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

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from the mining limits to the property line will be at least 75 feet, but are expected to reach 125 feet in the area where excavation is to occur. This setback will increase on the east side of the project area as the excavation moves south. Setbacks on the west side of the property will be a minimum of 50 feet in locations, but will be much more significant for the majority of the mining gravel pit boundary. The applicant does not propose to plant deciduous trees or shrubs for mitigation. In addition, many of the surrounding parcels in the immediate vicinity to the project site sit below a ridge to the east of the project and activities will not be visible to the surrounding residential properties. It is possible that the project activities may be visible across the Animas River Valley along Highway 550; however, the highway is approximately a mile away and project activities will be visible on a smaller scale. Other Permits Required (LPLUC 82-1(b)) The applicant will need to obtain a permit from Colorado Division of Reclamation, Mining, and Safety (CDRMS) to mine construction materials from the property. Additionally,' the Colorado Water Quality Control Division (WQCD) requires a "Sand and Gravel Process Water and Stormwter Permit". Granting of a county land use permit for a specific development shall not exempt the development from compliance with any and all applicable state or federal statutory or regulatory requirements, including the issuance of any required state or federal permits. Permits from other regulatory bodies may be required, including, but not limited to: stormwater, air quality, and water wells. IV. ISSUES Joint Plannine Under the "Amended and Restated Intergovernmental Agreement Regarding Joint Land Use Planning Between The City of Durango, Colorado, and La Plata County, Colorado" QGA), this project is subject to the joint planning process. The Joint Planning Commission (JPC) reviews applications in the Joint Planning Area and can continue, approve, deny, or conditionally approve the project. JPC decisions are subject to a"call-up" hearing before the Board of County Commissioners. Within 20 calendar days following JPC action, the Applicant, an eligible citizen (owning property within 500' of the subject property), the City, or the BOCC may submit a written request to the County Planning Director for the BOCC to hold a "call-up" hearing for the project. If called up, the JPC's action is reviewed de novo at the next properly noticed BOCC meeting. The BOCC can approve, conditionally approve, or deny the project, or remand the project for further JPC consideration. This property is located in Tier 3 on the Joint Planning Area Map. Tier 3 development applications are processed through the County land use permitting process. They are required to meet the following specific City Development Standards: parking, signage, landscaping, lighting, right-of-way dedication, and the adopted City Building Code and the Commercial Use Design Guidelines. They are also required to meet all County Development Standards that do not conflict with these City standards (where a conflict exists, the stricter standard governs). Under the IGA for Tier 3 properties, the "applicable land use plans... include the City's Comprehensive Plan and Area Plans... and Florida Mesa District plan for the areas south of the River Road Bridge and west of the Animas River until such time as a new La Posta Road Area Plan is adopted." The City of Durango Planning staff has reviewed the project and has not expressed any issues with the submittal regarding compliance with the aforementioned performance standards. As the City of Project No. 2010-0055 Animas Glacier Gravel Class II Page 5 of 21 EA/TH n:inuche Construction Authori f?)ve 4. Ci. Box AA - IL ovoacc, CO 813:r? ?1.NtMAS 6?GtQ- 6RpVE?- E1F-lh cP? tT M - C??E M ' 7