2008-11-07_PERMIT FILE - M1983102

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Thompson Gravel Pit SUP Amendments Certificate of Recommendation Board of County Commissioners November 10, 2008 " DISCUSSION Thompson Properties (the "Permittee"), represented by Gary Thompson, Larry Thompson and Ted Pratt, have requested to renew their Special Use Permit. Horn Ranches transferred the mining permit on this property to Thompson Properties in 1992. This transfer was approved by Resolution 1992-6-4 and the original area of the gravel pit was 8.2 acres. It was expanded in 1996 to 50.5 acres, and the Permittee converted the State 110 Limited Impact Permit to the 112 Regular Operation Permit. The Permittee then amended the permit in December of 2006 to include a 19.12 acre area creating a 69.6 acre permit area. The permit was renewed during the November 26, 2007 Board of County Commissioners meeting for one (1) year. On January 8, 2008, the permit was amended to include the following uses: 1. Inclusion of Construction Businesses, Heavy Equipment Storage Areas and Earth Moving Businesses with the condition that no storage of heavy equipment shall take place on either Tracts 5 or 6, Great Divide Head Lettuce Colony. 2. The hours of operation were amended to lam - 7pm Monday through Saturday. Permittee is required to construct a 5'11" staggered privacy fence made of cedar wood prior to any mining taking place on Tracts 5 or 6. The fence shall be constructed ten (10) feet from the eastern and northern property lines of Tracts 5 and 6. No mining or reclamation is allowed within two hundred and ten feet (210') of the northern and eastern property boundaries of Tracts 5 and 6. These uses were added to the existing uses which allow: 1. Three (3) rock crushers and one (1) screening plant 2. One (1) wash plant 3. One (1) asphalt plant 4. One (1) concrete batch plant At this time, no mining is taking place yet in Tracts 5 or 6, so the required fence has not yet been constructed. Further, Staff has not received any written complaints since the amendment in January_ -- - During the previous hearings, water rights were raised as an issue. The permit was revised to require "proof of adequate water" to address these concerns. Currently State of Colorado District Court, Water Division No. 5, Case No. 07CW217 is in process. The Applicant has changed water attorneys and an Amended Application was filed via LexisNexis File & Serve on October 31, 2008. As determined during the 2007 renewal and the 2008 amendment, the current use of the water is not in violation of any water laws. COMPLIANCE WITH GRAND COUNTY MASTER PLAN An important consideration with respect to the proposed use is environmental quality. This was an important consideration during the previous amendment. As required, the Permittee has obtained three (3) Colorado Department of Public Health and Environment (CDPHE) emission permit's for each of their crushers. Air Pollution Emissions Permit (APEN) permits for the concrete batch plant have also been provided to the Planning Department as required.