HomeMy WebLinkAbout2.0 Staff ReportPC 05/13/09
Planning Case No.: MIR2309
JN
FURR PIT
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT
LOCATION
SITE INFORMATION
EXISTING ZONING
Major Impact Review for a sand and gravel
extraction operation
American Civil Contractors on behalf of
Garfield County
On north side of North Dry Fork Road (CR
200) approximately 2.5 miles west of and
Roan Creek Road (CR 204) and 5 miles north
of Debeque.
Area of pit is 11.75 acres on a 120.1 acre
parcel
Resource Lands
Furr parcel;
approx.
location of pit
BLM
Land
#10 Enterprises,
LLC
Vicinity Map
Furr Pit
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I. REQUEST
The Applicant requests approval of a Major Impact Review Permit for the extraction of natural
resources.
II. GENERAL LOCATION / SITE DESCRIPTION
The 120.1 -acre property is located in the North Dry Fork stream valley on North Dry Fork Road (CR
200) approximately 2.5 miles west of Roan Creek Road (CR 204). The 11.75 acre portion of the
property, which will be used for material extraction, is flat and has previously been used for grazing.
III. ZONING & ADJACENT USES
The Furr parcel, and the private parcel to the west, are zoned as Resource Lands. BLM lands,
bordering the property to the north, east and south, are zoned as Public Lands.
IV. GENERAL PROJECT DESCRIPTION
The project proposes to extract soil from the property and will result in a shallow depression on the
property. The soil, once extracted, will be trucked and used for the reconstruction of CR 204.
Through a contract with property owner David Furr, American Civil Contractor has the owner's
permission to extract between 20,000 and 180,000 cubic yards of materials from the property.
k
American Civil Contractors (ACC) began extracting the soil from the site in February 2009 but
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stopped their operations after learning that they needed a County Major Impact Permit and a
Colorado Division of Reclamation , Mining and Safety (DRMS) permit. Because the closure of the
Furr pit could potentially delay the County's CR 204 reconstruction project, the Board of County
Commissioners voted on February 4, 2009 to allow ACC to continue extracting materials from the
Furr pit once ACC had submitted a completed application to the County, agreed to any special
requirements of the County, and obtained a State DRMS permit.
On February 26, 2009 the County received an application from ACC and subsequently on March 5,
2009, the County determined the application to be technically complete. On March 6, 2009 the State
approved a DRMS permit for the pit. As part of the County's determination that the application was
technical complete, ACC agreed to the following list of conditions:
1. Dust Suppression on North Dry Fork Road. While extraction is occurring, the applicant
must apply water to the road between the site and the Garfield County -Mesa County
border to prevent dust generation by trucks.
2. North dry Fork Road Maintenance. If damage occurs to North Dry Fork Road due to the
applicant's trucks, ACC is required to repair the road to the satisfaction of the County.
To avoid creating ruts in the North Dry Fork Road, the applicant shall cease operations
during and immediately after rainfall or snow events.
3. Repair of Stream Buffer. (a) County Code prohibits construction activities within 35 feet
of water bodies. The excavation that has already occurred within 35 feet of Dry Fork
Creek must be returned to pre-existing grades and immediately replanted with native
vegetation. (b) The only allowable alteration within this 35 foot buffer will be a swale or
culvert that connects the stream and the excavated pit. Contractor must provide the
County Building and Planning Department with a design for the swale or culvert.
4. Stockpiling of Top Soil: Top soil must be removed prior to the extraction of materials
and stockpiled onsite. After the extraction is completed on a portion of the site, the top
soil needs to be re-applied and the site seeded.
5. Final Elevation of Pit. The final grade of the pit bottom must slope towards the outlet
swale. In order to prevent the creation of a water impoundment within the pit, the final
elevation of the pit floor must be at least two foot higher than the high water elevation in
the stream.
Currently, extraction operations are continuing at the Furr pit.
V. AUTHORITY & APPLICABILITY
Per Section 3-502 of the Unified Land Use Resolution 2008 (ULUR), the `Extraction: Natural
Resources - Minerals' in the Resource Land Zone District requires a Major Impact Review by the
County. The process for a Major Impact Review is found in Section 4-106. Major Impact Reviews
require public hearings before the Planning Commission and the Board of County Commissioners.
Article VII of the ULUR provides general standards for land use change permits and Section 7-814
provides `Additional Standards Applicable to Mining and Extraction Uses'.
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VI. GARFIELD COUNTY COMPREHENSIVE PLAN
The Comprehensive Plan is to be used in analysis of projects proposed within unincorporated
Garfield County. The project site is located in Study Area 5.
Chapter 11, Comprehensive Plan Goals, Objectives, Policies regarding Gravel Extraction
Operations was adopted by the Garfield County Planning Commission on August 13, 2008, a
document which is to be used in this review of extraction operations. Analysis of the project based
upon this document follows with emphasis placed on determination of compliance with the policies
contained within the Plan.
POLICIES
11.0 The project review process will include the identification and mitigation of transportation
impacts related to industrial development.
Staff Response: Traffic impacts of the extraction will be temporary and minimal.
Natural drainage patterns will be preserved or mitigated so the cumulative impact of public
and private land use activities will not cause storm drainage and floodwater patterns to
exceed the capacity of natural or constructed drainage ways, or to subject other areas to an
increased potential for damage due to flooding, erosion or sedimentation or result in
pollution to streams, rivers or other natural bodies of water.
Staff Response: No increase in runoff will result form the extraction operation since the pit
will act as a stormwater retention area. Similarly, as the pit retains the stonnwater, sediments
will not be able to migrate off site.
11.2 Garfield County will require development to protect critical wildlife habitat as identified by
state and federal agencies. Development within these designations that cannot be designed,
constructed and conducted so as to have a minimum adverse impact upon such habitat or
these wildlife species, shall be discouraged.
Staff Response: The pit will be reclaimed and revegetated thus not causing a long-term loss
of habitat.
11.3 Garfield County, to the extent legally possible, will require adequate mitigation to address
the impacts of mineral extraction on adjacent land owners. These measures may include the
following:
I. Landscaping and screening;
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II. Modification of phasing or area to be mined;
III. Roadway improvements and signage;
IV. Safe and efficient access routes;
V. Drainage improvements to protect surface and groundwater.
Staff Response: The extraction operation is not visible from adjacent properties and public
roads and therefore screening is not necessary. The applicant has an agreement with County
Roads to repair CR 200 if the roadway is harmed by the trucks hauling materials from the
Furr Pit towards the CR 204 reconstruction project.
11.4 Garfield County will require adequate mitigation for dust, odors, and fumes generated by
gravel extraction activities.
Staff Response: To keep the soil moist and mitigate dust, the County will require that the
contractor apply water to the haul route (CR 200) and to the pit.
COMPREHENSIVE PLAN STAFF FINDINGS
The application as submitted does allow for a finding of compliance with the goals,
objectives and policies of the Comprehensive Plan due to the lack of required permits being
in place for this activity. Issuance of those permits will result in a finding of substantial
compliance with the Comp Plan.
VII. REVIEW CRITERIA FOR MAJOR IMPACT REVIEW PERMITS AND
MINING AND EXTRACTION USES (PER ARTICLE VII OF UNIFIED LAND
USE RESOULTION 2008)
Section 7-104: Sufficient Legal and Physical Source of Water.
Response: The only water to be used on-site is for dust suppression and will be trucked to the
site from a permitted off site source.
Section 7-105: Adequate Water Supply
Response: No need for additional water besides the water trucked in for dust suppression.
Section 7-106: Adequate Central Water Distribution and Wastewater Systems
Response: No need for water distribution or wastewater systems.
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Section 7-107: Adequate Public Utilities
Response: No service required.
Section 7-108: Access and Road Standards
Response: Access for the Furr Pit uses an existing BLM easement to the Furr property. Per a
contract between Garfield County, American Civil Contractors is responsible for the repair and
maintenance of the roads used during the CR 204 reconstruction project.
Section 7- 201: Protection of Agricultural Lands
Response: No land currently used for agriculture will be impacted by the project. The only
agricultural lands to be affected by the operation are owned by David Furr. These lands will be
reclaimed to the same land use after mining.
Section 7-202: Protection of Wildlife Habitat Areas
Response: The only habitat areas to be affected by the operation are owned by David Furr.
These lands will be reclaimed to the same land use after mining.
Section 7-203: Protection of Wetlands and Waterbodies
Response: There are no wetlands within the affected area of Furr Pit. Excavation will not occur
within the high water mark of the stream. The Land Use Code prohibits most construction
disturbance within 35 feet of the water body. Prior to applying for this permit, the applicant had
already excavated within the 35 foot buffer zone.
Section 7-204: Protection of Water Quality from Pollutants
Response: The only source of pollutants introduced to the Furr Pit will be fuel and lubricants
for the equipment used for excavation and hauling. These pollutants will not be stored on-site but
will be brought to the site by a mobile maintenance truck as needed. If there is a spill, it will be
contained within the pit by the stormwater isolation berm until it can be cleaned up. Any spill will
be reported to the County and the Colorado Division of Reclamation, Mining and Safety.
Section 7-205: Erosion and Sedimentation
Response: The Furr Pit will be able to contain a 100 -year 24-hour storm event. This is
accomplished through the use of two stormwater isolation berms.
Section 7-206: Drainage
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Response: During extraction, the Furr Pit will drain into a pool behind the isolation berm
where the water will infiltrate into the ground or evaporate. After reclamation is complete and
vegetation reestablished, the isolation berm will be removed and water from the Furr Pit will drain
into Dry Fork Creek.
Section 7-207: Stormwater Runoff
Response: See above.
Section 7-208: Air Quality
Response: An Air Pollution Emission Notice was submitted to the Colorado Department of
Public Health and Environment (CDPHE) — Air Quality Control Division. CDPHE will decide if the
site needs an air pollution permit. Whether or not a permit is needed, dust will be controlled with the
use of water trucks keeping the roads and extraction area damp.
Section 7-212: Reclamation
Response: A reclamation plan was submitted with the application. This plan was reviewed
by the County Vegetation Manager and Colorado Division of Mining and Safety (DRMS). A
performance bond to guarantee reclamation was provided to DRMS.
Section 7-814: Additional Standards Applicable to Mining and Extraction Uses
A. Roads — (i) Impact Mitigation, (ii) Vehicle Weight, (iii) Seasonal Traffic
Limitations
Response: (i) Impact Mitigation to the road system is covered under the reconstruction
contract between American Civil Contractors and Garfield County. (ii) Vehicle weight
will comply with the restrictions placed on the roads for this operation. (iii) Seasonal
traffic limitations are not expected to be needed since the roads are well -constructed and
will be maintained as needed by American Civil Contractors.
B. Haul Traffic Routing — (i) Avoidance of Developed Areas, (ii) Timing of Hauling,
and (iii) Load Control
Response: (i) There are no developed areas within the close proximity to the extraction
site or road construction project. (ii) The timing of the hauling will be during normal
operating hours of CR 204 road reconstruction and is not expected to have significant
impact on the local community since the area is remote. (iii) All loads of excavated
material leaving the site will be covered to prevent fugitive dust created by the haul
trucks. The road surface will be treated with magnesium chloride or water to reduce
fugitive dust emissions.
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C. Wildlife
Response: The rangeland surrounding the site provides cover and forage for wildlife
around Dry Fork Creek. The site has minimal value for wildlife due to the sparse
vegetation.
D. Emergency Preparedness
Response: A list of the local emergency response contact information will be kept with
the project supervisor as well as in the American Civil Contractor's office, located 3
miles from the site.
VIII. STAFF RECOMMENDATION
The Staff recommends that the Planning Commission forward a recommendation of approval to the
Board of County Commissioners for the Major Impact Review Permit. The following should be
conditions of approval:
1. All material representations made by the Applicant and their representatives in the
application or during the public hearing must be adhered to as conditions of approval
unless otherwise stated by these conditions.
2, Expiration of Permit. No extraction from the Furr Pit can occur after July 1, 2010.
3. Use of Extracted Materials. Materials extracted from the pit can only be used for the re-
construction of CR 204.
4. County Roads. Any damage to the County roads or County right-of-way resulting from the
extraction operations must be repaired to the satisfaction of the County Engineering
Department.
5. Repair of Stream Buffer. (a) County Code prohibits construction activities within 35 feet
of water bodies. The excavation that has already occurred within 35 feet of Dry Fork
Creek must be returned to pre-existing grades and re -vegetated. By July 2009 American
Civil Contractors must provide the County Building and Planning Department with a
grading and re -vegetation plan for the area within the 35 -foot stream buffer. (b) The
grading and seeding of the area within the 35 -foot stream buffer must be complete by
October 2009. (c) Until re -vegetation occurs within the 35 -foot stream buffer, the
Contractor must install and maintain a silt fence between the stream and disturbed ground.
6 Stockpiling of Top Soil: Top soil must be removed prior to the extraction of materials and
stockpiled onsite. After the extraction is completed on a portion of the site, the top soil
needs to be re-applied and the site seeded.
7. Final Elevation of Pit. The final grade of the pit bottom must slope towards the outlet
swale. In order to prevent the creation of a water impoundment within the pit, the final
elevation of the pit floor must be at least two foot higher than the high water elevation in
the stream.
8
Fred Jarman
From: Don DeFord
Sent: Tuesday, February 10, 2009 12:25 PM
To: Fred Jarman
Subject: FW: Motion 02-09-09
Here it is - dkd
Page 1 of 1
From: 'kathi Rozzi
Sent: Tuesday, February 10, 2009 10:40 AM
To: Don DeFord
Subject: Motion 02-09-09
Don:
Here are the two motions taken at the end of the day, yesterday.
Don - One action relates to the retirement of certificates of purchase on communications from George K; Don asked
Ed to provide the specifics for the record.
Ed stated that George K. Baum identified four sets of maturities; Ed provided a letter dated February 4, 2009
identifying those. Ed said his recommendation would be to pursue the maturity, dated December 1, 2023 as far as the
liquidation date; which would eliminate $390,000.00 in debt. He stated they would be buying it at a price less than
90%.
Commissioner Houpt — So moved.
Commissioner Samson — Second.
Martin said he would just like to say; if it becomes even a better deal, bring it back and let us know.
In favor: Houpt — aye Samson — aye Martin — aye
Don stated he is concerned with an earlier motion from the Board, which occurred this morning, by which a two/one
vote; the Board required ACC Contractors to obtain a major use permit for resource extraction; did not fully express
the decision of the Board. If the board wants to amplify, or correct or alter that; you are still in the same meeting in
which that motion was made and you can reconsider that if you do so by motion.
Samson — I move that we reconsider the motion.
Commissioner Houpt — Second.
Chairman Martin stated being the odd man out on that particular one, he didn't have a vote, or at least an opinion to
ask for reconsideration; it has to be the majority.
In favor: Houpt — aye Samson — aye Martin — aye
Commissioner Houpt said her motion was that ACC be required to go through the major impact review for their
natural mineral resource extraction for County Road 204 and she made a very simple motion just having them
comply; but she will amend that to state that as soon as they have, what is deemed by staff a complete application, and
agree to conform to any special conditions that staff has in relation to that application; they may continue work on
that particular project.
Commissioner Samson — Second.
In favor: Houpt — aye Samson — aye Martin — aye
2/10/2009