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one machine with rubber tires and no blasting or drilling. There's some heavy vegetation up <br />there that would help to mitigate the noise and hoped the applicant would speak and <br />communicate with Mr. Johnson, who seems to have the closest residence, to be sure his <br />concerns are addressed. His other concern that was mitigated is the traffic and the haul road. <br />In his experience with the Department of Public Works, if they pass the test and get their <br />approval, they've gone a long way. They're a credible Department and do a good job in the <br />review process, noting the haul road is going to be four - tenths of a mile so it's going by <br />numerous properties. They've agreed to mitigate their traffic schedule to Monday through <br />Friday to minimize the impacts to the Rye Mountain Park. Mr. Leverington stated they use four <br />criteria to evaluate their requests. The extraction and processing is an authorized use -by- <br />review and, in this case, they're just picking rocks. It's more passive rather than active blasting, <br />drilling, and excavation, noting they clearly meet criteria number one. The second criteria <br />questions how this isn't in the spirit of the Title 17, Land Use. If he was going to have livestock <br />operations on the land one would expect trucks, noise, or even grain or fertilizer sales. He <br />doesn't understand how passively collecting rocks isn't in the spirit of the Title 17, Land Use. <br />For the third criteria, it's a use -by- review so it's authorized by the Code. The fourth criteria he <br />doesn't believe imposes a public health concern. The Department of Public Works is lead by <br />professional engineers, and as a professional engineer himself, he understands the primary <br />purpose of their code of ethics is the public welfare. He doesn't believe the Department of <br />Public Works would make a recommendation that would be in the worst interest of public health <br />and safety. Mr. Leyba stated he agrees, but they have citizens that are concerned about their <br />property, their livelihood, where they live, and the environment, some for over 60 years. The <br />noise and potential safety issues that were presented are a big concern. The community has <br />the right to voice their opinion and they did so tonight. It should be taken into consideration in <br />their determination in terms of the opinions of their Building Department and Planning <br />Department that they do matter and that one Department isn't better than the other. Mr. <br />Barickman also has a right because he owns the property and his free will may be limited. Ms. <br />Archuletta stated one of her concerns happens to be the people that live there. She heard her <br />colleagues say how it won't have an impact or the impact wasn't that great and she disagrees. <br />They heard statements that the project is a long -term project. Can they imagine looking out <br />their window and seeing trucks two doors down for the next ten years? It does have an impact <br />on the people living there and it has an impact on the roads and the people who enjoy the park. <br />If the project was going to take a year she would say great. She empathizes with Mr. <br />Barickman wanting to build a home there, but has a problem with the idea of it being a <br />commercial project. It's commercial because he's selling the rock, which is obviously the best <br />use for the material. She has a problem with the impact it's going to have on the surrounding <br />community for the next ten or more years. Ms. Woods asked Ms. Archuletta if she was <br />concerned about the harmonious environment to the surrounding properties, as well as <br />concerns about the public health, safety, and welfare, and Ms. Archuletta replied yes. <br />Acting Chair Ozzello asked Mr. Clark to restate his motion so everybody understood it. Mr. <br />Clark moved to approve Special Use Permit No. 2011 -009 with the language that it would be on <br />a 61.2 acre parcel of land; however, the reclamation would be carried out in one stage only, not <br />to exceed 9.9 acres. Mr. Raso asked Mr. Clark if it was the reclamation or the rock removal. <br />Mr. Clark replied they called it mining, rock picking, and reclamation. The mining, rock picking, <br />and reclamation would be done in one stage and one stage only not to exceed 9.9 acres in size. <br />Mr. Griego stated he would like to see Mr. Barickman work something out with Mr. Johnson on <br />the equipment and storage area, noting he wouldn't enjoy seeing that from his front door either. <br />Mr. Clark stated he didn't make it apart of his motion but believed Mr. Barickman, as a good <br />neighbor, would reach out to his neighbor. It wasn't necessary to make it a part of the motion <br />SPECIAL USE PERMIT APPEAL NO. 2011 -002 <br />STAFF REVIEW 11 -30 -2011 <br />-DRAFT MINUTES- <br />13 <br />PCPC <br />EXHIBIT NO. <br />3 cont' <br />11 -15 -2011 <br />