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HomeMy WebLinkAbout4.0 PC Staff Report 11.12.2014Exhibit List Amendment to the approved Cerise Gravel Mine (Application: MPPA 7832) — Major Impact Review for "Extraction" of aggregate PC Public Hearing (11/12/2014) Exhibit Letter (A to Z) Exhibit A Proof of Publication and Mailings B Garfield County Land Use & Development Code of 2013, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Memorandum F Staff Powerpoint G Email from Garfield County Road and Bridge Department dated 08/12/14 H Email from Garfield County Vegetation Manager, dated 08/15/14 Letter from Consulting Engineer, Mountain Cross Engineering, Inc., dated 07/31/14 J Email from Garfield County Environmental Health Manager K Letter from Colorado Division of Water Resources, dated 08/11/14 L Letter from Colorado Division of Wildlife, dated 08/12/14 M Email from the Carbondale and Rural Fire Protection District, dated 08/14/14 N Letter from Colorado Dept. of Public Health and Environment dated 08/07/14 0 Referral Form returned from County Sheriff P Resolution 2011-44 Q Applicant Response to Staff Report dated 09/10/14 NOTE! The Previous Exhibits were already provided to you and you should bring them to the hearing. Exhibits R & S are new. R Revised / Updated Staff Report dated 11/12/14 S Revised Noise Report from Hankard Environmental dated 11/05/14 T 0 EXHIBIT PC 11/12/14 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST Amendment to the approved Cerise Gravel Mine (Application: MPPA 7832) — Major Impact Review for "Extraction" of aggregate APPLICANT/PROPERTY OWNER REPRESENTATIVE PARCEL ID PROPERTY SIZE/SITE AREA Clifford Cerise Ranch Company, LLLP Ben Langenfeld (Greg Lewicki & Associates) Pete Siegmund (Oldcastle SW Group) 2393-253-00-158 109 acres / 65.48 acres LOCATION Located at the northeast corner of State Highway 82 (SH 82) and Crystal Spring Creek Road (CR 103). Approximately 2 miles northeast of Carbondale, CO ACCESS EXISTING ZONING COMPREHENSIVE PLAN of 2000 Direct access off of CR 103 Rural Residential Medium (6 to <10 AC/DU) Page 1122 I. BACKGROUND & GENERAL PROJECT DESCRIPTION Clifford Cerise Ranch Company, LLLP (Applicant) is requesting to amend the existing approvals for the Cerise Gravel Mine that was approved by the Board of County Commissioners on July 5th, 2011. That application was processed through a Major Impact Review and the final approval decision is memorialized in Resolution 2011-44 (attached to this memorandum). Since the requested amendments discussed in this memorandum are considered a 'substantial modification' to the current approvals, this application is also being processed through a Major Impact Review. For the sake of brevity and clarity, this memorandum will focus on the modifications being requested. The current approvals allow for the Applicant to mine sand and gravel on their property located on the northeast corner of State Highway 82 (SH 82) and County Road 103 (CR 103) in the lower Roaring Fork Valley. At the time of the original approvals, Lafarge West, Inc. had a lease agreement with the Applicant to mine and process the aggregate on-site. That has now transferred to United Companies (United) to be the operator of the gravel mine and which is pursuing these modifications. The subject property is approximately 109 acres of which approximately 65 acres of the property is proposed to be mined. The requested amendment does not change the location and size of the mining operation. The subject parcel consists of agricultural land consisting of several residences, outbuildings, corrals on the northern portion of the site and pastureland to the south. The property is defined by steep slopes along its western and southern boundaries and Crystal Springs Creek runs along the western edge of the parcel. The 65 acres to be mined consists mainly of flat and gently sloping pastureland. Pinion and juniper trees located along the west and southwest slopes of the property assist in screening the parcel from portions of SH 82 and portions of CR 103. The Basin Ditch bisects the northern portion of the subject property and is approximately 20 feet north of the proposed gravel mine's boundary. The entire property is fenced. The 65 acres to be mined (Cerise Mine) is adjacent to rural residential to the north, agricultural/gravel mining (Blue Pit) to the east, SH 82 to the south, and CR 103 and gravel mining (Powers Pit) to the west. The Wooden Deer subdivision is located further to the north of the site and will maintain views of the land proposed to be mined. While the existing residences on the subject parcel are accessed off of CR 104, the proposed mining site will be accessed off of CR 103 which is a paved county road approximately 24 feet in width. CR 103 is flanked by steep slopes on both sides of the road; the parcel to the west slopes steeply up; and, the land to the east slopes sharply down to Crystal Springs Creek. With the opening of this site the existing gravel operation (Powers Mine) adjacent and to the west will be closed. It is anticipated that the Cerise Mine will be mined for approximately 18 years followed by final and remaining reclamation. However, this timeline is an estimate and is dependent upon demand and market conditions. The original Cerise Mine approvals allowed for a concrete batch plant; this subject amendment had originally removed that from the plan as the Applicant intended only to mine aggregate on an 'as -needed' basis and truck the aggregate to the west across CR 103 to the Powers Pit where the concrete batch plat operation is currently in operation. Since this amendment application was filed with the County, the Applicant has brought the concrete batch plant back in to the mining plan and has adjusted their amendment application to include the plant. As a result, this Staff Memorandum has been slightly adjusted to reflect an analysis that includes the concrete batch plant. Page 2122 II. Referral Comments Received Staff referred the Application to the following referral agencies and their comments are provided in summary below as well as attached as exhibits to this memorandum. A. Garfield County Road and Bridge Department: In addition to participating in the site visit held on August 18, 2014, R&B Staff recommends keeping conditions of approval numbers 6 — 9 in Resolution 2011-44 as written with a requested change to the last sentence of condition number 9 as the following: "The portion of County Road 103 that is to be analyzed commences 200 feet north of the Cerise Mine's access road and continues south to the new access to the Powers Pit and this portion of road shall be reconstructed to the proposed engineering design." Additionally, if a gate is to be used for security at access point, would like to see location. Finally, R&B Staff would like to see engineering design of a WB -67 truck heading north on CR 103, turning right into the pit with a truck stopped at the exiting stop sign, showing it would not have to stop on CR 103 to allow a truck to exit the pit first. B. Garfield County Vegetation Management: Proposed weed management program is acceptable. There may be a need to manage nuisance weeds (Kochia and Russian Thistle) during mining and reclamation. Regarding revegetation, proposed seed mixes are acceptable. C. Colorado Department of Public Health and Environment: Provided a form response letter that essentially requires the Application to comply with Regulation No. 3, Appendix A and C. An Air Pollution Emissions Notice (APEN) and an Application for Constriction permit will be required for this operation. D. Garfield County Sheriff Office: No Issues of concerns. E. Colorado Division of Water Resources: Indicated that the proposed operation does not anticipate exposing ground water so exposure should not occur during mining or reclamation. Also, if storm water is not diverted or captured in priority, it is required to be released, or replacement for evaporation will be required. Any exposed ground water must be backfilled immediately until a well permit is obtained allowing exposure in a pit. F. Colorado Division of Parks and Wildlife: provided the following recommendations for the development of the gravel operation including all garbage containers be certified bear proof and emptied often; suggests a reclamation see mix containing a variety of grasses and forbes along with shrubs such as sage brush; develop the access to the site with a culvert Targe enough for the passage of fish in Crystal Springs Creek as well as using appropriate sediment controls; Pits that are anticipated to fill with water should have slopes of at least 3:1 and / or ramps for wildlife to exit; and recommends a strict adherence to hours of operation from 7:00 AM to 5:00 PM for heavy construction activities for noise impacts to wildlife. G. Carbondale & Rural Fire Protection District: has no issues with the proposed amendment. H. Garfield County Environmental Health Manager: Concurred with previous comments provided for the original LaFarge application. These include noting that since the employee count was reduced below 24, a CDPHE approved system is not necessary; Applicant should demonstrate that air P. age 3122 permits are still valid for equipment; applicant shall obtain all CDPHE required air permits as well as an APEN; suggests a limit of 100,000 tons of mined gravel per year; an air permit for the concrete batch plant is no longer needed; suggests reducing hours of operation due to noise impact to nearby residents and use dust mitigation. Additionally, the department supports the policy for requiring the Onsite Wastewater Treatments System (OWTS); and also continues to support conditions 3, 18, 19, 30, and 32 in Resolution 2011-44. 1. Garfield County Contract Engineer (Mountain Cross Engineering): Provided the following comments: 1. The Applicant should provide a permit for the CR 103 driveway. 2. The Applicant should provide correspondence with the local Fire Protection District and the correspondence should address the flammable and hazardous materials intended at the proposed gravel pit. 3. The Applicant will need to obtain permitting from CDPHE. 4. The Applicant should evaluate if silt fencing at the toe of the proposed berms may be warranted until after they have been revegetated. III. Specific Proposed Amendments to Current Approvals A. Primary Site Plan Components The proposed site plan has eliminated the office / restroom facility. The scale has been kept but the large parking area has been reduced due to the significant drop in anticipated full time employees from 45 to 8. Mining, crushing and washing will continue to occur but with portable plants rather than permanent facilities. There will still be a need for limited fuel storage tanks with secondary containment. Other facilities that will remain include the concrete batch plant, a trash dumpster, and portable toilets to be located near portable equipment or the face of the mine, a tailing pond, and overburden, topsoil, and material stockpiles. Equipment proposed for the Cerise Mine includes the following changes: Approved Equipment / Structures 4 loaders 2 diesel powered generator set 1 dozer 2 - 4 scrapers 1 grader 1 backhoe 1 water truck 2 — 3 pumps (as needed) 1 skid steer 1 Scale 1 Crushing Plant Proposed Equipment / Structures 4 loaders (3 are temporary) 1 Dozer (temporary) 2 — 4 Scrapers (temporary) 1 Grader (temporary) 1 Water Truck 1 Scale 1 Crushing Plant (portable) P a g, e 41 22 1 Wash Plant 1 Trash Dumpster 1 Office w/ Bathroom 2 — 4 Portable Toilets 1 Concrete Batch Plant B. Gravel Mine Phasing Plan 1 Wash Plant (portable) 1 Trash Dumpster 2 —4 Portable Toilets 1 Concrete Batch Plant The proposed mining schedule, completed through 4 primary mining phases and a reclamation phase will take approximately 18 years from start to finish depending on market conditions. The application proposes a mining phasing plan that includes concurrent reclamation in a similar fashion to the currently approved plan. Based on this proposed mining schedule, United will mine approximately 375,000 - 500,000 tons per year with an average of 437,000 tons per year. Many of the proposed processing facilities are defined as temporary. Note, the Application contains no information as to the definition of "temporary" such as duration; as a result, these temporary structures could be on-site permanently with no assurance as to their temporary nature. This mining time frame is three years longer than the originally approved mining plan. Consider a comparison between the two below: Currently Approved Mining Schedule Approved Mining Schedule Phase Disturbed Area (in acres) Mine Area (in acres) 6.5Gy-VI,'04_,, Pro(jin tearsTime y ) 1 27.8 6.1 Phase 1C 1.9 2 29.5 24.1 7.1 3 0 7.4 2 4A 8.2 8.1 3.4 4B 0 2.1 0.6 TOTAL 65.5 47.8 15 Proposed Mining Schedule Anticipated Mining Schedule Phase Description Disturbed Area (in acres) Projected Time (years) Phase 1A & 1B Build topsoil berm and overburden stockpile. Revegetate berm and pile immediately upon completion. Mine out Phase 1A and 1B 8.8 acres 1.7 Phase 1C Mine out Phase 1C after backfilling Phase 1A. Topsoil and revegetate Phase 1A 9.5 acres 3.4 Page 5122 Phase 2 Reclaim most of Phase 1B and some of Phase 1C while mining Phase 2 14 acres 5.9 Phase 3 Reclaim Phase 2 while mining Phase 3 14.6 acres 4.7 Phase 4 Reclaim Phase 3 while mining Phase 4 6.4 acres 2.2 Final Reclamation Reclaim remaining disturbed areas such as berms and scale area. 0.3 Total 18.2 The mining is to occur primarily in four phases (rather than 5 in the current approvals). From the Mining and Reclamation Maps provided in the Application the site is proposed to be mined at 1:1 or 3:1 slopes and reclaimed at 3:1. The depth of the mine will be approximately 100 feet deep but will depend on geologic/soil conditions. Reclamation at a 3:1 slope is a deviation from the County's Land Use & Development Code standards which specifies 5:1 slopes for dry land slope areas. The current approvals allowed the Applicant to deviate from the 5:1 to 3:1 reclaimed slopes. Consider another way to compare the mining phases between the approved phasing plan on the left with the proposed plan on the right. The Applicant suggests this new phasing plan is less impactful because it will be reclaimed as much as possible while mining out future phases. Additionally, the total amount of exposed disturbed land will be reduced from 60 acres to 31.4 acres at any one time during the life of the mine. C. Employees The current approvals included up to 45 full time employees where 20-35 people were employed by Lafarge and the other potential 10 people worked at the Ready Mix concrete plant. The current proposal is to operate the mine as a borrow / rock source on an as needed basis. This would include hauling the rock out of the mine and sending it to various needs in the area that also include feeding the Ready Mix concrete batch plant on the adjoining property known as the Powers Pit. This has the effect of reducing the approved employee count from 45 employees to a maximum of 8 full time employees during the height of the construction season as expressed by the Applicant during the site visit to the property on August 18, 2014. In all other times, they anticipate only needing two full time employees. 6 1 22 However, the Applicant requests approval to continue to include the concrete batch plant in the mine under the following circumstances set forth here and more fully analyzed later in this memo: 1) The lease at the Powers Pit is no longer in place; 2) Mining at Cerise has reached maximum depth (90 feet below natural grade); and 3) Fixed wastewater facilities (such as an OWTS) and a potable water well have been installed at the Cerise mine site. D. Hours of Operation There is no request to vary the hours of operation from the currently approved hours set by the Board. Specifically, the hours of operation, as contained in Resolution 2011-44 are: The gravel pit shall be allowed to operate Monday through Saturday from 7:00 AM to 8:00 PM with crushing, digging and heavy hauling only occurring between 7:00 AM and 5:00 PM Monday through Friday with heavy hauling also allowed from 7:00 AM to 5:00 PM on Saturday; and crushing and digging from 8:00 AM to 5:00 PM on Saturday. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes E. Noise The Application contains a revised noise analysis that addresses the revised mining plan prepared by Hankard Environmental. As background, the currently approved mining plan was able to demonstrate that the noise generated from the mining operation met the noise requirements under state law with certain mitigation which was also prepared by Hankard Environmental. That approval (set forth in Resolution 2011-44) required the following two conditions (15 & 16) regarding noise: 15) All noise generated from the operation shall not exceed the maximum permissible limits set forth in C.R.S. § 25-12-103, except that noise shall not exceed 80 dB(A) during construction. The adjacent land uses for purposes of determining the maximum permissible noise levels that may radiate from the site depicted in Exhibit A, page 1 of 13, are measured 25 feet from the site boundary. The adjacent land uses to the subject site are: residential to the north; industrial to the east and west; and, light industrial to the south as shown in Exhibit D. 16) The Applicant shall implement the following noise mitigation standards: A. The two berms shown on the "Mining Sheets" must be constructed early in the project. The northern berm must be approximately 50 feet tall and the western berm is approximately 17 feet tall; 8. While constructing these berms, earth moving equipment such as scrappers cannot operate for more than 15 minutes in any one hour while within approximately 100 feet of the permit boundary; C. Place a silencer on the dust collector blower that is situated on top of the concrete batch plant (or build a sound absorbing barrier around it); Page71 22 D. Equip the electrical generators (gen-sets) with commercial grade silencers or better (at least 20 dB(A) of insertion loss); E. Use white noise back up alarms on all Lafarge mobile equipment. Backing up by contractor vehicles not outfitted with these alarms should be minimized; F. Conduct all construction activities during the daytime (7:00 am to 5:00 pm); and, G. Conduct all noise -producing activities associated with operations during the daytime (7:00 am to 5:00 pm). The revised mining plan required a new analysis (Hankard Environmental report dated 11/05/14 specifically attached to this staff memo) that shows that the new mining operation will meet the requirements of state law with specifically proposed mitigation; however, Staff finds there is one area that needs to be pointed out for slight clarification. In determining compliance with state law two primary things occur. First, the adjacent land uses need to be determined such as residential, light industrial, commercial, etc. Second, anticipated sound volumes (AKA dB(A) levels) are measured at a location 25 feet outside the subject property to see if the noise levels meet, exceed, or are below the standards for those "receiving" land uses as they emanate off the property. The original approved noise analysis is shown below on the left and the revised and proposed noise analysis is proposed on the right. These are intended to show use categories (residential, light industrial, etc. for the purposes of setting or meeting the dB(A) thresholds set forth in state law and the County's Land Use and Development Code. ;LEGEND • Nearest Existing Residence The first point of discussion is simply to point out the revised noise analysis treated three residences on the cerise property differently than the original noise analysis. Please refer to the images above. These three residences are encircled in either yellow on the original analysis (image on the left) or black on the revised analysis (image on the right). The original analysis separated them out like a separate parcel and required a residential noise threshold 25 feet from the mining area when in fact, they are not a separate 8122 parcel at all; they are part of the Cerise property. So, the revised noise analysis accurately addresses this by including them in the Cerise property, but does ensure that the noise levels are 50 / 55 or lower at these houses to meet the spirit or intent of the state law. Staff concurs with this approach. Ultimately, with the inclusion of the concrete batch plant, with the noise exceptions provided in state law for "constriction activities" as well as mitigation proposed, the new mining plan meets the requirements of the Land Use & Development Code and state law for noise. In order for the new mining operation to comply with these requirements, the following mitigations are required which are a combination of the conditions currently required in Resolution 2011-44 and as a result of the new noise analysis and restated here: 15) All noise generated from the operation shall not exceed the maximum permissible limits set forth in C.R.S. § 25-12-103, except that noise shall not exceed 80 dB(A) during construction. The adjacent land uses for purposes of determining the maximum permissible noise levels that may radiate from the site depicted in Exhibit A are measured 25 feet from the site boundary. The adjacent land uses to the subject site are: residential to the north; light industrial to the east, industrial to the west; and, light industrial to the south as shown in Exhibit D. 16. The Applicant shall implement the following noise mitigation standards: A. Noise berms/stockpiles at least 15 feet tall along the north permit line and eastern permit line for Mining Phases 4 through 6 as shown in Attachment B. The eastern berm extends 250 feet south of the Riley property line per the Hankard Environmental report dated 10/17/14. B. While constructing these berms, earth moving equipment such as scrappers cannot operate for more than 15 minutes in any one hour while within approximately 100 feet of the permit boundary. C. Place a silencer on the dust collector blower that is situated on top of the concrete batch plant (or build a sound absorbing barrier around it). D. All generators shall be housed within noise reducing enclosures sing commercial grade silencers (i.e.20 dB insertion loss or more) per the Hankard Environmental report dated 10/17/14. E. Use white noise back-up alarms on all tata-rge United Companies mobile equipment per the Hankard Environmental report dated 10/17/14. Backing up by contractor vehicles not outfitted with these alarms should be minimized; F. Conduct all construction and noise -producing activities during the daytime (7:00 AM to 5:00 PM). H. All construction equipment was assumed to be standard with standard mufflers and not -to - exceed noise source levels as defined per the Hankard Environmental report dated 10/17/14. I. The concrete batch plant should be located in the bottom of the pit for Mining Phases 9122 4 through 6. The tower should be orientated such that the baghouse is on the southeast side and the loading access point on the west side to provide at least 15 dB to 20 dB of noise reduction to each of these sources in the critical directions per the Hankard Environmental report dated 10/17/14. F. Road Capacity & Traffic The application contains a revised Traffic Analysis prepared by Eugene G. Coppola who also prepared the original traffic study as well as a traffic analysis letter from Turnkey Consulting, LLC. The Turnkey Consulting letter provides a traffic overview of three scenarios: current approval, proposed amendment, and Cerise Mine with the closure of the neighboring Powers Pit and the relocation of the concrete batch plant to Cerise. That comparison is restated below which ultimately shows that even with the concrete batch plant, the net trips are reduced by approximately 25%. Vehicle / Trip Type # of Vehicles per Day (vpd) / PCEs 1 (All vehicles are Large Trucks [PCE = 3]. unless otherwise noted) % Change (Approved Plan to Cerise Only" Scenario) Approved Plan (Jan. 2012 TIS) Proposed Plan (May 2014 Letter) "Cerise Only" Scenario , Aggregate and Asphalt Trucks 250 200 200 — 20% Concrete Trucks 75 0 2 75 0% Special Aggregate Import Trucks 5 5 5 0% Employees (passenger vehicles) [PCE =1] 45 15 20 — 56% Miscellaneous 10 10 10 0% Aggregate Import 3 Cerise to Powers Total Vehicles 30 415 42 2 272 0 310 — 100% — 25% Since the time the Board approved the Cerise Gravel Mine in 2011, improvements have been made to the intersection of CR 103 (Crystal Springs Road) and State Highway 82. The traffic report also points out that the traffic on SH82 have decreased since the last traffic analysis was performed for the original approvals. The revised traffic study concluded: 1. Site traffic will be some 25% lower than the site traffic evaluated in the April 2012 traffic impact study. 2. Background traffic will likely be less than estimated in the TIS given stable or declining traffic on SH 82 since the TIS was prepared. 3. Long term operating conditions contained in the TIS were determined acceptable; however, with the expected reduction in site traffic and possibly less background traffic growth, improved operations are anticipated. e 10122 4. Recent roadway improvements will be sufficient to serve long term traffic demands including Cerise traffic and are properly designed for the current speed limit. 5. The traffic impact study for the Cerise mine remains valid and fully addresses and demonstrates the acceptability of the current plan. The County Road and Bridge Department reviewed the amendment and conducted a site visit which resulted in their recommendation that the existing conditions (except No. 10 and 11 which can be deleted) of approval set forth in Resolution 2011-44 should still be required for this revised plan. These conditions are included here: 6. The Applicant shall install all signage as specified in Gene Coppola's Traffic Study including: 1) stop sign (R1-1) placed on the access road approach to County Road 103; and 2) two truck warning signs (W8-6) on the County Road 103 approach to the site access road. The Applicant shall also install 10 mile per hour speed limit signs on the access road and the haul roads within the site. 7. All vehicles using County Road 103 to access the Cerise Mine shall abide by Garfield County's oversize/overweight system. All vehicles requiring oversize/overweight permits shall be obtained from the Garfield County Road and Bridge Department. 8. Prior to the issuance of Land Use Change Permit, the Applicant shall obtain a Driveway Access Permit from the Garfield County Road and Bridge Department. A copy of this permit shall be submitted to the Garfield County Planning Department. 9. Prior to the issuance of a Land Use Change Permit, the Applicant shall conduct a geotechnical investigation of County Road 103 and based on this analysis, provide a pavement section design to the Garfield County Planning Department for review. The portion of County Road 103 that is to be analyzed commences 200 feet north of the Cerise Mine's access road to State Highway 82 and continues south to the new access to the Powers Pit and this portion of road shall be reconstructed to the proposed engineered design. 10. Prior to the issuance of a Land Use Change Pcrmit, the Applicant shall enter into an Regulations regarding the improvement of County Road 103. State Highway Access Permit from Colorado Department of Transportation. All conditions of the access permit shall be conditions of this permit. G. Potable & Production Water & Wastewater As background, in the original approvals, the Basalt Water Conservancy District (BWCD) agreed to lease the water required to meet the projected consumptive use requirements of the site. That water would be obtained from two wells on the property; one well will provide the production water and the other will provide potable water for domestic use in the office. In October 2010, two test wells were installed Page 11122 on the site in the approximate locations of the permitted wells. A 24-hour pump test was run on these wells and it was determined that there an ample supply of water to support the Cerise Mine. One of these wells was also permitted to provide potable water in a bathroom in the office / scale house for the 40-45 full time employees at the site. For a drinking supply, that supply was a system that required design approval from the Colorado Department of Public Health and Environment (CDPHE). These wells also required a valid water augmentation contract from the West Divide Water Conservancy. The current conditions of approval in Resolution 2011-44 require the following: 31. Prior to the issuance of a Land Use Change Permit, the Applicant shall drill the two permanent permitted wells (Permit Numbers 74795-F and 74796-F) and provide the results demonstrating quantity and quality of both wells to the Garfield County Community Development Department for their review. 32. After drilling the permanent water wells as described in Condition 31, the water system design for the office/scale house shall be evaluated and any modifications to the proposed design shall be submitted to the Garfield County Community Development Department for review. This task shall occur prior to the issuance of Land Use Change Permit. 33. Prior to the issuance of a Land Use Change Permit, the Applicant shall have the two wells installed as Monitoring Hole Notice 40396 (TW -1 and TW -2) permitted as monitoring wells, and provide Garfield County Community Development Department with the new permits. 34. The Applicant shall contact Bill Blakeslee, Water Commissioner, when development of the Cerise Mine impacts Crystal Spring Creek. For this requested amendment, the Applicant has entered into a contact with BWCD for 0.50 cubic feet per second from the District's direct flow rights delivered via the Basin Ditch rather than pull the water from the water well. In addition, if there is a senior call on the ditch, the process water would come from the wells on the property also augmented with 33.0 acre feet per year provided by the BWCD contract. This process water primarily covers dust control and washing of rock. The Applicant states that this amount of water can also accommodate the process water used for operation of the concrete batch plant. Regarding potable water for employees, the current approvals (as proposed by LaFarge) require an ISDS to be installed in the plant site area for the restroom facilities in the office building and several port -a - potties will be located throughout the site for use by employees working in the field. The applicant wishes to amend the approvals by eliminating the ISDS / restroom facilities and, instead, provide bottled water and port -a -potties to the full time employees. That would eliminate the need for the use of the well for that service. The County has historically and consistently required projects that require 1 FTE or greater to have adequate facilities for water and wastewater use which commonly require an ISDS. In this case, the Application states there will be a baseline of 2 FTEs on the property year round; however, during the site visit and in the application materials, the Applicant explained that this FTE count will rise to 8 full time employees during the height of the construction season. This policy is also supported by the Garfield Page 12122 County Building official and the County Environmental Health Manager (referral comments are attached) that require a minimum standard such as an ISDS / permanent restrooms to provide for safe and sanitary conditions for employees. However, given the significant change in mining operations from LaFarge's significant regional employee / operational base with an employee count at 45 to United Company's basic rock source operation that only provides aggregate on an as -needed basis with seasonal production and the unique nature of the limited employee activity on the site, a full OWTS and water well is not needed at this time and is also characteristic of how the County has approved other gravel operations. Staff agrees with the requested waiver for requiring the OWTS and water well for these specific and unique reasons and has suggested a finding in support of the waiver. The County will require an OWTS and water well if and when the concrete batch plant is relocated to the Cerise Mine under the following circumstances set as conditions of approval: 1) The lease at the Powers Pit is no longer in place; and 2) Mining at Cerise has reached maximum depth (90 feet below natural grade). H. Visual Impact Considerations The current approvals were granted, in part, due to the screening provided by large berms that were to be constructed on the north side of the mine. The following discussion was provided in the Staff report for the Lafarge application that was ultimately approved in Resolution 2011-44: The proposed operation is to be mined in five phases. Mining and reclamation are to occur concurrently to assist in reducing visual impacts to the surrounding area. Due to the topography of the property, the mining activities on-site will be difficult to see from SH 82 and other areas south of the property. However, land north of the Cerise Mine is at a higher elevation and looks down on the property. Therefore, Lafarge is taking steps to minimize the visual impact for those neighbors. Early in the process, topsoil and overburden stockpiles will be placed on the west and north edges of the permit boundary. These stockpiles will be re -vegetated and serve as screens to block views into the mine site from the north. To further minimize the visual impact of the mining activities, Lafarge will move the aggregate processing plant equipment onto the mine floor as soon as Phase 2 mining is completed. The access point into the site has been located along CR 103 away from any residential streets or driveways and so that trucks coming and going from the site to SH 82 will not pass any homes. Lighting will also be kept to a minimum. All on-site lighting will be downcast and shielded so not shine directly onto other properties. An unobtrusive site identification sign will be placed at the entrance to the facility. A View Study model was prepared to help all parties involved to understand the effectiveness of the proposed screening and berming. Several screen shots from that study are provided in Tab 15 of the application. Staff recognizes that there will be a cumulative impact when both the Cerise and Blue Pit Mines are operating next to one another. Applicants of both mines have indicated that reclamation as they mine will occur and the Cerise Mine shall implement berming along the north perimeter of the site and house the aggregate processing plant at the bottom of the pit in order to reduce visual impacts. Page 13122 This amendment proposes to reduce the large 50 -foot berm to 15 feet tall and mine and reclaim concurrently to reduce the overall large disturbance that was approved as part of the current approvals. This includes leaving the irrigated fields in place for as long as possible along with concurrent reclamation. However, it should be noted that if and when the concrete batch plant is moved to the site, it shall be located on the northern most side of the mined pit wall at a depth of 90 feet such that it will not be visible from neighboring views. Staff has asked the Applicant to visually demonstrate in the public hearings how their plan is an improvement over the existing visual mitigation in the current approvals. IV. RECOMMENDED FINDINGS 1. That the proper public notice was provided as required for the hearings before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. The proposed use is in the best interest of the health, safety, and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, can be in conformance with the applicable Sections of the Garfield County Land Use and Development Code of 2013, as amended. 5. That the application, if all conditions are met, can be in conformance with the applicable Sections of the Garfield County Comprehensive plan 2030, as amended. 6. The 3:1 slopes are an appropriate deviation as per Section 7-1002(H)(3) of the Land Use and Development Code of 2013, as amended. 7. Pursuant to the authority set forth in Section 4-118 of the LUDC, a waiver is hereby granted from Section 7-105 (Central Water Distribution and Wastewater Systems) finding that due to the unique nature of the intended use and specific circumstances herein, a waiver is granted from requiring a permanent OWTS and water well unless and until a concrete batch plant is located at the Cerise Mine at which time the conditions of approval contained herein shall render this waiver null and void. V. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends the Board of County Commissioners approve the proposed amendment to the Land Use Change approval for "Extraction" of gravel known as the Cerise Gravel Mine with the following conditions: 1. That all representations made by the Applicant in the application and at the public hearings shall be conditions of approval unless specifically altered by the Board of County Commissioners. 14 1 22 2. That the operation of the facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Visual Considerations 4. All equipment and structures associated with this permit shall be painted with non -reflective paint in neutral colors to reduce glare and mitigate any visual impacts. 5. All lighting associated with the property shall be directed inward and downward towards the interior of the property. Vehicle Access & Traffic Considerations 6. The Applicant shall install all signage as specified in Gene Coppola's Traffic Study including: 1) stop sign (R1-1) placed on the access road approach to County Road 103; and 2) two truck warning signs (W8-6) on the County Road 103 approach to the site access road. The Applicant shall also install 10 mile per hour speed limit signs on the access road and the haul roads within the site. 7. All vehicles using County Road 103 to access the Cerise Mine shall abide by Garfield County's oversize/overweight system. All vehicles requiring oversize/overweight permits shall be obtained from the Garfield County Road and Bridge Department. 8. Prior to the issuance of Land Use Change Permit, the Applicant shall obtain a Driveway Access Permit from the Garfield County Road and Bridge Department. A copy of this permit shall be submitted to the Garfield County Planning Department. 9. Prior to the issuance of a Land Use Change Permit, the Applicant shall conduct a geotechnical investigation of County Road 103 and based on this analysis, provide a pavement section design to the Garfield County Planning Department for review. The portion of County Road 103 that is to be analyzed commences 200 feet north of the Cerise Mine's access road to State Highway 82 and this portion of road shall be reconstructed to the proposed engineered design. 10. Prior to the issuance of a Land Use Change Perms, the Applicant shall enter into an agreement with the County pursuant to the Garfield County Road and Right of Way Use Regulations regarding the improvement of County Road 103. 11. Prior to the issuance of a Land Usc Change -Permit, the Applicant shall obtain the appropriate State Highway Access Permit from-Celo#ado Departh►ent of Transportation. All conditions of the access permit shall be conditions of this permit. Page 15122 Air Quality Considerations 12. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide Garfield County Planning Department with an APEN Permit from Colorado Department of Public Health and Environment for the entire mining site. Reclamation Considerations 13. The reclamation plan of the site shall include using hydro -seeding with hydro -mulching and tackifier for all slopes greater than 5:1. Hours of Operation Considerations 14. The gravel pit shall be allowed to operate Monday through Saturday from 7:00 AM to 8:00 PM. Crushing, digging and heavy hauling may only occur between 7:00 AM and 5:00 PM Monday through Friday with heavy hauling also allowed from 7:00 AM to 5:00 PM on Saturday and crushing and digging from 8:00 AM to 5:00 PM on Saturday. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. Noise Considerations fig, 15. All noise generated from the operation shall not exceed the maximum permissible limits set forth in C.R.S. § 25-12-103, except that noise shall not exceed 80 dB(A) during construction. The adjacent land uses for purposes of determining the maximum permissible noise levels that may radiate from the site depicted in Exhibit A arc measured 25 feet from the site boundary. The adjacent land uses to the subject site are: residential to the north; light industrial to the east, industrial to the west; and, light industrial to the south as shown in the Hankard Environmental report dated 11/05/14. Exhibit D. 16. The Applicant shall implement the following noise mitigation standards: A. The two bcrms shown on the "Mining Sheets" Ph I plan must be constructed early in noise mitigation as per the noise analysis provided by Hankard Environmental; A. Noise berms/stockpiles at least 15 feet tall alon line for Minin: Phase 4 through 6 feet south of the R p : . - - - - the north permit line and eastern permit he eastern berm extends 250 -ho -Har kard Environrrr'entaI report dated 10/17/14. operate for more than 15 minutes in -any Arc heir while within approximately 100 feet of the permit boundary; B. While constructing these berms, earth moving equipment such as scrappers cannot operate for more than 15 minutes in any one hour while within approximately 100 feet of the permit boundary. Page 16122 C. Place a silencer on the dust collector blower that is situated on top of the concrete batch plant (or build a sound absorbing barrier around it); C. Place a silencer on the dust collector blower that is situated on top of the concrete batch plant (or build a sound absorbing barrier around it). C. Equip the electrical generators (gen sets) wit-h-c-ammcrclal-grade silencers or better (at (cast 20 dB(A) of insertion loss) All generators shall be he -used within noisc reducing enclosures sing commercial grade silencers (i.c.20 dB insertion Toss or more); D. All generators shall be housed within noise reducing enclosures sing commercial grade silencers (i.e.20 dB insertion Toss or more) per the Hankard Environmental report dated 10/17/14. E. Use white noise back up alarms on all Lafarge United Companies mobile equipment. Backing up by contractor vehicles not outfitted with these alarms should be minimized; E. Use white noise back-up alarms on all United Companies mobile equipment per the Hankard Environmental report dated 10/17/14. Backing up by contractor vehicles not outfitted with these alarms should be minimized; F. Conduct all construction activities during the daytime (7:00 AM to 5:00 PM); and, F. Conduct all construction and noise -producing activities during the daytime (7:00 AM to 5:00 PM). G. Conduct all noise producing activities associated with operations during the daytime (7:00 AM to 5:00 PM). G. All construction equipment was assumed to be standard with standard mufflers and not -to - exceed noise source levels as defined per the Hankard Environmental report dated 10/17/14. H. All construction equipment shall have standard muffler systems at a minimum. H. The concrete batch plant should be located in the bottom of the pit for Mining Phases 4 through 6. The tower should be orientated such that the baghouse is on the southeast side and the loading access point on the west side to provide at least 15 dB to 20 dB of noise %J reduction to each of these sources in the critical directions per the Hankard Environmental report dated 10/17/14. General Mining Enforcement Considerations Garfield County can request a site inspection with 24 hours' notice to the operator or property owner. Full access to any part of the site will be granted. On request, all paperwork must be shown. Page 17122 17. A full list of all other permits shall be provided to Garfield County within 24 hours of its request. Any person at any time can call the following agencies directly and request an inspection if he or she believes a condition of that agency's permit is being violated. A. Colorado Department of Public Health - Air Quality Control 303-692-3150 B. Colorado Department of Public Health - Water Quality Control 303-692-3500 C. US Army Corps of Engineers 970-243-1199 D. Division of Reclamation, Mining and Safety 303-866-3567 E. Colorado Department of Transportation, Grand Junction office 970-248-7000 Industrial Standard Considerations 18. The property owner and operator acknowledge that Garfield County has the following performance standards, and failure to comply with such standards could lead to revocation of the Land Use Change Permit: A. All fabrication, service and repair operations shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping; B. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right-of-way; C. All industrial wastes shall be disposed of in a manner consistent with statutes and requirements of Colorado Department of Public Health and Environment; D. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property; and, E. Every use shall be operated so that it does not emit, heat, glare, radiation, dust, 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 signal and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. DRMS Reclamation Bond Considerations Page 18122 19. The Garfield County Community Development Department shall 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. 20. The reclamation bond that shall be held by the State Division of Reclamation, Mining and Safety shall be for the reclamation plan approved by the Board of County Commissioners. No Land Use Change Permit shall be issued until proof of the bond is in place. 21. Prior to the issuance of a Land Usc Change Permit, the Applicant shall provide a cost estimate - for thc irrigation system to thc Garfield County Community Develop-ment Department for review. 22. The State Division of Reclamation, Mining and Safety financial security bond shall be updated to reflect this cost and a copy of the revised bond submitted to the Garfield County Community Development Department. 23. All of the conditions of the Garfield County permit and the State Division of Reclamation, Mining and Safety are binding. The State Division of Reclamation, Mining and Safety can withhold the reclamation bond if the final reclamation is not executed according to the plans. Annual Mining Report Considerations 24. The Applicant shall be required to submit a report annually of the gravel operation for Garfield County Community Development Department Staff review, until such time as the release of the reclamation bond. Upon review of any deficiencies pursuant to conditions of approval or other local, state, or federal permits, Staff may forward the report to the Board of County Commissioners for full review of the Major Impact Review 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 12 months. This map shall be overlain on the approved site plan which includes the approved phasing area locations, and mine permit boundary. Copies of annual reports required by and submitted to other agencies will be attached to the annual report submitted to the Garfield County Community Development Department. • - : - - - . _ . _ . . • - . . . _ . 4 1 4 - .. -Department prior to the issuance of a Land Use Change Permit. 26. The Applicant shall meet all applicable Colorado Department of Public Health & Environment regulations for a non -transient non -community ater system when the number of individuals using the potable water well is more than 24. 27. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit copies of all equipment relocation notices to the Garfield County Community Development Department. Page 19122 1 28. Prior to the issuance of a Land Use Change Permit, thc Applicant shall provide thc Garfield County Community Development Department with a "can and will serve" letter from Qwest. 29. Prior to the issuance of a Land Use Change Permit an Emergency Preparedness Plan shall be submitted to the Garfield County Community Development Department for review. 30. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit a final Stormwater Management Plan to the Garfield County Community Development Department. Water Well Considerations 31. If and when the concrete batch plant is located to the Cerise Mine, Prior to the issuance of a Land Use Change Permit, the Applicant shall drill the two a permanent permitted wells {Permit Numbcrs 74795-F and 796 F) water well and provide the results demonstrating quantity and quality of bp1fwell/ to the Garfield County Community Development Department for their review. t' i 32. After drilling thc permanent water wells as descr+bed io Conditien 34, thc water system design for the office/scale house shall be evaluated anst any modificatiensto the proposed design shall be submitted to thc Garfield County Community Development Department for review. This task shall occur prior to the issuance of Land Use Change Permit. 133. Prior to the issu ce of a L nd Use Change P mit, the A licant sh have the two wells l / /�V� installed as onitoring ole Notice 40396 W-1 and T -2) pe fitted as monitoring wells, and provide G rfield Cou y Community Dev lopment D partm t with the new permits. 34. The Applicant shall contact Bill Blakeslee, Water Commissioner, when development of the Cerise Mine impacts Crystal Spring Creek. Wildlife Considerations 35. The site shall have certified wildlife proof dumpsters. Air Quality Considerations 36. The Applicant shall implement the . etiowtrrg Best Management Practices to ensure air quality impacts are minimized;\ p,,Z ,, (.0 ��\`�% 'o'r � �L,Wr"" Exposed areas will be vegetated or stabilized to limit wind erosion; Frequent watering by water trucks of gravel as it is removed and transported; Use of a conveyor system rather than trucks to transport the material on-site; Install, operate, and maintain water spray bars within the conveyor system and all crushing and screening equipment; �v t Page 20122 E. Limit drop heights of gravel for conveyor loading, transfer points, screening, and crushing; Limit on-site vehicle speeds to 10 mph; \r . Treat frequently travelled on-site roadways with stabilizers or suppressants and watering to minimize re -entrainment of dust from road surfaces, and pave the entrance road to the weigh station; . Minimize dust from loaded haul trucks by covering and/or watering material as necessary; and, r. Construction of berms and/or mine walls to serve as wind breaks. Heavy Hauling Considerations `i 37. All trucks operating in the gravel mining operation (including third -party trucks not operated by .k. the property owner or operator, shall be subject to the following: J4 "- All rucks shall have and maintain stock uffler systems"t at are performing to original "`-) man cturer's scifications. his can b etermined and rified by simple visual and auditory i ectiort. the truck; e4, B. All trucks ascending or descending the haul route shall not exceed speeds of 10 mph; . All trucks descending the access road on-site and County Road 103 approaching State Highway 82 shall not use engine Jake Brakes to decelerate; D. All truck drivers, independent or employed by the Applicant shall be briefed on the conditions above and shall agree to operate within the requirements of these stipulations; and, E. The Applicant shall set up a series of progressive consequences for drivers that fail to comply with the above conditions; after three violations any trucker shall be prohibited • from entering the pit for a time period of not less than one year. Al 4 �$u � The mining of the Cerise Mine shall not start until the Powers Pit has been closed. —0 Vi/ An asphalt batch plant shall not be allowed within the property unless approved by Garfield County pursuant to an application for "substantial modification" of the Land Use Change Permit as that process is defined by the Garfield County Unified Land Use & Development Code of 2013, , as amended, or pursuant to a separate application for a Land Use Change Permit. Page 21122 40. At such time en the Applicant desires to relocate the concrete batch plant from the Powers Pit to the C Ise Mine, the Applicant shall construct an office with restroom facility served by potable w ter from a permitted water well on the property. This restroom facility shall also provide ater service through a permitted OWTS permitted through Garfield County. This facility shall be permitted and constructed six months prior to the relocation of the concrete batch plant. Further, the concrete batch plant may only be relocated to the Cerise Mine under all the following conditions: \,„'\ a. The lease at the Powers Pit is no longer in place; and b. Mining at Cerise has reached maximum depth (x90 feet below natural grade);�1 VI. RECOMMENDED MOTION ,rC?. 1 move to approve an amendment to the Major Impact Review Application (MIPA - 6545) for the "Extraction" of gravel on 65.48 acres, on property owned by Clifford Cerise Ranch Company, LLLP with the Staff recommended findings and conditions. kY4j\ nv :or)" Page 22 1 22