2011-05-12_PERMIT FILE - M2011028 (3)

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She noted that the County has very little code regarding dust mitigation. But, she said, to say there was no regulation or law in force would be inaccurate. In response to Commissioner Hotter's question of how the Commissioners could be assured in the future that someone would enforce the law, Ms. Rogers replied that she thought it would be the Tribe's responsibility. (Activated at 01:21:26) In response to Commissioner Lieb's question regarding to the Conditions listed in the staff report for dust control Ms. Rogers explained that an applicant had to satisfy the State and the Tribe for their air quality program and the County as to the compatibility. But should the State or the Tribe not do so, the County has listed Condition #23 which states, "the dust will be controlled." In that way, the County can hold the applicant accountable. (Activated at 01:25:18) Jerry Zink, owner of Stone Age Inc., in the Animas Airpark, said he felt this gravel pit was an appropriate use of the land and that his company is not bothered by dust. He said that he hopes there is community and industrial development in the region and that perhaps the gravel pit could create a secondary access road to be used by the Airpark. He suggested that the Commissioners include that as a Condition for approval of the permit. (Activated at 01:26:41) Steve Osborne said that he lives near the Airpark and that, while he has concerns about the dust and noise, he also agrees with Mr. Zink. He said that he spoke with Mr. Hall and appreciated his cooperation. Mr. Osborne said that he proposed a route through the "Wheeler" property and which would eliminate trucks driving in front of homes in the neighborhood. Mir. Osborne said that he had yet other options for consideration that could eliminate the tight curves and lanes that the first proposed route would have. He said that Mr. Hall had indicated their company's openness to working with the neighbors. Mr. Osborne said that without a secondary access the land owners in the Airpark cannot develop their property. He said he had spoken with Ms. Isgar and regarding her concern for who would maintain the road and pay for the insurance. He thought the business owners could provide the insurance, as that would also serve to lower their insurance rates. (Activated at 01:30:42) Commissioner White said that, according to his calculations, 242 round trips per day would equate to the passing of one truck per minute in an eight-hour day. He said that if there was a secondary access that would help, but wouldn't lessen the traffic on the main access. Mr. Osborne said that the secondary access could become the main access. It would also help to bring another water line up the hill. He said that the gravel pit had to put funds towards road improvements to CR 213 and that perhaps this could be put towards a second access. (Activated at 01:39:05) Shirley Isgar said that they commissioned the drafting of a 30-year plan that took into consideration the future use and development of their land. She said that the 242 trips per day were calculated to be the maximum number of trips during the season of their "top demand" and that she didn't believe there would be "a truck a minute." She pointed out that the region is a prime spot for gravel pits. She said she thought that ultimately there would be a need for a northern and southern route, but asked that it not be a La Plata Board of County Commissioners Page 8 311/2011 p.n B p "(MAS 6LAC-(E9-&eCN 6- M - PAS M - 25 &Atp