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

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III. PROJECT DESCRIPTION On Monday, January 31, 2011 eleven calendar days after the hearing by the Joint City County Planning Commission, Deborah Caswell an adjacent landowner made an official written request to "call up" project # 2010-0055, Animas Glacier Gravel Pit Class II to be heard by the Board of County Commissioners in accordance to the Amended and Restated Intergovernmental Agreement Regarding Joint Land Use Planning Between The City of Durango, Colorado and La Plata County, Colorado (the "Joint Planning IGA" ). The IGA section 5.4 states: Call-Up By Applicant Board of County Commissioners and City. Actions by the Joint Planning Commission are subject to a "call-up" hearing before the Board of County Commissioners. The "call-up" period shall be the twenty (20) calendar-day period following action by the Joint Planning Commission. During the "call-up" period, the Applicant, an Eligible Citizen, the City, and/or the Board of County Commissioners may request a review of the Joint Planning Commission's action by submitting a written request to the County Director of Community Development. An Eligible Citizen is one was entitled to receive notice of the Development Application pursuant to applicable regulations. For purposes of a City and/or County "call-up," a "call up" may be initiated by a quorum of the appropriate governmental entity or by any individual member thereof. If called up, the Joint Planning Commission's action shall be reviewed at the next Board of County Commissioners meeting for which appropriate notice can be given. At the "call-up" hearing, the Board of County Commissioners shall conduct a De Novo review of the Development Application and may either continue the project, approve the project, conditionally approve the project, deny the project or remand the project to the Joint Planning' Commission for further consideration. Mrs. Caswell called up the project specific to the following points: ¦ Safety: residents exiting and entering their driveways with this high volume of trucks that are proposed ¦ Safety: Bike riders,; motorcyclists, and pedestrians. (when going in both directions currently it is not safe with cars coming in both directions let alone trucks ¦ Road structure: Incapable of surviving the heavy use by loaded trucks with the current asphalt and sub-base. It is already showing signs of weakening with the current volume using it. ¦ Odors/Dust: Self mitigation does not seem to be the responsible answer to citizens concerns. Lag time, by the time the tribal mitigation/tracking is worked out seems evasive to the issue at hand at best. ¦ Water: Removing this much water just north of the SUIT Reservation where they have fishing and their own water rights. This seems like a hardship for those south of this removal of such hi quantities. ¦ No-one ever explained the water rights process for the removal of this amount from the Animas River. Has the Southern Ute Indian Tribe been notified that this is being considered? Project No. 2010-0055 Animas Glacier Gravel Class II Page 2 of 21 EA/TH ? eerrinuche Construction Authority P.O. Box AA - Towaoc, CO 81334 ,I MIMAa !eCACtE.2- Ic-, ¢06Vj6C- EYLA kVrr M - PA&E M- At