Loading...
Southridge Sub Gravel MiningCERTIFICATE OF ZONING COMPLIANCE REPORT DATE: April 5, 2011 E IMAM-, TO: Idaho Sand & Gravel IDAHO FROM: Sonya Watters, Associate City Planner SUBJECT: Southridge Subdivision Gravel Mining — CZC-11-007 OWNER: Corey Barton Homes, Inc. DESCRIPTION OF APPLICANT'S REQUEST The applicant, Idaho Sand & Gravel, requests Certificate of Zoning Compliance (CZC) approval for construction sand and gravel mining on approximately 76 acres of land in the R-2, R-4, and R-8 zoning districts in a future development area of Southridge Subdivision. The proposed mining operation will consist of mass grading of the site resulting in excess material that will be exported off-site for use as gravel and structural fill for State and Local road agency projects in the project vicinity. The site is located on the south side of W. Overland Road and the west side of the Ridenbaugh Canal, east of S. Ten Mile Road within future development areas of Southridge Subdivision (Parcels S 1222344502 & S1223131350). DECISION The applicant's request for CZC is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. As part of the application submittal, you will need to provide two sets of the final, stamped "approved" Planning Department plans. You must provide these plans in PDF format and hardcopy as specified in the Building Services "Plan Intake Checklist" and include them with your building submittal set. Please contact Building Services for additional details about building permits and inspections. Site Specific Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 2. No material shall be removed from the 75 -foot wide Williams Pipeline easement. Further, heavy equipment shall not cross the pipeline or pipeline easement during the mining of the property. The finished slope adjacent to the easement shall not exceed 3:1 (33%). 3. The extraction area shall be watered daily as often as necessary to reduce dust impacts to surrounding properties. Haul roads shall have a durable and dust free surface and shall be graded to drain all surface water away from the haul roads and shall be confined to the subject site. 4. The work hours for mass grading, gravel extraction, rock crushing, loading and hauling shall be limited to non -holiday weekdays (Monday thru Friday) between the hours of 8:00 a.m. and 5:00 p.m. Extended hours of operation solely for the removal of material from the site was approved by the Commission on non -holiday weekdays (Monday thru Friday) between the hours of 6 am and 6 pm. Conditions Document 1 Southridge Subdivision Gravel Mining CZC-11-007 , 5. The reclamation/re-vegetation plan for each phase shall be implemented as soon as the subject area is depleted of resources or when the allowed time has ended, whichever occurs first. 6. Prior to operation of rock crushing equipment on the site, a letter or approval and/or a permit from the Department of Environmental Quality (DEQ) shall be submitted to the Planning Department. 7. The proposed use shall be allowed for a maximum of 18 months (until August 3, 2012) from the date of approval of the findings (February 3, 2011). All reclamation of the site shall be completed prior to the end of the approved term of use. Process Conditions of Approval No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. The site plan prepared by The Land Group on 3/28/11 is approved (stamped "approved" on 04/4/11 by the City of Meridian Planning Department) with no changes). 4. The approved site plan may not be altered without prior written approval of the City of Meridian Planning Department. 5. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Department for approval prior to issuance of the building permit. 6. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Ongoing Conditions of Approval The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-513-6G. The applicant shall contact Planning Department staff regarding any proposed modification and/or transfer of ownership. 2. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (CUP -10-015). 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 4. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before April 20, 2011, Conditions Document Southridge Subdivision Gravel Mining CZC-11-007 within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11- 5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until April 5, 2012. EXHIBITS A. Vicinity Map B. Site Plan (dated: 03/28/11) C. Grading Plan Conditions Document Southridge Subdivision Gravel Mining CZC-11-007 A. Vicinity Map .1i W ONOrw THE I� A'�*Y, `n � � llY r lrs IIIa1�M r �.�1 kit L outhridge� iravol lining -.M9Ri'a4i ;- Foo "L4 WAM.q S Conditional Use Perm, it '•"" NNu JI Vicinity Map .aiM �rr, .ire mama Conditions Document 2 Southridge Subdivision Gravel Mining CZC-11-007 B. Site Plan (dated: 03/28/11) FmWd Nabs: 0.= FId No. FM N.. p- NW.P. Rd.M.,OC" + + + + + N ++ + + + +.+++ + + + . . . . . . . . . . . . + +#a+ + + + + + + + + + + + + + + + + + + ++++++ + + + + + + +* I.. + +++ < +.+ +++:-+ + ++++ + + N..p.ft +++ + + + + + + + + ++++ + + + + + + + + + + + ++. C6. Rd + + + + A+gg'+ 'a+ta+'++ +♦ +: + + + + + + + + + 4++ Extraction Area + + + +"++++.+++++++ A ++++,+,+ + + + + + + + + +++4+ 4 + + 4 + vip + + . . . . . . . . . . . . . ... + 4 � +.* . . + + , +A,& t . .V -+4- +++++++++++++. + + +++'+ .++ + + + + + + +'+ P,*d C.M.0 + +�+-++++++++-++++++++++++++++++-+• - UU4""+ + 4 + + + + + . . . . . . . Aa9' ;t' + + + �:.++:+++X+: Extract nA*,.. X+:.X.X.++-% + + � � , ­ + + + + + . . . . . . . . ..... + + + + + 41U -+ t .-I+�+++++++ X + + P.A > Certificate f Zoning Compliance - Site Plan Conditions Document 3 Southridge Subdivision Gravel Mining CZC-1 1-007 C. Grading Plan _ - Not. PN T I Na.PN wipli ..J Western Area Grading a I W. PM C1.01 e ! — s W. PN f os g W ( Eastern Area Gnglng No PN _ Naa pm C1.02 Conditions Document 4 Southridge Subdivision Gravel Mining CZC-11-007 B Pt�' m a r LN "61.10 I l Conditions Document 5 Southridge Subdivision Gravel Mining CZC-11-007 (:�VE IDIA Planning Department 11 ADMINISTRATIVE REVIEW APPLICATION ° peg Type of Review Requested (check all t ❑ Accessory Use ❑ Alternative Compliance [D Certificate of Zoning Compliance ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Time Extension (Director) ❑ Vacation ❑ Other Applicant Information Applicant name: Idaho Sand and Gravel Phone: 941-1831 Applicant address: c/o Ryan Russell 924 N. Sugar, Nampa, ID Zip: 83687 Applicant's interest in property: []Own ❑ Rent []Optioned ❑r Other Lease Owner name: Corey Barton Homes, Inc. Phone: Owner address: PO Box 369, Meridian, ID Zip: 83642 Agent name (e.g., architect, engineer, developer, representative): Jason Densmer Firm name: The Land Group Inc. Phone: 939-4041 Address: 462 E. Shore Dr., Eagle, ID Zip: 83616 Primary contact is: ❑Q Applicant ❑ Owner ❑ Agent ❑ Other Contact name: Ryan Russell Phone: 941-1831 E-mail: rvan.russellAstakerparsons.com Fax: 466-4167 Subject Property Information Location/street address: W. Overland Rd. Assessor's parcel number(s): S1222344502 and S1223131350 Township, range, section: Sec. 23, 3N, 1 W Total acreage: 76 +/- Acres Current land use: Proposed Residential Current zoning district: R-4 and R-8 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/4/08) Mvn;clq Project Description Project/subdivision name: Southridge Subdivision - Gravel Mining General description of proposed project/request: Export excess earthwork products from the site. Proposed zoning district(s): no change. Acres of each zone proposed: no change. Type of use proposed (check all that apply): 0 Residential ❑Commercial ❑ Office ❑Industrial ❑ Other Amenities provided with this development (if applicable): as per Southridge Master Plan. Who will own & maintain the pressurized irrigation system in this development? Southridge HOA. Which irrigation district does this property lie within? Nampa -Meridian Irrigation District Primary irrigation source: Ridenbaugh Canal Secondary: Meridian Square footage of landscaped areas to be. irrigated (if primary or secondary point of connection is City water): Not applicable. Residential Project Summary (if applicable) Number of residential units: Not applicable. Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (Macre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Not applicable. Other lots: Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Landscaping: Total number of employees: Building: Existing (if applicable): Building height: Paving: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Seating capacity: Number of compact spaces provided: Print applicant name: ✓otsd;g 0,M51m, Applicant signature: Date: Oxy. 15, U1 3 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (2 8 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 THE LAND GROUP, INC. March 15, 2011 Planning & Development City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Re: Certificate of Zoning Compliance Application — Idaho Sand & Gravel Southridge Subdivision, Meridian, Idaho We are pleased to submit the required materials associated with the requested Certificate of Zoning Compliance for Idaho Sand and Gravel in conjunction with the extraction of sand and gravel from the site. Background: The site is located south of the re -aligned Overland Rd, and east of Ten Mile Rd within future development areas of the Southridge Subdivision. The area involved with this application is approximately 76 -acres. The project area is bounded on the north by the Ridenbaugh Canal and Overland Rd. On the west and south, large -lot residential parcels exist. On the western perimeter of the work area, the Williams Pipeline crosses the Southridge Subdivision, but no mass grading will occur within this easement area. The property owner desires to conduct mass grading of the property to achieve a more gentle overall landform and facilitate the planned residential subdivision. As shown by the submitted site plan, at completion of the grading the finished topography will slope generally to the northeast. Construction of the desired grading will result in excess material that will need to be exported from the property. Geotechnical testing of the native soils at the site have shown that these excess materials are of excellent quality for use in road construction. The most appropriate use for the export material is as gravel and structural fills for State and Local -road agency projects, which are anticipated in the project vicinity in coming years. Previous Approvals: The project area has been the subject of several planning applications, the latest of which is the Conditional Use Permit (CUP -10-015) which was approved on February 3, 2011 for this proposed use (copy of approval letter attached). As a site specific condition of approval for the CUP; we are required to submit for this Certificate of Zoning Compliance prior to establishment of the proposed use to ensure compliance with all conditions of approval and provisions of the Unified Development Code. Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 - F 208.939.4445 • www.thelandgroupinc.com March 15, 2011 Page 2 of 3 Certificate of Zonine Compliance fCZCI: Below is a grouping of the CUP conditions of approval arranged in topical themes as they relate to this CZC with explanations and description of included drawings: Perimeter Fencing Prior to initiating the mass grading, the Applicant will construct perimeter fencing in the selected areas as shown on the attached Site Fencing Plan (S-1). These fences will provide perimeter security and visual screening of the operations at the. site. At the access to the site from Overland Rd, a temporary gate will be installed to help secure the property and limit trespass or vandalism. Operating Hours Normal work hours for mass grading, gravel extraction, loading and hauling will be limited to the hours of 8am to 5pm on non -holiday weekdays. No work would occur on weekends or holidays. The Commission approved extended hours of operation solely for the removal of material from the site on non -holiday weekdays (Monday thru Friday) between the hours of 6 am and 6 pm; ALL other operations shall occur between the hours of 8 am and 5 pm on non -holiday weekdays (Monday thru Friday). It is understood the proposed use shall be allowed for a maximum of 18 months (until August 3, 2012) from the date of approval of the findings on the CUP (February 3, 2011). All reclamation of the site shall be completed prior to the end of the approved term of use. Site Reclamation /Air and Water Quality Find attached a copy of the application to the Idaho Department of Lands requesting approval of the reclamation plan. A letter from the Idaho Department of Lands confirming approval of the reclamation plan will be provided upon receipt. A temporary erosion control plan is included that demonstrates measures are in place to prevent erosion during mining activities. A permit from the Department of Environmental Quality for the operation of a rock crusher on the site is not included at this time as rock crushing will not be utilized during this initial phase of the use. At the time rock crushing is anticipated a letter of approval from the Department of Environmental Quality for the operation of a rock crusher on the site will be provided prior to operation of rock crushing equipment. Dust Abatement/ Work Sequencing The work will be conducted in dynamic phases, limiting the areas of the site where work is active at any one time to isolated areas within the overall property as noted on the included Master Site. Each active area will have the topsoil stripped and stockpiled, sand and gravel extracted and then the topsoil replaced and seeded. This progressive approach will help to minimize erosion at the site. The sand and gravel that is extracted and the sand and gravel soils underlying the soils that will be extracted are highly permeable and not naturally erosive. Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 - www.thelandgroupinc.com March 15, 2011 Page 3 of 3 Because accessing the suitable export materials will require stripping vegetation and overburden soils, fugitive dust from the work areas can be limited through this phased approach that allows vegetation to be retained on the remaining inactive areas. To date, significant effort has been expended in seeding and watering this project area to help establish vegetative cover to provide dust control. As the mass grading continues, the irrigation and seeding will be maintained over the inactive work areas to ensure the same levels of dust control are employed. Stockpiles of the following materials are likely: Stockpiles of overburden (top soil): These stockpiles will be placed adjacent to the area actively being worked until they are placed over the bottom of the excavation for re-establishment of vegetation. Typically these stockpiles will sit for more than. 14 days without being actively worked. Topsoil will be seeded and tackified for stabilization until used. Stockpiles of aggregates: These stockpiles will consist of aggregates such as base and subbase materials for roadway construction. These materials are less susceptible to erosion due to their granular nature and will be particularly less prone to.dust. These stockpiles will be created through crushing and sorting the aggregates mined on site. They will be created and then loaded in trucks as the demand arises and hauled from the site. Because these stockpiles are less erodible and not prone to dust, they will not be stabilized except for being placed in areas where runoff from them will not discharge from the site. At the completion of the project mass grading, the entire site will be prepared and seeded in preparation for the residential development of the Southridge Subdivision. Please contact me if you have any questions, or need further information. Sincerely, ronensmer, PE Group, Inc. Enclosures per CZC application requirements. *4 Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 - F 208.939.4445 • www.thelandgroupinc.com Eaa ms's". I I 5 Ta5a'Df 1 m �� .... :..:. :: .gip.. PIroject Area 4 n ♦ a � �%-. THE LAND GROUP W0— sod nnr Southridge Gravel Mining 462 East Shore Drive, Suite 100 Eagle. Idaho 8x Conditional Use Permit s 4eft4n8i fir W Varb4na Dr _. am� FD Vicinity Map u"'��"`+n'w`t' —'°"°"'°`'",,dol I I 5 Ta5a'Df 1 m �� .... :..:. :: .gip.. PIroject Area 4 n ♦ a � god No., Vic 1 U1 �%-. THE LAND GROUP W0— sod nnr Southridge Gravel Mining 462 East Shore Drive, Suite 100 Eagle. Idaho 8x Conditional Use Permit .Phone 208.939.4041 •Fax 208.939.4445 2 ft [ W M. M F� b 0 " am� nxln prmW W b 1M Imd b 11. .1Th7%a., Vicinity Map u"'��"`+n'w`t' —'°"°"'°`'",,dol Meridian Idaho god No., Vic 1 U1 �Mom oyepl aouegdwop 6u!uoZuelgieyr 6ulu!w ue!d nna!nJanp ails aaue!!dwoo 6u!uoZ Y +� jeABJp Lai a6ppgjnoS 10 apeol�!ua� 2 U � G @ a 1� 1D _ Q ,$11!i Ill --! I ii g e o g's �BzB lv�E bwMk 115,911fin ON.? �I� !3 pa E�be ��R$gl dad o o � l= CL `cam A I z uadewN �\ + + + + + f + + SII + + + f + + + + + + C I + + + + + + + + + + + z I + + + ++� .+ + + + + + + + + + + + + + + + + + + + + a O I + + + + # + + + + + + + + + + + + `� + + + + + + + m II +++++++%%+++++++++++++++ Z\ a + \ + + + # f + + + + + + I c — _ / ++c+++++,"+++++++++++++ II I Z �N qg +� + + + +++ + + + + + 8 + + CF r + + + + + / + + + I +� + + i r+ & + + + + + + i } + tQVc�a + + + + ++:12 2+ + ... + + + . + + +,+ 0) + + + + + + + ++ ++ }.�+ ++++++ +++ + + + — I+ v ,+ + I + + + + + +� + + 40) �F + z + + + +µ + W f +gam \ \ o + +xe3 III gSM;z + t + �+ �+ + + + + + + + m + + + + + + + + C+ + + + \ Q + xp"�, + + + + + + + + O + +: +++++++++ + n s + i':j' + + -25 + + + + + + + . o% l` + + �+ + + +++++++ r J t.. •/ +X + + + + + + + + + + + + + + �+ + + + + + C cc I I flp�p + + + + + ?��%rM + f + +g + + + + �f + + + +/ , a) 74a.10t a4c��.:.. /.✓ + + + + + + \QQ�/ td + + +' j F; + + + + + , Q , G + + �iY- + + + it j Gj i I I \ + + s< + + +�S/ P + + / ��/ 0 + y6jy+ j ISI Z d N U `6 C d g Z I /cc a Pd ai!W ua� LL PH apyy ual SOUTHWEST SUPERVISORY AREA 8355 West State Street Boise ID 83714-6071 Phone (208) 334-3488 Fax (208) 853-6372 March 28, 2011 STATE BOARD OF LAND COMMISSIONERS man C.L. "Butch" Otter, Governor DEPARTMENT OF LANDS Ben Ysursa, Secretary of State Lawrence G. Wasden, Attorney General Donna M. Jones, State Controller Tom Luna, Superin? of Public Instruction GEORGE B. BACON, DIRECTOR EQUAL OPPORTUNRY EMPLOYER Staker & Parson Companies Idaho Sand & Gravel Company Post Office Box 1320 Nampa, Idaho 83653 This correspondence is notification the following reclamation plan was approved on March 28, 2011: PLAN NO. ACRES COUNTY LEGAL DESCRIPTION S602904 70 Ada T3N, R1W, Pt. NW1/a, SWI/4NEI/a Sec. 23 The plan was granted approval subject to the following terms and conditions: 1. All refuse, chemical and petroleum products and equipment shall be stored and maintained in a designated location, 100 feet away from any surface water and disposed of in such a manner as to prevent their entry into a waterway. 2. State water quality standards will be maintained at all times during the life of the operation. Should a violation of water quality standards occur, mining operations will cease immediately, corrective action will be taken, and the Department of Environmental Quality will be notified. 3. Erosion and non -point source pollution shall be minimized by careful design of the site access and implementing Best Management Practices, which may include, but are not limited to: a. Diverting all surface water flows around the mining operation. b. Removing and stockpiling vegetation and slash for use in erosion control and reclamation. c. Removing and stockpiling all topsoil or suitable plant growth material for use in reclamation. 4. An initial reclamation bond in the amount of $15,000.00 will be submitted to and maintained with the Idaho Department of Lands prior to conducting any surface mining operations. 5. If the reclamation plan is not bonded within 18 months of approval, or if no operations are conducted within three years, the department may withdraw this plan. This shall not prevent the operator from re -applying for reclamation plan approval. 6. Acceptance of this permit does not preclude the operator from obtaining other necessary permits and approvals from state and federal authorities, i.e. Storm Water Pollution Prevention Plan (SWPPP), waste water generation and/or air quality permits, consultation with the National Oceanic and Atmospheric Administration Fisheries, U.S. Army Corps of Engineers 404 Permit and Stream Channel Alteration Permits for each production process. 7. At the beginning of each calendar year the operator or plan holder shall notify the director of any increase in the acreage of affected lands which will result from the planned surface mining activity within the next twelve (12) months. A correlative increase in the bond will be required for an increase in affected acreage. For your convenience I have enclosed bond forms and instructions. Please note -- pursuant to Idaho Code section 47-1512(a), operations cannot commence unless the bond established in Stipulation No. 4 is submitted to this department. Failure to submit the bond before mining commences may subject you to legal action by the state pursuant to Idaho Code section 47- 1513(d), which may include issuance of an order by the district court to temporarily restrain your mining operations without prior notice to you. This reclamation plan will be considered in good standing upon receipt of reclamation bonding. If the department does not receive a written notice of objection from you regarding these stipulations by April 11, 2011 the stipulations will be considered as accepted. If you have any questions, you may contact me via email at nwelbaum @ idl.idaho.gov, at the above dress or b hone at (208) 334-3488. Nancy J. Welb um Senior Resource Specialist Enclosure(s) CC: Bureau GENERAL INFORMATION IDAHO DEPARTMENT OF LANDS APPLICATION FOR RECLAMATION PLAN APPROVAL Reclamation Plan# The Idaho Surface Mining Act ,;Title 47, Chapter 15, Idaho Code requires the operator of a surface mine to obtain an approved reclamation plan and bond. There is no fee required.. When an applicant is mining on lands administered by the U.S. Forest Service or Bureau of Land Management, itis necessary to obtain the proper federal approvals in addition to the Department of Lands. Each agency's application requirements are similar, but not exactly the same. Please review both state and federal application requirements, and develop one plan which meets the requirements of all the agencies involved: After the mine plan has been finalized, five (5) copies of this application must be submitted to the appropriate Area office of the Idaho Department of Lands. When the department receives an application, the appropriate federal or state agencies will be .notified of the application. The department shall deliverto the operator, if weather permits and the plan is complete, the notice of rejection or notice of approval of the plan within sixty (60) days after the receipt of the reclamation plan or amended plan,. All reclamation plan applications will be processed in accordance with Section 080 of the Rules Governing Exploration, Surface Mining, and Closure of Cyanidation Facilities (IDAPA 20.03.02) and applicable Memorandums of Understanding with state and federal agencies. APPLICATION INFORMATION 1. NAME:*,,,rn�.r > d/b/a: _7i 4A,:: kr,v , 1 2. ADDRESS: �•�� l c��l., 1f 3 CITY, STATE, ZIP CODE: IMAw. prn- , Z' D 3. TELEPHONE: L-2- C> 4. DESIGNATED IN-STATE AGENT AND ADDRESS: (if Company's main place of business is 'out of state') 5. PROOF OF BUSINESS REGISTRATION (if applicable): If applicant is a business, please attach proof of registration with the Idaho Secretaryof State. 6. LEGAL DESCRIPTION (Section, Township, and Range) TO THE QUARTER -QUARTER SECTION: 7. ACREAGE: —7c:> 7 Wc-zz..E S .8. COUNTY(ies): 9. OWNERSHIP: (check applicable) [Private ❑ U.S. Forest Service ❑ Bureau of Land Management ❑ Idaho Department of Lands 10. COMMODITY TYPE, PROPOSED START-UP DATE: '3f 11. SITE NAME OR MINE NAME (if any): S�`ttdlg� `rjw�d.�viSto.J IDL -Nov 2009 Application For Reclamation Plan Approval Fee: $0.00 Page 1 of 3 12. Please provide the following maps of your mining operation (Subsections 069,04 or 070.03 of1DAPA 20.03,02): a. A vicinity map prepared on a standard USGS 7:5 quadrangle map or equivalent. b. A site map which adequately shows the location of existing roads, access roads, and main haul roads, which would be constructed or reconstructed for the operation. Also, list the approximate dates for construction, reconstruction and abandonment. . V/ c. On a site location map„ show the following; i. The approximate location and names, if known, of drainages, streams, creeks, or bodies of water within 1,000 feet of the surface mining operation. ii. On a site location map show the approximate boundaries and acreage of the lands that will become affected. by the. mining operation. This map must be of adequate scale for boundary identification, iii. The. approximate boundaries and acreage of the: lands that will become affected by the. mining operations during the first year of. operations. This map must be of appropriate scale for boundary identification. iv. The planned configuration of all pits, mineral stockpiles; overburden piles, topsoil stockpiles; sediment ponds, and tailings ponds, that will be developed by the mining operation. V. The planned location of storage`for fuel, equipment maintenance products, wastes, and chemicals utilized in the surface mining operation. d. A surface and mineral control or ownership map of appropriate scale for boundary identification, e. Scaled cross-sections of the mine showing surface profiles prior to mining, at maximum disturbance, and after reclamation. 13. A reclamation plan must be developed and submitted in map and narrative form (Subsections 069.05 or 070.04 of IDAPA 20.03.02). The reclamation plan must include the following information: a. On a drainage control map show and list the best management practices which will be utilized to control erosion on or from the affected lands. b. Where surface waters are likely to be impacted, identify and assess foreseeable, site -speck nonpoint sources of water quality impacts upon adjacent surface waters and the BMPs the operator will use to control such impacts during surface mining and reclamation C. Which roads will be reclaimed and a description of the reclamation. O d. A revegetation plan which identifies how topsoil or other growth medium will be salvaged, stored and replaced in order to properly revegetate the area. Identify soil types, the slope of the reclaimed areas, and precipitation rates. Based on this information, identify the seed species, the seeding rates, the time and method of planting the soil, and fertilizer and mulch requirements. e. Describe and show how tailings, process, or sediment ponds will be reclaimed. 0 f. Estimate the actual cost of third party reclamation which includes the direct and indirect costs for equipment mobilization, re -grading, seed, fertilizer, mulch, labor, materials, bonding, insurance, profit, and any other pertinent costs plus 10% contingency. APPLICANT SIGNATURE: DATE 3 8'-7 l IDL -Nov 2009 Application For Reclamation Plan Approval Fee: $0.00 Page 2 of 3 March 8, 2011 TO;. FROM: SUBJECT: PO Box 1310. 924 N Sugar St (83887) Nampa ID 83653-1310 IDAHO SAND :& GRAVEL C 0. M P A .Idaho Department of Lands Ryan Russell, Staker and Parson Companies (DBA Idaho Sand and Caravel Co.) 208-466-5001 Southridge Gravel Mining- Application for Reclamation Plan Approval Idaho Sand and Gravel Co, is applying for a Reclamation Plan Approval for the future Southridge Subdivision_ Please consider the following operational narrative. Site Overvietiv: A. Site Address/Location: The site is located south of W. Overland Road, southwest of the Ridenbaugh Canal, and east of S. Ten Mile Road within future development areas of Southridge Subdivision (Parcel #S 1223244502 & S1223131350), in the north !/2 of Section 23, Township 3 North, Range 1 West. B. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh Canal runs along the northeast boundary of this site. 2. Hazards: The Northwest Pipeline crosses the western portion of this site. No material is proposed or has been approved to be removed from the pipeline easement. Further, heavy equipment will not be crossing the pipelines or pipeline easement during the mining operation. 3. Flood Plain: This property is not within a flood plain or flood way. C. Access: Access for this site is depicted on the site plan in Exhibit A.2 via an existing curb cut to/from W. Overland Road. Equipment and Methods: Mass grading of the site will be completed using equipment typical of road and infrastructure construction. During the periods when site overburden is being stripped, work will be performed with dozers and scrapers with occasional support from excavators or rock trucks. Day-to-day operations during the material exporting will be accomplished primarily using loaders and dump trucks. Water 3/8/2011 1 of 2 PO Box 1310 924 N Sugar St, (83687) Nampa ID 83653-1310 trucks will be onsite for dust control. Material leaving; the site will be measured using a portable scale.. Suitable topsoil will be salvaged for replacement on slopes as extraction areas are completed. Dust Abatement: The projectarea has been seeded and watered by the property owner to help establish'vegetative groundcover to provide dust control. Vegetation. will be retained and maintained on inactive areas to lessen, the. dust due to stripping vegetation and overburden soils from the site. A water truck will be kept on-site for the abatement of dust created from the proposed.use. Mining: The desired grading for the site will result in excess materialthat will be exported from the site and used as gravel and structural fills for commercial, state, and local road agency projects in the nearby vicinity. ITD has approved the suitability of the site materials for use 'inroadway projects based on their review of the geological. and archaeological report prepared for this site. Reclamation: The attached grading plan demonstrates the reclamation, of the site after mining and grading. Topsoil shall be applied to the cut slopes along the Southern property line and then seeded using a dry land seed mixture adequate to propagate growth in Meridian, ID. The remaining flat surface areas are to be developed with roads and individual home sites as Southridge Subdivision. Thank you for your consideration of the application, Respectfully Submitted, IDAHO SAND & GRAVEL CO. C Ryan Russell Phone (208) 466-5001 Fax (208) 466-4167 3/8/2011 2 of 2 IDAHO SAND & GRAVEL COMPANY �-- The Prcfcnc4. Soum Nampa.- 924 North Sugar Street * P.O. Box,1310 *,Nampa, Idaho 83653-1310 * Phone 20""6-5001' Tax 208406-5166Titin Falls -391 Cast 300 South *Jerome, Idaho 033318 * Phone 20R-323-5100 +Tax 208-321-5111 ISM # 1.1916 -AAA -1-2 O;cgon # 142640 Nevada # 0053829 Sand & Rock Products - Concrete • Asphalt • Paving • Construction • Earthwork • Hauling To: Idaho Dept. Of Lands Contact; Address: 954W. Jefferson, PO Box 83720 Phone: 334-3488 unit Price Boise; ID 83720 Fax: Project Name: Southridge Reclamation Bid Number: Project Location: Overland And Ten Mile, Meridian, ID Bid Date:3/8/2011 Total Bid Price: $15,656.25 Payment Terms: Payment terms: Net due by the 10th of the month following date of invoice unless otherwise stated. Interest at the rate of 11/2% per month charged on alll past due accounts. This is an annual percentage rate of 18%. Purchaser agrees to pay reasonable legal fees. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: 3/8/2011 12:51:37 PM CONFIRMED: Idaho Sand & Gravel Co. Authorized Signature: Estimator: Ryan Russell (208) 466-5001 rrussell@ldahosand.com Page 1 of 1 Line # Item # Item Description Estimated Quantity Unit unit Price Totai Price l Dress Cut Slopes With 6" Of Topsoil, Prepare 4.69 ACRE' $1,$00.00 $8,442,110 For Seeding 2 Hydro Seed, Dry Land Seed Mixture With 4;69 ACRE $1,325.00 $6,214.25 Mulch And Tackifier 3 Mob/Demob Equipment 1.00 EACH $1,000.00 $1,000,00 Total Bid Price: $15,656.25 Payment Terms: Payment terms: Net due by the 10th of the month following date of invoice unless otherwise stated. Interest at the rate of 11/2% per month charged on alll past due accounts. This is an annual percentage rate of 18%. Purchaser agrees to pay reasonable legal fees. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: 3/8/2011 12:51:37 PM CONFIRMED: Idaho Sand & Gravel Co. Authorized Signature: Estimator: Ryan Russell (208) 466-5001 rrussell@ldahosand.com Page 1 of 1 i c. Varwo Or W Vertasna Di 3 30 55 bw -� �"ST @.tea.. i _r_71f ..,.,.s. r'G .,... •f;;. �C1�sp� s _. M �►� / TIRE LAND GROUP /�1+,r wcowro�ureo � ""'"` Southridge Gravel Mining oof. a ate« ,z *.OAW ° it r1 ,'"� 46? Cast Short Drive, Suite 100 " Eqe icoho 83616 Conditional Use Permit . Phone. 208.939 4041 - Fcx 2g893ga445 � Vicinity Map ■ _ VI//.�� 1 Meddlen Idaho v IL 1 048PI WIPPen u0c) lit IIWJBd ash ieuo, Uleld 94S'8 6UIUIVq 19AL-Jo M I,ql, �bp'ljqjnoS 91AJBAO 10efO Jd o"SM af: Lu XUK� IJBd 9 ION ME ash muo,I)PU00 6ululW I AB)o ftpejo L'OJV welsom �,u it-j � 96pljqlnoS I PIT, .1y ji 5W, 41 1 1 x .1y ji 5W, 1 1 0,"A cc a. m tr' l wx- ..� 0- .' ! + '.ca lam / / i •• ' , +,Ir'',+, ii section Matchline )/ Matchllne g Section 4 r/ •- '�` ,,.. _'.__ /. fir. `\ w._ z edab% �\ _l' ( w m b F N� BRiiG f;F;� Southridge Eastern Area Grading Gravel Mining an Use Permi n Nerklian Idaho {t3 I ti tj 1�1ti7, �¢�I('��� _.. _. J. 1 1.._... _. .. \\ ..... ..... ...._ \ \ 1 1 e6 ame I 1 i � I Menoinn loeho \ til 1 it xneo \ `\'•\ \ y \ .1 Mui NI 4 an.ls ame min all) .... J ,.. , \\iJ _._ .. ..,.... t ten? erne \\\ ; .) s anal Nadi25" inSe or \\ WO isms • tris 1 I i i _. ... _. `. \,\i. 1 1 C twe AM N y e1mM 1 mag x5>n R \yl\ NX 4 M25..... -.---- k ..;..... .. _:... I �.. {t3 I ti tj 1�1ti7, �¢�I('��� _.. _. J. 1 1.._... _. .. \\ ..... ..... ...._ \ \ 1 1 xel.el _.. eeuu emf! 16M,l1 ame I 1 i � I Menoinn loeho \ til \ y \ .1 min all) .... .. r... . .... ,.. , \\iJ _._ .. ..,.... :\lY erne \�l Nadi25" inSe or \\ WO W"-..... } _...... _. _. ... _. `. \,\i. i '. AM N y e1mM mag 4 r"Rldenbaugh Canal c _ s {t3 I ti tj 1�1ti7, �¢�I('��� Site Sections A & B Southridge Gravel Mining iso' Conditional Use Permit - L Menoinn loeho i V V N \NI ay % 4 affil 204 fi 21n.53 f EI M7.6 WA Rldenbaugh Canal 4 . ...... ... Southridge &WIt Site Section C Gravel Mining %ji Conditional Use Permit I madcuan ppyy OR \ ]Jill 38 ISV 17 9NR1d38 40 SISdB' ` . ..........id :L9•OG9Z A,9Z.IY.00S............ 1 19'199 ..a .......... ,f9'OILI.... a M.9ZdtooS...... .... ¢ Q o I IN 1 /7 999M V � 1 m /✓�` yy Ifs l 1 `!9 N a , . N i A / 6�(a ,3 4 w r 9Y.(ION <a Y � ,elzac i 30.9Y.00N \ 00 / $n� lid �I a �Gl' N252a�a 1 Ill � g, dall 117 S� I ---- � Z6'tOL Xwel QX T�L1i Nil •s s • • • .............. ..... � •.9Y6Z9Z 3.61,9SOON. ¢ ........ ...... • . a -I $g: N N _I O C 7r- ll V m � OD t , (d o�> ¢ .I C Z cm '•+QLD r- CO �� N s 0 p p O p (D -24z c) (O�L� C C0'F^+ ppyy OR \ ]Jill 38 ISV 17 9NR1d38 40 SISdB' ` . ..........id :L9•OG9Z A,9Z.IY.00S............ 1 19'199 ..a .......... ,f9'OILI.... a M.9ZdtooS...... .... ¢ Q o I IN 1 /7 999M V � 1 m /✓�` yy Ifs l 1 `!9 N a , . N i A / 6�(a ,3 4 w r 9Y.(ION <a Y � ,elzac i 30.9Y.00N \ 00 / $n� lid �I a �Gl' N252a�a 1 Ill � g, dall 117 S� I ---- � Z6'tOL Xwel QX T�L1i Nil •s s • • • .............. ..... � •.9Y6Z9Z 3.61,9SOON. ¢ ........ ...... • . I. OR I ................r....... s . ; 19'DSU M sz.lroos............. ......... . „ r zsxce og ;� 1 g� JI / .lip �I `51 ,� %/• V � , X11 �� I • ° I ` rr�\ t5 n 0 a "I C24 ul 1 c o U m C/) y l N N C O Z �W Cca))CU O t0 0 Ott C N O O 6 O A ar M C Gp Z a N a oU A CO ` rr�\ t5 n 0 a "I C24 ul 1 8 ` rr�\ t5 n 0 a "I C24 ul 1 m 0 rr 0 . � z a M a IOO I 1 Y06 � o 110 o b CQ oya tla: SeyO .y7r�r � ~ Eby Maar _ a,o 9.1 n • I .. a � 1 _ sy0 • iNAGaoN � w° �O➢i ,fr9co 3.0,MOON zcrtl '�kryaW ,Zl'BfB M.6f.K.00S oraz J zlWe UtAum • I I bi I ND37"rr i Noise'Ir+r� \I _ --iIL— leen — =71 Ift / ,crca iatiw/ / r : s �U •ly'N � ro l r. a N N O C O CS N a rn N :d+ N 4 C F4 CV r co 4-1 it O O L to O O co - a) rd Co O j;=' EV -E-qZ:s �F '0 C. � OZL CO p :3 �n Cts 0 . � z a M a IOO I 1 Y06 � o 110 o b CQ oya tla: SeyO .y7r�r � ~ Eby Maar _ a,o 9.1 n • I .. a � 1 _ sy0 • iNAGaoN � w° �O➢i ,fr9co 3.0,MOON zcrtl '�kryaW ,Zl'BfB M.6f.K.00S oraz J zlWe UtAum • I I bi I ND37"rr i Noise'Ir+r� \I _ --iIL— leen — =71 Ift / ,crca iatiw/ / r : s �U •ly'N � ro l r. a fill]118 jig N 0 a 08 T S O N - g i. Cl) � N i� C N. , O C O U Om m N Z17 Gil (/i t"A o l� _� N.O.>_ C .. ... T O G I \ � �.\5 � '- �Z W CCD � • r 1.19 O,L+L CN S U �•O Z C A r 0� �Orco 0) $ 6 QL = z m to A _ J,BL'YICI— 1 E j : I- �I fill]118 jig 0 a 08 T S O dao Z17 Gil l� I \ � �.\5 � � i,�i,%� ✓ (� � • 1.19 _ J,BL'YICI— Z6'L9L •ff'BC9 .9C'9Lf ^ 3 : a •Q?I S�1T NiLL 'S •'• ' • $lye _ .. ..................... ......9 .5zgz 3.61.noow. ...............................•• ,•� . E� ggggbA O. O ri o g� r+ C Na) a ` � �%JOR p C It <„ oy`o� 01 PoTw N O In sd �o C%2 r g3� r N ° Q U 9X4 to ZW C U p�Q� cc° p ps< M��oY ��O l--1 0 r Q N U o$ F F o megg c .1 J OryO�p p p cp p�Z� C Z O P4 �— C6-0 Al- «i It 411 3 6WZ O ?�Zao VVSS y�Z US �FT,� 2 0 L U •f' 1qq- 33 r �s <N<C`a p WR j < _ IA z �� ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 31.00 1 BOISE IDAHO 04122109 02:06 PM DEPUTY Che Fowler RECORDED -REQUEST OF III IIII'�'IIIIIIIII III�I' I' SII The land Group 109045733 SURVEY RECORDING SHEET SURVEY NO. 8550 INSTRUMENT NO. : 109045733 NAME OF SURVEY SURVEYOR Linder 109 PBA Survey Aaron L Ballard AT THE REQUEST OF : The Land Group COMMENTS : N z Sec 23 NW a SE 4 Sec 23 T3N R1W AFFIDAVIT OF LEGAL INTEREST STATEOFIDAHO ) COUNTY OF ADA ) 1, leo% .l'l &A&'� Ra .'lJl )Y� L�() (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: 1 o(&hv Strata d 92�f N Svytly, Nawtpa� <b aw i%nt Lah/i C__T,_ t��2 S�rotw Dr.� EaAl�r� (name) (address) to submit the accompanying application(s) pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein oras to the ownership of the property which is the subject of the application. 3. 1 hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said applicationi(s). Dated this 14174 day of ill /=1✓tJJ— 2— , 20 t e7 ignamm) SUBSCRIBED AND SWORN to before me the day and year first above written Kq O� \CSN+ (Notary Public for Idaho) Iv 4t iL1 ,l7G% Residing at: � aas� o 1G,pyyO i My Commission Expires: f 1 dS (42_ 33 E Broadway Suite 210 ° Meddian,Idahu 83642 Phone: (208) 884.5533 ° Facsimile: (208) 888-6678 4 Websile: www,meridianeily,org MayorTammy deWeerd City Council Members: E Keith Bird Brad Hoaglun Chanes Rountree David Zaremba Febr uary 9, 2011, Jason Densmer The Land Group 462 E. Shore Drive:_ 8 100 Cagle, ID 83616 RE: Soulliridge Subdivision Gravel Mining (CUP l0-0 15) Dear Mrs Densmer: This letter is to confirm that the City or Meridian's Planning& Zoning Commission approved your conditional use permit application for the subject property at their February 3, 2011 meeting; In accord with UDC I 1-513-6F, in order for the conditional use permit to remain valid; [he applicant shall commence the use as permilted in accord with the conditions of approval, satis[y the requirements set Forth in the conditions ol'approval, and acquire building permits and commence construction of permanent toolings or structures on or in the ground, or submit an application for a time extension on or before February 3, 2013. 'file applicant, director, or a party ofrecord may request City Council review ofa decision of Ilic Planning Br: Zoning Commission. All requests ror review shall be tiled in writing with the Planning Department on or belore February 18, 1-011 within fifteen (15) days after [he written decision is issued, laid contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Commission represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web -site at www.nmeridiancity m•g earel to fill out a customer survey and give its leedback on how we are doing. Sincere y, Auna Borchers Canning, AICP Planning Director ABC:bs Date ?.n I I Yr. oz Mo, o9 Day Employee -or, Agericy Cvp + pF ~A I ProjectNurtteer !l0l26 Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888.6854 www.meridi2ncity.org EXHIBIT A STAFF REPORT Hearing Date: January 20, 2011 TO: Planning & Zoning Commission C�VERIDIAN-%-n� FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: CUP -10-015 — Southridge Subdivision Gravel Mining I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Idaho Sand and Gravel, has applied for a conditional use permit (CUP) for construction sand and gravel mining on approximately 76 acres of land in the R-2, R-4, and R-8 zoning districts at Southridge Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning and Zonine Commission heard this item on January 20. 2011. At the public hearing, they moved to approve CUP -10-015. a. Summary of Commission Public Hearing: i. In favor: Jason Densmer; Scott Nichols ii. In opposition: Donald Smith; Dan Wilson iii. Commenting: None iv. Written testimony: Scott Nichols; Jason Densmer V. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Pete Friedman b. _Key Issues of Discussion by Commission: i. Parameters for work proposed on the site between the hours of 8 am and 5 mn and during extended hours; ii. Noise & dust generated from the proposed use and effects on the neighbors; iii. Concern regarding the degree of the slope along the southern boundary of the site and vegetation and maintenance thereof; iv. Term of permit and extended hours of operation; c. Key Commission Changes to Staff Recommendation: i. Extended hours of operation for solely for the removal of material from the site are approved between the hours of 6 am and 6 pm Monday thru Friday; all other operations shall occur between the hours of 8 am and 5 pm Monday thru Friday, ii. Modify condition #1.1.3 to allow a bond to be submitted as an alternative form of surety for reclamation of the site. iii. Modify condition #1.1.22 to add a requirement for ALL reclamation of the site to be completed prior to the end of the approved term of use. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP -10- 015 as presented in the staff report for the hearing date of January 20, 2011, with the following modifications: (Add any proposed modifications.) I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing Southridge Subdivision Gravel Mining CUP -10-015 PAGE 1 EXHIBIT A on February 3, 2011. Denial After considering all staff, applicant and public testimony, I move to deny CUP -10-015 as presented during the hearing on January 20, 2011, for the following reasons: (You should state specific reasons for denial.) I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on February 3, 2011. Continuance I move to continue File Number CUP -10-015 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located south of W. Overland Road, southwest of the Ridenbaugh Canal, and east of S. Ten Mile Road within future development areas of Southridge Subdivision (Parcel #51223244502 & S1223131350), in the north % of Section 23, Township 3 North, Range 1 West. B. Owner(s): Corey Barton Homes, Inc. P.O. Box 369 Meridian, ID 83642 C. Applicant: Ryan, Russell, Idaho Sand and Gravel 924 N. Sugar Nampa, ID 83687 D. Representative/Contact: Same as Applicant E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: January 3, and 17, 2011 C. Radius notices mailed to properties within 300 feet on: December 23, 2010 D. Applicant posted notice on site by: January 10, 2011 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently vacant but has been approved for single- family dwellings. The property is zoned R-2, R-4 and R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: Commercial uses abut this site. North: Overland Road & vacant land in the development process, zoned R-4, R-8, TN -R. South: Rural residential properties in Val Vista & Aspen Cove Subdivisions, zoned RUT and RI Southridge Subdivision Gravel Mining CUP -10-015 PAGE 2 EXHIBIT A respectively, in Ada County East: Vacant land in the development process, zoned R-4 & R-8 West: Rural residential properties, zoned RUT in Ada County; Overland Road and vacant land in the development process, zoned R-8 C. History of Previous Actions: • This property was annexed (AZ -06-031) in 2007 with a development agreement (Instrument #107074205) and preliminary platted (PP -06-031) as part of Southridge Subdivision. • A time extension (TE -09-009) to obtain the City Engineer's signature on the final plat was approved by the Director on February 20, 2009, which extended the preliminary plat until April 6, 2010. • A time extension (TE -10-018) to obtain the City Engineer's signature on the final plat was approved by City Council on September 7, 2010, which extended the preliminary plat until February 6, 2012. D. Utilities: 1. Public Works: a. Location of sewer: NA b. Location of water: NA c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Ridcnbaugh Canal runs along the northeast boundary of this site. 2. Hazards: The Northwest Pipeline crosses the western portion of this site. No material is proposed or has been approved to be removed from the pipeline easement. Further, heavy equipment will not be crossing the pipelines or pipeline easement during the mining operation. 3. Flood Plain: This property is not within a flood plain or flood way. F. Access: Access for this site is depicted on the site plan in Exhibit A.2 via an existing curb cut to/from W. Overland Road. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This site is designated "Low Density Residential (LDR)," "Medium Density Residential (MDR)," and "Civic" on the Comprehensive Plan Future Land Use Map with the majority of the site being designated MDR. Per the Comprehensive Plan (page 99), LDR designated areas, "allow for the development of single- family homes on large lots where urban services are provided. Uses may include single-family homes at densities of three dwelling units or less per acre." MDR designated areas, "allow smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of three to eight dwelling units per acre." Civic areas, "are designated to preserve and protect existing and planned, municipal, state, and federal lands for area residents and visitors. This category includes, public lands, law enforcement facilities, post offices, fire stations, cemeteries, public utility sites Southridge Subdivision Gravel Mining CUP -10-015 PAGE 3 EXHIBIT A (excluding ACRD), parks, public schools, and other government owned sites within the Area of Impact." This site is zoned R-2, R-4, and R-8 which is consi$tent with the LDR, MDR, and Civic land use designations. The proposed construction sand and gravel mining use is listed in UDC Table 11-2A-2 as a conditional use. When the Comprehensive Plan was adopted in 2002, the type of use proposed was not anticipated and therefore not included in the Plan. Additionally, the proposed use is an interim use and not the approved end use for the property. Staff finds the following Comprehensive Plan policy to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter V, Goal I, Objective A, Action 4 (pg. 39) - Protect and enhance air quality and minimize health hazards associated with air pollution. The applicant proposes to protect air quality during excavation by having a water truck on site to alleviate dust issues associated with the proposed use. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing Types that can be accommodated within the density range. The subject property is located in the R-2, R-4, and R-8 zoning districts. B. Schedule of Use: Unified Development Code (UDC) 11-2A-2 lists the principal permitted, accessory, conditional, and prohibited uses in the R-2, R-4, and R-8 zoning districts. The proposed construction sand and gravel mining use is listed as a conditional use in all of the aforementioned districts. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-4, 11-2A-5, and 11-2A-6 for the R-2, R-4, and R-8 zoning districts apply to this site. D. Landscaping Standards (UDC 11-313): NA E. Off -Street Parking: NA IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: CONDITIONAL USE PERMIT (CUP): CUP approval is requested for construction sand and gravel surface mining on approximately 76 acres in the R-2, R-4, and R-8 zoning districts, as required by UDC Table 1 I -2A-2. The applicant has submitted a site plan that depicts the area where the proposed surface mining will occur, including stockpile and crusher areas. An access and haul road that will be used by heavy equipment for transporting materials from the site is also depicted on the plan via W. Overland Road (see Exhibit A.2). The applicant has submitted a grading plan showing the existing grade of the site and the finished grade after removal of material and grading of the site and two ponds (see Exhibit A3). Southridge Subdivision Gravel Mining CUP -10-015 PAGE 4 EXHIBIT A Equipment and Methods: The applicant states, mass grading of the site will be completed using equipment Typical of road and infrastructure construction. During the periods when site overburden is being stripped, work will be performed with dozers and scrapers with occasional support from excavators or rock trucks. Day-to-day operations during the material exporting will be accomplished primarily using loaders and dump trucks. Water trucks will be onsite for dust control. Material leaving the site will be measured using a portable scale. Staff recommends that suitable topsoil be salvaged for replacement at the end of the miningproject. Noise: There will likely be a significant amount of noise generated from the equipment and processes associated with the proposed use. To mitigate this, the applicant proposes restricted hours of operation for normal working hours of 8:00 am to 5:00 pm Monday thru Friday. The applicant shall comply with the City's noise ordinance (MCC 6-3-6). Dust Abatement: The applicant proposes to mine the property in phases. The applicant states the Project area has been seeded and watered to help establish vegetative groundcover to provide dust control. Vegetation will be retained and maintained on inactive areas to lessen the dust due to stripping vegetation and overburden soils from the site. A water truck will be kept on-site for the abatement of dust created from the proposed use. The applicant should comply with all adopted state and federal air and dust particulate emission standards. The applicant should keep a water truck on site at all times for the abatement of dust resulting from the proposed use. Topography: The mining of materials from the site will result in an overall lower elevation for the site which could in turn result in a better view for the properties to the south after the property is built out. As shown on the site plan, at completion of the grading, the finished topography will slope generally to the northeast. Mining: The desired grading for the site will result in excess material that will be exported from the site and used as gravel and structural fills for state and local road agency projects in the nearby vicinity. The applicant's narrative states that ITD has approved the suitability of the site materials for use in roadway projects based on their review of the geological and archaeological report prepared for this site. Williams Gas Pipeline: The Williams Gas Pipeline is a natural gas pipeline that crosses the southwest corner of the site and lies within a 75 -foot wide easement held by Northwest Pipeline The applicant's narrative states no mass grading will occur within this easement. Comments were received from Gordon Hamilton, Northwest Pipeline in response to the proposed use which is included in Exhibit A.4. In summary, Mr. Hamilton stated that Northwest Pipeline has no objection to the proposed use with the understanding that no material will be removed from the pipeline easement that the finished slope adjacent to the easement will not exceed 33% (3:1), and that heavy equipment will not cross the pipeline or the easement during the mining of the property. In consideration of Mr. Hamilton's comments, staff has recommended conditions of approval in accord with his comments. Reclamation: The grading plan submitted by the applicant demonstrates the reclamation of the site after mining and grading. Staff recommends the applicant be required to submit surety (cash or letter of credit) for the cost of reclamation of the site, including re -vegetation, in the event the site is not graded as shown on the grading plan attached in Exhibit A.3 and re -vegetated as required. Fencing: The site plan depicts wrought iron fencing along the Ridenbaugh Canal, vinyl fencing along Overland Road between the Northwest Pipeline and the canal, and wrought iron or 6' masonry as agreed with by neighbors along the southern property boundary. A provision of the development agreement requires the applicant to construct a solid 6 -foot tall masonry fence Southridge Subdivision Gravel Mining CUP -10-015 PAGE 5 EXHIBIT A adjacent to the lots in Val Vista and Aspen Cove Subdivisions. A development agreement modification application will need to be submitted and approved by City Council for a change in material. Hours of Operation: The proposed normal work hours for mass grading, gravel extraction, crushing of material, loading and hauling will be limited to weekdays between the hours of 8:00 a.m. and 5:00 p.m. No work will occur on weekends or holidays. On ACHD and ITD roadway projects that require night time operation, the applicant proposes to request approval on a case by case basis for extended working hours up to 24 hours when required to serve specific projects. The applicant states that in no case will crushing be performed outside of normal work hours. Staff is not supportive of extended hours of operation because of the adverse noise impacts on adjacent neighbors from the operation ofheavy equipment. The City's noise ordinance (MCC 6-3-6) prohibits noises that create apublic disturbance between the hours of 11: 00 p.m. and 6:00 a. in. This site directly abuts residential properties on the a south and west sides of the project area. Term of Proposed Use: The applicant estimates the mass grading will take at least three years to complete. As this site was not intended to be used for gravel extraction, Staff views the proposed use as an interim use to the residential subdivision approved to develop on this site. As a temporary use, Staff is of the opinion three years is excessive. Because of the proximity of residential properties in relation to the project site and the impacts from the proposed use, Staff recommends a limitation of 18 months be placed on the project. If the applicant wishes to operate beyond this time period, a modification to the conditional use permit would be required. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Project Overview & Site Plan (dated: 12/3/10) 3. Grading Plans (dated: 12/3/10) 4. Letter from Gordon Hamilton, Northwest Pipeline B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Parks Department 7. Ada County Highway District C. Required Findings from Unified Development Code Southridge Subdivision Gravel Mining CUP -10-015 PAGE 6 EXHIBIT A Exhibit AA: Vicinity Map to,Z4 Kipw- THE LAND g outh+dc Gravel mining u� Conditional Use Permit Vicinity Mai >3. '1C Southridge Subdivision Gravel Mining CUP -10-015 PAGE 7 EXHIBIT A Exhibit A.2: Project Overview & Site Plan (dated: 12/3/10) Ei l � 1 \ Ow rc, Ed aPfOECI OVENICW v = Nd3P2n Southridge Subdivision Gravel Mining CUP -10-015 PAGE 8 EXHIBIT A Exhibit A.3: Grading Plans (dated: 12/3/10) Southridge Subdivision Gravel Mining CUP -10-015 PAGE 9 EXHIBIT A 01.10 Southridge Subdivision Gravel Mining CUP -10-015 PAGE 10 (A)� u --.- --- uAl v" Bax eaao�o 01.10 Southridge Subdivision Gravel Mining CUP -10-015 PAGE 10 EXHIBIT A 4. Letter from Gordon Hamilton, Northwest Pipeline Front: Hamilton, Gordon M fmaiftb:Gctdon.M,Hamllton@Wlillams,czm] Sestp Wednesday, December 29 2010117 PM To: Eason Dens mer Cc Tarbet, Craig R; Woodbury, Don C; Patterson, Scott C Subject: RL, Southridge - CUP-AAplkalkan for gravel exoacuon Jason, Rased on the drawl_r.$, that you conveyed to me of *South Ridge Subdivision and specifically the area that your 6eAt itltEnds to mine far gravel, Northwest Pipeline has no oboctfon to the Proposed land use. Further, it Is our understanding that no material wlp he removed from our pipeline casement and that the finishedstupe ad]acentto oureasement will not exceed 3z%]a;l), ltls also our understanding that your client will net he crossing our pipelines or pipeline dasemen4 with any heavy equipment during the mining of the prop", - If you have any quesftons on the above statement, please give me a call. Shxerefy, Cordon M Ha niflon District Manager — Northwest Pipeline GP 208-8504447 Froin¢ dasr.:m Derssmer Sam Wednesday, December 29, 2DI012:C3 RM Tot Cordon Hamiltan(Gdrdixt.M.HamlltongWllllams,com) SubjeW Southrldge - CUP Application kyr gravel extraction Gordan: Thank you for your time this morning discussing the Conditional Vse permit application tits has -leen submitted for the Southrldge property. I am attaching the grading plans for the work, and a narrative letter that was submitted with theapplicatlon. As 1 mentioned, the grading will occur to the northeast of the plpelirte-The design of the grading maintains existing elevationswithin the wllbantseas-ement, This is most -readily seen an the Cross Section on street CLIC—where the easement Is shown. For the benefit of the City, would you please reply to this e-mail with either yourapproval of the planned work, or specific conditions that wilt need to be compiled with during construction? As always, thank you for you asslntarKe, Don't heskate to let me know if you have a my questions. Regards, /.01 the cartel Group, Inc. anertrSSukp taa 19 f#�i,�176o5. lwE pb, 2t+a 4a4--441 ¢+6 m hx.2W 09-a Jason Rertsmar Ptarezifanal rnglneea csoe , � nim .eeL enmJFar+w,Mebn.: m,n�.c,r,.. if Southridge Subdivision Gravel Mining CUP -10-015 PAGE 1 I EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 No material shall be removed from the 75 -foot wide Williams Pipeline easement. Further, heavy equipment shall not cross the pipeline or pipeline easement during the mining of the property. The finished slope adjacent to the easement shall not exceed 3:1 (33%). Per letter from Gordon Hamilton, Northwest Pipeline, included in Exhibit A.4. 1.1.2 The work hours for mass grading, gravel extraction, rock crushing, loading and hauling shall be limited to non -holiday weekdays (Monday thru Friday) between the hours of 8:00 a.m. and 5:00 p.m., unless otherwise modified by the Commission or City Council. If the hours of operation are modified, work shall not occur between the hours of 11:00 p.m. and 6:00 am that would create a public disturbance in accord with Meridian City Code 6-3-6. The Commission approved oveerations shall occur between the hours of 8 am and 5 pm on non -holiday weekdays (Monday thru Friday). 1.1.3 The applicant shall submit a bid for the cost of completing the reclamation of the site and surety in the form of cash, bond, or a letter of credit for 110% of the amount of the bid to ensure the site is graded as shown on the grading plan attached in Exhibit A.3 and re -vegetated at the end of the mining project, in accord with UDC 11-5C-3. 1.1.4 Work on the site shall be conducted in phases, limiting the areas of the site where work is active at any one time to isolated areas within the overall property. The applicant shall maintain vegetation on the site on phases not actively being mined through planting new vegetation or maintaining vegetation in areas where grading is complete. Vegetation shall be a species that binds the soil but does contain noxious weeds or grow to a height to constitute a nuisance or fire hazard in accord with MCC 4-2-2. Vegetation shall be irrigated to maintain viability of the selected plant material. 1.1.5 Noise created from the proposed use shall not create a public disturbance between the hours of 11:00 p.m. and 6:00 am or at any time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of others in accord with Meridian City Code 6-3-6. 1.1.6 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B and the existing development agreement for this site. 1.1.7 The extraction area shall be watered daily as often as necessary to reduce dust impacts to surrounding properties. Haul roads shall have a durable and dust free surface and shall be graded to drain all surface water away from the haul roads and shall be confined to the subject site. 1.1.8 Upon reclamation of the final phase, all temporary structures shall be removed from the property, except for property line fences or walls. Any contaminated soils shall be properly recycled or disposed. 1.1.9 The applicant shall provide documentation (from the appropriate agency) that the proposed mining operation and reclamation plan comply with federal and state regulations in regard to air and water quality and site reclamation prior to issuance of a Certificate of Zoning Compliance. 1.1.10 The extraction areas shall be designed to create a meandering edge. Southridge Subdivision Gravel Mining CUP -10-015 PAGE 12 EXHIBIT A 1.1.11 No pond shall be constructed within two hundred (200) feet of any existing septic system or designated septic system replacement area. Additionally, no scarp (slope greater than 45%) shall be created within seventy-five (75) feet of the septic drain fields that serve the adjacent dwellings. (Per Mike Reno, Central District Health D&partment) 1.1.12 The applicant shall comply with all requirements of "Best Management Practices for Mining in Idaho", published by the Idaho Department of Lands. 1.1.13 The slope of the proposed ponds shall be less than or equal to three to one (3:1) (horizontal:vertical) for accessibility and maintenance in accord with UDC 11 -3B -11C.6. The ponds shall be maintained such that they do not become a mosquito breeding grounds in accord with UDC 11-313-9: 1.1.14 The applicant shall show the extraction and reclamation/re-vegetation phasing plan on the master site plan submitted withtheCertificate of Zoning Compliance application. 1.1.15 The reclamation/re-vegetation plan for each phase shall be implemented as soon as the subject area is depleted of resources or when the allowed time has ended, whichever occurs first. 1.1.16 The applicant shall submit a letter from the Idaho Department of Lands confirming approval of the reclamation plan and acceptance of the reclamation bond with submittal of the Certificate of Zoning Compliance application. 1.1.17 A temporary erosion control plan shall be submitted to the Planning Department with the Certificate of Zoning Compliance application demonstrating measures are in place to prevent erosion during mining activities. 1.1.18 The applicant shall obtain a permit from the Department of Environmental Quality for the operation of a rock crusher on the site. A copy of the permit shall be submitted with the Certificate of Zoning Compliance application. 1.1.19 The applicant shall comply with all notices and compliances required by, but not limited to, Federal, State, City laws and regulations applicable to the proposed use. 1.1.20 Topsoil containing organic matter favorable for plan growth shall be salvaged for replacement at the end of the project. 1.1.21 The Applicant is required to submit a Certificate of Zoning Compliance prior to establishment of the proposed use to ensure compliance with all conditions of approval and provisions of the Unified Development Code. 1.1.22 The proposed use shall be allowed for a maximum of 18 months (until August 3, 20121 from the date of approval of the findings (February 3, 2011). All reclamation of the site shall be completed prior to the end of the approved term of use. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval Southridge Subdivision Gravel Mining CUP -10-015 PAGE 13 EXHIBIT A 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-513-6G. The applicant shall contact Planning Department staff regarding any proposed modification and/or transfer of ownership. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-513-6F1 or 2) gain approval of a time extension as set forth in UDC 11 -5B -6F4. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on this application. 3. FIRE DEPARTMENT 3.1 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: a. All radii shall be 28' inside and 48' outside radius. b. The driveways shall have a 20' wide driving surface available at all times. c. The most remote portion of any structure as measured around the perimeter shall be within 150' of a fire lane or paved surface capable of supporting 75,000 lbs. d. Driveways greater than 150' in length shall be provided with an approved tum -around. e. The storage of any Hazardous Materials and Flammable/ Combustible Liquids will have to comply with the requirements of the International Fire Code/ 4. POLICE DEPARTMENT 4.1 The applicant shall comply with all City ordinances including noise (MCC 6-3-6). 5. SANITARY SERVICES 5.1 SSC has no concerns related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no concerns on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 The applicant shall pave the driveway located approximately 975 feet east of the Overland Road/Ten Mile Road intersection its full width at least 30 feet into the site beyond the edge of pavement. 7.2 The applicant is required to provide a stabilized construction entrance for trucks entering and exiting the site. Southridge Subdivision Gravel Mining CUP -10-015 PAGE 14 EXHIBIT A C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-2, R-4, and R-8 zoning districts (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and In accord with the requirements of this Title. The Commission finds the proposed use will ultimately prepare the site for future residential development, which is harmonious with the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Mass grading has previously been conducted on the property to the north of the site across Overland Road; excess material from that site was implemented in the construction of the Ten Mile overpass. Because of the site's proximity to regional transportation infrastructure, the Commission finds the proposed use is compatible with neighboring uses. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use should not adversely affect other properties in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds the proposed use will be adequately served by essential public facilities. The mass grading and material export aspects of the project have limited public facility needs, mainly consisting of access to public streets; the site has direct access to Overland Road. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any costs associated with the proposed use. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. Southridge Subdivision Gravel Mining CUP-] 0-015 PAGE 15 EXHIBIT A g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission recognizes that construction traffic will increase with the approval of the proposed use in this location; however, the Commission does not believe that the amount generated will be detrimental to the general welfare of the public since the Comprehensive Plan and UDC anticipated the site to be developed with residential uses. If the applicant complies with the conditions of approval in the staff report, the Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission finds that the proposed use will not be detrimental to people, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. i. That the duration and intensity of the proposed mining activities are appropriately addressed in the conditions of approval. The Commission finds the conditions of approval contained in Exhibit B of this report limit the term of the proposed use to 18 months and address the intensity of the proposed use. j. That the environmental impacts of the proposed mining activities are appropriately addressed in the conditions of approval, including but not limited to dust, groundwater safety, stormwater runoff, slope stability, and preservation of natural resources. The Commission has included conditions of approval requiring the applicant to submit documentation from applicable agencies that the proposed use is in compliance with all federal and state regulations in regard to air and water quality and site reclamation. C TitleOne a title & escrow co. ACCOMMODATION -.1 RECORDING For Value Received, ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 22.00 5 BOISE IDAHO 12/02/10 03:09PM DEPUTY NIkola Olson RECORDED -REQUEST OF 111111111111111111111111lllllllllllllilllltllllll1111 11111llll TITLEONE BOISE 110113590 WARRANTY DEED Dyver Development, LLC; an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, Corey Barton Homes, Inc, an Idaho corporation dba CBH Homes, whose current address is 1977 E Overland Rd Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: See the attached El xhiblt A — Parcel 5 (Southridge Parcel 7B) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, casements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December, 2010 Corey Barton Ho es, I'c., an Idaho corporation dba CBH Homes -' Corey D. Barton, President Warranty Deed Page 1 of 5 ELECTRONICALLY RE a,= C09C,�D STAMPCD F7RS`r PAGE NOW T l t l e 0 n ONCORPORATED AS PART 0" a title S escrow coTliE ORIGINAL DOCUMENT. ACCOMMODATION RECORDING WARRANTY DEED For Value Received, Dyver Development, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, Corey Barton Homes, Inc, an Idaho corporation dba CBH Homes, whose current address is 1977 E_ Overland Rd Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: See the attached Exhibit A — Parcel 5 (Southridge Parcel 7B) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December, 2010 Corey Barton Ho s,11 an Idaho corporation dba CBH Homes BY: Corey D. Barton, President Warranty Deed Page 1 of 5 State of Idaho, County of Ada, ss. On this CPJ day of December in the year of 2010, before me, the undersigned, allotary Public in and for said State, personally appeared Corey D. Barton known or identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. Notary Public Residing at; 1VGMO,-4, T) My Commission Expires: Warranty Deed Page 2 of 5 EXHIBIT A Parcel 5 (Southridge Parcel 7B): A tract of land situated in the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at a found 5/8 -inch steel pin monumenting the Center One Quarter of said Section 23, from which a found brass cap monumenting the West One Quarter of said Section 23 bears North 89°04'17" West a distance of 2,666.56 feet; Thence following the southerly line of the Northwest One Quarter of Section 23, North 89004'17" West a distance of 1,832.01 feet to a found 1/2 -inch steel pin; - Thence leaving said southerly line, North 22°09'32" West a distance of 520.19 feet to a 5/8 -inch steel pin; Thence North 25°08'21" East a distance of 30.00 feet to a 5/8 -inch steel pin; Thence 111.19 feet along the arc of a non tangent curve to the right, said curve having a radius of 50.00 feet, a central angle of 127°24'36", a chord bearing of South 82°2642" East and a chord distance of 89.65 feet to a 5/8 -inch steel pin; Thence 30.77 feet along the are of a reverse curve to the left, said curve having a radius of 25.00 feet, a central angle of 70°3 P44", a chord bearing of South 54°00'16" East and a chord distance of 28.87 feet to a 5/8 -inch steel pin; Thence South 89°16'08" East a distance of 58.64 feet to a 5/8 -inch steel pin; Thence 25.41 feet along the arc of a circular curve to the left, said curve having a radius of 20.43 feet, a central angle of 71'15'53 ", a chord bearing of North 54°13'05" East and a chord distance of 23.80 feet to a 5/8 -inch steel pin; Thence 184.71 feet along the arc of a reverse curve to the right, said curve having a radius of 233.34 feet, a central angle of 45°21'22", a chord bearing of North 41°15'50" East and a chord distance of 179.93 feet to a 5/8 -inch steel pin; Thence North 47°39'35" West a distance of 157.73 feet to a 5/8 -inch steel pin on the southerly right-of-way line of said West Overland Road; Thence following said southerly right-of-way line the following six (6) courses: 1.420.42 feet along the are of a non tangent curve to the left, said curve having a radius of 1,050.50 feet, a central angle of 22°55'49", a chord bearing of North 58°5749" East and a chord distance of 417.62 feet to a 5/8 -inch steel pin; 2. 288.12 feet along the arc of a non tangent curve to the left, said curve having a radius of 1,047.00 feet, a central angle of 15°46'02", a chord bearing of North 38°26'04" East and a chord distance of 287.21 feet to a 5/8 -inch steel pin; 3. 393.88 feet along the arc of a non tangent curve to the left, said curve having a radius of 1,044.50 feet, a central angle of 21°36'21", a chord bearing of North 20°56'21" East and a chord distance of 391.55 feet to a 5/8 -inch steel pin; 4. North 10°08'10" East a distance of 231.17 feet to a 5/8 -inch steel pin; 5. South 75°06'37" East a distance of 6.36 feet to a 5/8 -inch steel pin; 6. North 14053'23" East a distance of 79.42 feet to a 5/8 -inch steel pin on the centerline of the Ridenbaugh Canal; Warranty Deed Page 3 of 5 Thence leaving said southerly right-of-way line and following the centerline of said Ridenbaugh Canal following three (3) courses: 1. North 69°37'00" East a distance of 34.90 feet to a point; 2. 320.04 feet along the arc of a circular curve to the right, said curve having a radius of 375.00 feet, a central angle of 48°53'57", a chord bearing of South 85°56'02" East and a chord distance of 310.42 feet to a point; 3. South 61029'03 " East a distance of 150.70 feet to a point; Thence leaving the centerline of said Ridenbaugh Canal, North 0°48'16" East a distance of 90.37 feet to a 5/8 -inch steel pin on the northerly easement line of the Ridenbaugh Canal; Thence following the northerly easement line of said Ridenbaugh Canal following eight (8) courses: 1. South 61'29'03" East a distance of 118.75 feet to a 5/8 -inch steel pin; 2. 14.24 feet along the arc of a circular curve to the left, said curve having a radius of 320.00 feet, a central angle of 2°32'56", a chord bearing of South 62°45'31" East and a chord distance of 14.23 feet to a 5/8 -inch steel pin; 3. South 64°01'59" East a distance of 330.62 feet to a 5/8 -inch steel pin; 4. 46.42 feet along the arc of the circular curve to the left, said curve having a radius of 320.00 feet, a central angle of 08°1842", a chord bearing of South 68°11'20" East, and a chord distance of 46.38 feet to a 5/8 -inch steel pin; 5. South 72°20'41" East a distance of 150.79 feet to a 5/8 -inch steel pin; 6.276.48 feet along the arc of a circular curve to the right, said curve having a radius of 230.00 feet, a central angle of 68°52'25", a chord bearing of South 37°54'30" East and a chord distance of 260.13 feet to a 5/8 -inch steel pin; 7. South 86031'43" West a distance of 10.00 feet to a 5/8 -inch steel pin; 8. South 03028'17" East a distance of 411.33 feet to a 5/8 -inch steel pin; Thence leaving said northerly easement line, South 86°31'43" West a distance of 260.50 feet to a 5/8 -inch steel pin; Thence North 15°07'20" West a distance of 122.50 feet to a 5/8 -inch steel pin; Thence 77.62 feet along the are of a non tangent curve to the right, said curve having a - radius of 80.00 feet, a central angle of 55°35'25", a chord bearing of South 79054'50" West and a chord distance of 74.61 feet to a 5/8 -inch steel pin; Thence North 72°17'28" West a distance of 172.84 feet to a 5/8 -inch steel pin; Thence South 20°11'27" West a distance of 103.24 feet to a 5/8 -inch steel pin; Thence South 56°38'44" West a distance of 124.08 feet to a 5/8 -inch steel pin; Thence South 52°09'30" West a distance of 119.99 feet to a 5/8 -inch steel pin; Thence 41.31 feet along the are of a circular curve to the left, said curve having a radius of 875.00 feet, a central angle of 02°42'17", a chord bearing of North 39°10'38" West, and a chord distance of 41.30 feet to a 5/8 -inch steel pin; Thence South 49°27'42" West a distance of 50.00 feet to a 5/8 -inch steel pin; Thence 31.97 feet along the arc of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 91'34'54", a chord bearing of South 05°15'42" West and a chord distance of 28.67 feet to a 5/8 -inch steel pin; Thence South 36°01'32" East a distance of 50.07 feet to a 5/8 -inch steel pin; Warranly Deed Page 4 of 5 Thence 3 3. 10 feet along the are of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 94°49'57", a chord bearing of South 81 °31'52" East and a chord distance of 29.45 feet to a 5/8 -inch steel pin; Thence 279.37 feet following the arc of a compound curve to the right, said curve having a radius of 825.00 feet, a central angle of 19°24'07", a chord bearing of South 24°24'59" East and a chord distance of 278.04 feet to a 5/8 -inch steel pin; Thence 234.43 feet along the are of a reverse curve to the left, said curve having a radius of 300.00 feet, a central angle of 44°46'24", a chord bearing of South 37006'07" East and a chord distance of 228.51 feet to a 5/8 -inch steel pin; Thence South 27°03'51" West a distance of 100.18 feet to a 5/8 -inch steel pin; Thence South 08'l T5 1 " West a distance of 108.82 feet to a 5/8 -inch steel pin; Thence South 89°03'34" East a distance of 204.56 feet to a 5/8 -inch steel pin; Thence 47.74 feet along the arc of a circular curve to the left, said curve having a radius of 3 0. 00 feet, a central angle of 91°10'32", a chord bearing of North 45°21'10" East and a chord distance of 42.86 feet to a 5/8 -inch steel pin; Thence North 00'14'06" West a distance of 93.31 feet to a 5/8 -inch steel pin; Thence 27.66 feet along the are of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 79°13'53", a chord bearing of North 39°51'03" West and a chord distance of 25.51 feet to a 5/8 -inch steel pin; Thence 172.88 feet along the are of a non tangent curve to the left, said curve having a radius of 508.91 feet, a central angle of 19°27'50", a chord bearing of South 89°11'55" East and a chord distance of 172.05 feet to a 5/8 -inch steel pin; Thence 21.93 feet along the are of a reverse curve to the right, said curve having a radius of 398.28 feet, a central angle of 03°09'17", a chord bearing of North 82°38'49" East and a chord distance of 21.93 feet to a 5/8 -inch steel pin on the easterly line of the Northwest One Quarter of said Section 23; Thence following the easterly line of said Northwest One Quarter, South 00°37'47" West a distance of 331.56 feet to the POINT OF BEGINNING. Warranty Deed Page 5 of 5 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 22.00 5 BOISE IDAHO 12/02/10 03;09PMDEPUTY Vicki A Allen IIII IIII RECORDED -REQUEST OF TITLECNE BOISE 110113591 TitleOne a Utle 3 escrow co. AceemmeD0 r0, f �EGORNNG WARRANTY DEED For Value Received, Dyver Development, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, Corey Barton Homes, Inc., an Idaho . corporation db4,CBHHomes, whose current address is 1977 E Overland Rd Meridian, ID 83642, the Grantee, the following describedpremises, in Ada County, Idaho, To Wit: See the attached Exhibit A — Parcel l (Southridge Estate Lots) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that. Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, . dud applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever, Whenever the context so requires, the singular number includes the plural. Dated: December 2010 Corey Barton Homes`, Inc, an Idaho corporation dba CBH Homes BY: Corey D. Barton, rosiderd Warranty Deed Page 1 of 5 TitleO_ne a title & escrow co.. EL CTRONICAL,LV STAMPED FIRS'i P. -et INCORPORATED Ar` P `• YM ORIGINAL LtL t ^r .. J., IXYI\•■&\ r r — f yECORNNG WARRANTY DEED For Value Received, Dyver Development, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, Corey Barton Homes, Inc., an Idaho corporation dba CBH Homes, whose current address is 1977.E Overland Rd Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: See the attached Exhibit A — Parcel 1 (Southridge Estate Lots) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December 2010 Corey Barton Homes, Incl, an Idaho corporation dba CBH Homes BY: Corey D. Barton,)?resident warranty Deed Page i of 5 State ofidaho, County of Ada, ss, On this day of December in the year of 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D. Barton known or identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. LSUdLv Notary Public Residing at: a it7 QG My Commission Expires: Warranty Deed Page 2 of 5 Exhibit A Parcel 1 (Southridge Estate Lots): A tract of land situated in the South One Half of the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at a 5/8 -inch steel pin monumenting the Center One Quarter Corner of said Section 23, from which a 5/8 -inch steel pin monumenting the East One Quarter of said Section 23 bears South 89°02'56" East a distance of 2,658.97 feet; Thence following the westerly line of the Northeast One Quarter of said Section 23, North 00°37'47" East a distance of 331.56 feet to a point; Thence leaving the westerly line of said Northeast One Quarter, 21.93 feet following the are of a non tangent curve to the left, said curve having a radius of 398.28 feet, a central angle of 03°09'17", a chord bearing of South 82°38'49" West and a chord distance of 21.93 feet to a point; . Thence 172.88 feet following the are of a reverse curve to the right, said curve having a radius of 508.91 feet, a central angle of 19°27'50", a chord bearing of North 89°11'55" West and a chord distance of 172.05 feet to a point; Thence 27.66 feet following the are of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 79°13'53 ", a chord bearing of South 39°51'03" East and a chord distance of 25.51 feet to a point; Thence South 00°14'06" East a distance of 93.31 feet to a point; Thence southwesterly 47.74 feet following the arc of a circular curve to the right, said curve having a radius of 30.00 feet, a central angle of 91 °l0'32", a chord bearing of South 45°21'10" West and a chord distance of 42.86 feet to a point: Thence North 89°03'34" West a distance of 204.56 feet to a point; Thence North 08'1 T5 1 " East a distance of 108.82 feet to a point; Thence North 27°03'51" East a distance of 100.18 feet to a point; Thence 234.43 feet following the are of a non tangent curve to the right, said curve having a radius of 300.00 feet, a central angle of 44°46'24", a chord bearing of North 37°06'08" West and a chord distance of 228.51 feet to a point; Thence 279.37 feet following the are of a reverse curve to the left, said curve having a radius of 825.00 feet, a central angle of 19°24'07", a chord bearing of North 24°24'59" West and a chord distance of 278.04 feet to a point; Thence 33.10 feet following the arc of a compound curve to the left, said curve having a radius of 20.00 feet, a central angle of 94°49'57", a chord bearing of North 81131'53 West and a chord distance of 29.45 feet to a point; Thence North 36°01'32" West a distance of 50.07 feet to a point; Thence 31.97 feet following the arc of a non tangent curve to the left, said curve having a radius of 20.00 feet, a central angle of 91°34'54", a chord bearing of North 05°15'43" East and a chord distance of 28.67 feet to a point; Thence North 49°27'42" East a distance of 50.00 feet to a point; Warranty Deed Page 3 of 5 Thence southeasterly 41.31 feet following the arc of a curve to the left, said curve having a radius of 875.00 feet, a central angle of 2°42'17", a chord bearing of South 39°10'38" East, and a chord distance of 41.30 feet to a point; Thence North 52109'30" East a distance of 119.99 feet to a point; Thence North 56°38'44" East a distance of 124.08 feet to a point; Thence North 20'1 P27" East a distance of 103.24 feet to a point; Thence South 72°17'28" East a distance of 172.84 feet to a point; Thence easterly 77.62 feet following the are of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 55°35'25", a chord bearing of North 79054'50" East and a chord distance of 74.61 feet to a point: Thence South 15°07'20" East a distance of 122.50 feet to a point; Thence North 86°31'43" East a distance of 260.50 feet to a point on the easterly easement line of the Ridenbaugh Canal; Thence following the easterly easement line of said Ridenbaugh Canal, North 03°28'17" Wester distance of 222.79 feet to a point; Thence leaving said easement line, South 56°31'59" East a distance of 159.58 feet to a point on the easterly easement line of said Ridenbaugh Canal; Thence following the easterly easement line of said Ridenbaugh Canal the following five courses and distances: 1. 316.45 feet following the are of a non tangent curve to the right, said curve having a radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of South 83°12'27" East and a chord distance of 284.46 feet to a point; 2. South 37°52'47" East a distance of 369.30 feet to a point; 3. Southerly 480.10 feet following the arc of a circular curve to the right, said curve having a radius of 370.00 feet, a central angle of 74°20'42", a chord bearing of South 00°42'26" East and a chord distance of 447.12 feet to a point: 4. South 36°27'55" West a distance of 34.82 feet to a point; 5. Thence southerly 44.56 feet following the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 31'54'43 ", a chord bearing of South 20°30'33" West and a chord distance of 43.98 feet to a point: Thence leaving said easterly easement line, North 89°02'52" West a distance of 70.07 feet to a point on the centerline of said Ridenbaugh Canal; Thence following the centerline of said Ridenbaugh Canal the following courses and distances: 1. 52.81 feet following the arc of a non tangent curve to the left, said curve having a radius of 150.00 feet, a central angle of 20°10'12", a chord bearing of South 07°12'47" East and a chord distance of 52.53 feet to a point; 2. South 17°17'53" East a distance of 110.54 feet to apoint; 3. Southerly 129.34 feet following the arc of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle of 49'24'12", a chord bearing of South 07°24'13" West and a chord distance of 125.37 feet to a point: 4. South 32°06'19" West a distance of 21.67 feet to a point on the southerly line of the North One Half of said Section 23; Thence leaving said centerline and following the southerly line of the Nor One Half of said Section 23, North 89102'56" West a distance of 712.43 feet to the POINT OF BEGINNING. warranty Deed Page 4 of 5 EXCEPTING THEREFROM: A tract of land situated in the Southwest One Quarter of the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the North One.Quarter of said Section 23, from which a found 5/8 -inch steel pin monumenting the Center One Quarter Comer of said Section 23 bears South 00°37'47" West a distance of 2,637.73 feet; Thence following the westerly line of the Northeast One Quarter of said Section 23, South 00°37'47" West a distance of 1,937.38 feet to a point; Thence leaving said westerly line, South 89°22'13" East a distance of 515.14 feet to a found 1/2 -inch steel pin being the POINT OF BEGINNING. Thence North 63°36'24" East a distance of 159.86 feet to a found 1/2 -inch steel pin on the southwesterly right-of-way line of the Ridenbaugh Canal; Thence following said southwesterly right-of-way line, South 37°52'47" East a distance of 53.06 feet to a point; Thence following said southwesterly right-of-way line, southeasterly 123.81 feet following the arc of a circular curve to the right, said curve having a radius of 240.00 feet, a central angle of 29°33'24", a chord bearing of South 23°06'05" East and a chord distance of 122.44 feet to a found 1/2 -inch steel pin; Thence leaving said southwesterly right-of-way line, South 67111'20" West a distance of 158.98 feet to a found 1/2 -inch steel pin; Thence North 27147'39" West a distance of 147.67 feet to a point; Thence northwesterly 16.72 feet following the arc of a circular curve to the left, said curve having a radius of 197.50 feet, a central angle of 04°51'03 ", a chord bearing of North 30°13'10" West and a chord distance of 16.72 feet to the POINT OF BEGINNING, Waaanly Deed Page 5 of 5 C, QWE IDIAN�-- IDAHO 33 E. Broadway Ave. • Meridian, Idaho 83642 208/888-4433 Applicant Date — Address 100 j Phone Y � L I I f R VIA I I ce N I �2 � ` a I I � iz W Z I TAX I I ^^ TOTAL N PAYMENT DOES NOT INDICATE m -21019 Received . 9� � N N N W O i I � ¢ a I w A I i i i rV i. m I. O is 0 ru Lrl j i- 0 -_ - -: rte:. i 0 j ru I rrl ru Z Zp �.N2 to v� _> <00. yWLd NF-' U fLl S� ¢- 7 LJ o Q YU` /►��. o Qo N �< w a I C, QWE IDIAN�-- IDAHO 33 E. Broadway Ave. • Meridian, Idaho 83642 208/888-4433 Applicant Date — Address 100 l Phone CHECK # NAME ON CHECK I DIFFERENT THAN APPLICANT— CLAN. DESCRIPTIONAMOUNT -/ / 7-4- � L I I I I I I I I I I I I I TAX I TOTAL I �� PAYMENT DOES NOT INDICATE CC TANCE OF APPLICATION -21019 Received . 9� 55747 p // �/LCG/1�/G �JOLG Page 1 of 1 Sonya Watters From: Sonya Watters Sent: Monday, April 11, 2011 3:05 PM M _e To: ryan.russell@stakerparson.com; Jason D nsmer Cc: Peter Friedman Subject: Southridge - Backup Beepers Tracking: Recipient Read ryan.russell@stakerparson.com Jason Densmer Peter Friedman Read: 4/11/20113:09 PM Ryan, I read the minutes from the hearing on January 20th & Commissioner Rohm expressed concern about the back-up beepers.... Jason responded, "But with that exact concern, Idaho Sand's equipment uses visual backup. They are blinking lights instead of beepers. They don't have beepers" I believe it's safe to assume from that statement that the neighbors, as well as City Staff, were under the impression there would be no back-up beepers used on the site during the day or night. You mentioned in your voicemail to me earlier today that Osha requires back-up beepers; it appears they also allow an observer to signal when it's safe to back up as an alternative (see below). 1926.601(b)(4) No employer shall use any motor vehicle equipment having an obstructed view to the rear unless: 1926.601(b)(4)(i) The vehicle has a reverse signal alarm audible above the surrounding noise level or: 1926.601(b)(4)(11) The vehicle is backed up only when an observer signals that it is safe to do so. Please let me know if this is a viable alternative to back-up beepers. If so, please start using this safety method immediately so as to keep peace with your residential neighbors. :o) If not, call me to discuss. Thanks, sowua wattem Associate City Planner City of Meridian - Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 208.884.5533 ph. / 208.888.6854 fax 4/12/2011 THE LAND GROUP, INC. December 3, 2010 Planning & Development City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Re: Conditional Use Permit Application — Idaho Sand & Gravel Southridge Subdivision, Meridian, Idaho Dear Sirs: We are pleased to attach the required submittal materials associated with a requested Conditional Use Permit for Idaho Sand and Gravel. The site is located south of the re -aligned Overland Rd, and east of Ten Mile Rd within future development areas of the Southridge Subdivision. The area involved with this application is approximately 76 -acres. The project area is bounded on the north by the Ridenbaugh Canal and Overland Rd. On the west and south, large -lot residential parcels exist. On the western perimeter of the work area, the Williams Pipeline crosses the Southridge Subdivision, but no mass grading will occur within this easement area. Conditional Use Permit: The property owner desires to conduct mass grading of the property to achieve a more gentle overall landform and facilitate the planned residential subdivision. As shown by the submitted site plan, at completion of the grading the finished topography will slope generally to the northeast. Construction of the desired grading will result in excess material that will need to be exported from the property. Geotechnical testing of the native soils at the site have shown that these excess materials are of excellent quality for use in road construction. The most appropriate use for the export material Is as gravel and structural fills for State and Local -road agency projects, which are anticipated in the project vicinity in coming years. The suitability of the site materials for use in roadway projects has already been confirmed by ITD's approval. Included in the materials reviewed by ITO prior to their approval were geological and archaeological reports, which are attached to support this application. Perimeter Fencing Prior to initiating the mass grading, the Applicant will construct perimeter fencing in the selected areas as shown on the site plan. These fences will provide perimeter security and visual screening of the operations at the site. At the access to the site from Overland Rd, a temporary gate will be installed to help secure the property and limit trespass or vandalism. Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 - F 208.939.4445 • www.thelandgroupinc.com December 3, 2010 Page 2 of 3 Equipment and Methods The mass grading will be completed using construction equipment typical of road and infrastructure construction. During the short periods when site overburden is being stripped, work will be performed with dozers and scrapers, with occasional support from excavators or rock trucks. Throughout, water trucks and graders may be needed. Day-to-day operations during the material exporting will be accomplished primarily using loaders and dump trucks. Water trucks will be onsite. Material leaving the site will be measured using a portable scale (which includes a small scale house for the operator). Operating Hours Normal work hours for mass grading, gravel extraction, loading and hauling will be limited to the hours of 8am to 5pm on non -holiday weekdays. No work would occur on weekends or holidays. The ITD and ACHD roadway projects that exported material will be used for often require night-time operations to better accommodate the public. On a case-by-case basis, we request approval for extended working hours up to 24-hour operation when required to serve specific projects, subject to specific reasonable conditions. Prior to beginning twenty-four hour operation the applicant will provide a minimum of 2 -week advancedwritten notification to the City of Meridian and property owners within 300 -ft of the subject property. This notification will identify the specific project that mined materials are being provided to, and describe the total duration that extended hours are expected to be necessary. Work to be conducted outside of the normal work hours (Sam to Spm, Monday through Friday) will be limited to loading of material, weighing at scales and dust -control as necessary. In no case will crus i g be performed outside of normal work hours. The applicant's equipment uses OSHA -approved visible back-up warnin indicators to eliminate the annoyance commonly associated wit au I acku 'beepers_ The total length of time anticipated to complete the mass grading work will vary, dictated in part by the pace of roadway projects that the exported material can be used to construct. At this time, it is expected that the mass grading will take at least three years to complete. Site Reclamation/ Dust Abatement/ Work Sequencing The work will be conducted in phases, limiting the areas of the site where work is active at any one time to isolated areas within the overall property. Because accessing the suitable export materials will require stripping vegetation and overburden soils, fugitive dust from the work areas can be limited through this phased approach that allows vegetation to be retained on the remaining inactive areas. To date, significant effort has been expended in seeding and watering this project area to help establish vegetative cover to provide dust control. As the mass grading continues, the irrigation and seeding will be maintained over the inactive work areas to ensure the same levels of dust control are employed. At the completion of the project mass grading, the site will be prepared for the development of the Southridge Subdivision. Applicant's Determination of Required Findings: As required by Meridian UDC 11 -5B -6E, we are aware that in approving this Conditional Use Permit the City must make the certain findings. We believe that these findings are appropriate as follows: 1. That the site is large enough to accommodate the proposed use and meet all dimensional and development regulations In the district in which the use Is located. Site Planning - Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering - Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com December 3, 2010 Page 3 of 3 The size of the site is sufficient for the proposed use, and the use meets all dimensional and development regulations for the districts existing at the site. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. In preparing the site for future residential development, the use Is harmonious with the comprehensive plan and consistent with the requirements of the UDC. 3. That the design, construction, operation and maintenance will be compatible with the other uses In the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the some area. Other significant mass grading has previously been conducted on property lying immediately north of the site across Overland Rd. Excess material from that area was Implemented in the ongoing construction of the Ten Mile Overpass. The proximity of the site to regional transportation Infrastructure, and compatibility with the other similar uses In the area show the compatibility of the proposed use with the neighboring surroundings. At completion of the mass grading, reclamation of the site through residential development will also be compatible with the neighborhood and Intended character of the project vicinity. 4. That the proposed use, If it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. By implementing the work practices, perimeter fencing for screening, phased work methods for vegetation preservation and similar strategies described by this application, the proposed use will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water and sewer. The proposed use will be adequately served by essential public facilities. The mass grading and material export aspects of the project have limited public facility needs, mainly consisting of access to public streets — which the site's location on Overland Rd and adjacent to Ten Mile Rd provide. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The proposed use will not create excessive additional costs for public facilities or services, nor will it be detrimental to any person, property or the general welfare through excessive production of traffic, noise, smoke, fumes, glare or odor. 7. That the proposed use will not result In the destruction, loss or damage of a natural, scenic or historic feature considered to be of motor importance. As documented by the submitted Information, the proposed use will not result In the destruction or loss of natural, scenic or historic features of major Importance. Please contact me if you have any questions, or need further information. Sincerely, J son ensmer, PE Land Group, Inc. Enclosures per CUP application requirements. i Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com Meridian Planning & Zoning January 20, 2011 Page 16 of 32 Freeman: Are there any other questions of the applicant? Rohm: I just have one. Freeman: Commissioner Rohm. Rohm: And -- front-end loaders, every time they back up they have a beeper on them and you can hear that beeper for miles and whether it's -- they are doing it between 8:00 and 5:00 or they are loading a truck in the middle of the night or extended hours, that -- that sound is prevalent and -- Densmer: Yes. Backup beepers, of course, are an important safety mechanism. Rohm: I know that. Densmer: But with that exact concern, Idaho Sand's equipment uses visual backup. They are blinking lights instead of beepers. They don't have beepers. Rohm: Thank you. That's the answer I wanted to hear. That's a great answer. Thank you very much. Freeman: Are there any other questions? Yearsley: I have a few. Freeman: Commissioner Yearsley. Yearsley: How much material are you anticipating mining out of this site? Densmer: It varies a little bit, because of the overburden and I don't recall the exact quantity. Around 500,000 yards. Yearsley: I have got a couple of concerns. On the three -to -one slope that you're proposing along the southern border, how are you planning to mitigate for that not looking like a huge scar face and what is to be done with that? Is that to become owned by property owners or what's to be done with that? Densmer: Yes. Through my involvement with the original entitlement approval of Southridge that south property line along the Val Vista and Aspen Cove Subdivisions was always kind of a matter of sensitivity. It's a border between two very different lot sizes and the homeowners to the south enjoy their views of the Boise front, it's just an awesome view from there. By reducing or by lowering that area of the site we are able to set the Southridge Subdivision down far enough that new homes and fences and those kind of things will be below the view lines of our neighbors to the south. As far as stabilizing the three -to -one slope, we will be replacing the top soil over it and, then, it will Meridian Planning 8 Zoning January 20, 2011 Page 30 of 32 we will see that happen. But I would not like to see operations, even just the extraction of gravel from the site happening as late as 11:00 p.m. I would be uncomfortable with that. Commissioner Marshall, you were going to comment again? Did I -- Marshall: No. I'm good. Freeman: Okay. Any other comments? Discussion? Rohm: I think that from the comments of the Commission that we can still extend the hours of extraction of materials from the site, but just limit it to that which is acceptable by the balance of the Commission and from input from the public. So, if, in fact, we just go from 6:00 a.m. to 6:00 p.m. or 7:00 p.m., whatever the number -- whoever makes the motion and not extend it all the way to 11:00, then, we have addressed the issue of the applicant needing to have opportunities and also the concerns of the public as a whole. So, I think that to say from 6:00 a.m. until 6:00 p.m. might be a healthy compromise. Freeman: 6:00 a.m. -- and you're saying for those times that is for the removal of the material. Rohm: For the removal of material -- Freeman: Not for crushing and scraping -- Rohm: -- not for the -- not for the crush, right. Freeman: We are going to keep that at 8:00 to 5:00. Okay. Any other discussion? O'Brien: I agree with that. Freeman: Can I get a motion? Rohm: Commissioner Marshall, I think you're the guy that's best at this. Marshall: I think you guys got it down. I think -- Rohm: All right. I might need some help from staff on this, but I'm going to take a stab at it here. After considering all staff, applicant, and public testimony. I move to approve file number CUP 10-015 as presented in the staff report for the hearing date of January 20th, 2011, with the following modifications: That the removal of materials shall be granted an extension of hours from 6:00 a.m. to 6:00 p.m., Monday through Friday. All other operations within the application will concur with the hours as stated in the staff report. Freeman: Yeah. Would you like to add the bond additional modification? Meridian Planning & Zoning January 20, 2011 Page 31 of 32 Rohm: The addition of the bond as stated by the staff during their testimony would also be included. And, then, the last item would be all reclamation of the site to be completed prior to the end of the approved term of use. And I believe that's the end of motion. O'Brien: Clarification, please. Just for the -- just for the record, could we say that the normal hours of operations are 8:00 a.m. to 5:00 p.m.? Is that -- Freeman: I think that was contained in as recommended by the staff report. O'Brien: Okay. Freeman: Right. Thank you for that clarification. O'Brien: Second. Freeman: Okay. I have a motion and a second to approve the application for CUP 10- 015, Southridge Subdivision gravel mining as amended. All those in favor say aye. Opposed? Motion carries. Thank you. MOTION CARRIED: ALL AYES. E. City Code Modifications (Amended to the Agenda.) Freeman: Okay. The last item on the agenda is a city code minor correction regarding address and perhaps time of meetings and I will tum it over to Pete to explain that to us. Friedman: Thank you, Mr. Chairman, Member of the Commission. The city attorney's office was going through our city code and they were looking at another commission and they realized that our code contains the place of your meetings and the time of your meetings. Well, right now the code still has you meeting over in the old City Hall, so that's an easily fixable situation. The other one -- but it still has your meeting times commencing at 7:00 o'clock. What we wanted to bring forth for your consideration and just really this is for your convenience, not ours, do you want to consider starting any earlier? Do you want to consider starting at 6:00 or 6:30 or would you like to maintain 7:00 o'clock? Friedman: My own personal feelings on that are that 7:00 o'clock works best. It's difficult for some of us who work to get here by 6:00 and I kind of like the opportunity to go home, wind down, get a snack and come back here. That's my two cents, but -- Rohm: I agree with your two cents. Yearsley: Well, I also think that we ought to be cognizant of the people who want to come testify. I think 6:00 is kind of tough to get them to come here at this time. I think 5602904 Approval letter Sonya Watters From: Nancy Welbaum [NWelbaum@idl.idaho.gov] Sent: Tuesday, April 05, 2011 1:38 PM To: Sonya Walters Cc: Russell, Ryan (Idaho Sand & Gravel) ,Subject: RE: S602904 Approval letter Hi, Sonya. That's affirmative. The surety bond in the amount of $17,221.88 was received and accepted last week and reclamation plan 50602904 is in good standing. Let me know if you need anything else. Best Regards, Nancy Welbaum Senior Resource Specialist 8355 W. State Street Boise, Idaho 83714 208-334-3488 From: Sonya Watters [mailto:swatters@meridiancity.org] Sent: Tuesday, April 05, 2011 1:30 PM To: Nancy Welbaum Subject: RE: 5602904 Approval letter Hi Nancy, Can you please confirm if Dept. of Lands has accepted the applicant's bond? Thanks, Sonya Watters From: Russell, Ryan (Idaho Sand & Gravel) [mailto: Ryan. Russell@stakerparson.com] Sent: Tuesday, April 05, 2011 11:41 AM To: Sonya Watters Cc: Nancy Welbaum Subject: RE: S602904 Approval letter Sonya, Page 1 of 4 The bond has been submitted to DOL. Feel free to call Nancy Welbaum to confirm this. I have copied her on this e-mail also. 4/5/2011 Page 1 of 1 Sonya Watters From: Sonya Watters Sent: Tuesday, March 22, 2011 3:05 PM To: Jason Densmer Cc: 'ryan.russell@stakerparsons.com' Subject! Affkrtidge Gravel Mining Hi Jason, In review of the CZC application & the conditions of approval of the CUP, it appears I still need the following items before I can issue the CZC: ➢ The fencing plan shows wrought iron fencing along the southern boundary; a provision of the DA requires the ,_.applicant to construct a solid 6 -foot tall masonry fence adjacent to the lots in Val Vista and Aspen Cove Subdivisions. A DA modification application needs to be submitted & approved by City Council for a change in material. Also, is there a reason the fencing along the Ridenbaugh doesn't extend to the outparcel & beyond to the south boundary? Sheet C1.00 submitted with the CUP shows fencing to the outparcel... ➢ A letter of approval from the Dept. of Lands for the reclamation plan & bond (conditions 1.1.9 & 1.1.16).1 know you're in the process of getting it but 1 can't issue the CZC until 1 have it... ➢ An extraction & reclamation/re-vegetation phasing plan is required to be shown on the master site submitted with the ,/ CZC application (condition #1.1.14). Please include details for type of vegetative groundcover & means of irrigation ➢ �A temporary erosion control plan demonstrating measures are in place to prevent erosion during mining activities (condition #1.1.17) ➢ Submit a bid for the cost of completing the reclamation of the site and surety in the form of cash, bond, or a letter of credit for 110% of the amount of the bid to ensure the site is graded as shown on the grading plan & re -vegetated at the end of the mining project, in accord with UDC 11-5C-3 (condition #1.1.3). Prior to issuance of the CZC, you will need to submit (5) full-size folded copies of all plans. If you want to wait until my review is complete, after the above items have been addressed, that's fine. P.S. Prior to operation of the crusher on the site, a copy of the permit issued by DEQ is required to be submitted to the City. Let me know if you have any questions. Thanks, Sonya 884-5533 .sovL a Watters Associate City Planner City of Meridian - Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 208.884.5533 ph./ 208.888.6854 fax 3/22/2011 EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1.%No material shall be removed from the 75 -foot wide Williams Pipeline easement. Further, heavy equipment shall not cross the pipeline or pipeline easement during the mining of the property. The finished slope adjacent to the easement shall not exceed 3:1 (331/6). Per letter from Gordon Hamilton, Northwest Pipeline, included in Exhibit A.4. 1. 1.2 iThe work hours for mass grading, gravel extraction, rock crushing, loading and hauling shall be limited to non -holiday weekdays (Monday thru Friday) between the hours of 8:00 a.m. and 5:00 p.m., unless otherwise modified by the Commission or City Council. If the hours of operation are modified, work shall not occur between the hours of 11:00 p.m. and 6:00 am that would create a public disturbance in accord with Meridian City Code 6-3-6. The Commission approved extended hours of operation solely for the removal of material from the site on non -holiday weekdays (Monday thru Friday) between the hours of 6 am and 6 pm; ALL other operations shall occur between the hours of 8 am and 5 pm on non -holiday weekdays (Monday thru Friday). C 1.1.3 7he applicant shall submit a bid for the cost of completing the reclamation of the site and surety \/ in the form of cash, bond, or a letter of credit for 110% of the amount of the bid to ensure the site is graded as shown on the grading plan attached in Exhibit A.3 and re -vegetated at the end of the mining project, in accord with UDC 11-5C-3. 1.1.4 Work on the site shall be conducted in phases, limiting the areas of the site where work is active at any one time to isolated areas within the overall property. The applicant shall maintain vegetation on the site on phases not actively being mined through planting new vegetation or maintaining vegetation in areas where grading is complete. Vegetation shall be a species that binds the soil but does contain noxious weeds or grow to a height to constitute a nuisance or fire hazard in accord with MCC 4-2-2. Vegetation shall be irrigated to maintain viability of the selected plant material. 1.1.5 ✓ Noise created from the proposed use shall not create a public disturbance between the hours of 11:00 p.m. and 6:00 am or at any time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of others in accord with Meridian City Code 6-3-6. 1.1.6 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards asset forth in UDC 11-3A-7 and 11-3A-613 and the existing development agreement for this site. 1.1.7 /The extraction area shall be watered daily as often as necessary to reduce dust impacts to ✓ surrounding properties. Haul roads shall have a durable and dust free surface and shall be graded to drain all surface water away from the haul roads and shall be confined to the subject site. 1.1.8 Upon reclamation of the final phase, all temporary structures shall be removed from the property, ,rt except for property line fences or walls. Any contaminated soils shall be properly recycled or 01 disposed. o w. Q� 1041 1.1.9 The applicant shall prove documentation (from the appropriate agency) that the proposed QO mining operation and re amation plan comply with federal and state regulations in regard to air V" and water quality and site reclamation prior to issuance of a Certificate of Zoning Compliance. 1.1.10 The extraction areas shall be designed to create a meandering edge. Southridge Subdivision Gravel Mining CUP -10-015 PAGE 12 EXHIBIT A 1.1.11 No pond shall be constructed within two hundred (200) feet of any existing septic system or designated septic system replacement area. Additionally, no scarp (slope greater than 451/6) shall be created within seventy-five (75) feet of the septic drain fields that serve the adjacent dwellings. (Per Mike Reno, Central District Health Department) 1.1.12 The applicant shall comply with all requirements of "Best Management Practices for Mining in Idaho", published by the Idaho Department of Lands. 1.1.13 The slope of the proposed ponds shall be less than or equal to three to one (3:1) (horizontal:vertical) for accessibility and maintenance in accord with UDC 11 -3B -11C.6. The ponds shall be maintained such that they do not become a mosquito breeding grounds in accord with UDC 11-313-9. .1.14 The applicant shall show the extraction and reclamation/re-vegetation phasing plan on the master , site plan submitted with the Certificate of Zoning Compliance application. 1.1.15 he reclamation/re-vegetation plan for each phase shall be implemented as soon as the subject area is depleted of resources or when the allowed time has ended, whichever occurs first. The applicant shall submit a letter from the Idaho Department of Lands confirming approval of the reclamation plan and acceptance of the reclamation bond with submittal of the Certificate of Zoning Compliance application. 1 1.17 A temporary erosion control plan shall be submitted to the Planning Department with the Certificate of Zoning Compliance application demonstrating measures are in place to prevent /J erosion during mining activities. The applicant shall obtain a permit from the Department of Environmental Quality for the operation of a rock crusher on the site. A copy of the permit shall be submitted with the >1 Certificate of Zoning Compliance application. 1.1.19 The applicant shall comply with all notices and compliances required by, but not limited to, Federal, State, City laws and regulations applicable to the proposed use. 1.1.20 Topsoil containing organic matter favorable for plan growth shall be salvaged for replacement at the end of the project. 1.1.21 The Applicant is required to submit a Certificate of Zoning Compliance prior to establishment of the proposed use to ensure compliance with all conditions of approval and provisions of the Unified Development Code. 1.1.22 The proposed use shall be allowed for a maximum of 18 months (until August 3, 2012) from the vote of approval of the findings (February 3, 2011). All reclamation of the site shall be Jo__ prior to the end of the approved term of use. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval Southridge Subdivision Gravel Mining CUP -10-015 PAGE 13 EXHIBIT A 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11 -5B -6G. The applicant shall contact Planning Department staff regarding any proposed modification and/or transfer of ownership. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-513-6171 or 2) gain approval of a time extension as set forth in UDC 11 -5B -6F4. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on this application. 3. FIRE DEPARTMENT 3.1 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: a. All radii shall be 28' inside and 48' outside radius. b. The driveways shall have a 20' wide driving surface available at all times. c. The most remote portion of any structure as measured around the perimeter shall be within 150' of a fire lane or paved surface capable of supporting 75,000 lbs. d. Driveways greater than 150' in length shall be provided with an approved turn -around. e. The storage of any Hazardous Materials and Flammable/ Combustible Liquids will have to comply with the requirements of the International Fire Code/ 4. POLICE DEPARTMENT 4.1 The applicant shall comply with all City ordinances including noise (MCC 6-3-6). 5. SANITARY SERVICES 5.1 SSC has no concerns related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no concerns on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 The applicant shall pave the driveway located approximately 975 feet east of the Overland Road/Ten Mile Road intersection its full width at least 30 feet into the site beyond the edge of pavement. 7.2 The applicant is required to provide a stabilized construction entrance for trucks entering and exiting the site. Soutbridge Subdivision Gravel Mining CUP -10-015 PAGE 14 C LICENSE & PERMIT BOND KNOW ALL MEN BY THESE PRESENTS, that we GRAVEL CO. el Bond Number: 09036842 STAKER & PARSON COMPANIES DBA IDAHO SAND & as Principal, (the "Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation duly organized under the laws of the State of Maryland, as Surety, (the "Surety'), are held and firmly bound unto CITY OF MERIDIAN as Obligee, (the "Obligee"), in the penal sum of SEVENTEEN THOUSAND TWO HUNDRED TWENTY ONE AND 88/100 Dollars ($17,221.88), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has been granted a SOUTHRIDGE CONDITIONAL USE PERMIT (descdptlon of license or permit) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall indemnify and save harmless the Obligee against loss to which the Obligee may be subject by reason of the Principal's breach of any ordinance, rule or regulation relating to the above described license or permit, then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. The liability of the Surety hereunder shall in no event exceed the penal sum of this bond as stated above, regardless of the number of years this bond shall continue in force. 2. This obligation may be canceled by the Surety by giving thirty (30) days notice in writing of its intention to do so to the Obligee, and the Surety shall be relieved of any further liability under this bond thirty (30) days after receipt of said notice by the Obligee, except for defaults occurring prior thereto. DATED as of this 29TH day of MARCH, 2011. WITNESS/ATTEST: 'o` CE F. 1ke8 •.,4 J��•p4P ......•% 4� ,0TARp •. cd 4 t P(..IBLtG ,1x4 2, OP jfe ori. '•4,n.r.un••. C)yla, Q( i STAKER & PARSON COMPANIES DBA IDAHO SAND & GRAVEL CO. (Seal) Princ'paI & r By: I Name: Title: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Seal) Surety r By: T N Attorney -I act SURETY ACKNOWLEDGMENT STATE OF UTAH } COUNTY OF SALT LAKE } SS On this 29TH day of MARCH, 2011, before me personally came TINA DAVIS to me known, who, being by me duly sworn, did depose and say that she is an Attorney -In - Fact of FIDELITY AND DEPOSIT COMPANY OF MARYLAND the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -In -Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. y�lIN Srticn7Es Notary Public - State of Utah %Commission Number. 576343 �' My Gorninje5ion Expires Oct. 15, 2012 IDAHO SAND & GRAVEL COMPANY The Prrfenad Source Nampa -924 North Sugar Succi *P.O. Box L310 *Nampa, Idaho O.N53-1710 * Phone 209466-5001 * Fax 208466-5166 Twin Pa Os - 391 Gast 300 South * Jcroutc, Idaho 93338 * Phoac 209-324-5100 * pax 208-321-5111 ISPW # 11916 -AAA -1.2 Oregon # 142640 Ncinda # 0054829 Sand d Rock Products • Concrete • Asphalt • Paving • Construction • Earthwork • Hauling To: Idaho Dept. Of Lands Contact: Address: 954 W. Jefferson, PO Box 83720 Phone: 334-3488 Boise, ID 83720 Fax: Project Name: Southridge Reclamation Bid Number: Project Location: Ovedand And Ten Mile, Meridian, ID Bid Date: 3/8/2011 Line # Item # Item Description Estimated Quantity Unit Unit Price Total PNce 1 Dress Cut Slopes With B' Of Topsoil; Prepare 4.69 ACRE $1,800.00 $8,442.00 For Seeding 2 Hydro Seed, Dry Land Seed Mixture With 4.69 ACRE $1,325.00 $6,214.25 Mulch And TacklRer Mob/Demob Equipment 1.00 EACH $1,000.00 $1,000.00 Total Bid Price: $15,656.25 Payment Terms: Payment terms: Net due by the 10th of the month following date of Invoice unless otherwise stated. Interest at the rate of 11/2% per month charged on all[ past due accounts. This is an annual percentage rate of 18%. Purchaser agrees to pay reasonable legal fees. ACCEPTED: The above prices, spedfications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: 3/8/2011 12:51:37 PM CONFIRMED: Idaho Sand & Gravel Co. Authorized Signature: Estimator: Ryan Russell (208) 466-5001 rrussell@idahosand.com Page 1 of 1 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Tina DAVIS, Jeanna ROMERO and Lisa HA „FI1 t l h, EACH its true and lawful agent and Attorney -in -Fact, to make; execute, seal and its ° d as its act and deed: any and all bonds and undertakings, and the exec o g so r t rsuance of these presents, shall be as binding upon said Company, a#y-zxT%6ha >�$ rotes s if they had been duly executed and acknowledged by the regular �t 't ice in Baltimore, Md., in their own proper persons. This power of altor th n VIS, Jeanna ROMERO, dated February 2, 2010. The said Assistant.2 o at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- any, and is now in force. IN WITNESS W OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of July, A.D. 2010. ATTEST: State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND MkK., Gregory E. Murray Assistant Secretary a(P By: William J. Mills Vice President On this 19th day of July, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposetb and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 PDXF 020-8022 THE LAND - GROUP, INC. April 25; 2011 Ms. Sonya Watters Planning & Development City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Re: Certificate of Zoning Compliance Application — Request for Modification Idaho Sand & Gravel - Southridge Subdivision, Meridian, Idaho Dear Sonya: I am writing to request a modification to the Certificate of Zoning Compliance associated with the Southridge gravel project. As you know, the CZC Application narrative dated March 15, 2011 indicated that site perimeter fencing would be constructed "prior to initiating the mass grading". We would request that the CZC be modified to adjust the timing of perimeter fence installations to coincide with the timeframes required by the existing Development Agreement for the Southridge Subdivision. The Development Agreement, (Section 5.1, Item 22) requires that a 6 -ft tall masonry fence be constructed along the adjacent lots in Val Vista Subdivision and Aspen Cove subdivisions prior to the issuance of building permits within the first phase of the development. To align the CZC requirements with the Development Agreement, we request that the masonry fence be constructed prior to building permits being issued within the first phase of the development. Please contact me if you have any questions, or need further information. Sincerely, sson ensurer, PE Land Group, Inc. A, Site Planning • Landscape Architecture . Civil Engineering - Golf Course Irrigation & Engineering - Graphic Design • Surveying 462 E. Shore Drive, Suite 100 - Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com