the potential violation and giving the Permit holder 15 days to correctthe violation or otheruvise 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 anyviolation of the Permit or this Article. The Permit holder will be given written notice of theviolation and will have a minimum of 15 days to correct the violation. lf the violation is notcorrected, the Permit will be temporarily suspended for 30 days; and/or

DIVISION 7. 1041 PERMIT ADMINISTRATION AND ENFORCEMENT

Gnnnelo Courury LAND UsE r¡¡o Developuerr Cooe 14-58

C. RevocationThe County may råvofe a ß41 Permit granted pursuant to this Article if any of theactivities conducted by the Permit holder violates the conditions of the Permit or thisAdicle, or the County determines that the project as constructed or operated has impactsnot disclosed in the application. Prior to revocation, the Permit holder will receive writtennotice and be given an opportunity for a hearing before the BOCC. The BOCC may revokethe 1041 Permit or may specify a time by which action will be taken to correct anyviolations for the Permit to be retained.

14.703. TRANSFER OF 1O4I PERMITS.

A 1041 Permit may be transferred only with the written consent of the BOCC. Consent will be inthe sole discretion of the BOCC. The BOCC will ensure, in approving any transfer, that theproposed transferee can and will comply with all the requirements, terms, and conditionscontained in the Permit, and this Article; that such requirements, terms, and conditions remainsufficient to protect the health, welfare, and safety of the public; and that an adequate guaranteeof financial security can be made.

14-704. tNSPECT|ON.

A. Inspection.The County is hereby authorized to inspect any lands, buildings, or improvements to determine ifsuch are in compliance with this Article. Any official performing such inspection shall abide by alllaws 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 a1041 Permit, the permit holder shall submit a report to the Director detailing theactivities conducted by the permit holder pursuant to the Permit and demonstratingcompliance with all conditions of the Permit and the applicable regulations.

2. Within thirty (30) days of receipt, the County shall review the report. lf the Countydetermines that the permit holder is likely to have violated any provisions of the1041 Permit or applicable regulations, the BOCC shall consider the matter at aproperly noticed public hearing. Upon conclusion of the hearing, if the BOCCdetermines that the permit holder has violated any provisions of the Permit orapplicable regulations, the BOCC may suspend or revoke the Permit inaccordance with this Division 7.

3. Upon notice to the County of the fulfillment of all 1041 Permit conditions, the BOCCmay terminate any annual review requirements.

4. The BOCC may waive or modify the annual review requirements on its owninitiative and discretion or upon petition of the permit holder and upon a showingof good cause therefor.

1 4.7 05. JUDICIAL REVIEW.

Any action seeking judicial review of a final decision of the BOCC will be initiated within 30 daysafter the decision is made, in the District Court in and for the County of Garfield, pursuant to Rule106 of the Colorado Rules of Civil Procedure.

Grnnelo Courury LAND UsE ¡Ho Developuerur Cooe 14-59

5

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).

STATE OF COLORADO

County of Garfield

John . Commissioner Chairman

S CommissionerCommissionerCounty ManagerCounty AttorneY

Kellv Assistant CountY AttorneYClerk 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 THE

GARAFIELD COUNTY LAND USE AND DEVELOPMENT CODE OF 2013' AS

AMENDED INCT UDING BUT NOT LIMITED TO ARTICLES 3,4,7, AND 15 IN

REGARDToREGULATIONSFORPROCESSINGoFAPPLICATIONS'APPLICATION SUBMITTAL REUIREMENTS, APPLICATION STANDARDS AND

REVIEW CRITERIA AND DEFINITIONS ASSOCIATED \ryITH "EXTRACTIONOGRAVEL'' AND "EXTRACTION, MINING AND OTHER" USES

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 is authorized to adopt a zoning plan for the

unincorpor ated areaof Garfield County pursuant to th: provisions of$ 30-28-111 through $ 30-

ZS4rc:C.R.S., as amended. Such provisions also authorize the Board of County Commissioners

lopro.rid" for tire approval of amendments to such zoning plan from time to time.

C. On the l5th day of July ,2013 the Board of County Commissioners adopted Resolution

No. 2013-46 concerning a zonilg phn for the unincorporated areas of the County of Garfield,

State of Colorado.

D. Sections 30-28-110, 30-28-133,30-28-133.5, and 30-28-136, C.R.S., as amended,

provide for the approval of subdivision plans and plats,.an$ the adoption of regulations governing

such plans anO piats by the Board of County Cimmissioners for the unincorporated areas of

carnåt¿ county, Colorado. pursuant to this authority, the Board of county Commissioners may

amend such subdivision regulations from time to time'

))ss)

At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held

in the Commissioners' Meeîing Room, Garfield County Courthouse, in Glenwood Springs on Monday the

4th day of May, 2020, there were present:

E. Pursuant to section 4-tl4 of the Land use and Development code' as amended

(LUDC),theBoardofCo.rrr,VCommissionersandtheDirectormayinitiateatextamendmenttothe LUDC.

Fto amend the LUDC

attached Exhibit A'

County Commissioners

The Board of county commissioners were the applicant for the Text Amendments

G. on April 22,2020,the Garfield county Planning commission' opened a public

hearing on the propósed amendments. The planning -commissiãn

crosed the public hearing on

Aprtr22,2020 to-át"-u decision. rhe pianning cõmmission with a7-0 vote recommended to

the Board orco*tvä-*irrio""rs, that the Boãrd approve the proposed text amendments'

H.onMay4,2020,theBoardofcountycommissionersopenedapublichearingonthe proposed text amendments. The g;ar¿ of county commissionersilosed the public hearing

on May 4,2020 to make a decision'

I.TheBoardofCountyCommissionersonthebasisofsubstantialcompetentevidence produced uirt

" aforementi"""ãh;;;ilg, hu' made the following determinations of fact:

1. That proper public notice was provided as required for the hearing before the Board of

2. The hearing before the Board of County Commissioners was extensive and complete'

that all p"rtirr"rriiu"i*, -utt.r, and issuås were submitted and that all interested parties

were heard at fhat meeting'

That the code Text Amendment is in compliance with the criteria for approval

established in section 4-ll4of the Land use and Development code; and

That for the above stated and other reasons the proposed Code Text Amendment is in

the best interest of th" health, safety, convenienðe, ôrder, prosperity and welfare of the

citizens of Garfield CountY'

NOW, THEREFORE, BE IT RESOLVED by the Boafd of county commissioners of

Garfield County, Cåloru¿o, tírat the C"tn"i¿ County Land Use and Development Code' and as

subsequentty u-"ri.ã ¡v iti, Bog{,.súib" and hereby is amended and said language will be

incorporated into ttre co¿ined Garfierd county Land use and Development code as shown on the

J

4

ADOPTED this

ATTEST:

of 2020

GARFIELD COLTNTY BOARD OF

COMMISSIONERS, GARFIELDCOUNTY, COLORADO

Clerk of the Board Chairman

upon motion duly made and seconded the foregoing Resolution was adopted by the

following vote:AyeA{ayAyeA{ayAye/l.lay

Tom

EXHIBIT A

7-1001

7-1007

7-1001

7-1001

7-1001

7-1001

7-1001

EXEMPT

7-1001

7-1001

7-1001

7-1001

EXEMPT

7-1001

P

A

M

A

A

A

L

A

P

P

P

P

P

P

Tlr

A

A

A

L

A

P

P

P

P

P

P

Tlr

A

L

A

P

P

P

P

P

P

tIr

P

AA

L

A

A

P

A

L

P

P

P

P

P

L

A

a

a

o

a

o

a

a

o

a

a

a

a

o

o

o

a

M

L

L

A

P

L

P

P

P

P

P

A

L

L

L

L

A

P

L

P

P

P

A

P

A

L

L

P

P

P

P

A

P

I

P

P

A

L

I

P

P

A

L

I

P

A

L

P

A

A

L

L

M

A

L

A

M

L

L

P

A

A

L

P

P

Land

002

the-17

of,

14

001,17

Articletn

L

ribedCode

L

ntDesc

L

as

L

Developme

L

and

M

RegulationsIUse

o41tosubiecttsusets

M

Th

A

L

L

I

Safety Area

Temporary

Machinery, and HeavY

Handling

Processing

, Accessory (Batch Plant)tng

Yard, Small

Contractor's Yard, Large

Service

and Gas Drilling and Production

Lodging Facilities

Gravel

Extraction

Accommodation

(NotPump Station

Booster

Operation

Fracturing, Remote Surface

lnjection Well, PiPed

Well, Small

Well, Large

ressoto Article

/P/ By Right /A/ Administrative Review /L/

Use Category Use TYPe

Table 3-403: Use Table

Limited lmpact Review /ír/t/ Maior tmpact Review ltl

Residential NonresidentialDistricts Districts

sEsINDUSTRIAL U

Zone Districts

Exempt from County Review and Standards

Resource Land Unless exemPted, all

ì ?.' aì ¡ì--r: ::'- ^'r: including use-specific: :,; Àtì: -= 'r ¡:q Standards.

uses must comPlY withArticle 7 Standards

GanRem Goul.lw Ln¡o Use lNo DEvELoPMENT CoDE 3-26

7.1002. GRAVEL OPERATION.

A'WaterQuantityandQuality|mpacts/Floodplainlmpacts.Every appf¡cåtronîàigi"uef extractiôn shall address the follo6ng:

1. No application shall be accepted by the county without a letter from the

applicable tire prätectìon distiict stating that the proposed project has been

adequately aerig;;iìã nãnole the stoiage of flammable or explosive solids

or gases anO tnåt the methods comply-with the national, State' and local

fire codes.

2.Nomaterialsorwastesshallbedepositeduponapropertyinsuchform.ormanner that tneyï;t ù transferred off the property by any reasonably

foreseeable natural causes or forces'

3.Whentheproposalisnearariverorstream,theApplicantisrequiredtosubmit an analys-is ny á protessional engineer showìng the boundaries of

tre rtoooplain ând tn-e Ftoodway in the area of the pit.

4.Allgravelextractionoperationsshallcomplywiththeapplicablestandardsof section g-gOï,-ËloåJpiáin Overlay Regúlations, and will be subject to

iection 4-109, Development in 1O0-Year Floodplain'

a. ln all cases, there shall be no storage of fuel or hazardous materials

including-cåncietelasphalt Batch Plants within the Floodway'

b.Allapplicationsshallprovideadewater/dischargeplanthatproviOes

-ã-ãét"it"O graphic representation. of how dewatering

operations ,n"tt o..uIr. This þlan shall demonstrate that the

discnargeïli not "*."ed

State siandards for discharge into a water

course or Wetland'

B' Air QualitY'NoapplicationshallbeapproveduntiltheApplicantsubmitsevidencethatusesshallhavecurrent cDpHE air pollution pàiritr and shall meet current CDPHE emissions standards

for air and water'

C. Noise/Vibration' -..^L rr-ar r,.a r¡al,,ma afGravelextractionoperationsshallbeconductedinamannersuchthatthevolumeofsound geÀerated does not .ãn.iitrt" a public nuisance or hazard. Gravel extraction

operations shail comprv wiÜr_tñäitãnoaroi set forth in c.R.S., Article 12, Title 25, except

ai such standards are modified as follows:

1. An Applicant shall submit a noise study that demonstrates the proposed

gravel operation can meet the requirem'ents in the matrix below based on

measuring tne sãuno levels of noise radiating from a property line at a

distanceotzsteetormorebeyondthes-ubiegt-property,except.asexcluded for ctnstruction activities per C'R.S' $ 25-12-103 ef seq'' that

allows uP to 80 db(A)'

2. The dB(A) threshold shown in Table 7-1002 shall be that of the receiver

and not that oithe emitter. For example, while. the gravel operation would

be considered an industrial operation, the dB(A) levels shown below are

measured "..oiåìngìðine

neiþnboring uses so that if a residential use was

located aojaceniiò'íhe operat',on, souid levels could not exceed 55 dB(A)

from 7.00 ".t.iä

7,OO p i't and 50 dB(A) from 7:01 p'm' to 6:59 a'm'

7-48

s0 dB{A)55 dBResidentialss dB(A)60dCommercial6s dB(A)70dlndustrial7s dB(A)

lndustrial 80

Table 7-1002: dB(A) Threshold per Neighboring Use

TpmtoTamTamtoTpmUse

3. Every use shall be so operated that.the..ground vibration inherently and

recuirerì1y tánerateo is Åot perceptible without instruments at any point of

any bounáiry line of the property on which the use is located'

D. Visual MitigationÃil applications for-gravel extraction shall address the following:

1. All gravel operations proposed to mine.areas greater than 30 acres shall

Oe Oeãrgiej in multiplã phases in order to minimize the visual impact of the

CravelÞ¡t prima¡ly by logical "sequencing" and "overall layout" of the pit's

design.

Screening, Berming and Buffering'

a. The operation shall be organized on the site to minimize impact on

adjacènt land uses and protect established neighborhood character

thiough installation of screen fences, berming, and/or landscape

materials, as well as by the location of access points, lighting, and

signage.

b. Visual screening shall be in place prior to the commencement of the

commercial minìng activity of each phase. Site preparation activity

such as ,"rouri of ovérburden shall be allowed prior to the

construction of the visual screening if material will be used for the

creation of the necessary screening'

unless otherwise determined by the Bocc, mining operations shall be

allowed to progress so long as t-he previous phases have been reclaimed

within 6 months after the commencement of the new phase. [ Ïgreclamation has not commenced in 6 months, or has not been completed

within 18 months, all mining operations on the property shall stop until the

reclamation/revegetation hãs occurred to the satisfaction of the County'

2

3

E. GountY Road SYstem1. All aPPlications shall submit a Traffic lmpact Study consistent with section

4-203.L.

2. Any required improvements shall either be in place prior to or shall be

coñstructed in conjunction with the proposed use'

3. Truck traffic will not access the mining operation through residential or

commercial areas, or such traffic will be mitigated'

4. Proposed haul routes from the extraction operation will be upgraded to

withstand the additional traffic, if determined by the Traffic Study or

recommenO"ã nV nã County Engineer, and the permittee will prevent road

damage "nO

ritig"te dust, únOei the supervision of the Road Supervisor'

5. lf a driveway access permit is required by the county Road and Bridge

Department, Rpplicani must comply with all permit conditions' The owner

or òperator of å'gravel extraction operation is responsible for any damage

7-49

caused by the operation's traffic to a county Road' Repair or replacement

of road rúrft"" will be determined by the Road Supervisor'

F. Gompatibility with Surrounding Land Us.9s'.

The proposeO operat'ion will be located ó ".

to mitigate cumulative impacts to roads' air'

and water qualitY

G. Revegetation.All revegetation efforts shall occur as part of phased reclamation' The Applicant shall

provide locations of county-listed noxious weeds on a map' once the inventory is

provided, the Applicant sfräll develop a Weed Management Plan that addresses all

County-listed noxious weeds found on site' This Weed Management Plan shall be

submitted to the countv veletation Manager for approval prior to the issuance of a Land

Use Change Permit

H. Reclamation.A, appricants shail submit a recramation pran that comp_ries with the standards of the

Colorado Division ol Reclamation, Mining and Safety (CRMS) and meets the following

design criteria:

1. The Reclamation Plan approved by the county as-part of the Land use

Cnanòá- pérrit rl.'"il be' iesubm¡ttêo to the DRMS to become the only

recta,iátion plan (tasks/timetables) used by both the County. and DRMS'

noOit¡änåfry,'á nonO shall need to be calculated to cover this plan and

secured witfr Onn¡S to cover its implementation'

Z. Weiland and Dryland Slopes. Wetland and Dryland Slopes are illustrated

in Figure 7-1002.

a. Wetland SloPe Areas:

(r) Forthe purpose of this section, wetland slope is defined as

3 feet above the shoreline and 3 feet below the shoreline.

(21 wetland Slopes shall be predominantly 5:1 or shallower,

withatteastg0%5:1and2oo/ol}.lorshallower.ThepercentageofWetlandSlopeiscalculatedalongthePerimeter of the reclaimed lakes'

(3) An alternate plan for the shoreline area which modifies the

standards "Ëou"

may be proposed by an Applicant to

accommodate sPecial needs for:

(a) Water-basedrecreationamenities;

(b)Reducingwildlifehabitatalongcertainsectionsofshoreline due to proximity to an airport; or

(c) Fishing embankments'

(4) Other special needs or uses that may be proposed by the

APPlicant.

(5) wetlands shall be included in the reclamation plan for all

shoreline areas'

b. Dryland SloPe Area'

(r)Forthepurposesofthissection,theDrylandslopeareaisdefined är ány area above a Wetland Slope in the post-mine

7-50

(2t

land use that will predominately be used for rangelandgrazing and wildlife habitat.

Dryland Slopes shall be predominantly 5:1 with at least 85%

of the Slopes 5:1 or shallower.

An alternate Slope plan for the Dryland area which modifies

the standards above may be proposed by an Applicant to

accommodate sPecial needs when:

(a) The existing terrain Slope is steep (greaterthan 5:1);

or(b) Where there is little or no available on-site backfill

material.

(3)

3

Figure 7-1002: Wetland and Dryland Slopes

Vegetation.

a. Wetland Criteria.

(1) All wetland slopes on a Reclamation Plan shall include

revegetation with appropriate species shown on a

LandscaPe Plan. The Plan shall:

(a) Show the reclaimed Wetland area to scale;

(b) ldentify the species and number of plantings;

(c) Provide for adequate irrigation, if required;

(d) Provide for adequate species diversity to enhancewildlife habitat; and

(e) Provide other site specific requirements as may be

identified.

(21 wetland seeding shall occur immediately prior to lake filling

using the following methods:

Up

I

Water

/1

Orhìflsl Grdnd

Replaæd

Slope

Depsndnq onGround Wetêr

Pll Flmr

Roqulred Unùl10 V€døl Fôel

2H:tVIl

Slopå --

Lenglh Vårlss Depondlng OnBôlowWst€r Lsvel S¡lê Condlllong

Above We[ând SlopeTrds Planbd Jßl

Sapllngs

General Cross SectlonReclaimed P¡t Lake Areas

L€vêl)

33',

7-5L

(a) Seeding shall be done by drilling of by hydro-

seeding methods' Broadcast seeding is not

permitted;

(b)RevegetationofWetlandsshallalsoincludeplantingof trees, willows and/or shrubs; and

(c) Existing trees may be included in the plan if they are\-' l,*:ll:t

of & feet in heisht and 2 inches in

b.DrylandCriteria.AllDrylandareasonaReclamationPlanshallincluderevegetation*¡tnappropriateDrylandplant,speciesinctuOing á rl*tur" of grasseà,'foibs, and shrubs, based on the

written ,ä"or."ndation of a qualified professional.

4. Reclamation with multiple ponds or lakes shall provide .islands or

peninsulas thai make up at leåst 2'o/o oftotal lake surface in order to break

up the surfaðe and provide undulation of shorelines in a natural-like

appearance.

S.Totheextentpermittedbylaw,unlessalldisturbancecreatedbytheminingoperation ¡r àåu"tèo by ireclamation bond under jurisdiction of the DRMS'

or by the reoeral gouärn."nt on federally-owned.lands, a bond or other

acceptable financiãl performance guag1tée-shall be submitted in favor of

the County in ãn "rbunt

of at teaãt t 5oo/o oÍ the cost of restoration of the

site and access roads. The required amount of such financial performance

guarantees r"V Oã iñ.reased at the discretion of the BOCC to account for

inflation. A bid for site restoration acceptable to the permittee and.the

County snaif Oé submitted to the Community Development Department as

evidenceofthecostofreclamationforbondsettingpurposes'

Enforcement.1. The county shall not issue a Land use change Permit until all required

local, state, ãnd Federal permits have been obtained and submitted to

Garfield CJrniv including, but not limited to, the municipal watershed

permit, CDPHÈ: USÁCg ,i.lPDES, Division of Water Resources (approved

well permits and plan for augmentation)' etc'

2. The operator acknowledges that the county has performance standards

in place that could lead to revocation of thé Land Use Change Permit if

continuedviolationsofthepermitoccuroveraperiodoftime'3. The county can request a site inspection with 1-day notice !o Jhe operator'

The owner oi Op"tätor must gt"nt futt access to any part of the site will be

granted. On ,ãärest, all papérwork must be shown. The County cannot

request " iätg" ;ut'O"t bt inspections that would interfere with normal

oPeration without cause'

4. Prior to contacting the appropriate agency, the -county

commits to notifying

the operator of any compliance conãern identified during a site inspection.

S.Anypersonatanytimecancallanypermittingagencydirectlyandrequestan inspection if they believe , .oñOit¡on of that agency's permit is being

violated.

6. To ensure that certain conditions of a permit are complied with, the BOCC

may requirà ã tinancial performance guarantee in addition to that required

7-52

7

by the DRMS. The required amount of such financial performancegúarantees may be increased at the discretion of the BOCC to account forfnflation. The County will not require financial guarantees that are

duplicative of that required by the DRMS.

The County will be invited to any bond release inspection of the DRMS'

The County inspectorwill have the opportunity to demonstrate that any item

of the permit has not been complied with and that bond should not be

released.

'rl (tlft\o it, ]i, l,¡jlilli lrrr¡ ':l: /';I f ir

All Mining Operations are subject to l04l Regulations as described in Article 14 of this Code'

7-53

DEFINITIONS APPLICABLE TO GARFIELD COUNTY MINING/GRAVEL REGULATIONS TO BE ADDED OR REMOVED FROM ARTICLE 15 OF THE LUDC Affected land. The surface of an area within the County where a mining operation is being or will be conducted, which surface is disturbed as a result of such operation. Affected lands include but shall not be limited to private ways and roads, and railroad lines appurtenant to any such area; land excavations; prospecting sites; drill sites or workings; refuse banks or spoil piles; evaporation or settling ponds; leaching dumps; placer areas; tailings ponds or dumps; work, parking, storage or waste discharge areas; and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from or are used in such operations are situated. Cave. Any naturally occurring void, cavity, recess, or system of interconnected passages beneath the surface of the earth or within a cliff or ledge, including any cave resource therein, and which is large enough to permit a person to enter, whether the entrance is excavated or naturally formed. Such term shall include any natural pit, sinkhole, or other feature that is an extension of a cave entrance or which is an integral part of the cave. Cave resource. Any material or substance occurring in caves, including, but not limited to, biotic, mineralogic, paleontological, geologic, hydrologic, or cultural resources. Exploration. The act of searching for or investigating a construction materials deposit. "Exploration" includes, but is not limited to, sinking shafts, tunneling, drilling core and bore holes, and digging pits, cuts, or other works for the purpose of extracting samples prior to the commencement of development or extraction, and the building of roads, access ways, and other facilities related to such work. "Exploration" does not include: a. An activity that causes very little or no surface disturbance, such as airborne

surveys and photographs, the use of instruments or devices that are hand-carried or otherwise transported over the surface to make magnetic, radioactive, or other tests and measurements, boundary or claim surveying, location work, or other work that causes no greater land disturbance than is caused by ordinary lawful use of the land by persons not involved in exploration activities; or

b. Any single activity that results in the disturbance of a single block of land totaling one thousand six hundred square feet or less of the land's surface, not to exceed two such disturbances per acre; except that the cumulative total of such disturbances may not exceed five acres statewide in any exploration operation extending over twenty-four consecutive months.

Extraction. To draw out or forth; hence to derive as if by drawing out; removal of physical matter

in a solid or liquid state from its naturally occurring location; the initial step in utilization of a natural

resource. Examples include shale and coal mines, gravel pits, and timber cutting.

Geologic hazard. A geologic phenomenon which is adverse to past, current, or foreseeable construction or land and which constitutes a hazard to public health and safety or property if not avoided. The term includes but is not limited to:

a. Avalanches, landslides, rock falls, mudflows, and unstable or potentially unstable slopes;

b. Seismic effects; c. Radioactivity; d. Areas of ground subsidence; and e. Expansive rocks or soils.

Geothermal resource. The natural heat of the earth and includes:

DEFINITIONS APPLICABLE TO GARFIELD COUNTY MINING/GRAVEL REGULATIONS TO BE ADDED OR REMOVED FROM ARTICLE 15 OF THE LUDC Page 2

a. The energy that may be extracted from that natural heat; b. The material medium used to extract the energy from a geothermal resource;

and c. Geothermal by-products. Gravel Operation. The mechanical removal without drilling or blasting and without other high impact technology, of loose rock material, including rock, clay, silt, sand, or gravel from its natural location for use in the production of non-metallic construction products. Gravel operations are typically located along existing riverbeds or alluvial deposits. Gravel operations are regulated pursuant to Article 3 and Article 7, section 7-1002 of this Code. The term gravel operation does not include a Mining Operation. Gravel Pit. See “Extraction.” Karst. A landform developed in soluble rock types such as limestone or gypsum. Typical features and characteristics may include but are not limited to: few surface streams where most of the drainage is underground, sinking streams, dolines (sinkholes), resurgences, and caves. Mineral. An inanimate constituent of the earth, in solid, liquid, or gaseous state, which, when extracted from the earth, is usable in its natural form or is capable of conversion into usable form as a metal, a metallic compound, a chemical, an energy source, a raw material for manufacturing, or a construction material. “Mineral” does not include surface or groundwater subject to appropriation for domestic agricultural, or industrial purposes; or geothermal resources. Mining. See “Extraction.” Mining Operation. The development or extraction of a mineral from its natural occurrences on affected land using blasting, drilling and/or high impact technology. The term includes, but is not limited to, open mining, in situ mining, surface operations, and underground mining. The term also includes the following operations on affected lands: transportation; concentrating; milling; evaporation; and other processing. The term does not include: the exploration, development and extraction of oil and gas; the extraction of geothermal resources; or gravel operations subject to regulation under Article 3 and Article 7, section 7-1002 of this Code. Mining Operations are regulated pursuant to Article 14 of this Code. Mine unit. A component of a Mining Operation including but not limited to processing, leaching excavation, open pit, storage, stockpile or waste units.

Mineral resource area. An area designated on the official County Mineral Resource Area Map pursuant to Article 14 of this Code and in which minerals are located in sufficient concentration in veins, deposits bodies, beds, seams, fields, pools, or otherwise as to be capable of economic recovery. “Mineral resource area” includes but is not limited to an area in which there has been significant mining activity in the past, there is significant mining activity in the present, mining development is planned or in progress, or mineral rights are held by mineral patent or valid mining claim with the intention of mining. Modification. Any change to an existing land use that alters the nature, character, intensity or extent of the use.

DEFINITIONS APPLICABLE TO GARFIELD COUNTY MINING/GRAVEL REGULATIONS TO BE ADDED OR REMOVED FROM ARTICLE 15 OF THE LUDC Page 3

Tailings. Finely crushed and ground rock residue and associated fluid discharged from an ore milling, flotation beneficiation and concentrating process. Unstable or potentially unstable slope. An area susceptible to a landslide, a mudflow, a rock fall, or accelerated creep of slope-forming materials. Wildfire hazard means. A wildfire phenomenon which is adverse to past, current, or foreseeable construction or land use constituting a significant hazard to public health and safety or to property. The term includes but is not limited to: a. Slope aspect; b. Wildfire behavior characteristics; and c. Existing vegetation type.

STUART S. MCANTNUNTowr.¡ MÄ.r.¡lcgn

EHUTEf.esye*t Tøntrrîx4rrtk" l'rt& lnwoilø'ticn Þiveøitr7

222 Gn¡ruo VnllEv Wav' PARAcHUTE, CO 81635 ' (970) 285-7630¿it¡*lr rû

April23,2O20

Mr. Patrick waller, AlcP

Senior PlannerGarfield CountyCommunity Development Department

108 8th Street, Suite 401-

Glenwood Springs, CO 81601

SUBJECT: RESPONSE TO GARFIELD COUNTY PROPOSED TO4L REGULATIONS CHANGES

REFERRAL

Dear Mr. Waller:

Follows is an additional response to your referral request regarding Garfield County's proposed

changes to your land use regulations Article L4.

SUMMARY OF IMPACTS:

The proposed amendments directly associated with the mining operations don't appear to have

negative impacts on the Town, however, the amendments to the general submittal

requirements will potentially impact the Town's ability to expand various public service systems

outside of the Town boundaries. All in all, there appears to be both direct and indirect ¡mpacts

to the Town.

Direct tmpact: These regulations may impact any number of projects the Town wishes to

completein conjunctionwiththeTown'swater,sewer,ortransitsystem'Whiletherequirement

to go through the 1041 Permit process was in place prior, the revisions made specifically to Sec.

L4-4OL. Description of Submittal Requirements could cost much more for the Town to prepare

such application; however, waivers may be requested for submittal requirements'

tndirect tmpact; lf there are gravel mining activities desired within the Town's growth management

area, there may be an increase in annexation requests to curtail these additional requirements

the county has put in place. While the uses are currently limited to industrial or agriculturally

zoned properties and requires special review, some operators may find this more beneficial than

going through a ted¡ous county process. (See excerptfrom 75.02.230-Schedule of usesbelow,l

Sincerely yours,

WJflfLStuart S. McArthur

Town Manager

SSMc

s sSatva¡c opcrations

s sSand and gravcl,

stonc, and mincrat

cxtraction and

proccssin¡ {scc PMC

1 s.07.34s)

5 5 sSand and gravel,

stone, mineral -

êxtràction and

proccssing - cxctuding

asphalt production

(sec PMC 15.Ð7.3451

Land Use RA LDR MDR HDR OTC NC HT SC LI GI P

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eff lenwood@ il - garfield county, colorado€¦ · from: sent: to: lenwood ma¡l.com sara sims ...

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