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HomeMy WebLinkAbout3.0 PC Staff Report 03.26.2008Exhibits for Public Hearing continued to March 26,2008 A Maii Receipts Proof of PublicationB C D Garfreld County Comprehenqryq lle4 €299q E Application F StaffMemorandum G I\/f Crcelr Sneeial ITse Permit Mamm Creek Access PermitH I struction Material Mining Operation J District Court Water Div. 5 Decree K \l/atl qnd l)elineation Wetland Banking ContractL M n..*e.v Asreement - U.S. Fish and Wildlife Service N Cot"tad" D.pa.t-ent of TransPo o private Road crossing Agreement - union Pacific Railroad P Fusitive Dust PIan - Air Permit 01GA09Z9E a Spill Prevention and Control Countermeasure Plan R Stormwater Perryrt and Renewal Applicdh S Settline Ponds Locations T f)rrflef Channel Details Rifle Watershed PermitU v Phasins and Timeframe of Operation w o. StuUiliw a'utvsis dated March 17 '2005 x Letter dated 2ll9l08 from Chris Hale, PE, Mountain Cross Engmeenng, tnc' Y ve Anthony, Garfield CounB Vegetation Manager Z @nthia Love, Division of Wd AA T -ft., Aq+?A ilt qlO* from Matt Sturseon- Citv of Rifle BB Letter dated 2126108 from Jake Mall, Garheld Counry Road and.tsndge CC Letters dated February 11, 2008 and February 5- fiom Doltg Grant . tr-rnnil dnted Fehnrrffi Woodmansee, CDOT (w/attachments)DD EE FF p-r*it aut"a March,4,2008 from Helen Migchelbrink, LaFarge GG HH f.ttet aut"d March 8, 2008 from Helen Migchelbrink, LaFarge II ffi2oo8 fromNeighbors of Norfiba*H )J KI\ ExhibitExhibit Letter tA to 7) :" ' '' PROJECT TYPE OT REYIEW APPLICAIIT LOCATION SITE INTORMATION EXISTING ZOMNG INFORMATION AND STAFF COMMENTS PC 8r2ff08 KE Special Use Permit for "Processing Storage and Material Handling ofNahral Resources" anrd Development in the l0Gyear Floodplain for a Gravel Extraction oPeration North Bank Holdings, LLC Approximately 2.2 miles east of the City of Rifle Mine approximately 70 acres ofthe 237-rcre property. Apriculture / Industrial (AI) L RE,QTIEST The Applicant requests approval of a Special Use Permit for "Extraction, Storage, Processing, and Material Handling of Natural Resources" for a Gravel Extraction operation and Development in &e 100-year Floodplain. On January 2l,2$8,the Board of County Commissioners referred the lEqu€st to the Planning Commission for a recommendation. II. GENERAL LOCATION / SITE DESCRIPTION T\e137-aqepropertyis located onthenorttrbmk ofthe Colorado Rivercorridorapproximately2-2 North Bank Holdings, LLC Grcvel Pit miles east ofthe City of Rifle between the Colorado River and State Highway 6 &24. The property can be described as having three distinct geographic areas which include l) an upper bench that lies alongthe Union Pacific Railroad corridor,2)two lowerriverterrace fields/psttres comprisingthe majority of the property, and 3) the riprian reas in and along the Colorado River. The areas in the Colorado River corridor are comprised of heavily vegetated islands and river braids with signfficant stands of cottonwood galleries which are also located within the 1O0-year floodplain. The property has historically been used as inigated pasfire land served by the Stobaugh and Eyre Ditches. Presently, there is natural gas drilling occurring at various locations throughout t}re237 trcres- III. ZONING & AI}IACENT USES The property is located within the A/I zone district which contemplates Processing, Storage and Material Handling ofNatural Resources as a Special Use requiring approval by the Board of County Commissioners. Additionally, a portion of the property has been designated as lytng in the 100-year floodplain. The map below shows the location of the property relative to the County zoning map: The property is surmunded on three sides by the A/I zone distric! while properties to tlre north are zonedboth Commercial General (CG) and ARRD. The property to the south is currently approved for gravel extraction by way ofa Spcial Use Permit issued by the BOCC approximately 7 yeas ago (Mamm Creek)- The property to the west is the active Glen's Pit which was the result of a SUP approved by the BOCC in 2006. The prcperty to the east is undevelo@ Colorado River bottom land. The land to the norttq CG and ARRD, is primarily agricultural in use. Of significant note, there is a 2-acre property that is land-locked on the north portion ofthe property PC - A3/26/08 I,lorth Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page j owned by John McBride which contains a recreation cabin. Additionally, the subject property is encumbered with five (5) active gas well pads. IV. GENERAL PROJECT DESCRIPTION The project generally proposes to mine sand and gravel from the subject property in two distinct mining areas resulting in the ultimate construction oftwo lakes with a water surface area totaling 70 acres. The sand and gravel resources, once extracted and crushed, are to be conveyed via land conveyor to the overhead conveyor which will cross the Colorado River. The mining boundary and disturbance area are outside the 10O-year floodplain. The overhead conveyor, where it crosses the river and islands is within the floodplain. The resource, once conveyed to the Mamm Creek Gravel site operated by LaFarge, will then be processed into saleable material. The application as submitted originally envisioned the operation extracting approximately 450,000 tons of material per year with the overall plan anticipating a mining life of 9 years with 3 additional years to establish full reclamation. The net resource extracted (depending on market conditions within that time frame) is expected to be 5,400,000 tons. Though the amount of available resource has not changed (5.4 million tons) the Applicant has submitted additional information which changes the original request: 1. Average extraction per year of 500,000 tons; 2. Time period of 8 years mining life, keeping reclamation to 3 years additional. The application proposes to access the property directly from SH 6 & 24, an access which also requires a private crossing of the Union Pacific Railroad. Vehicles accessing the north bank property will be limited to 12 trips per day (6 in,6 out) per the State Highway Access permit. The proposed operation will include the use of portable equipment that includes a loader, jaw crusher and generator, as well as an area for parking employee vehicles and a porta-potty. The only structures requested as a part of this application are the temporary overhead conveyor bridge(s). All of the portable equipment and structures are to be removed from the site once mining has finished. The gravel pit hours of operation are proposed to be from 6:00 a.m. to 8:00 p.m., Monday through Saturday and 8:00 a.m. to 1:00 p.m. on Sundays from March through November. The operation hours during the December through February period shall be from 6:00 a.m. to 6:00 p.m. Monday through Saturday. Minor maintenance of equipment may occur during non-daylight hours. The gravel operations include multiple conveyor systems: an overland conveyor system and an overhead (bridge) conveyor system. The overland conveyor will transport the material from area of excavation to the crusher and subsequently to the overhead conveyor. The overland conveyor is a portable system that will be moved from phase to phase along with the portable crusher. Post- crushing, the aggregate will be transported to the Mamm Creek processing facility via the overhead conveyor system across the Colorado River. North Bank Holdings, LLC Grovel Pit PC - 03/26/08 Page 4 The overhead conveyor system is comprised of two suspension bridges and an elevated conveyor truss over approximately 700 feet of the braided Colorado River system and two islands. One suspension UAag. will span the northem branch of the river and be approximately 150 feet long. A sectnd ,rrp"rrrio, bridge will span the main branch ofthe river and be approximately 250 feet long. The remaining 300 feet of islands and southem overflow channel of the river will be spanned by an elevated conveyor truss with supports approximately 50 feet apart. All supporting structures are located outside of the floodway. The conveyor is designed to have greaseless rollers and a system to scrape off material from the belt before it cycles around in order to minimize the potential for oils and earthen material to fall off the conveyor and into the Colorado River. The Applicant has stated that the overhead conveyor will have a catch-pan, located on the underside for that portion of the conveyor that spans the Colorado River. Both the overhead conveyor system and the overland conveyor system are temporary uses for the duration of the mining activity. Upon cessation of mining, the entire system will be removed and the ecosystem will be restored to its previous state' V. AUTHORITY & APPLICABILITY pursuant to Section 9.03.04 of the ZoningResolution, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the ZorungResolution. The Board may, at its discretion, refer the Application to the Planning Commission for a recorlmendation. VI. REVIEW AGENCY AND OTHER COMMENTS Comments have been received from the following agencies / community groups and are integrated throughout this memorandum as applicable. 1. City of fufle: Exhibit AA 2. Town of Silt: No Comments Received 3. Rifle Fire Protection District: No Comments received. 4. RE-2 School District: No comments received. 5. Colorado Department of Transportation: Exhibit DD 6. Colorado Division of Wildlife: Exhibit EE 7. Colorado Department of Public Health & Environment: No comments received. 8. Colorado Division of Water Resources: Exhibit Z g. Colorado Mined Land Reclamation Board: No comments received. 10. US Army Corps of Engineers: No comments received. 1 1. Colorado Geologic Survey: No comments received. 12. Garfield County Vegetation Management: Exhibit Y 13. County Road and Bridge Department: Exhibit BB 14. Mountain Cross Engineering: Exhibit X 15. County Sheriff:No Comments Received 4 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 5 YII. RELATIONSHIP TO THE COIVTPREHENSIVE PLANT The proposed mining activity is located in an area of the County outside the City of Rifle (the City) which is in the AreattUrban Infltrence for the City. The County and the City have entered into an lntergovernmetrtal Agr€ement (IGA) requiring echjrnisdiction to refer appliations in these ae.s to each other for commint. In this case, the County generally looks to the City's Comprehensive Plan for that area for guidance in land use reviews. In this case, the City's Comprehensive Plan has mapped this area as "Open Space / Agriculture" with categories including l) wildlife habitat enhancernen! 2) environmental educdion, 3) passive recreatior, 4) agriculture, and 5) mine reclamation. Statrhad previously discussed this designation with the City of nifle who indicated tlat this designation was generally intended to deal with areas already mined. On its face, it would appeil the map envisioned a majority of this Colorado River bottom wouldbe mined at somepoint and that subsequent landuseswouldberquiredtoreclaimfor the above uses. The map below shows this location and designation: YI[. GART'IELD COTJNTY COMPREHENSryE PLAI\I If the County's Comprehensive Plan is to be used in this review regarding fuhre land use designations, the property has been designated in Study Areas 2 and 3 as"Privably owned lands with si6 spe4;ifrc limitations io be evaluaM at plan teview.'To this en4 virtually any land use, so long as it was consistent with the uses in the AI zone (underlyrng zoning) district would be considered "compatible" in this location so long as the environmental (geologic / hy&ologic / slope) challenges were appropriately mitigated through plan review. In addition, Staffhas included thamajority of goals, policies, aod objectives from the plan that relate to gravel extraction for yotn review: A) GOALS B) North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 6 certain legal rights and privileges, including the right to extract and develop these interests. Furthermore, private property owners also have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner and to have adverse land use impacts mitigated. County which recognizes the human resources, natural resources and physical location-to- market capabilities of the community, and which further recognizes and addresses the social and environmental impacts of industrial uses. POLICIES 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: A. Landscaping and screening; B. Modif,rcation of phasing or area to be mined; C. Roadway improvements and signage; D. Safe and efficient access routes; E. Drainage improvements to protect surface and groundwater. Dust, odors and fumes should be contained within the extraction site generating such emissions and should not negatively affect any sulrounding land use' Landscaping and screening will be required to address specific visual impacts of industrial development. Zorungregulations and a review process will be developed and enforced that recognize the differences in size, scope, and type of industrial development. A hierarchical review process will be developed which respects the unique land use issues based on the size and scope of the project. The County will require impact mitigation for these projects, when appropriate. The project review process will include the identification and mitigation of transportation impacts related to industrial development. Garfield County, in coordination with relevant special districts, authorities and municipalities, will require that developers of energy or mineral extraction projects finance the construction and operation of any public improvements which, now or in the future, will be required by their projects. Garfield County will require developers of mineral extraction projects to participate in and contribute to the funding of the County's monitoring of the demographic changes and North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 7 socioeconomic impacts associated with suchprojects. The applicability ofthis policy will be assessed on a case-by-case basis by the Board of County Commissioners. use policies of adjacent jurisdictions. c) OBJECTTVES environment, including air quality, water quality, wildlife habitat or important visual resources. Encourage the location of industrial development in areas where visual, noise, air quality and infrastructure impacts are reduced. The County, through the implementation of the Comprehensive PIan, Zoning, and Special Use Permit, will address future compatibility issues with current mining operations. Ensure that Zorung Regulations addressing Commercial and lndustrial uses reflect the changing land use patterns and demographics of the County and encourage the further diversification of the County's economy. Ensure that the type, size and scope of industrial and commercial development are consistent with the long-term land use objectives of the County. STAFF FINDINGS Staff finds that the use, operation, and reclamation of this proposal is generally compatible with the goals and objectives of the Comprehensive Plan. Though there are impacts associated with the project the applicant has provided significant mitigation measures to ensure protection of the environment and to minimize impacts associated with the industrial use. At the end of the extraction activity the reclamation plan assures the viability of a long term use that will benefit the County as a whole. IX. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to all requirements listed thereunder and elsewhere in the Zoning Resolution, as well as the following standards: 1. Utilities adequate to provide water und sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use, D) North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 8 Response The application states that utilities to provide water and sanitation services are not required and that a portabL toilet will be the only service provided on the North Bank property. Mountain Cross Engineering (on behalf of Garfield County) has commented that: A. Portable toilets are proposed for employees; these should be located outside ofthe floodplain. B. Providing potable water for employees ir; not discussed in the application. The Applicant should discuss that is intended. 2. Street improvements adequate to accom,modate trafJic volume generated by the proposed use and to provide sofe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed u:se. Response The application proposes to access the properfi' directly from SH 6 &. 24, an access which also requires a private crossing of the Union Pacific Railroad (UPRR). CDOT has issued a Notice to Proceed for the site. The issuance of the permit did not require any improvements, however it does limit traffic for this use to no more than 12 trips per day (6 vehicles in and 6 vehicles out). The Applicant has also been issued a "Private Crossing Agreement" from UPRR for this use, an agreement which may require a gate to be constructed between SH 6 & 24 arrd the railroad tracks. Additionally, because all the gravel will be conveyed across the river to be further processed, weighed, and sold, the majority of traffic will continue to access the Mamm Creek Gravel Pit for this resource as it occurs presently. The access to Mamm Creek is located directly off of the I-70 frontage road. The Applicant has stated that the number of trips will neither increase nor decrease from the existing Mamm Creek entrance; however, these trips are ultimately govemed by CDOT and not Garfield County as they directly access the I-70 frontage road then I-70. Further, an overhead conveyor transports the resource across the river to Mamm Creek, a design that alleviates potential traffic impacts to SH 6 &, 24 as well as County roads in that area. The result is in a minor net increase ( 1 2 trips per day) to traffic impacts from this proposal, as Mamm Creek will comply with the current CDOT Access Permit. 3. Design of the proposed use is organized to minimize impact on adiacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. 8 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 9 Response The neighborhood character for this area is largely agricultural to the north with significant gravel extraction and oil and gas activities to the west and south across the Colorado River. As described earlier, the property itself can be described as having three distinct geographic areas which include 1) an upper bench that lies along the Union Pacific Railroad corridor, 2) two lower river terrace fields / purt*.r comprising the majority of the property, and 3) the riparian areas in and along the Colorado Rir"r. The areas in the Colorado River corridor are comprised of heavily vegetated islands and river braids with significant stands of cottonwood galleries. Staff has conducted a site visit with the Applicant and it is evident that the lower river terrace fields, where the proposed mining area is to occur, are largely out of view from properties to the north because it sits on the lower bench of the property. Additionally, the view from the south is virtually eliminated by the healy mature cottonwood and riparian vegetation along the banks and on the islands within the Colorado River. The property to the west is an existing gravel operation (the Glen Pit) and the property to the east is undeveloped river bottom land. The proposed overhead conveyor is to be located on the far west portion of the property and will not be very visible from the north, east or south, but will be partially visible from the north west and west due to the vegetation in and around the river. The overhead conveyor system proposed to transport the material to Mamm Creek is comprised of several significant structures which in total will span approximately 1,500 linear feet in sections that either span the river altogether by suspended sections or are supported by column supports. The anchoring span supports on each end of the 250 foot long span are approximately 30 feet tall while the span supports are 17 feet tall for the 150 foot long span. The overhead conveyor platform is approximat ely 17 feet wide for the futl lenglh of the 1,500 linear foot distance across the river. This ii a sizable structure however it will be significantly hidden from "on land" view as it passes through the islands, but will obviously be visible to river traffrc. Additionally, the taller towers will be somewhat visible dependent upon your viewpoint. The applicant had erected 'storey poles' during an earlier application for this use, and it was determined atthattime that visibility of the structure would not be obtrusive. The Application contains a visual mock-up showing the bridge section in its proposed location. Architecturally, the bridge's suspension design is similarto the Golden Gate Bridge in San Francisco using the same suspension design concepts. Again, the two main braids ofthe river will be traversed by two suspension bridge sections either 150 feet long or 250 feet long. The overhead conveyor system, bridge and piers, is not proposed to have any lighting, however there will be noise associated with both the operation of this system, including the transfer hoppers and generator. The construction of the pier supports requires a Floodplain Permit which has been submitted as a part of this application. 9 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page l0 Section 5. 03.07 llndustrial Ooerations I Pursuant to Section 5.03.07 of the ZoningResolution, a permit for Industrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: 1.(4 Existing lawful use of water through depletion or pollution of surface run-ffi streamflow or ground water. Response The application proposes to dry-mine the two cells using a common dewatering method due to the high water table which is a common mining method along the Colorado River. This water is proposed to then be discharged into the Colorado fuver. The submitted SUP application showed four discharge locations, however additional information has been provided showing the location of two approved discharge locations. The Applicant has also submitted additional information regarding the settling ponds and treatment prior to discharge to the Colorado River clearly locating those ponds outside of the floodplain. The Stormwater Discharge Permit delineates the two proposed discharge locations and fuither identifies them as Discharge 001 and Discharge 002. The treatment prior to discharge is proposed to occru outside the 10O-year floodplain, and CDPHE Water Quality Control Division has issued a Stormwater Discharge Permit for this site. Additionally, the City of Rifle has conditionally approved a Watershed District Permit. The City has the authority to review activities that occur within the defined boundaries of the City's Watershed District , specihcally within five miles of the water diversion and intake structure for the City's water supply. The Permit conditions include: . Simonson Letter conditions; o Submittal of a final SPCC and SWMP specific to the overhead conveyor crossing of the Colorado River; o Semi-annual inspections; o lnclusion of City departments on the emergency contact list. Regarding adequate legal and physical water required to operate the pit as well as allow for the lakes to be filled as part of reclamation, the application has been issued a decree from District Court, Water Division 5, Case No. 06CW20 on December 9,2007. Physical water is to be supplied by the two ditches that currently serve the agricultural needs of the property which are the Stobaugh and Eyre Ditches. The additional water needed will come from the West Divide executed contract. 10 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page I I According to the reply received from the Division of Water Resources the applicant must receive a well permit prior to exposing ground water in Northbank Gravel Pit WellA. 1.(B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanstions. Response The proposed use will generate dust, smoke, noise, and odors from use of healy machinery extracting the resource from the ground on the North Bank property as well as from the crushing and transporting of the material. Additionally, dust, smoke, noise, and odors from use ofhealy machinery processing / crushing /sorting the resource will also occur on the existing Mamm Creek property. Arguably, there will be less dust generated on the North Bank property a majority of the processing will occur at the currently approved and permitted Mamm Creek facility. Dust Control As the Commission is aware, dust generation remains a significant issue with gravel pits where they are required to constantly remain below 20%o opacity at all times as required by CDPHE. Because of the pit location on SH 6 & 24 unmitigated or ineffectively mitigated dust control could cause a serious threat to public safety for those traveling that road. The application agrees that the operation will generate dust and smoke but will comply with the state statutes with the necessary air quality permits required by CDPHE for activities occurring on the site. The application includes a generic Fugitive Dust Control Plan providing the following mitigation: 1) A water truck equipped with spray cannon will be used at the site to apply water to haul roads, stockpiles, and to the active mine face during extraction. 2) Spray bars or similar watering devices are used at key transfer points on the crushing and screening equipment and are to be running at all times. Shrouding of key transfer points is also utilized when water alone does not control emissions or is impractical. 3) A speed limit of 15 MPH is posted and enforced on all areas of the site. 4) A chemical dust suppressant, tlpically magnesium chloride, is applied to all haul road surfaces from the sales area to the facility entrance. The suppressant is reapplied as needed to roads in an effort to further control dust between watering trips. Typically suppressant is apptied approximately every six months at the Mamm Creek Pit and a similar application schedule will occur at North Bank. This type of suppression is also effective dwing times when climatic conditions render watering of roads ineffective and/or unsafe. 5) Particulate emissions from transfer points associated with portable processing equipment will be controlled by the natural moisture present in the material and by water application at critical points as to comply with an emission limit of l5oh opacity over a six minute average from crushers and screens and l0% from transfer points. 6) Reclamation work will begin as soon as is practicable following material extraction and processing. Following spreading of topsoil, the reclaimed areas will be seeded using the 11 llorth Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page l2 Division of Reclamation, Mining and Safety and Garfield County approved seed mix as soon as is practicable, and growth will be maintained with a sprinkler system. 7) Topsoil and overburden stockpiles will be seeded with the approved seed mix within 3 weeks of final extraction 8) Production records will be kept by the portable units and communicated with pit personnel. 9) All processing equipment will be subject to the New Source Performance Standards G'{SPS) requirements of RegulationNumber 6, Subpart OOO which specifies visible emissions from conveyors and transfer points shall not exceed 10% opacity and visible emissions from crushers and screens shall not exceed l5%o opacify. NSPS testing will be conducted as required to demonstrate compliance with the above limits and to ensure the effectiveness of the suppression methods employed at the facility. If emissions in excess of these levels are observed by on-site personnel then flow rates of the watering system will be increased. Spray bars will be attached to crusher at transfer points to control dust. a. If the above measures fail to meet emissions standards production will be halted. 10) All loaded trucks leaving the facility will be required to have their loads tarped. Noise Generation The operation will generate noise on the North Bank property emanating from the loader, crusher, generator, and conveyors as well as from the processing equipment on the Mamm Creek property. The County's Land Use Code requires that the "volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. In this case, the application states that they will remain below the state statutes' requirements for noise. Regarding noise, state statute states "Sound levels of noise radiatingfrom a property line at a distance of 25 feet or more there from in excess of the dB(A) established for the following time periods and zones shall constitute (premafacia) evidence that such noise is a public nuisance." The table below shows the zones and dB(A) acceptable for each zone and particular time. Zone TamtoTpm TpmtoTsm Residentiql ss dB(A)s0 dB(A) Commercial 60 dBa)ss dB(A) Lisht Industial 65 dB(A)70 dB(A) Industrial 80 dB(A)75 dB(A) The BOCC has generally interpreted the noise statute to be measured with the dB(A) of the receiver properties since they are the most affected by the noise. Therefore, as measured 25 feet from the property line, the dB(A) would be 55 dB(A) during the day and 50 dB(A) during the night. The Environmental Noise Impact Review contained in the application evaluated the following activities: t2 North Bank Holdings,LLC Gravel Pit PC - 03/26/08 Page I3 ACTryITY Noise Level Proposed Mitigation Overburden/Topsoil Removal Stafute allows fur st*ndards to be excerded with retivities fhet are tsm in duratior Front-end loaders Scrapers Haul Trucks Once below-grade during mining, 80 dB(a) the noise will be mitigated Same as above Same as above Aggregate rcmoYaY transport & crushing Conveyor Jaw Crusher Backup beeper noise Electrical generator 48dB(a) at200'. 50dB(a) at 200' 55 dB(a) at 250' The most noise generated by the conveyor will at the transfer hoppers which will be greater than 48 dB(a) Crusher is a portable unit and will move with each phase of the operation. Placement in all phases will occur in the central portion of the North Bank parcel. Traditional beepers are audible up to 1000', there is a new device to produce white noise alarm to reduce the sound at greater distances Higher attenurtion exhaust muffler, acoustical enclosure tround engine generators From the chart we can determine that the noise levels during topsoil/overburden removal will not meet the minimum standards, however the state does allow for exceeding those standards for temporary activities. Noise issues can be minimized if the Applicant complies with the mitigation measures that include location of facilities in relation to off-site residences, however noise mitigation for the McBride recreation cabin may not be possible. Hours of Operation The application proposes hours of operation will be 6:00 a.m. to 8:00 p.m., Monday through Saturday and 8:00 a.m. to 1:00 p.m. on Sundays from March through November. The operating hours during the December through February period will be 6:00 a.m. to 6:00 p.m. Monday through Saturday. These hours are consistent with other gravel pits approved through the Special Use Permit process. Lighting This application is silent with regard to lighting however in discussion with the Applicant they have stated that there will be no lighting either on the site or on the overhead conveyor/bridge nor supports. 1.(C) Impacts on wildlde and domestic animals through the creation of hazardoas attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. 13 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page I4 Response The application states that there will be no significant adverse impacts to sensitive, threatened or endangered wildlife and that the site plan includes a 100 foot buffer along the Colorado River to better preserve the riparian area that provides quality habitat for wildlife. Finally, the application states that the project's end result is to create an improved habitat that attracts wildlife and that once the project is completed, the quality and quantity of wildlife is expected to increase. The Applicant has submitted a Wildlife Report by Beattie Wildlife Consulting, Inc. That report identifies various levels of vegetative and wildlife values on the site, ranging from poor to excellent habitat, basically value diminishing as you move away from the river and riparian area. Excellent habitat is found in the islands and river riparian area as the report states: "The islands serye as wildlife refuges and they provide security, thermal, and escape cover. Cottonwood-willow woodlands characteristic of riverine habitat are one of the most important habitats for wildlife in Colorado. More species of wildlife occur in this habitat than any other single habitat in the state. Riparian habitat occupies only 3o/o of Colorado's landscape but attracts up to 80% of wildlife species. Vegetation diversity is high in both vertical and horizontal zones and habitat structure is very diverse. Gravel and sand extraction will have no direct negative impact on wildlife using island and riverine habitat." The open fields and sage hillside located in a band across the northem property boundary have good habitat value, however the current natural gas drilling activity may have affected that value. The center of the property contains open fields and is located wholly within the mining and disturbance area. This area contains poor to fair habitat values due to the vegetative cover which provides little foraging value. Two lakes will be the result of the reclamation activities and this area will greatly increase in value for wildlife. The report also illustrates the use of the site by mule deer, with potential travel corridors in the island, river and riparian areas. Raptors, game and non-game birds, waterfowl, small game and fur- bearing animals are found on this site. The wildlife report states the following: "lJnder the proposed mining plan, primary impacts to wildlife would be direct habitat loss, reduced effective habitat, fragmentation and constriction of wildlife corridors along the Colorado River, and disturbance to adjoining habitats due to mine operations. The grazed pasture and irrigated fields lost during the mining process are of low value to most wildlife species present in the project area. Wetlands and cottonwood riparian areas are more valuable wildlife habitat. Some species, particularly deer, use this habitat for travel, daytime resting and foraging. The pasture habitat is used full-time by some common burrowing rodents (mice, t4 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page l5 voles, pocket gophers, ground squirrels) and grassland bird species (horned lark, western meadowlark). Loss of pastures and irrigated fields would result in the direct loss of breeding and nesting habitat for a few individual animals, but would have no impact on the populations ofthese species in the Colorado River Valley. Cottonwood riparian habitat is more limited and some of the most productive habitat in Colorado. Mining of riparian areas, which is not proposed, would result in the direct loss of breeding habitat for numerous migrant songbirds and year- round habitat for small mammals, deer, and game birds." The Applicant has proposed mitigation methods to minimize the above referenced visual and environmental impacts such as the following: 1) Suggestions made by the Division of Vtrildlife (DO\T ) rc include gentler slopes and a more undulating shoreline were incorporated into the reclamation plan and the DRMS application, including thefact that 60% of the slopes will be restored at a 4:1 slope and 40% of the slopes will be restored at a 3: I slope. 2) DOW's recommendationfor islands was addressed by incorporating two peninsulas which serve the purpose of islandsfor wildlife refuges but are much easier to maintain. Lafarge is also firmly committed to working with the DOW to develop /loating islands in the lakes to help promote additional wildlife habitat.j) Any available excess fill will be used to reclaim roads, etc and/or used to create the lake bottom and edge. Large tree-root balls, if available, will be added to the bottom of the lakes prior tofilling to augment the aquatic habitat. 4) The Appticant has retained a biologist from the Wildlife Habitat Council (WHC) who has visited the site and completed a report with recommendations on how habitat can be improved on both the North Bank and Mamm Creek properties. It is the Applicant's intention to submit the combined property for certification under WHC's rules and conduct reclamation activities to enhance habitat quality whenever practicable. Noxious Weed Management The County Vegetation Manager reviewed the proposal and provided the following comments: application. acceptable. Wetlands The property has been reviewed and inventoried for the presence of wetlands and a Section 404 Permit has been issued by the United States Army Corps of Engineers. It was determined that approximately 4.87 acres of jurisdictional wetlands exist on the property which is regulated by Section 404 of the Clean Water Act. 15 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 16 The Army Corps of Engineers had requested that LaFarge include the North Bank Gravel site in an updated Mamm Creek permit as the ACOE felt that the sites were co-dependent. The 404 Permit has been amended to include this site. The Applicant has submitted information regardirrg the "banking" of wetlands, including a contract with Springwater Ranch, LLC of Grand Junction to mitigate the loss of wetlands resulting from this application. Additional information has been submitted in support of the 404 Permit, particularlyaJurisdictional Wetlands Map which is attached as Exhibit K. 1.D) ffirmatively show the impacts of truck and automobile trafJic to andfrom such uses and their impacts to areas in the County, Response As mentioned earlier, the application states that the access to the north bank property will be from SH 6 & 24 for which a CDOT o'Access Permit" zurd "Notice to Proceed" have been issued which requires that no more than 12 trips per day can oc)cur at the north bank site. The majority of these vehicles will be passenger (employee) vehicles, the mobilization of equipment and machinery is a one-time entry, and related service-type access (porta-potty, fuel) is anticipated as well. The Union Pacific Railroad tracks lie north of this property adjacent to SH 6 & 24 therefore the Applicant has obtained a Private Crossing Agreement from Uni,rn Pacific Railroad. The use of the overhead conveyor to transport the material to the Mamm Creek Pit for further processing will certainly aid in alleviating traffic impacts to SH 6 &,24, and the application states that "traff,tc to and from the Mamm Creek propertf is not expected to increase significantly due to the mining activities switching from the south of the river to the north side." Staff has struggled with questions regarding (real or perceived) access issues at Mamm Creek, and we have put the burden back onto the Applicant to provide answers. The answers we have received are that they are in compliance with the issued CDOT Permit. Given that the extraction activities at Mamm Creek are complete except for the area around the Bald Eagle nest, the Applicant has stated that the processing of gravel from the North Banl site will not adversely impact the permit limits. 1.(E) That sufJicient distances shall separate such use from abutting properg which might otherwise be damaged by operations of the proposed use(s). Response The proposed mining areas maintain at least a 100 foot bufferfromthe Colorado Riverto anymining activities proposed for the site. Staff finds this buffer very beneficial in that it better preserves the riparian areas along the river as well as minimizing the noise to the river corridor. According to the 1(; North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 17 Applicant, there will be no activities permitted in the 100 foot buffer except during the period of construction of the overhead conveyor. The plan shows a 10 foot setback from the east and west boundaries would likely prove sufficient as a buffer as the westem property is currently being mined and the property to the east is vacant. Generally, the North Bank mining activity is limited on the terrace plateau below a significant bench that runs along the north area of the property. This provides a beneficial natural topographic buffer from the prop.rti"r to the north with one exception; the John McBride property (the McBride property) which is configured as a 2-acre in-holding along the north property line of the subject prop.rty. The plan shows mining cell B to be located just below this property where the top of the wall olCell B is approximately 20 feetfrom the McBride property line. As Cell B is mined it will have a significani udr"... effect on the property that will be temporary in duration and once reclaimed may enhance the McBride property. L@) Mitigation measures proposed for all of the foregoing impacts identiJied and for the standards identiiied in Section 5.03.08 of this Resolution Through the review of prior Special Use Permits for extraction activities, staff has found that the application could further minimize visual and environmental impacts by incorporating the following: l) In any mining phase, the mined slope length of 2H: lVwill be bacl<filled as necessary prior to topsoiling "ia seeding. Generally, this is a milder slope of at least 3H:lVfrom 5.ofeet below the water tine and higher. The amount of mined slope allowed to be present thot is not bacffilled at any given time is 1000 feet; 2) The amount of bacffitted slope that is not topsoiled is limited to 400 feet. Topsoiling is required on all surface areas down to 5.0'below expectedwater level. 3) Seeding and mulching according to the approved planwill occur on all topsoiled areas each spriig (March I S-April 15) orfall (September I5 to November 15) no matter how small the area is. 4) Within 6 months of finishing mining in any phase, the area must be fully reclaimed including topsoiling, seeding, mulching, sapling planting, and water filling of the lake' 6) The operator will submit an annual report to the County with GPS measurements shown on o *ip showing the current disturbance, what areas have been bacffilled, where topsoil stoclrpilis are located, all site structures, what areas have been seeded, mulched andwhat is plannedfor the ensuing 12 months. 7) Atl of the above are binding conditions of the County permit and the State Division of Reclamation, Mining and Safety. The Division of Reclamation, Mining and Safety can withhold the reclamation bond if the final reclamation is not executed according to the plans. 17 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 18 Enforcement Options: a) The County commits to notifyingthe Operator of any compliance concernandallows an inspection with site personnel and the designated County inspector prior to contacting anY agencY. b) The County can request a site inspectionwith one day's notice to the Operator. Full access to any part ofthe sitewill be granted. Onrequest, all paperworkmust be shown. The County cannot request a large number of inspections that would interfere with normal operation without cause. c) Afull tist of att permits will be provided to the County. Any person at any time can call thefollowing agencies directly and request an inspection if they believe a condition of that agencies permit is being violated. - CDPHE Air Quality Control 303-692-3I50 - CDPHE Water Quality Control 303-692-3500 - US Army Corps of Engineers 970-243-1199 - Division of Reclamation, Mining and Safety 303-866-3567 - CDOT Grand Junction ffice 970-248-7000 - City of Rtfle - Watershed Permit 970-625-6224 Agencies will issue violations withfines depending upon the gravity of the violation and the past historY. d) The County wilt be invited to ony bond release inspection of the State Division of Reclamation, Mining and Safety. The County inspector will have the opportunity to demonstrate that any item of the permit has not been complied with and that bond should not be released. e) The County will have the opportunity to evaluate the performance of the Operator withregard to the County bond andwithholdportions of the bond if it is demonstrated to the Operator that certain conditions of the permit have not been met. The Operator aclmowledges that the County has performance standqrds in place that could lead to revocation of the Special Use Permit if continuedviolations of the permit occur over a period of time. We have received an email from the applicant's representative responding to the above restrictions, see Exhibits FF and HH, and that the operator is willing to comply with above restrictions. Considering the above, staff finds that the application provides sufficient plans and/or has permits that mitigate the following impacts / issues: 18 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page l9 a a o Impacts to wildlife; Dust suppression plan for particulate generation on the North Bank; Wastewater Discharge Permit from the Colorado Department of Public Health and Environment, and a City of Rifle Watershed Permit have all been issued and a Stormwater Management Plan submitted giving the Staff assurance that discharge of dewatering water back into the Colorado River is clean and that the channels are designed / located out of the 100 year floodway; The Spill Prevention, Control and Countermeasures Plan; Colorado State Highway Access Permit has been issued which adequately address the issues on this property, and a Private Crossing Agreement has been executed between the Applicant and UPRR; There has been no mention of proposed mitigation of direct impacts on the John McBride properly which primarily include noise, dust, and visual impacts; Army Corps of Engineers 404 Permit issuance and related wetland banking to mitigate loss of wetland; and Demonstration that the standards in the noise statutes as commonly measured by the BOCC can be met during a vast majority of the operation timeframe. (2) Special (Jse Permits may be granted for those uses with provisions that provide adequate mitig atio n fo r th e fo llow in g : @ A plan for site rehabilitation must be approved by the County Commissioners before a permitfor conditional or special use will be issued; Response The Applicant proposes to reclaim the mining cells into two lakes that have atotal surface acreage of approximately 70 acres. As stated earlier, the application anticipates (based on market conditions) that the mining of the two cells will take approximately 9 years with an additional 3 years for reclamation. The application states that comments from the DOW have been incorporated into the reclamation plan and that, further, Lafarge is "firmly committed" to working with the DOW to develop floating islands to help promote additional habitat. Roads are to be reclaimed and tree root balls are to be placed in the bottom of lakes to enhance aquatic habitat. The slopes / banks are to be graded and reseeded with native seed mix and a weed management plan is to be permanently put in place. Top soil will be stockpiled during mining and will be placed back on the surface areas at a minimum of 1 foot in depth for disturbed areas and all stockpiles to sit for longer tharr 12 months will be seeded to minimize dust generation and erosion. As mentioned above, the reclamation has been reviewed by the DOW and several comments and suggestions made during prior applications have been incorporated into the current plan. The County Vegetation Manager reviewed the revegetation component ofthe plan and requested that the Applicant provide a noxious weed inventory and map with their application. The Manager found that though weeds are mentioned and a weed management plan has been provided, the Applicant 19 o a North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 20 should provide specific locations of weeds detailed on a map. Further, reclamation plans, including the plant material lists and details of phasing were found acceptable. become the only reclamation plan (tasks / timetables) used by both the County and DRMS. Additionally, a new bond shall need to be calculated to cover this plan and secured with DRMS to cover its implementation. reclaimed once they have been mined. Additionally, mining in a new phase could commence while the previous phase was being reclaimed / revegetated with a six month reclamation deadline provision. months after the commencement of the new phase mining operation. If the reclamation has not fully occurred in six months, all mining operations on the property shall stop until the reclamation / revegetation has occurred to the satisfaction of the County. Staff finds the ultimate benefits to be gained from "reclaiming as you go" include 1) significant reduction in visual impact of the site on the community and traveling public throughout the life of the mining operation, 2) continual reclamation monitoring of the reclaimed lakes by the operator (on site responsible party) who would still be on site as they mine the other portions to ensure success, 3) not put off the establishment ofthe vegetation and habitat creation for ten years so that a good portion of the site would be "reclaimed" atthe eventual end of the mining operation as a concession to already displaced wildlife from the site, and 4) the potential for a reduction in required security (bonding requirements) or earlier release of those funds at the end of the project. (B) The County Commissioners may require security before a permitfor special or conditional use is issued, d required. The Applicant shallfurnish evidence of a bank commitment of credit, bond, certifted check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the speciJications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissionersl Response In the past, the County has required operators submit security to the County to ensure reclamation occurs. As you a.re aware, the DRMS (via state statute) has attempted to preempt local regulations specifically regarding reclamation and security for reclamation. (See CRS 34-32.5-109(3) below). "No governmental ffice of the state, other than the [Mined Land Reclamation BoardJ, nor any political subdivision of the state shall have the authority to issue a reclamation permit pursuant to this article, to require reclamation standards different than those established b)) this article, or to 20 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 2l The operator shill be responsible for assuring that the mining operation and the postmining land use comply with city, town, county, or city and county land use regulations and any moster plan for extraction adopted pursuant to section 34-1-304 unless a prior declaration of intent to change or waive the prohibition is obtained by the Applicant from the affected political subdivisions. Any mining operator subject to this article shall slso be subject to zoning and land use authority and regulation by political subdivisions as provided by lan." This statute basically says the County has no authority to require any different reclamation standards than the DRMS or to require any additional reclamation security. fNote, the County has required this of a recently approved gravel pit operation and the Applicant did provide such an additional security for "revegetation" as opposed to reclamation.] Staffs suggests not requiring an additional security for the County and instead rely on the DRMS bond calculation and management to ensure reclamation. Please note however, Staff suggests requiring the Applicant to submit the proposed reclamation plan in this Special Use Permit application to DRMS so that 1) it will be the only reclamation plan used by both DRMS and the County to ensure reclamation has occurred to the County's specifications and 2) a new bond calculation shall occur and be submitted and held by DRMS to secure that proper reclamation can occur. This is apractice that is in place in Routt County which appears to work well. Staff also adds that the calculation of the bond and ability to manage its partial releases is something that DRMS does very well. Note, the County would be invited to participate in any "release" hearings to ensure that reclamation has occurred to the satisfaction of the County' S ection 5. 0 3. 0 I [Industrial Performance Standards I p*r"*t to section 5.03.08 of the ZoningResolution, all Industrial Operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazatd. Operations shall be conducted in such a manner as to minimizeheat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards set below. As required by any gravel extraction operation, all ofthe following Industrial Performance Standards shall be considered conditions of approval for any Special Use Permit. (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 21 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 22 (4) Emission of heat, glare, radiation andfames: every use shall be so operated that it does not emit heat, glare, radiation orfumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exemptedfromthis provision. (5) Storage area, salvage yord, sanitary landJill and mineral waste disposal areas: (A) Storage of Jlammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and loca$ire codes and written recommendations / comments from the appropriate local protection district regarding compliance with the appropriate codes; (B) At the discretion of the County Commissioners, all outdoor storagefacilities may be required to be enclosed byfence,landscaping orwall adequate to conceal suchfacililies fr o m adj ac ent p r op erty ;(C) No materials or wastes shall be deposited upon a properly in suchform or manner that they may be transferred off the property by any reasonablyforeseeable natural causes orforces; (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards : l. The minimum lot size isJive (5) aues and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300fLfrom any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of I a.m. to 6 p.m-, Mon.-FrL 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage areafor uses not associated with natural resources, shall not exceed ten (10) acres in size. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reJlection on adjacent property. (6) Water pollution: in a case in which potential hazards exist, it shsll be necessary to install safeguards designed to comply with the Regulations of the Environmental ProtectionAgency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health OfJicers must be met before operation of the facilities may begin. 22 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 2j Seaion 9.0i.05 tPeriodic Review of SUPI Pursuant to section 9.03.05 of the ZonngResolution: Any Special Use PerntiF ,ffiy be mode suhject to a periodic rcviesp not lcris thon every sb (6) months if required by the County Commissionen. The purpose of such review shall be to daermine compliance ot noncompliance with ony perforrnflnce requhement associatedwiththe ganting of the Special Use Permit. The County Commissionerc shall indicate that such a review is required and shall establish the time periods at the linu of issuance of a Special Use Permil Such r*iew shall be condac'ted in such m.anne? and by such lrcttons as the Coruty Comnticsionen deem qprapride to ma*e the review Seaive and ileanin{al Upon the completion of each review, the Commissioners may determine that the permit operalions are in compliance andcontinue the permit,ordderminetheoperdioas are not inamplianceandeither suspend the permit or require the permittee to bring the operation into compliance hy a certsin specifred date Such periodic ra,iew shdl be limited to those performance requirenen* and conditions hnposed d the time af the originol isst orrce of the Special Use Permit Response Should the Board approve the SUP, Staff suggests the Applicant be required to present a yearly report to the BOCC that dernonstrates progress and adhsrence to the mining plan. This would ocflIr in Decernber of each calendar year and would include copies of annual inspection or reports required by other agencies including, but not limit to, the City of Rifle. X. 1OO YEAR FLOODPLAIN FEMA has not performed any detailed floodplain analyses of this section of the river at this time; however, the Army Corps of Engineers (ACOE) cross-sectioned the river in 1984 and used that information to complete a floodplain study in 1987 which the County has commonly referred to in matter regarding development in the floodplain. Portionsof the 237-asre property fall within the 100- year floodplain. The mapto theright is theACOE 1987 Study map that comports with the HCE letter. North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 24 The application states that the extraction and comtruction site lies outside the 10O-year floo'dplain; however, the overhead conveyor, where it crosses the river and islands is within the floodplain. The application states that all the supparts ta the overtread conveyor, while being located in the floodplain, are not located in the 100-year floodway. The application included an analysis performed by High Country Engineering (HCE) that determined the minimum low chord elevation (53U.26 feet in elevation) to allowthe Base Flood (100-year event) to pass without any deleterious effect to the 100-year floodplain. Mountain Cross Engineering has reviewed the request for a Floodplain Permit to construct the overhead conveyor. XI. STAFF RECOMMENDATION Bas€d on the review by Staff, as well as the referral comments from various local and State agencies, the following issues have been identified: A. The accurnulation of impncts related to industrial activities, both on this site and in the general vicinity should be considered. The natural resources associated with this area are sand/gravel and gas, with these activities occurring in close proximity to one another. This is particularly evident on the Norttr Bank which has five (5) Antero [,ease Gas Pads, all of which are currently in process ofbeing drilld-or soonto be dri[ed. The gas pad delineated as "C" on the site plan sits within the Mine Permit area of this request, and although these are similar uses of industrial nature there is concern of conflict in the uses. Further, the multiple uses occurring on the site may make it more diffrcult for Garfield County and other permit agencies to properly monitor the activities associated with this Special Use application. The Applicant has provided information regarding the extraction which will occur around the pads and drilling activities, including a Slope Stability Analysis for Gas Well Pads and Access Roads. This report states that a "100' setback from the gas well will be maintained, to a highwall slope no greater than 0.5:l as required by the DMG Pemrit #1V2000113. As soon as feasible, overbrrden backfill will be placed against the highwall and graded to decrease the highwall to a minimum 3H:lV slope." See Exhibit W, Slope Stabitity. B. Garfield County requires a very thorough review of Special Use Permits. The scope of the Special Use review involves the coordination of permits and review by State and Federal agencies that have authority over certain actiyities, with the County grarting land use app'roval. The Couuty review process firnctions to determine the appropriatetress ofthe use at the particular location and to ensure a comprehensive review of all aspects of the proposal 24 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 25 including operational, potential impacts and proposed mitigation. This process of coordinating the information regarding permit(s) status may unearth conflicting information and conflicting recommendations from the myniad permitting and review agencies. One of Staff s responsibilities is to review, identiff and question the information submiued by the Applicant so that the decision-makers, as well as the general public, are thoroughly aware of the details, impacts and mitigation of the proposed land use. With that said, the most glaring conflict of information identified by staff is the maximum amount of material requested to be extracted on an annual basis. There appears to be a range of 450,000 to >600,000 tons identified in various submitted documents, with the original application request of 450,000 tons per year. Various other agencies may have reviewed the proposal with the 600,000 tons per year. Given that the Applicants have estimated that the total amount of resource contained on the North Bank is 5.4 million tons and has a requested time frame at 9 years, the anticipated annual yield would 600,000 tons. If the application is approved as is, 450,000 tons would be the amount (maximum) approved for extraction annually and would leave an estimated 1.35 million tons of material in the ground at the expiration ofthe Special Use Permit. Understanding that the 5.4 million tons is not an exact f,rgure of the resource, the Special Use Permit timeframe request may need to be extended or the annual extracted amount would need to be increased for the Applicant to meet the intent of what they have requested in this application. The approval of annual extraction at 600,000 tons for 9 years would most probably deplete the resource on-site. Staff is not necessarily opposed to extracting more in a shorter period of time, however Staff may be opposed to an increased time period for the activities. The reasoning being that the increase in the impacts of expanded production would not be as dramatic as they would be for extending the life of the use. Even so, the maximum cap of annual yield may not decrease the timeframe needed to extract the material which the Applicant states is dependent upon market forces. Another reason that Staff has a concem with the maximum annual yield is the potential for additional impacts resulting in extracting an additional 150,000 tons per year. The minimum that the County should consider for an annual cap on extraction is 600,000 tons per year otherwise the nine year life ofthe pit would either have to increase or material would remain in the ground. Conversely, a greater the amount of annual yield may lessen the life of the pit and therefore mitigate potential long-term impacts of the use. The Applicant has submitted additional information that includes phasing and a timeframe for the extraction activities. The Applicant has recently submitted the following timeframe and phasing plan which appears may alleviate the issue of annual production as instead it provides mined acreage as a limitation rather annual yield of material. From a land use perspective, Staff is less concerned with the amount of product (particularly since there would be no additional road impacts associated with the transportation ofthe material) rather than with the amount of area disturbed and timeframe for the overall operation. The 25 North Bank Holdings, LLC Gravel Pit PC - A3/26/08 Page 26 reduction of one year, as well as area limitations certainly satisfied staff concerns. This analysis comply with all permits issued for both the North and timeframes for disturbed areas has assumes the ability of the Applicant to Bank and the Mamm Creek SUP. 50c, Yearc to MineEEErEEEE@Plrrir T'urclirc Timdine @@@@@@@@ffi C. D. W 0cc Phase Mined AcnaageIE =-EE-E-EET=IEG -EEilEffi Use of the approved Mamm Creek SUP for processing material. This requested allowance could set an unwanted precedence of allowing importation and exportation of raw material for off-site processing. This could cause rmintended repercussions, particularly with regad to traffic. However, in this particular instance, the exportation ofresource fromNortb Bank is contemplated to occur via overhead conveyor rather than through the state or local road system. Post-processing egress witl still need to occtrr from the Marnm Creek site. The Applicant has stated that this would not compromise the restrictions of the CDOT Access Permit for Mamm Creek since there are no extraction activities mcurring at this time. The current lack of activity at Mamm Creek is a result of the increased production that occurred in the past resulting in a deplAion ofthe r€sortrc€, except for that area adjacent to the Eagle Nest which has been put on hold. That area will probably be subject to extraction at some future time, but how that may impact the Access Permit has not been discussed by the Applicant. E. Oue issue identified though the review and referral process is the implementation md 26 North Bank Holdings, LLC Grovel Pit PC - A3/26/08 Page 27 compliance of local, state and federal permits and plans related to the land use approved by the County. Past expe'riences at currently permitted or completed gravel pits has shown that assuring compliance with theplan andpermit standards maybe lacking. This occrns notout of ignorance or apathy regarding compliance issues, nor inted on tle pt ofthe Appliccrt, however there u." f"* tools available by which the County can impel compliance with State and Federal plans or permits. F. Visual lmpact of this proposal is mitigated to a certain extcnt by the land layout and proposed mining areas which will locate the activities belowthe level of Highway 6 &24 making it moredtfficulttoseeasyoudriveby. Thegasdrillpadsrelocatedoavaiousportionsofttre propery, including the upper bench and will screen the mining activities as well- Viewing if,i. p*prrfy from the south there is mitigation from the vegetation along the river corridor- The onlyvisual aspect ofthisplanwill bethe overhead conveyorwhichwill havetwotowers as tall as 30 feet and be 17 feetwide- Pboto simolation of the ovcrherd convevor Stafffinds that the John McBride property, a2-asrein-holding will most likely be ttre most impcted by the proposed use. Staffrmderstands that it is a recreation cabin ad not a full time residence. The property contains 4.87 acres ofjurisdictional wetlands as shown in the map below- The G. H. Page 28 Arrny Corps of Engineers has issued a4}4Permit and a Wetlands Banking contract has been executed to mitigate the loss. -;/*^ .-____\ / r_ -ru- ,iEGp -' /--- Jw*f<o ./i../ tr.,n -.'/ Wcdrnds Meo I. A Floodplain Pemrit has been submitted in conjunction with this application due to the construction of the bridge overthe Colorado River which will have support piers within the river. These piers do not occur within the 'floodway' but rather within the'flood fringe"- The Applicant has adequately addressed the standards for development within the Floodplain. Proposed Conditions ffioned, staff recommends the Planning commission forward a recommendation of approval to the Board of Cormty Commissioners forthe Special Use Permit- Should the planning-Commission move to recommend aq4noval, Staff zuggests the following findings of fact and conditions of approval: l. That proper posting and public notice was provided as required for the meeting before the Planning Commission. 2. That tlre meeting before the Plaming Commission was extensive or complete, that all psrtiffnt facts, matters *d i5,r". were submitted and that all interested parties were heard at that meeting- 3. That the above stated and other reasons, the proposed Special Use P€tmit has been det€rmined to be in the best interest ofthe halth' safety' moralE convenience' orrder' prosperit5r and welfare of the citize.ns of Garfield CountY. raE {t =t!=! E!t-_- North Bank Holdings, LLC Grovel Prt PC - A3/26/48 I ii iI t! ,1il il,, l, tfi 28 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 7. 8. Page 29 4. That the application has adequately met the requirements of the Garfield County Zonng Resolution of 1978, as amended. 5. That all representations of the Applicant, either in testimony or the submitted application materials, shall be considered conditions of approval unless specifically altered by the Board of County Commissioners. 6. A well permit must be obtained from the Division of Water Resources prior to exposing groundwater on the site. The Applicant shall provide a mapped inventory of noxious weeds on the site. This map shall be submitted prior to issuance of the Special Use Permit. The gravel pit hours of operation will be 6:00 a.m. to 8:00 p.m., Monday through Saturday and 8:00 a.m. to 1:00 p. m. on Sundays from March throughNovember. The operating hours during the December through February period will be 6:00 a.m. to 6:00 p.m. Monday through Saturday. All operational activities including, but not limited to employee parking, fuel storage, sanitation facilities and equipment storage shall be limited in location to that area which is within the Mine Boundary as identified on the site plan and is being actively mined at the time. It is understood that these operational activities will occur within each phase as it is being mined and therefore will be not be in a fixed location for the life of the use. 10. In any mining phase, the mined ,,or. @EUe*lI be backfilled at aminimum of 3H:1V prior to topsoiling and seeding. 1 1. The amount of mined slope allowed to be present that is not backfilled at any given time is 1000 feet. 12. The amount of backfilled slope that is not topsoiled is limited to 400 feet. Topsoiling is required on all surface areas down to 5.0'below expected water level. 13. Seeding and mulching according to the approved plan will occur on all topsoiled areas each spring (March 15-April 15) or fall (ber 15 to November 15) no matter how small the area 1S. mining in any phase, as designated on the Proposed Phasing Schedule of Mineral Extraction, that completed phase must be reclaimed to include topsoiling, seeding, mulching, sapling planting. p+it in a'ea Rshall be fully re lake. 15. The reclamation plan approved by Garfield County in the Special Use Permit shall be resubmitted to the DRMS to become the only reclamation plan (tasks / timetables) used by both 9. 29 14. Within North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 30 the County and DRMS. Additionally, a new bond shall need to be calculated to cover this plan and secured with DRMS to cover its implementation and a copy of that bond shall be submitted to Garfield County Building and Planning. 16. All of the conditions are binding of the County permit and the State Division of Reclamation, Mining and Safety. The Division of Reclamation, Mining and Safety can withhold the reclamation bond if the final reclamation is not executed according to the plans. 17. The County will be invited to any bond release inspection of the State Division of Reclamation, Mining and Safety. The County will have the opportunity to demonstrate that any item of the permit has not been complied with and that bond should not be released. 18. The Operator acknowledges that the County has performance standards in place that could lead to revocation of the Special Use Permit if continued violations of the permit occur over a period of time. 19. The Applicant shall be required to submit a report annually, until such time as the release of the reclamation bond, of the gravel operation for staff review. Upon review of any deficiencies pursuant to conditions of approval or other local, state, or federal permits, Staff may forward the report to the County Commissioners for full review of the Special Use Permit. This report shall include GPS measurements shown on a map showing the current disturbance, what areas have been backfilled, where topsoil stockpiles are located, all site structures, what areas have been seeded, mulched and what is planned for the ensuing i2 months. This map shall be overlain on the approved site plan which includes the approved phasing area locations, mine permit boundary and 100' Colorado River Setback. Copies of annual reports required by and submitted to other agencies including, but not limited to, the City of Rifle, will be attached to the annual report submitted to the County. 20. The County commits to notifting the operator of any compliance concern and allows an inspection with site personnel and the designated County inspector prior to contacting anyasency. CIJA^,U,f 21. The County can request a site inspection with orrqlduy'. notice to the Operator. Full access to any part of the site will be granted. On request, all piperwork must be shown. The County cannot request a large number of inspections that would interfere with normal operation without cause. 22. Afull list of all permits related to the special use shall be provided to the County. Any person at any time can call the following agencies directly and request an inspection if they believe a condition of that agencies permit is being violated. a. CDPHE Air Quality Control 303-692-3150 b. CDPHE Water Quality Control 303-692-3500 c. US Army Corps of Engineers9T0-243-1199 30 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 3l d. Division of Reclamation, Mining and Safety 303-866-3567 e. CDOT Grand Junction offrce 970-248-7000 23. Allmining activities shall be required to comply with the following performance standards: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations / comments from the appropriate local protection district regarding compliance with the appropriate codes; (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent properfy; (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property 31 North Bank Holdings, LLC Gravel Pit PC - 03/26/08 Page 32 boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres in size. (F) Any lighting of storage zrea shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. 32