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HomeMy WebLinkAbout2.0 Staff Report05.13.09ERWIN PITS PC 05/13/09 Planning Case No.: MIR3209 JN PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT LOCATION SITE INFORMATION EXISTING ZONING Major Impact Review Permit for a sand and gravel extraction operation American Civil Contractors on behalf of Garfield County Approximately 1 mile northwest of Roan Creek Community Center (Cowboy Chapel) on CR 204. Combined area of two pits is 11.75 acres. Total area of property is 245 acres. Resource Lands Erwin Knirlberger property, approx location of pits Chevron Vaughn Pritchard Knirlberger Crossen Vicinity Map Chevron Erwin Pits PC — 05/13/09 Page 2 I. REQUEST The Applicant requests approval of a Major Impact Review Permit for the extraction of natural resources. II. GENERAL LOCATION / SITE DESCRIPTION American Civil Contractors is seeking permission to excavate fill materials from two locations on the 245 acre property owned by Erwin Knirlberger. The pits are located approximately one mile west of the Roan Creek Community Center (Cowboy Chapel) on CR 204. Both extraction areas are on the steep hillside on the north side of CR 204. III. ZONING & ADJACENT USES The Erwin Knirlberger, and adjacent private parcels are zoned as Resource Lands. The surrounding BLM lands are zoned as Public Lands. IV. GENERAL PROJECT DESCRIPTION 2 Erwin Pits PC — 05/13/09 Page 3 The project proposes to extract soil from two small pits on the hillside along CR 204. The soil, once extracted, will be trucked and used for the reconstruction of CR 204. Through a contract with property owner Erwin Knirlberger, American Civil Contractor has the owner's permission to extract materials from the property. American Civil Contractors (ACC) began extracting the soil from mining area 1 (see above site plan) in February 2009 but stopped their operations after learning that they needed a County Major Impact Permit and a permit from the Colorado Division of Reclamation, Mining and Safety (DRMS). Because the closing of the pits 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 Erwin pits 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. Subsequently the State approved a DRMS permit for the pit. Unlike the Furr Pit application, also being submitted by ACC, the County placed no special conditions on the Erwin pits. Currently, extraction operations are continuing at the Erwin Pits. V. AUTHORITY & APPLICABILITY Per Section 3-502 of the Unified Land Use Resolution 2008 (ULUR), the use category `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'. 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 3 Erwin Pits PC — 05/13/09 Page 4 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 from the extraction operation since the pits will act as a stormwater retention area. Similarly, as the pits 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 pits will be reclaimed and re -vegetated 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; 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: Due to the temporary nature of the extraction operation, screening is not recommended. 11.4 Garfield County will require adequate mitigation for dust, odors, and fumes generated by gravel extraction activities. 4 Erwin Pits PC — 05/13/09 Page 5 Staff Response: To keep the soil moist and mitigate dust, the County will require that the contractor apply water to the haul route and to the pits. 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 Comprehensive 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 Response: No service required. Section 7-108: Access and Road Standards Response: Accesses for the Erwin Pits are directly from CR 204 and the Contractor has obtained thenecessary driveway access permits from County. Section 7- 201: Protection of Agricultural Lands Response: No land currently used for agriculture will be impacted by the project. The hillsides which are being excavated are steep and not easily used for agricultural purposes. After extraction and reclamation is complete, Mining Area 1 will have a small flat area at the base that may be usable for grazing. Section 7-202: Protection of Wildlife Habitat Areas 5 Erwin Pits PC — 05/13/09 Page 6 Response: The only habitat areas to be affected by the operation are owned by Erwin Knirlberger. These lands will be reclaimed to the same land use after extraction. Section 7-203: Protection of Wetlands and Water Bodies Response: There are no wetlands within the affected area of Erwin Pits. Sediment will not be allowed to leave the site and affect water bodies. Section 7-204: Protection of Water Quality from Pollutants Response: The only source of pollutants introduced to the Erwin Pits 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 Erwin Pits will be able to contain a 100 -year 24-hour storm event. This is accomplished through the use of sedimentation swales and silt fences. Vehicle tracking will be mitigated through tracking pads at the access points to the pits. Section 7-206: Drainage Response: The Hobo Ditch is located directly south of the excavation areas. If stormwater escapes the site, it will be intercepted by the Hobo Ditch and will not enter Roan 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 and 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 6 Erwin Pits PC — 05/13/09 Page 7 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 will not 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. C. Wildlife Response: The surrounding area provides cover and forage for wildlife, particularly in the irrigated pasture to the south of the site. The site provides cover but minimal forage for wildlife because of the sparse grasses and minimal precipitation. The impacts to wildlife will be mitigated through a weed management plan and reseeding with a diverse seed mix. D. Emergency Preparedness Response: A list of the local emergency response contact information will be kept with the project supervisor as well as at the American Civil Contractors office, located 10 miles from the site. VIII. STAFF RECOMMENDATION The Staff recommends the Planning Commission forward a recommendation of approval to the 7 Erwin Pits PC — 05/13/09 Page 8 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. No extraction from the Erwin Pits can occur after July 1, 2010. 3. Materials extracted from the pits can only be used for the re -construction of CR 204. 4. Any damage to the County roads or County right-of-way resulting form the extraction operations must be mitigated to the satisfaction of the County Engineering Department. 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 From: kathi Rozzi Sent: Tuesday, February 10, 2009 10:40 AM To: Don DeFord Subject: Motion 02-09-09 Page 1 of 1 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