HomeMy WebLinkAbout5.0 PC Staff Report 11.13.2012Exhibits - Major lmpact Review of Extraction of Aggregate - The Dolores (Dee) B' Blue
Cevocaote Trust and Dee Blue (MIPA 7189)
BOCC Public Hearing (1111312012)
dated 912112
REQUEST:
APPLICANT/PROPERTY OWNER:
REPRESENTATIVE:
PARCEL ID:
PROPERTY SIZE/SITE AREA:
LOCATION
ACCESS
EXISTING ZONING
COMPREHENSIVE PLAN of 2030:
BOCC
11113112
MOL
MIPA 718g - Major lmpact Review for "Extraction" of
gravel
The Dolores (Dee) B. Blue Revocable Trust and Dee
Blue
Sean MelloAlVestern Slopes Aggregate, lnc'
2393 -254 -00-26 5 and 2393 -254-0 0-2 I 5
287.94 acres I 146.87 acres
14682State Highway 82 (SH 82)' Approximately 2'5
miles northeast of Carbondale, CO
From SH 82
Rural
Residential Medium (6 to <10 AC/DU) - subject site
PROJECT INFORMATION AND STAFF COMMENTS
GENERAL PROJECT DESGRIPTION
The Dolores (Dee) B. Blue
Revocable Trust and Dee Blue
(Applicant) seeks to amend a
Special Use Permit for an 82.70
acre gravel mining oPeration
known as the Blue Pit. This
amendment ProPoses to exPand
the existing mine bY
approximatelY 60 acres, a
substantial change
necessitating a review through
Major lmPact Review.
The subject Parcel is 287 '94
acres in size and consists of two
properties (Parcel Numbers:
2393-254-00-265 and 2393'
t,i.',."-i'tingminingoperation(81..29acres),irrigated
pasture rand (with '!"L,rr
lg'i*ii;'r1 .'io'rolis'-?11l111^ P^llTT:l'l':::i:"il;il';JT:l,.::'J':#:: t*i","u:u'"i;;""J;U;;tiln u"r"rLnt has been place on the north portion or the
parcel. See above maP"
The site is accessed from SH 82 with a secondary access off of County Road 103 (CR 103) and
County Road 104 (CR 104). The.r,ttin! girrll .1ining site contains. a scale/administration
building, office/shop building, concrete Oat[n-ptant (owned and operated by Casey Concrete' a
subsidiary of Western Slopes Aggregate WSn)), piimary crushei, wash plant' wash pond' and
material storage and crushing areas.
The Brue pit expansion is proposed to commence in the spring of 2013 if approved this year. The
site will be mined in toy pi.lrses for +o vears and reclamaiion witl occur concurrently with mining'
This timeline is an estimaie and is dependent upon demand and market conditions'
II. BACKGROUND
A Special Use permit (SUp) for gravel extraction was originally approved in 1981 by Garfield
county for the Blue pit (Resolution ar-iaa, ixhibit G). There have been various amendments to
the original sup through the years lncLoing accessio sH 82, addition of a concrete batch plant
and defining the hours of operation (Resoirtionr 93-051 and 96-48, Exhibit G) to name '.f9y
The approvals set forth in these resolutions have been maintained as conditions throughout the
project history.
ln 2010 a SUp amendment was proposed to add 64 acres to the existing permitted area of which
only two of the toui rining prrases tnaining nr; a 2 -18.49.acres and Mining Area 4 - 22'05 acres)
were approved by tne goiiO of County C"ommissioners (BOCC) The mining of Phases 2 and 4
without the two otner pfiases made the extraction of gravel unfeasible, prompting the submittal oJ
this application. The Applicant also indicates that the present application.differs from the 2010
proposal in that mining'i, to o""r1. in a "sweeping" manner instead of mining in blocks or cells'
Also, the perimeter of i'he mined ,r"" *itt atso uno-utate giving it a more natural appearance rather
than rectangular shape proposed in the last application. An undulating edge was a desired
characteristic voiceo-iv the surrounding property owners during the review of the mine in 2010'
The Blue Pit is located
approximatelY 2.5 miles directlY
northeast of Carbondale, CO,
north of SH 82, and between CR
1OO and CR 103. Primary
access to the site is Provided bY
SH 82 and maintains an access
permit from the Colorado
Department of TransPortation.
The proPertY also has a
secondary access off of
CR1O4/CR 103. The Primary
access Point is directlY across
from The Ranch at Roaring Fork
subdivision sharing the median
break for site access. The
driveway from SH 82 is Paved uP
to the top of the ridgeline which
screens the site oPerations from
this roadwaY.
III. SITE DESCRIPTION
The overall site plan shown on page 2 illustrates the existing mining operation and the proposed
expansion area.
The subject site is bounded on the south by sH 82, gn the east by private property (a portion of
which was the old carbondale Landfill), on ihe north is a steep hillside and pastureland within the
parcel boundaries and protectedty a conservation easement, and an agriculturalfield to the west
that will become the cerise pit. The Ranch at Roaring Fork subdivision is located directly south of
the site adjacent to and across sH g2 and the wooden Deer subdivision is located approximately
% mile north of ttre proposed expansion area. There are three ponds and two ditches present on-
site" The Basin Ditch runs through the central portion of the site and spring Ditch lies along the
eastern perimeter of the property. Existing topsoil.is presently stored east of existing mining
operation and will be used for'reclamation olthe existing slopes in Phase 1'
IV. SITE PLAN
The expansion area has gravel at depths of more than 100 feet and groundwater 90 feet below
the ground surface. ln orJer to prevent intercepting groundwater, all proposed mining will be kept
two Ieet above the designated groundwater depth'
Mining will occur in four phases (Phases 1-4), see map below. From the Mining and Reclamation
Maps provided in the application, the site iJ proposed to be mined at 1'5H:1V (1'5:1) with the
exception of the north facing slopes which will 'be mined at a 3H:1V (3:1) slope for the first 30 feet
and 1 .5:1 below the initial a-o feet to the pit bottom. This mining technique is_proposed in order to
reduce visual impacts to land owners to the north such as the Wooden Deer subdivision and
encourage rapid reclamation. The depth of the proposed mining will be approximately 90 feet
Oeep nuiwill depend on geologic/soil conditions and the level of groundwater'
Reclamation will occur concurrenily with all mining and all slopes wrll be reclaimed to a 3:1 slope
in phases 2 - 4. Reclamation at a 3:1 stope is a diviation from the Unified Land Use Resolution of
2OOB, as amendeO, iUfUnl Section l-AqO (HX1XbX1) which specifies 5:1 slopes for dry land
I
+
I
s$
slope areas. The Applicant is seeking approval to deviate from the 5:1 to 3:1 reclaimed slopes
from the Board of County Commissioners (BOCC).
WSA calculates that there is approximately 18,369,000 tons of gravel that can be mined within the
subject site, see chart below. The Appliiant indicates that the maximum amount of gravel that
can be mined in a year is 450,000 ions, however due to a decrease in market demand it is
anticipated that only 2OO,OOO to 300,000 tons will be mined per year. Please note that the
projected time shown below is based on mining approximately 400,000 tons per year.
Anticipated Mining Schedule
Phase Area to be Mined
(in acres)
Projected Time of
Mining (in years)Gravel (in tons)
1*31.70 15.4 6,167,000
2 25.58 13.9 5,570,000
3 20.74 9.9 3,978,000
4 8.62 6.6 2,654,000
TOTAL 95.23 45.8 18,369,000
* The total acreage within Phase 1 is 81.29 acres. The acreage identified in this phase
reflects the remaining amount of land to be mined.
There will be between 20 and 30 employees working at the site but will depend on the time of the
year and work load.
Mining and processing will operate 12 months a year. The hours of operation proposed in the
applicition are 7:00 am to 5:00 pm, Monday through Saturday with administrative and
maintenance functions occurring one hour before and two hours after the hours of operation.
Therefore, the site will be open ftrom 6:00 am to 7:00 pm, Monday through Saturday in some sort
of capacity. This proposal deviates from what was memorialized in Resolution 2011-10 which
states: "Hours of Opeiation: the gravel pit shall be allowed to operate YgldrY - Saturday, with
crushing, digging, and heavy hauling only occurring between 7:00 am to 5:00 pm Monday through
Friday;-n".iy hJuting from 7:00 am to S:OO pm on Saturday; and crushing and digging from 8:00
am to 5:00 pm on Siturday. There shall be no operations on Sunday except in the case of an
emergency or for standard maintenance purposes"" The BOCC may alter this condition
regarding hours based on the testimony presented at the public hearing.
The mining sequenoe for each phase is described as follows:
Phase f (8f .29 acres)o This phase consists primarily of the existing 1981 mining permit area with minimal additional
expansion area;o Relocate the Basin Ditch along the west property line;
o Relocate the existing farm road along west and north property lines;
. Build a five foot tall berm and plant 140 trees on the berm along the north property line of the
subject site;. Strip topsoil and overburden;
. Excavate to a 1.5:1 slope with the except of the north facing slopes which will be mined 3:1 for
the first 30 feet and 1.5:1 below this area to the pit bottom;
o Reclaim all completed mined slopes to 3:1 and reseed;
e Primary crusher to follow northern most edge of excavation to reduce noise;
. wash plant, wash pond, and concrete batch plant to remain in bottom of existing mining area'
please note that a new scale house, shop, and maintenance building are shown on the Mining
plans and on tne gia,nics that follow but'when these buildings will be constructed is unknown'
This application recognizes only that these buildings are p-roposed and will required further
reviewed bY the CountY.
Phase 1
Phase 2 (25.58 acres)o Strip topsoil and overburden;
. Excavate to a 1 .5:1 slope with the except of the north facing slopes which will be mined 3' 1 for
the first 30 feet and 1.5:1 below this area to the pit bottom;
. Reclaim and reseed all completed mined slopes to 3:1;
{OlrisERvATlt N
TA$€MTNT
. primary crusher to follow northern most edge of excavation to reduce noise; and,
. Wash plant, wash pond, and concrete batch plant to remain in bottom of pit'
Phase 2
Phase 3 (20.74 acres)
Strip topsoil and overburden;
Excavate to a 1.S:1 slope with the exception of the north facing slopes which will be mined
3H:1V for the first 30 feet and 1.5:1 below this area to the pit bottom;
Reclaim and reseed all completed mined slopes to 3' 1 ;
Mine 4.2 acres in phase 1 containing the office/shop building, reclaim area to a 3:1 slope and
reseed;
Primary crusher to follow northern most edge of excavation to reduce noise;
Wash plant, wash pond, and concrete batch plant to remain in bottom of the pit'
a
a
a
a
a
a
TASEMT}IT
5tb
>s
a
o
Phases 3 and 4
Phase 4 (8.62 acres)
a
a
a
Strip topsoil and overburden;
Excavate to a 1.5:1 slope with the exception of the north facing slopes which will be mined 3:1
for the first 30 feet and 1.5:1 below this area to the pit bottom;
Reclaim all completed mined slopes to 3:1;
erirrry crusher to follow northern most edge of excavation to reduce noise; and'
Wash ilant, wash pond, and concrete batch plant to remain in bottom of the pit'
Reclamation. Concrete batch plant to remain and
site;
allmateria|stobeprocessedwillbetransportedtothe
o Reclaim existing slopes in original pit with
mining area in Phase 1 to a 2.5:1 slope;
topsoil stored east and adjacent to the original
o Entire site is reseeded; and,
. Access roads as identified on Erosion control Map 2 - Reclaimed Site and Phase 4 - Fully
Reclaimed Site/Reclamation Plan Map to remain'
/.
7
V. REFFERAL AGENCY GOMMENTS
Staff referred the application to the following State agencies and/or County Departments for their
review and comment. Comments receiv6d are noted below and incorporated within the
appropriate section of this memorandum. Comment letters are attached and labeled as noted.
Garfield Countv Veqetation Manaqer (Exhibit l)
Countv Consultino Enoineer, Mountain Cross Enqineerino (Exhibit J)
colorado Division of water Resources - No comments received.
Colorado Geolooical Survev (Exhibit K)
Colorado Department of Transportation (Exhibit L)
received.
- No comments
IRRISATIO PJ$run€: 34"61 ACkts
2.
3.
- No comments received'
Mined Land Reclamation - No comments received'
Colorado Division of Wildlife - No comments received'
Town of Carbondale - No comments received'
Carbondale Fire Protection District (Exhibit M\
Basin Ditch Companv - No comments received'
VI. REVIEW STANDARDS & STAFF COMMENTS
Major lmpact Review for Gravel Extraction are required to adequately address topics in the listed
submittat requirements of section 4-s01 (F) Maior lmpacl Review which includes: Land Suitability
Analysis (Section 4-SO2(D)), lmpact nnatylis (bectio'n 4-502(E)), Erosion and Sediment Control
(Section 4-so2 (cX4)), the Generar oeveropment standards found in Article Vll of the Garfield
county Unified Land'Use Resolution oi zoob (ULUR)" Pursuant to Divisions 1-3 of Article Vll all
applications for land use change shall confoim to ine listed standards. Divisions 1-3 discuss
General Approval Standards, Resource Protection, and Site Planning and Development' The
Applicant has addressed all of the requiremenls of the. ULUR that apply to this Major lmpact
Review and specifically for Gravel Extiaction with standards listed in section 7-840, Additional
standards Applicable to Gravel Extraction. The following provides a-review of specific standards
that are of interest when considering tne impact, caus"J by Gravel Extraction followed by a staff
response.
Section tt-502 @t Land SuitabilitY l?alvsisi. pubticAccess ffiblic access to or through the site'
staff Response: Access to the site is from SH 82 and cR 104/CR 103'
Access to adioining Roadways. tdentify access to adioining roads and site distance
an d i ntersecti o n c o nstrai nts.
st"tr n".ponse: The subject site accesses sH 82 by a private access road' A CDOT access
p"irit has been issued for this road (DOT Permit No..396055). This permit expires on
September 24, ZO1Z Out tn" Applicant has received an extension from CDOT (Exhibit L)' The
acceleration and deceleration lane improvements on SH 82 as per this permit will be built the
summer of 2013 ir this application is approved. No sight distance or intersection constraints
are evident with this access location. The site is also accessed from CR 104/CR 103 which is
rarely used.
Easements. show all easements defining, limiting or allowing use lypes.and access'
Staff Response: There is a gas line andtverhead' power lines south and adjacent to the
subject site. No easement widths are given for.these utilities. The Basin Ditch runs through
the site and the spiing Ditch is locatei along the east property line, outside the area to be
mined. The applicati5n indicates that both ttre Basin and Spring Ditches have a 25 foot
easement but is not shown on any of the maps within the application'
TopographyandStope.Topographyandslopedetermination.
Staff Response: rne'properiy i-r niOO-,rn from view on the south by a 90 foot high ridge that
runs the length of the property along the southern..boundary effectively screening mining
op"iriion, fr-om SH gz. The eastein portion of the.site contains the original Blue Pit
operations consisting olthe office/shop building, scale/administration building, concrete batch
4.
plant, and crushing/screening operations. The western portion ol tn9 site is slightly bowl
shaped ,nd crrr"n-ify-in agri;rltural production as pastureland. The topography increases
stgnificantly north of tn" 6lue Pit ltineteO Pinyon-Juniper Woods on Map C-1 Phase 1-
Existing site) with this portion of the property contained within a conservation easement' The
topography within the expansion area has no significant slope and increases in elevation
when moving to the east.' The Garfield county Geographic lnformation system identifies an
area of moderate soils Related Hazard in the northeast corner of the site.
i. Naturat Features. Significant natural features on'site and off'site'
Staff Response: The expansion ,i"" is slightly bowl shaped and currently irrigated
pastureland. There is an increase in elevation is you move eastward in the proposed
expansion area. There is one pond on-site fed by the Basin and Spring Ditches and used to
irrigate the hay fields on the parcel. The Basin Ditth runs north/south through the site and the
spring Ditch is located within a pipe at the extreme east perimeter of the property' one wash
pond is located within the confines of the current mining operation and shown on the mining
plans. There ir , rignificant 90 foot high ridge that runs easUwest along the property's
southern nounoary. Aligniticant hillside li tocateo north of the Blue Pit and out of the mining
area.
6. Drainage Features. Existing drainages and impo.und.ments, natural and manmade'
Staff Response: There are three mai-maoe water bodies on-site including an irrigation pond,
ditch pond, and a wash pond. The Basin Ditch is used to fill the irrigation pond which waters
that existing nay ti"ioi The Ditch pond located in the southeast corner of the property
collects runoff from the topsoil stockpile along the east property line' The wash pond is
located in the bottom of the pit and used for the washing process of the mining operation.
The Basin Ditch runs north/south through the existing mining operation and the Spring Ditch is
located at the extreme eastern perimeter of the site'
7. Water. Historic irrigation, tailwater rssues, water demands, adequate water supply plan
pursuant to Secfion 7'104.
Staff Response: The proposed expansion area will not create an additional demand for water'
Water for the site ii supplied trom tne Basin Ditch, Spring Ditch, and two water wells
(sunnyside lndustrialwell No. 1 and sunnyside Pit well No. 2).
The mining operation has an approved augmentation plan for the use of the water from the
Basin Ditch and sunnyside lndustrial weli-No. 1. This water is used for dust suppression,
material washing, and toncrete production. The purpose of the Sunnyside lndustrial Well No'
2 is for drinking and sanitary facilities on-site. Fiowever, due to the poor taste of the ground
water, the Applicant has OoitteO water transported to the site by Mountain Clear Water' Both
Basin and Spiing Ditches are used to irrigate the pastureland within the property'
The Basin and Spring Ditches only run during irrigation season and the wells on-site are not
affected by seasona] variations. During n-on-jrriqStion season, all water for the mining
operation iomes from the Sunnyside lndustrial Well No. 1.
g. Floodplain. Flood ptain and flood fringe delineations.
Staff Response: The Garfield County G-eographic lnformation System does not identify the
site in a designated floodplain or flood hazard area'
10
9. Soits. soits determination, percolation constraints, as applicable.
Staff Response: The site consists ,.i.rv oiimpeorado loams. These soils range from 2-60/o
slope and are deep, well drained soils with moderate permeability and high water capacity'
Surface runoff is medium and erosion hazard is slight for these soils'
presenfly, an lndividual Septic Disposal SVstea (ISDS) is on-site along.with several port-a-
potties located around the site. Th! existing lsDS is designed to serve five employees' The
application indicates that there wil1 be ZO-50 employees on the property and they wish to
continue with the existing wastewater configuration. if a land use is in place longer than one
year the Gounty directs Applicants to pr6vide a permanent wastewater system that can
accommodate att their empioyees. tt wiit ue up to the Bocc's discretion if this wastewater
scenario is adequate.
The colorado Geologic survey (Exhibit K) identifies the area as having collapsible soils but if
the site is mined as proposed this agency won't have any concerns.
10. Hazards. Geologic hazards on-site, and adiacentto site'
staff Response:in" G"rri"td couni/ Geographic lnformation system identifies the site as not
having anY geologic hazards.
The Geotechnical stability Analysis prepared by Greg Lewicki and Associates dated February
2012 states,,that the mine ano rectamation plins in tnis application will lead to stable slopes
during and after mining and that there is no realistic threat of failure or to the stability of any
structures outside the permit atea."
The Colorado Geological Survey indicates that there are subsidence risks in the area but if the
mining occurs as diicussed in the application, the -side slopes proposed should be stable'
ini. ,'g"n.y finds this application acceptable and no further analysis is required'
11. Naturat Habitat. Existing flora and fauna habitat, wetlands, migratign routes'
Staff Responr"' A Wildlif; and Habitat Assessment was prepared by Banks and Gesso' LLC
dated April 200g for the expansion area. The report notes that the site consists primarily of
irrigated hayfield with a pinyon-juniper covered hillside in the northeast corner.
Deer and elk are the two most affected species that use the site both during the summer and
as winter range and that deer make less use of the site than elk. There are no mapped
summer range, production areas, or migration routes for elk. The report states that there will
be a reduction in habitat area during ,r'ining activities but proper reclamation and replanting
will enhance the site for wildlife. The report suggests the proposed weed control plan is a
mitigating measure and that pet restrictions be imposed to limit harassment of wildlife'
No wetland species were found on-site'
12. Resource Areas. protected or Registered Archaeological, cultural, paleontological and
historic resource areas.
Staff Response: The application contains a letter from the colorado Historical Society dated
May 22, 2012. The letter does not identify any archeological or historic sites within the
project area.
section 4-502 El lmpact Anqlvsis The lmpact Anatysis shatl. provide. a description of the
impacts that the proposed land usd change may cauie, based upon the standards that the
proposed use musf satisfy. The lmpact Anilysis inal inctude a complete description of how the
1.1.
3.
appticant wil ensure that impacts wjil be mitigated and standards wilt be safisfied. The following
iniormation shatt be inctuded in the lmpact Analysis'
1. Adjacent Propefty. An address tist of real property adiacent to the subiect propefty'
and the mailing address for each of the property owners.
Staff Response: The Applicant proviOeO an aOOrels list for property owners within 200 feet of
the parcelfor Public notice.
2. Adjacent Land use. Exis ting use of adjacent propefty and neighboring properties
within 1500'radius.
staff Response: The site is located in an area of irrigated pasture, gravel mining, commercial
uses, and rural residential uses.
site Features. A description of site features such as streams, areas subiect to flooding'
lakes, high ground witer areas, topography, vegetative cover, climatology' and other
featu'res thal may aid in the evaluation of the proposed development' . -
Staff Response: From SH 82 the site steeply stbpei up to a plateau us{ .foL agriculture and
girr"r ,rui.,ing. This rise effectively screens'the mining operation form SH 82' The eastern
portion of the site-contains the original Blue Pit op6rations consisting of an office/shop,
administration/scale house, concrete batch plant, and crushing and screening equipment' The
western portion of gre site is currently in agricultural^produ-tion as irrigated pasture' The
topography increases significantly notin ot i-he Blue eit lta5eteO Pinyon Juniper Woods on
Map C-1) with this p;'d oi tf.]" 6arcet contained within a conservation easement' There are
no natural water ooOies on the s'rte but three man-made ponds used for irrigation and mining
and two ditches (Basin Ditch and spring Ditch). There are no areas of flooding or high ground
water located on the site.
Climate data for the site is assumed to be similar to that of the Glenwood Springs #2 (053359)
weather station. r-ne average precipitation is 16.47 inches, The average temperatures range
fromtheSO'sinthesummertolowteensduringwinters.
soit characteristics. A description of soil characferisfics of the site which have a
significant influence on the proposed use of the land'
Staff Response: This is adoreised under Section 4-502 (D) Land suitability Analysis, 9' soils'
5. Geology and Hazard. A description of the geotogic characterisfics of the area including
any potential natural or man-made hazar-ds, and a determination of what effect such
tactors woutd have on the proposed use of the land'
staff Response: This is adiressed-unoer section 4-502 (D) Land suitability Analysis, 10'
Hazards.
6. Effect on Existing water supply and Adequacy of supply. Evaluation of the effect of the
proposed land ule on the iipacity of thit source oi witer supply to meet existing and
future domestii iid agricultirat iequirements and meeting the adequate water supply
requirements of Secfion 7-104.
Statf Response: This is addressed
Water.
T. Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of
the subject parcel to ftoodptains, the natui of soils andsubsoils and their ability to
adequatety suiport waste disposal, the slope of the land, the effect of sewage
efflients,-ana [ie pollution of sufiace runoff, stream flow and groundwater'
under Section 4-502 (D) Land Suitability Analysis, 7'
t2
staff Response: The Mining and Reclamation Plans shows new buildings for a
scale/administration, maintenance, and shop. No details on these buildings are provided in
the application since they will be construition sometime in the future. A new wastewater
disposal system will also be installed at the time of building construction.
The site is outside any identified flood hazard zones. The application narrative reports that
groundwater in the expansion is at 90 feet below the surface and all mining activities will be
maintained at least two feet above groundwater'
There is an existing lndividual Septic Disposal System (ISDS) (Permit No. 2038) located ne.ar
the existing office and shop (Exhibit N). This lsbs is designed to accommodate five people,
which isn,t sufficient to serve the 20 to 30 people proposed. Presently, several port-a-potties
are located around the site to accommodate empioyees and are serviced bV Moqn!1in. Roll
offs, lnc. No ,,will serve" letter has been provided'in ihe application and submittal of this letter
shall be made as a condition of approval.
The application narrative reports that groundwater is.located 90 feet below the ground gurf^ac.g
and all mining activities are to stay ab6ve the groundwater. lf any spills occur on-site, the Spill
prevention control and Countermeasure etan-1secC) dated January 2010 will be followed to
contain these spills. Fuel storage tanks are located east of the scale/administrative building
and have a secondary containment around them'
g. Environmental Effects. Determination of the existing environmental.conditions on the
parcel to be a""aii"i and the effects of development on those conditions, including:
a. Determination of the long term and short term effect on flora and fauna.
Staff Response: This is addressed under Section 4-502 (D) 11. Natural Habitat'
b. Determination of the effect on significant archaeological, cultural, paleontological,
historic resources.
Staff Response: This is addressed under Section 4-502 (D) 12. Resource Areas'
c. Determination of the effect on designated environmental resources, including
critical wil dlife habitat.
(1) tmpacts on witdlife and domestic animals through creation of hazardous
attractions, alteration of existing native vegetation, blockade of migration
routes, use patterns or other disruptions'
Staff Response: A Wildlife and Habitat Assessment was prepared by Banks and Gesso,
LLC dated April 200g and states that there will be a reduction in habitat area during mining
activities Oui froper reclamation and replanting will enhance the site for wildlife' The
report also suggests the proposed weed control-plan is a mitigating measure and that pet
restrictions to limit harassment of wildlife be imposed. The area is not identified as critical
habitat with limited impacts to native vegetation. lmpacts appear to be minimal.
d. Evaluation of any potentiat radiation hazard that may have been identified by the
Sfafe or County Health Depaftments.
Staff Response: There are no radiation hazards identified for this site.
13
e. Spiil prevention Control and Counter Measures plan, if applicab.le'
staff Response: The application includes a spill Prevention, control and countermeasure
plan prepar"o-ny crej'lewicki and Associaies, PLLC. The plan details on-site storage
and handling otl'iqriOtlhow spills are handled, emergency response, and training'
9. Traffic. Assessme nt of traffic impacts based upon a traffic study prepared in
compliance with Secfion 4'502(J)'
staff Response: The property has public road access onto sH 82 with an active access
permit issued by the cDoT which was recently renewed. This permit is based on 77 Design
Hourly Volume (which includes p.tt"ng"i caiequivalents) rather than.acreage mined' There
are no issues using the current'access"permit f9r_gravel mining activities. secondary access
to the site is through CR 104 connecting to CR 103'
Garfield county Road and Bridge had no issue with the proposgq 9*P?nsion A traffic study
was prepared by Kimley-Horne, OaGO May 31 , 2012 wnlcn didn't identify any increase in
traffic volumes.
10. Nuisance. lmpacts on adjacent land from generation of vapor, dust, smoke, noise, glare
or vibration, or other emanations'
Staff Response: Mining activities are known to impact surrounding areas in which they are
situated. This application addresses this section as follows:
Air Permit (Construction Permit)
The Applicant has provided in the application Construction Permits for the gravel pit and
equipment to be used for the mining operation.-All permits are current which was verified by
County staff on August 16,2012 witi Jonathan Brickey, Colorado Department of Public Health
and Environment (CDPHE)'
Noise
Gravel extraction emits significant and constant noise. Noise levels related to certain uses in
Colorado (as well as is reierenceoln ihe county's land use regulations) is governed by state
law (cRS 25-12-103). The law provides that the noise emittei cannot exceed certain noise
levels (measured at 25 feet oeyonJ ffre gravet extraction property line) based on the adjacent
receiver property,s use. ln this caie of in" gtr" Pit there are several uses that surround the
subject property that the County iOentifies as residential (northwest, north, northeast' and
*"d0, tijnt inouitriat (south), and industrial (east and west).
section 5 of cRS 825-12-103 of the noise abatement law also states, "construction proiects
shail be subject to the maximum permissible noise levels specified for industrial zones for the
period within which construction ii ti n" completed pursuant to yy applicable construction
permitrssued by proper authority ir, if no time'timitation is imposed,.ior a reasonable period of
time for completion of the proieci.':"Therefore, during "constiuction" a use can be as loud as
the table permits (at 80 dB(A)). The statue, however, does not describe what activities are
included as "construction."
A Noise Assessment prepared by EDI dated January 20-10 and revised June 2012
accompanied by an August 2012 supplemental Data (Exhibit o) states the noise analysis is
based on two requirements: 1) Ouri.g development (construction of access roads, top soil
removal and storage, Set up staiiona-ry equipment such as crushers' Screens' and engine
generators, lnstattition of utilitie;, ;a construction of earthen noise barrier berms) the
daytime noise limits shall not exceed the maximum allowable for lndustrial Zoning of 80 dB(A)
at a distance of 25 feet beyond the subject site in all directions; and, 2) during production
(hauling and processing of materials). in the expansion area, the noise limits shall not exceed
the maximum altowable for Residential Zoning'or 55 dB(A) during the daytime and 50 dB(A)
during nighttime at a distanc e of 25 feet beyond the subject site or at the receptor'
Construction Noise Levels
This report inOicate! tnat the maximum noise levels during all the phases is to occur when
front end roaders are moving overburden at-ground rever and near the subject site boundary
line, The noise revers at the crosest homes to-the north and south of the subject site will be 62
dB(A) or less. Twenty five feet from the west and east boundaries of the subject site the noise
levels will be 70 and OO dB(A), ."rp".iir"ty. As inOicate-d above, the "mining construction" is
subject to the ,r*irm peimissioie noi# revers specified for the industriar zone and since
these anticipated noir" revers "r" o"io* ao oatai they'il be in compliance with applicable
limits identified in CRS 525-12-103'
The Noise Assessment Supplemental states that during production the noise levels 25', from
the subject property line will range trom gS to 66 Oe(n)s (see m.ap below) which are in
compriance with the cRS noise stanoaiJs, However, piease'note that the reclaimed landfill
will have 60 dB(A) which contradicts tre iGtement in th; lV. Analysis A 2, page 7 of the report
which indicates that the noise levels of the subject site will not exceed the residential noise
limits of 55 dB(A) during production'
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Glare
The existing buildings and storage tanks are painted neutral colors and mining equipment is
located in the pit an-d non-reflectiv".-ih" appiication doesn't mention lighting but a condition
of approval shalt be set stating that all iigntii,b on-site is to be shield and directed inward and
downward.
Vibration
WSA will not conduct any activities within the Blue Mine permit boundary that causes
perceptible ground vibration at any point along the boundary line of the subject property'
ll.Reclamation Ptan. A reclamation plan consrstenf with the standards in section 7-212
!?'.tt *".oonse: Reclamation will occur concurrently with all mining and slopes in-Phases,2' 3'
and 4 will be reclaimed to a 3:1 tfope, see ErosionControl Map 2 - Reclaimed Site or Phase
4 - Fully Reclaimed site/Reclamailon'etan tvtap. Phase 1, located within the existing permit,
has approval to reclaim to a slope of 2.5:L iReclamation at a 3:1 slope deviates from the
Unified Land Use Resolution of 2008, as amenoed, (ULUR) Section 7-840 (HX1XbX1) which
specifies 5:1 stopes for dry ranO sflpe areas. -T: trr',cant is seeking. approval to deviate
from the 5:1 to 3:1 reclaimed slopes irom the BoCC. The shape of the pit will undulate to give
it a more natural appearance, "n- ,pp"rtrn." desired by wooden Deer subdivision
homeowners.
The post-mining land use includes irrigated pasture,.rangeland, and industrial' The concrete
batch plant wili remain in its curr"ni to.riion and co-ntinue to produce concrete for the
surrounding area, but all the aggreiate will be imported to the plant' The pit floor will be
seeded with a piriri" !rr.. in-o tfie side slopes with Dryland (Rangeland) Seed. Mix' n
temporary ,""d- mii wiri be used on the north facing slopes during th.e mining phases to
reduce visual impacts to neighbors to the north and tiitt ue reseeded with the Dryland Seed
Mix when final reclamation occuri on-site. The pastureland is to be irrigated and dryland
areas only during drought years. staff recommends that the dryland seeded areas be
irrijated for the tif,t two feari to assist it becoming established'
prior to any mining occurring in the expansion ar.ea, 140 trees (deciduous and evergreen) will
be planted along the north perimeter to reduce the visual impact of !he. mining operation (see
Landscape plan) and irrigated OV a spiinffer system with water supplied from the Basin Ditch'
Several roads shall remain after reclamation in order to provide access to site.
No surface water shall leave the site. Stormwater will be directed to the pit bottom where.it
can drain tnrougn tn" pororc materials at the bottom of the pit. stormwater falling on the pit's
recraimed side sropes wiil be .rught i; .arcnment benches with grouted channels that will
transfer allwater to the pit floor'
section 7-101 Compliance with zone District use Restrictions
staff Response: The property is in the
'Rurar
Zoning District and a gravel extraction facility is
considered a permitted land ise subject to Major lmplct Review' All development standards are
met.
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section 7-102 Compliance with comprehensive Plan and lntergovernmental Agreements.
staff Response: ThJorrri"ra county corpi"rr"nsive plan 2030 encourages resource extraction.
This is expressed in section g - Mineral Extraction Vision which states "Resource extraction,
including oil and gas development, has been encouraged to remain in the county due to their
contribution tney mare to the county,s overall goal of having a diverse and stable economy.
while resource industries are welcom"o in tn" coiunty, they have been expected to fairly mitigate
n"g"tir" impacts that might have resulted due to their operations."
Ultimately, this gravel extraction project is an industrial activity with long-term impacts to the land
and is not generally compatible with residential uses; howevei, both the Comprehensive Plan and
the ULUR indicate tnat rir*"r extraction can be "compatible" if adequate mitigation is proposed
that is accePtable to the BOCC.
The Future Land Use Designation for the subject site is Residential Medium (6 to <10 acres per
dwelling unit) however, the Applicant is proposing an end use of agriculture. The subject property
and site are also identified as being iri t-ne Agiregate, sand and Gravel Potential area of the
County indicating its importance as a resource'
Secfion 7-1 03 ComPatibilitY
Staff Response: ThL site is iocated in an area of agriculture, gravel mining, commercial' and rural
residential uses. The froposeo mining operation iJcompatible with the adjacent cerise Mine and
powers Mine situateci to the west oi the site. The views of the property from SH 82 are not
possible due to a go foot elevation difference and vegetation. Pinon and junipers situated along
the southern edge of the subject prop"rtyi.reen the s-ite.from parcels to lfre south. A large earth
berm screens the site from the east. ffrere are residential properties to the north and northwest
of the Blue pit (i.e,, wooden Deer Sunoivislon) which are ai a higher elevation than the mine' ln
order to mitigate the views of these property o*1"t9, the.Applicant proposes to plant trees along
the north permit boundary, reclaim t-ft"- ntttf, facing slopis when mining, and place mining
equipment in the Pit.
section 7-104 Sufficient Legat and Physical source of water
staff Response: This is addlessed under section 4-502 (D) Land suitability Analysis, 7' Water'
The Carbondale & Rural Fire protection District indicaie that they have no issues with the
application.
Secfion 7-105 Adequate Water Supply
Staff Response: water supply requirerients will not change with this expansion. The estimated
supply requirements are l"q acre-feet per year with the following breakdown:
Water Used For
Annual Water Use
Requirement
(Acre-Feet)
Pond Evaporation 1.35
Dust Gontrol 1.54
Crusher/Screen 2.09
Concrete Truck Washout 2.38
TOTAL ANNUAL
OPEMTIONAL
CONSUMPTIVE USE
7.36
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Secfion 7-1OO Adequate Water Distribution and Wastewater Sysfems
strn n"rponse: Waier wells provide the required water to.the site for operational and wastewater
needs, ln addition, Basin and Spring Ditches water will be available for irrigation and.mining
needs. An lsDS has been installed near the shop area and several port-a-potties are located
throughout the site for use by employees working in the field.
Sectfon 7-107 Adequate Public Utilities
Strtf n"rponse: The site is presently served by Holy Cpss (electric); So.urce Gas (natura] Sa|)'
and Century Link (telephone and iniernet) and no idditional public utilities are required for the
expansion area.
Secfion 7-108 Access and RoadwaYs
statr Response: This is addressed in Section 4-502 (E) lmpact Analysis, 9. Traffic.
Secfion 7-1Og No Significant Riskfrom Natural Hazards
Staf nesponse: The Garfield County GIS maps do not identify any areas of natural hazard on
the site.
PERMITS
Section 7-201 Protection of Agricultural Lands
St.ff n"rponse: The use of the site will not adversely atfect surrounding agricultural uses. The
crrri"ro iounty Gls identifies soil at the northeast corner as "Prime, lrrigated" and at the southern
boundary of the expansion area as "lrrigated, Not Prime". The majority of the mining impacts will
o" c"ntrirrv located with some impact to tne northeastern edge and southern boundary. on-site
soils will be stockpiled and reused in the final reclamation. The end use of the site is pastureland'
ln the application the Basin Ditch will be moved to the west and north perimeters of the subject
site and placed in a siphon. As per Section 7-201(G) (1), no design details or documentation for
the Basin Ditch was provided that ..."shall insure tlrat the use of those ditches including
maintenance, can continued uninterrupted.", therefore, this standard has not been met' There are
ttiiee options the BocC can consider regarding this deficiency including:. 1) set a condition of
"pp.rjr to provide a design of the propoJed ditln alignment; 2) continue the public hearing until
the design is documented and reviewed by staff; or, 3) deny the application'
Secfion 7-202 Protection of Wildlife Habitat Areas
Staff Response: This is addressed under Section 4-502 (D) 11. Natural Habitat.
Secfion 7-203 Protection of Wetlands and Waterbodies
st"ff n".ponse: The Garfield County Geographic lnformation System does not identify any
designated flood plain, flood hazard aiea, we-tlands or other water bodies on the site. The Basin
Ditc[ runs through the center of the exisiing mining area and the Spring Ditch is located on the
east perimeter of the site.
section 7-204 Protection of water Quality from Pollutants
Strf n"rponse: Tlris is addressed in Section 4-502 (E) lmpact Analysis, T.Effect on Groundwater
and Aquifer Recharge Areas.
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Secfion 7-205 Erosion and Sedimentation
staff Response: The application contains Erosion control Maps 1 and 2 prepared by Greg
Lewicki and Associates dated February 2012'
presenly, all stormwater runoff in the mined area of the site is directed to the pit floor where it will
filter into tne groundwater. As the mininj progresses into the expansion area (pastureland), all
stormwater will be directed to the pit bo[tom. The consulting engineer has requested that the-
Applicant provide runoff volume, surface areas, depths, iniittration rates of the site' Staff
recommends that this be made a condition of approval"
once the site is reclaimed, drainage will be directed to three 8.25 foot wide stormwater catchment
benches as illustrated on the Erosion control Map 2 - Reclaimed Site. These benches will convey
stormwater to four grouted channels that will carry the water to the bottom of the reclaimed pit'
since all the stormwater runoff is contained on-site no stormwater Management Plan or
Stormwater Discharge Permit are required'
secfion 7-206 Drainage & Secfion 7-207 Stormwater Run'Off
St"t n"rponse: See tie response in SectionT-205 Erosion and Sedimentation'
Section 7-208 Air QualitY
Staff Response: Staff Response: This is addressed in Section 4-502 (E) lmpact Analysis, 10'
Nuisance.
Section 7-2Og Areas Subiectto Wildfire Hazards
staff Response: The site is identified .i , "Low Hazard" area on the Garfield county wildfire
Hazard MaP.
Section 7-210 Areas Subiectto Natural Hazards and Geologic Hazards
"
Staff Response: This is -addressed under Section 4-5oz 1D; t-and Suitability Analysis, 10'
Hazards.
Secfion T-211 Areas with Archeological, Paleontologicat or Historical lmportance
Strf n"tponse: This is addressed under Section 4-502 (D) 12' Resource Areas'
Section 7-212 Reclamation
star Response: This is addressed under section 4-502 (E) 12. Reclamation"
Secfion 7-703 Standards within view Protection overlay.
Staff Response: ln the map above tre carrietd county Geographic lnformation system identifies
the visual corridor seen from major roads such as sH az.- The proposed mining area will.be
screened from the ,,view corridor",
- as identified by the Comprehensive Plan, by being
approximately g0 feet above sH g2. Trees along the southern perimeter of the site also assist in
screening the proposed mining operation.
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secfion 7- 814 Additionat standards Applicable to Mining and Extraction uses'
A. Roads
1. lmpact Mitigation
staff Response: As per the cDoT permit, the Applicant will be making improvements to
SH 82.
2. VehicleWeight
Staff Respo,ir", WSA states they will comply with Garfield County Ovenrveight Vehicle
Regulations.
3. Seasonal Traffic Limitation
staff Response: No traffic limitations have been proposed'
B. Routing
Designation of construction and haul routes for a specific mining operation application shall
comply with the following standards:
1. Avoidance of DeveloPed Areas
staff Response: Primary access to the site is by a private road onto sH 82'
2. Timing of Hauling
Staff Response: lrVSn will need to adhere to the hauling hours set forth in Resolution
2011-10.
3. Load Control
Staff Response: Signs will be posted requiring customers to secure loads and a location
provided for drivers to inspect tiieir tarping devTces. Visual inspection will be conducted of
20
loads leaving the site. wsA will use water on haul roads for fugltive dust suppression as
*"ft ,r seas6nal application of chemical dust suppression.
C. Wildlife
Staff ResPonse:This is addressed under section 4-502 (D) 11. Natural Habitat'
D. EmergencY PreParedness
staff Response: An Emergency Preparedness.Plan wasn't provided inthe application' staff
recommends this pr"n o" ri,omiiteo i6 tr" county prior to the issuance of a Land Use change
permit as a condition of aPProval'
Section 7-810 Additional Standards Applicable to lndustrial Use
A. Alt fabrication, service ana repii ii"riiions shall be conducted within an enclosed
buitding or obscured by a fence, natural topograph.y or landsglPing'
,
Statf Response: The existing Blue Fit op"rrtl-lons include a fully enclosed maintenance
building. This requirement is met.
B. Att operations invotving toading and unloading of vehicles shalt be conducted on
private property anA snilt not be-conducted on a public right'of-way'
-Staff
Response: This requirement is met'
c. Att outdoor storage facitities for fuel, raw materials and products shalt be screened by
naturat top"giiiti ir enctosed';i ; i"r"" or wall adequate to conceal such facilities
from adiacent ProPertY.
1. Att outside storage abutting or facing a lot in a_residential or commercial zone shall
be screened b,y' natural toioirrpir or enclosed by a -site-obscuring fence to
obstruct the storage area tromTiew. The fence shall Ee of material and design that
will not detract from adiacent residences'
Statf Response: Storage oi tuets and product materials are screened by existing
vegetation, a berm, and the existing topography'
D. Atl industriat wastes shatt be disposed of in a manner consisfent with statutes and
requirements of CDPHE.
statr Response: No industrialwastes are proposed with this use'
E. The votume of sound generated shalt comply with the standards set forth in the
Colorado Revised Statufes.
staff Response: This is addressed under section 4-502 (E) lmpact Analysis, 10' Nuisance'
F. Every use sfall be operated so that the ground vibration inherentty and recurrently
generated is not perceptible without instriments at any point of any boundary line of
the ProPertY.
Staff Response: Ground vibration beyond the site boundary is not anticipated'
G. Every use shall be so operated that it does nof emit heat, glare, radiation or fumes
which substantiatty intertere with the existing use of adioining- property or which
constitutes a public nuisance or hazard. Flariig of gases, lrcraft.warning signal and
reflective painting of storage tanks, or othei legil requirements for safety or air
pollution control ir"r"ur"" shall be exempted from this provision'
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