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HomeMy WebLinkAbout2.01 BOCC Staff ReportBOCC 7/6/09 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 Chevron Land #10 Enterprises, LLC Vicinity Map I. REQUEST Furr Pit BOCC — 7/6/09 Page 2 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. Pfiel NY, American Civil Contractors (ACC) began extracting the soil from the site in February 2009 but stopped their operations after learning that they needed a County Major Impact Permit and a Colorado Division of Reclamation , Mining and Safety (DBMS) permit. Because the closure of the 2 Furr Pit BOCC — 7/6/09 Page 3 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. The Planning Commission reviewed and approved the application on May 13, 2009. 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'. 3 Furr Pit BOCC — 7/6/09 Page 4 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 stormwater, 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 -tern 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; 4 Furr Pit BOCC — 7/6/09 Page 5 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. Section 7-107: Adequate Public Utilities 5 Furr Pit BOCC — 7/6/09 Page 6 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 6 Furr Pit BOCC — 7/6/09 Page 7 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. 7 Furr Pit BOCC — 7/6/09 Page 8 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 Pennit. 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