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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.17.1990• -r/9,?1Cs'6,17 hon% 9/17/90 AMENDED PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: Special Use Permits for extraction, storage and limited processing facilities for a coal mine, industrial support facilities, water impoundments, mineral waste disposal and access routes. New Castle Energy Corporation A tract of land located in portions of Section 6, T6S, R90W; more practically described as a tract located 1 1/2 miles east of New Castle, off County Road 335 and a tract of land located in the SW/4 of the NW/4 Section 23, T6S, R94W; more practically described as a parcel approximately 3 miles west of Rifle off of the frontage road. A 47 acre tract of land to be used for coal mining activities and support facilities which is a part of an 1120 acre ranch. A 3.6 acre tract to be used for a coal train load -out. - Portable water containers for domestic use. - Well water, ditch and river water for industrial make-up water. Individual Sewage Disposal System (I.S.D.S.) County Road 335/I-70 Frontage Road. Planned Unit Development/ R/L Mine North - South - East - West - PUD, A/R/RD A/R/RD 0/S, PUD A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN Load -Out R/L A/R/RD R/L R/L The proposed coal mine and associated facilities are located in District B, Subdivisions/Rural Serviceable Areas, 1/2 to 1 mile radius, moderate environmental constraints. Under the District B classification, the area falls within the sub- category lb, which is an area within one (1) miles of a subdivision with central water and sewer and moderate environ- mental constraints. This sub -category classification is based on the Riverbend PUD location. The proposed temporary load -out is located in District C, Rural Areas, Minor Environmental Constraints. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The mine site sits on a bench south of the Colorado River and at the base of the Grand Hogback (Coal Ridge). The portions of the site nearest to the river are irrigated hay land, with the upper sections of the site having sagebrush and mountain scrub as the predominant vegetation. The area on the site that includes the Grand Hogback formation has very steep slopes in excess of 40% but the majority of the site sits at the base of the hogback and has gentle slopes of 5 to 15%. The site has existing benches and roads from the previous mine preparation activities. The proposed temporary load -out is located west of Rifle along river bottom land that is relatively flat and has been developed for rail associated development with some hay fields adjacent to the property. B. Prosect Description: It is proposed to develop a coal mine to prove the feasibility of the hydraulic mining technique, provide coal for washability tests, to determine the rock stability of surrounding strata and for mine test shipments to prospective customers. It is proposed that the mine will produce million tons annually starting the year five. The first five years production is projected as follows: 1990 none, mostly completion of the rock tunnels and completion of the surface site work such as roads, etc. 1991 50,000 tons to 250,000 tons. Installation of some of the surface facilities such as pumping station and dewatering plant. 1992 500,000 tons 1993 750,000 tons 1994 1,000,000 tons. If market conditions permit, commence with the design, engineering and construction of the expansion of the mine to full capacity. To gain access to the coal seams to be mined, it is necessary to complete two 1500 foot long, rock tunnels. The rock tunneling will require the use of explosives, but no noise or vibration is anticipated due to the tunnels already being 740 feet and 680 feet long as a result of the previous mining activity. The nearest residential dwelling is 3600 feet from the tunnel entrance. The surface facilities consist of a dewatering plant, pump station, and a electrical substation. The processing equipment will be housed in a building 50 ft. x 100 ft. x 35 ft. Offices, bathhouse, safety equipment and the warehouse will be in a UBC approved steel building approximately 50 ft. x 80 ft. x 14 ft. As operations expand, this building may be expanded to up to 120 ft. in length. Coal from the dewatering plant can go to a 10,000 ton specialty coal storage pile or to the washed coal pile to storage on a pad designed for as much as 35,000 tons of coal, prior to shipping. The changehouse and other office facilities will require water and sewage treatment facilities. The mine will require 300 ac./ft. annually of make-up water. It is estimated that the closed circuit water system will use up to 294 ac./ft. of water annually. All water comes from water rights that include 2000 ac./ft. of Vulcan Ditch water for industrial, domestic and irrigation purposes, Court Case 88 CW 232. Slurry waste (fines) will be pumped back into the mine for disposal as a slurry made of 50% refuse and 50% water. This is a change from the previously permitted mine that proposed outside disposal on nearby BLM lands. All conveyors will be enclosed to prevent spill. Conveyors will extend into and out of the process building. A sediment pond will be developed to control sediment yield from the initial and final surface development. Two diversion channels will be constructed to control the surface runoff and direct it to the sediment pond. The pond will cover 0.8 acres of property and be capable of storing the entire runoff volume from a 10 year, 24 hour storm with 30% excess capacity to deal with a worst case condition of two 10 year storms happening on two successive days and a complete breakdown of the mine water system. An emergency spillway will be constructed to convey the peak discharge of a 25 year, 24 hour storm. The hydraulic mining technique requires less miners than conventional long -wall or continuous miner techniques. Employment levels for the project are anticipated to be the following: 1990 30 to 35 1991 35 increasing toward the second half of the year to 75 1992 75 to 100 1993 125 1994 125 Coal is proposed to be trucked to the load -out west of Rifle with the anticipated truck trips/days going from 10 trucks/day in early 1990 to over 100 trucks/day when the design capacity of the mine reaches 1 million tons/year. The proposed haul route will be 1.6 miles along C.R. 335 to I-70 to the west Rifle interchange to a frontage road that provides access to the load -out site. It is stated in the application that the hauling will occur on 24 hour a day basis, 365 days a year, if necessary. The coal will be hauled to a coal load -out facility approximately three (3) miles west of Rifle on property known as the Clough Industrial park. There are two tracks available to load up to 36 cars at a time. To load a unit train of 72 cars will require a minimum of two days, unless DRGW agrees to bring two sets of 36 cars into the area in one day. The proposed haul route of C.R. 335 will be upgraded by the applicant to a 24 ft. wide paved section with 6 ft. graveled shoulders and 4 ft. ditch on the south side. There sill be a 150 ft. long deceleration lane installed at the entrance to the mine property. From the mine entrance to the first intersection in the Riverbend Subdivision, the applicant will install a chip and seal surface. Should the test mine be unsuccessful, New Castle Energy Corporation will reclaim the land in accordance with a reclamation plan to be approved by the MLRB. History: In September of 1983, Storm King Mines (SKM) notified Garfield County that they would be submitting an application for a coal mine. Due to the fact that the first proposal projected a maximum employment of 275, SKM submitted a Fiscal Impact Analysis. In June, 1984, the SKM Fiscal Impact was determined to be adequate by Resolution No. 84-99. In December 1984, by Resolution No. 84-262, SKM received approval for a special use permit for the mining operation and associated facilities. In September, 1985, by Resolution No. 85- 171, the renamed New Castle Energy Co. (NCEC) received approval to modify the mine special use permit primarily due to a change in the mine portal location. In 1986, by Resolution No. 86-68, the previous two resolutions were modified to allow for the modification of the landscaping plan submittal requirements. The first two resolutions contained a condition of approval that all permits would be valid until July 1, 1988. In 1986, NCEC discontinued the driving of the two portals and sealed them. With the resumption of activity and revision of the MLRB permits, a new special use permit. III. MAJOR ISSUES AND CONCERNS A. Zoning: In 1984, Storm King Mines received approval for rezoning of the mine area to an industrial PUD for the mine area. All mine activities are subject to County approval of special use permits for those activities. Since this application only projects a maximum of 125 employees, the Fiscal Impact Mitigation Program does not apply. The County does not have a reissuance procedure. As a result, when the original permits expired in 1988, any resumption of mining activity requires a new special use permit. As a special use, the application must meet the following criteria and standards contained in the County Zoning Resolution: 5.03 Conditional and Special Uses. (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. 5.03.07 Industrial Operations require that the applicant to develop an impact statement that shows that the use shall be designed and operated in compliance with all applicable laws and regulations of the County, State and Federal governments and will not have a significant adverse effect upon: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; (B) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; (C) Wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration route, use patterns or other disruptions. Additional requirements of 5.03.07 are the demonstration of the following: -Truck and automobile traffic to and from such uses shall not create hazards or nuisances to areas elsewhere in the County; -Sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed uses; -An approved site rehabilitation plan must be submitted with the impact statement and approved by the County Commissioners. 5.03.08 Industrial Performance Standards: All industrial uses in Garfield County shall comply with applicable County, State and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1) Volume of the sound generated; every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibels, with a maximum increase of five (5) decibels permitted for a maximum of fifteen (15) minutes in any one hour, at any point of any boundary line of the property on which the use is located. 0 (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. (4) Emission of heat, glare, radiation and fumes; every use shall be so operated that it does not emit heat, glare, radiation and fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. (5) Storage area, salvage yard, sanitary landfill, and mineral waste disposal areas: (A) Storage of flammable, or explosive solids or gases, shall be in accordance with accepted standards and laws and shall comply with the National Fire Code; (B) At the discretion of the County Commissioners all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonable foreseeable natural causes or forces; (D) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulations; (6) Water Pollution: In a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as maybe required by local or State Health Officers must be met before operation of the facilities may begin. • Approval of a special use is based on the compliance with the previously noted criteria and standards. The Commissioners may impose additional restrictions such as height limitations, additional off-street parking, screening fences and landscaping or any other restriction or provision they deem necessary to protect the health, safety and welfare of the population and uses of the neighborhood. The Board of County Commissioners may deny any request for special use based on the lack of physical separation in terms of distance from similar uses on the same or other lots; the impact on traffic volume and safety, or on utilities or any impact of the special use which they deem to be injurious to the established character of the neighborhood or zone district in which the special use is proposed. B. Agency Comments: 1. New Castle Energy Corporation has submitted an application to the Colorado Department of Natural Resources, Mined Land Reclamation Division to revise a current permit to conduct coal mining operations approved in 1984. On March 19, 1990, MLRB made their determination that the application was deemed complete for the purpose of filing. Presently, MLRB is in the process of determining the adequacy of the application. Of primary concern at this time, is the underground disposal program and better documentation of that proposal. Questions about the potential leaching of toxins into the aquifer from the underground mine waste storage is not considered to be a potential problem according to MLRB staff. The water table that would be affected is 3,000 feet under ground and is not considered a potential source of water to local residents. If the permit is approved, it would be valid for five (5) years. Assuming that NCEC submits adequate responses to the most recent letter of adequacy, the decision date by MLRB is October 19, 1990. NCEC is under an order to reclaim the present site by December 10, 1990, if a new permit is not approved by that date. 2. The Colorado Department of Health has previously approved the mine's air emission permits which deal with fugitive dust. They have previously noted concerns about coal dust and other dust generating materials on the County roads and the fact that this was beyond their direct permitting requirements, but could result in enforcement action being brought against the County if this became a problem. 3. The Colorado Department of Health, Water Quality Control Commission, has issued an NDPES permits for discharges from the project area. 4. A number of letters from individuals expressing their opinions and concerns about the project have been submitted as exhibits. C. Staff Comments: 1. In 1985, a traffic impact analysis was done by Matthew Delich, P.E., for Storm King Mines. This analysis was based on an average of 30,000 tons/ month being hauled in an average of 54 truck trips per day, 20 days a month. It also assumed 136 employees working three shifts a day. The conclusions of this study that would be relevant to the present application are summarized as follows: - With the existing traffic, cross section, etc., there was considerable excess capacity available. Two lanes are adequate. - Guard rails were needed starting 3300 ft. east of the I-70 interchange to 8000 ft. east of the interchange. - A right turn deceleration lane should be considered on C.R. 335 at the intersection with the mine road. The present application proposes to haul coal to a load -out in Rifle. The average number of trucks per day is 10/day initially and up to over 100/day at a production level of 1,000,000 tons/year. The applicant proposes to upgrade the existing road by widening where necessary, adding guard rails where appropriate and upgrading the surface by adding two inches of 3/4" base material and four (4) inches of asphaltic pavement. This is based on a pavement thickness design done by Schmueser Gordon Meyer Inc. King Lloyd suggests that the asphaltic surface be at least 24 feet wide, with 6 foot wide compacted gravel shoulders with 3 foot ditches. This is to deal with potential breakdown and/or passenger car conflicts. He further recommends that the applicant be required to add an inch and a half of asphalt overlay after eight years of operation of over 100 trucks per day. All internal haul roads that are not hard surfaced should be treated with a dust retardant, rather than watered. This should help both the dust and maintenance requirements. The applicant has proposed to upgrade C.R. 335 from the mine entrance road to the Riverbend Subdivision, by adding a chip and seal surfacing. 2. The proposed maximum production level of 1,000,000 tons will require 40,000 round trips a year. If, as it is proposed, the trucks haul 365 days a year, 24 hours a day. There will be an average of approximately 110 trips/day, or approximately 4.6 round trips per hour. The hauling activity should cease during the school year when school buses are on C.R. 335. 3. It was proposed to separate the black water (waste water from toilets) and grey water (waste water from lavatories, showers, sinks, etc.). Each would be contained in 5,000 gallon storage tanks buried underground. The applicants engineer projects that at full employment of 125 workers, there will be 1250 gpd of black water and 3125 gpd of grey water generated each day. The grey water is proposed to be used for irrigation. The black water will be hauled off by a septic hauler to an approved disposal. Due to the fact that the combined design capacities of the grey water and black water is 6262.5 gpd (150%), it will require that a site application be approved for the proposed sewage disposal system. The site application should be approved prior to placement of any buildings on the site. The site application should propose a definite disposal schedule for black water. • • 4. The proposed landscaping plan would place a total of 250 trees on site. All trees except the Russian Olives (6 - 8') will be 8 - 10' in height. It is proposed to plant all trees not located in construction areas in the fall of 1990. The area around the construction will be planted upon completion of the construction. The plants will be irrigated by drip irrigation using the previously noted grey water. A report from Donald H. Godi and Associates, Inc., criticized the proposed plan as being inadequate in terms of the number of trees and inappropriate in terms of the type of vegetation being proposed. A Post -Construction Reclamation and Visual Impact Mitigation plan was submitted subsequent to the last meeting. The study identifies proposed reclamation vegetation and landscaping for the project that incorporates the site landscaping into the post -reclamation revegetation plan. 5. One concern expressed at the first Planning Commission meeting was the potential negative impact from noise. The applicant hired an audio engineer to analyze incident and ambient noise levels from the mine area during the evening hours. Running a loader truck on the site did not exceed the County noise standards contained in Section 5.03.08 of the Zoning Resolution. During the 8/15/90 Planning Commission meeting, Howard N. McGregor, Engineering Dynamics, submitted a completeness review of the noise study done by the applicant. In summary, the report states that the analysis done did not address all of the potential noise sources at the mine site and the way that those sources affect adjacent properties based on State statutory requirements. A new study was prepared by the applicant that is more detailed and concludes that I-70 traffic will have more impact on the area than the mine facilities. A summary statement should be made that the study does include an analysis of all equipment that will be a noise generator. 6. Another issue that was brought up as a concern at the Planning Commission meeting was the need for a more detailed lighting plan. The lighting plan submitted meets MSHA lighting requirements according to the consultant. A statement needs to be made that the proposed lighting plan will not result in a nuisance. It is noted in the information that the lights will be pointed downward and baffled if necessary. IV. SUGGESTED FINDINGS 1. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. 2. That the proposed Special Use conforms to the submittal requirements in Section 5.03 concerning the approval or disapproval of a petition for a Special Use, of the Garfield County Zoning Resolution. 3. That the proposed land use will be compatible with existing and permitted land uses in all directions provided certain conditions of approval are met. • • NEW CASTLE ENERGY CORPORATION RIDGE ##1 SURFACE FACILITIES NEW CASTLE, COLORADO LANDSCAPE PLANTING SCHEDULE Symbol Qty. Description Size Condition Deciduous Trees LC 155 Lanceleaf Cottonwood 8-10' B & B (Populus acuminata) RC 53 Robusta Cottonwood 8-10' B & B (Populus robusta) RO 21 Russian Olive 6-8' B & B (Elaeagnus angustifolia) Evergreen Trees S 21 Colorado Blue Spruce 8-10' B & B (Picea pungens) Total 250 NOTE: All trees listed here and shown on the drawing labeled Landscape Plan shall be irrigated by means of a drip irrigation system.