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Regular Board of County Commissioners Meeting - Grand County, Colorado <br />May 19, 2009 <br />Page 12 of lg <br />During the Planning Commission meeting the main topic of discussion was in regards to the presence of greater <br />sage grouse. An additional condition was added at the Planning Commission meeting: <br />• Prior to the Board of County Commissioners meeting that Grand County work with the Division of <br />Wildlife regarding the sage grouse lek and the pit hours of operation. <br />The Colorado Division of Wildlife (CDOW) has provided an additional letter, dated April 27, 2009, amending <br />the start time from 10:00 a.m. to 9:45 a.m. CDOW also affirmed that there is a secondary or alternate lek <br />nearby and they are requesting the hours of operation to begin at 9:45 a.m. from March 15th through May l5th <br />The Division would like this restriction due to the possibility that noise from the operation could be detrimental <br />to the success of the sage grouse breeding. <br />Staff has had a conversation with Mike Crosby of the CDOW regarding the restricted hours. He stated that 9:45 <br />a.m. or 9:30 a.m. would be the ideal start time however, if the County was willing to compromise with an 8:30 <br />a.m. or 9:00 a.m. start time it would be better than 7:00 a.m. <br />The Grand County Road and Bridge Department (GCR&B) also submitted an additional letter, dated May 5, <br />2009, affirming their stance on the hours of operation beginning at 7:00 a.m. due to the necessity of maintaining <br />and graveling County Roads in a timely and cost efficient manner. Also noted in the letter, is the location of <br />County Road 3 which is 1000' from the proposed pit and an existing adjacent gravel pit that can operate from <br />7:00 a.m. to 7:00 p.m. <br />As stated previously, Staff supports the standard operating hours for gravel pits, 7:00 a.m. to 7:00 pm. <br />However, due to the fact that the CDOW and GCR&B agree to disagree on an amended start time during the <br />sage grouse breeding season, Staff is seeking direction from the Board of County Commissioners on an <br />appropriate time to begin operations during the breeding season. <br />The Planning Commission also mentioned the neighboring property owners Pat and Kathleen Shaw in regards <br />to visual mitigation. It was suggested that the County work with the Shaws to provide adequate mitigation such <br />as a berm or vegetation that would be agreeable to both parties. <br />STAFF COMMENTS <br />Currently GCR&B has a verbal a reement with the CDOW not to start operations at the 340 pit until 9:30 a.m. <br />from March 15th through May 15t because of the primary lek located at this pit. The CDOW is now requesting <br />even more restrictive hours, 9:45 a.m., on a secondary lek located at the proposed CR 3 pit. <br />Staff would like to note that had the County not purchased this property, any owner of the property could as a <br />use by right, place up to three (3) homes on thirty-five (35) acres. Therefore, up to six (6) single-family homes <br />could be placed on the 92.38 acres. There is no process other than a building permit for these uses by right. <br />Other uses by right that could occur on the property with no review include: schools, hospitals, clinics, lodges, <br />resort cabins, commercial feed yards, fur farms and kennels. <br />This site will also include a facility for the maintenance of equipment. ?The hours for this maintenance facility <br />are exempt from the restricted hours of the pit operation. <br />Certified notification of the public meeting has been sent out to all property owners within five hundred feet <br />(500') of the subject property and the Colorado Division of Wildlife for this requested Special Use Permit. <br />Courtesy notification has been sent to all interested parties. Public notice was published in the April 30, 2009, <br />issue of the Middle Park Times. <br />STAFF RECOMMENDATION <br />Staff recommends approval of the County Road #3 Gravel Pit Special Use Permit, with the following <br />conditions: <br />Prior to the issuance of any Special Use Permit: <br />1. A Regular State Operations 112 Permit shall be provided. <br />2. A Mined Land Reclamation Board permit shall be provided. <br />3. A Stormwater Management Permit from the State Department of Health and Environment shall be <br />provided.