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would then need a reclamation permit from the MLRB and a Storm Water Management <br />Certificate and a Storm Water Management Plan. They're going to prepare the application for <br />the State, put it on notice, make it public record, and annually pay their fees. They would be <br />inspected twice a year and they're open to the State Health Department 24 -7, noting they're <br />serious about the reclamation. Another State permit is the Air Pollution Emissions Notice, which <br />puts the State of Colorado on notice at those coordinates in the State of Colorado. They're <br />going to produce some emissions so they would apply for that and adhere to the regulations <br />that go with it. He contacted Mr. Rich Rhodes from the Soil Conservation Service, and informed <br />him they wouldn't be able to excavate the entire thing. It would literally be done in spots with <br />the biggest being six -foot by six -foot which is huge, and two foot in diameter. They're going to <br />rake them out or loosen them up somehow. They were given a special seed mix to use at this <br />location, noting they're in the shade of the forest. Mr. Gagliano stated it's not a gravel pit, noting <br />there's no sand and gravel coming out of the operation. There won't be any processing, <br />screening, or crushing, and the only noise they would hear is the excavator. They're going to <br />seed it by hand and pray for rain and snow, noting it should come up good because the area <br />gets a lot of snow. They won't get released by the State until they meet those requirements. <br />That's what they do on the surface and post mining is residential so it would be reclaimed to that <br />use. Along with that, they have to post a couple of warranties, one being a personal <br />performance warranty, which means they're signing a piece of paper stating by signing it they <br />would do what's indicated. It's not enough because sometimes people back out of those <br />contracts. Mr. Barickman has to figure out what it costs to reclaim the property and then the <br />State would review it and make their determination. They would then ask Mr. Barickman to post <br />a dollar amount they come up with so if he goes away they have the money to reclaim it. It's <br />called a financial warranty and it's reviewed every three years. <br />Mr. Gagliano stated the haul route they initially decided on went south from the gate of the <br />property. Mr. Barickman owns 217 acres and they're asking for 61 acres for the special use <br />permit. They're asking for less than ten acres to be rock picked and the rest would be put in as <br />roads. That's part of their disturbance and affected land means if they drive over it, it's affected. <br />If they drive over it and make tracks, they have to reclaim it and that is why they go with the <br />extra roads so they can bond for them. If they're found to be in noncompliance, the fines run <br />from $1,000 to $5,000 per day to a maximum of 365 days. To continue with the haul route, after <br />going south they were going to go down Zorn Road but ran into some problems. They met with <br />the Department of Public Works and worked out a different plan. They're going through the Rye <br />Mountain Park for about 2,000 feet and a little over one - quarter of a mile. The road is used by <br />every commercial truck from port-a -johns and trash trucks, noting it's a County maintained road. <br />There's one bridge they have to cross, noting it's not posted, meaning it's up -to -date and safe. <br />The Department of Public Works stated they wouldn't have any trouble getting a semi -load over <br />it. His client has agreed to three loads per day a maximum of five days a week, Monday <br />through Friday, with no weekend work. The County would like to see the hours of operation <br />from 7:00 a.m. to 5:00 p.m., and they agreed with that. They had a problem with the semi - <br />trucks, noting they stated they would limit it to five semi -loads per week. It could be one or two <br />a day unless they get a hot streak and need more material hauled out of there. They would use <br />a Ford F350 to haul the material. If they're hauling a semi, they won't use the Ford F350, but <br />they need at least two or three semis a week hauling the material out of there. If they calculate <br />the tonnage of rock at three loads a day, it would take five to seven years and that is why <br />they're asking for five to seven years in the special use permit. There would be no overloaded <br />trucks, noting they would all be legal Toads. Mr. Barickman can control that by contracting and <br />making sure that nobody leaves there with an overweight or oversized load. He provided staff <br />with dimensions of semi - trailers and some pictures. Mr. Barickman knows how many rocks to <br />put on a load before it's overloaded. He talked to the Colorado Department of Transportation <br />3 <br />SPECIAL USE PERMIT APPEAL NO. 2011 -002 <br />STAFF REVIEW 11 -30 -2011 <br />-DRAFT MINUTES- <br />PCPC <br />EXHIBIT NO. <br />3 cont' <br />11 -15 -2011 <br />