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HomeMy WebLinkAbout2.0 BOCC Staff Report 07.10.1995REQUEST: • • BOCC 7/10/95 PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit for extraction of Natural Resources (sand and gravel mining) APPLICANTS: Umetco Minerals Corporation LOCATION: A parcel of land located in portions of Sections 18, T6S, R93W of the 6th P.M.; more practically described as a parcel located just south of U.S. Hwy 6 & 24, just west of the new UMTRA site in Rifle. SITE DATA: 25.4 acres WATER: Located on adjacent UMTRA site SEWER: Located on adjacent UMTRA site ACCESS: U. S. Hwy. 6 & 24 EXISTING ZONING: A/I I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District F - River/Flood Plain Severe Environmental Constraints. H. DESCRIPTION OF THE PROPOSAL A. Site Description: The site, known as the "McCauley Gravel Pit", which is located in the Colorado River flood plain on the south side of Rifle The proposed pit is located between the existing UMTRA project an he Roaring Fork Sand and Gravel pit. (vicinity map is shown on page. B. Project Description: The applicants are requesting the issuance of a special use permit to allow for the extraction of up to 200,000 cubic yards of fill material for use in the reclamation of the UMTRA site in Rifle. The entire operation is anticipated to take 60-90 days to complete and a maximum of 26 acres of will be disturbed to complete the project. The entire operation will be located in a pit located on the west side of the UMTRA operations in the new mill site. Working hours will be ten (10) hours a day, five to six days a week. Material will be hauled to the UMTRA site via a 30 ft. wide, and 30 ft. to 50 ft. long haul road located between the two sites and constructed just for this operation. There will be four equipment operators on • • the site and the drivers of the haul trucks. The operation will use water and toilets at the UMTRA site for personal water and sewage needs of the project employees. Present plans call for using water on the haul road on an as needed basis only, and no water in the pit since it is expe ted to be moist. (See copy of the applicant's impact statement on pgs. _ -7 ). III. MAJOR ISSUES AND CONCERNS 1. Zoning: The requested land use is proposed to be a short term use, for a specific project only. Because the zoning resolution does not have a provision for a temporary special use permit, the requested permit has to be considered in the same light as any new permits. 2. Comprehensive Plan: The following statements are from the Garfield County Comprehensive Plan Urban Area of Influence Policies, Comprehensive Plan Goals, Objectives and Policies applicable to this application: A. "Encourage industrial expansion where similar development already exists in appropriate areas, i.e. within or adjacent to platted industrial parks, within designated industrial zones in existing towns, or adjacent to existing similar development." B. "The County may deny development proposals on the basis of : 1.) Lack of access to the site; 2.) Inadequate road access which will create an inadequate road with large daily truck volumes; or, 3.) A road which is already at or above its design capacity and due to the terrain or geology of the area, cannot be further improved to safely accommodate additional daily traffic." 3. Air Quality: Air emissions from the proposed project will be subject to State air pollution control regulations and the applicant has applied to the State for an Air Pollution Emission Notice (APEN). The APEN should be submitted prior to the issuance of the SUP. 4. Regulations Pertaining to Industrial Operations. A gravel extraction operation falls under the following industrial classification, per Section 2.02.31: Extraction: "to draw out or forth; hence to derive asifby drawing out'; removal ofphysical matter in a solid, liquid or gaseous state from its naturally occurring location; the initial step in utilization ofa natural resource; examples include petroleum and natural gas wells, shale and coal mines, gravel pits, timber cutting. Section 5.03.07 includes a description of an impact statement required as part of the SUP submittal. These Regulations require that the applicant provide the following information: ":.Its location, scope, design and construction schedule, including an explanation of its operational characteristics." • • This information, consistent with Section 5.03.07, was submitted with the application and is included with the Staff Report. Furthermore, Section 5.03.07 establishes requirements for industrial operations. Each of these requirements are presented below, followed by a discussion regarding the conformance of the SUP these requirements. Section 5.03.07 requires that the impact statement shall show 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 runoff, stream flow or ground water; The applicant states in the application that no water will be used for the project and that the operation should ont need any water due to the moisture in the soils. Any water used for dust control will come from the UMTRA project site to the east. B.) Use of adjacent land through the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; There will be impact from the project that falls under the jurisdiction of the Colorado Department of Health, Air Quality Division. As noted previously, a condition of approval should be as follows: "That all copies of all updated Colorado Department permits shall be submitted prior to issuance of the Special Use Permit". Vibrations from the proposal appear to be inconsequential when compared to the existing operation. Therefore, this issue requires no mitigation. Additional dust emissions may result from the haul road. Staff recommends that the following condition be placed on the proposal: "Water will be used as a dust suppressant in the project haul road area on a regular basis to mitigate any adverse impact from dust emissions extending beyond the immediate project area." C.) Wildlife and domestic animals through creation of hazardous attractions, alteration and existing native vegetation; The site has an operational gravel pit adjacent to the site, and the proposed use will not result in any additional land or vegetation disturbance beyond which is currently permitted. The area is not considered critical wildlife habitat. D.) Truck and automobile traffic to and from such uses shall not create hazards or nuisances to areas elsewhere in the County; There will only be four employees working on the site and all haul traffic will be on a project road between the sites. No need for mitigation is anticipated. • • E.) Sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed uses; As discussed earlier, there is an existing gravel pit that is currently operating on an adjacent property and the UMTRA project is on the other side. The Colorado River is to the south and the railroad is to the north. Therefore the proposal does not appear to conflict with this requirement. 1V. SUGGESTED FINDINGS 1. That proper publication and public notice was provided as required by law for the public hearing before the Board of County Commissioners. 2. That the 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. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION APPROVAL, subject to the following conditions of approval: 1. All proposals of the applicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. . Tha copy of Colora• Departme f Health R N pe shall be matte or to issue of a special use it. 3. Water will be used as a dust suppressant in project area and on the haul road on a regular basis to mitigate any adverse impact from dust emissions extending beyond the immediate project area. „L,€T&lj 3y '1' - .e) . E eA • • • V S- IMPACT STATEMENT SAND AND GRAVEL MINING OPERATION WEST RIFLE AREA, GARFIELD COUNTY, COLORADO TO: PLANNING DIRECTOR OF GARFIELD COUNTY PERMIT APPLICATION Umetco Minerals Corporation has an application before the State of Colorado for a Special Operations 111 Reclamation Permit to open a sand and gravel mining operation on certain lands owned by Umetco west of Rifle, Colorado. Such permits are granted for the sole purpose of obtaining material for highway, road, utility, or similar type construction under a federal, state, county, city, town or special district contract. SITE AND OPERATIONS DESCRIPTION The permit is needed for the excavation of up to 200,000 cubic yards of fill material for the on-going Department of Energy (DOE) UMTRA reclamation project, which is adjacent to Umetco's property on the east side. The description of the proposed permit area is "part of Lots 9 and 10 of Section 18, Township 6 South, Range 93 West, 6th PrM." It is anticipated that less than twenty-six (26) acres of land will be disturbed for this purpose. The operation will require approximately 60-90 days to complete. When excavation of fill is completed, the pit walls will be sloped 3:1 and covered with six to eight inches of topsoil, in accord with a plan to be approved by the State Division of Minerals and Geology (refer to copy of state permit application included with this application). Construction is scheduled for April or May of 1995. Project operational characteristics are not considered complex. A dozer and three scrapers will be used during this project. The dozer will push the scrapers during loading. The scrapers will haul to the place of use on a thirty-foot wide road approximately one- half mile in length. The fill will be used to close a pit which was excavated when mill tailings were removed as part of the UMTRA reclamation plan. COMPLIANCE Because the fill is expected to be moist, dust is not expected to be a problem during loading. The haul road will be wetted periodically by the DOE site contractor on an as needed basis to alleviate dusting. Umetco has applied to the State for an Air Pollution Emission Notice (APEN) and permit for this project. The project surface area is dry and relatively well drained. Surface water occurring within the permit area, such as that deposited by a storm, will be directed to the pit. Stream flow depletion is not anticipated because the operation is well away from the Colorado River. • • _2_ • Other than the adjacent UMTRA project area, adjacent lands will not be impacted by this project. Dust control measures will be enforced and equipment noise will not adversely affect neighbors because of the relatively remote location of the project area. Vapors, smoke, glare and vibrations are not expected to emanate from the project area. As a condition of the mining permit, representatives of the state Air Pollution Control Division, Water Quality Control Division, Division of Water Resources and Department of Wildlife must review and approve Umetco's mining and reclamation plans. The mining permit requires Umetco to post an adequate reclamation bond, as part of the permit application. Regulatory compliance is a corporate policy of Umetco Minerals Corporation. Accordingly, all operations conducted under the permit must comply with all applicable County, State and Federal regulations regulating water, air and noise pollution. Contractors of Umetco are required to meet the same standard. If there is a need to store flammable materials onsite, such storage will comply with the National Fire Code and Umetco corporate requirements. Waste and other deleterious materials will not be stored within the permit area. Topsoils encountered will be stockpiled within the permit area for use during site reclamation. Water pollution is not expected to occur as a result of operations. Operations will be conducted in a manner to avoid the exposure of groundwater. NO IMPACT TO INFRASTRUCTURE OR ADJOINING PROPER I'IES The impact of four equipment operators traveling to and from the relatively isolated permit area is considered to be minimal, particularly when compared with local traffic associated with the adjacent UMTRA project. This special and limited operation will not require the use of any county or state roads. The entire mining operation will be conducted on private lands, using existing roads for operations and site access. All but 30 feet of the haul road will be on state lands, where the UMTRA work is conducted. Abutting properties will not be damaged by operations. Scrapers will haul fill from Umetco's property to the adjacent state property. Other adjacent properties are situated well away from the project area. THIS IMPACT STATEMENT IS SUBMITTED TO THE GARFIELD COUNTY PLANNING DIRECTOR AND COUNTY COMMISSIONERS ON BEHALF OF UMETCO MINERALS CORPORATION AS PART OF AN APPLICATION FOR A SPECIAL/CONDITIONAL USE PERMIT. • Application of Umetco Minerals Corporation Special/Conditional Use Permit REQUIREMENT 1. Plans and specifications for proposed use (hours of operation, number of vehicles/day, location and size of structures, etc.) The lands covered by this permit application are owned by the Applicant, Umetco Minerals Corporation, and are situated west of Rifle, Colorado, in the SW1/4 of Section 18, T.6S., R.93W., 6th PrM. The lands are adjacent to state-owned lands on the east side, where an UMTRA project is underway. Subject to county approval, Umetco or its contractor will excavate up to 200,000 cubic yards of fill material from the lands for use at the adjacent UMTRA project site. Hours of operation are expected to be ten hours per day, five or six days per week. Excavation and hauling are expected to take about 60-90 days. The project will use one dozer and three scrapers. The dozer will push the scrapers while loading and the scrapers will haul fill material approximately one-half mile for use at the UMTRA project site and then return to the permit area. There are no permanent man-made structures within the pernnit area; however, several permanent man-made structures are located within 200 feet of the area. An access road and buried telephone cable are located within 200 feet of the northside of the permit area. The road will not be used by the applicant or its contractors. The UMTRA project fence is constructed within 200 feet of the east side of the area. On the west, two overhead power poles owned by Public Service of Colorado fall within 200 feet of the permit area (Refer to Map). The structures described above will not be impacted by proposed mining and reclamation activities except the UMTRA project fence will be opened at a point to allow access for hauling to the place of use. Refer to Mining Map and Reclamation Map, included in the county's copy of Umetco's state mining permit application. • • Application of Umetco Minerals Corporation Special/Conditional Use Permit REQUIREMENT 2. Existing or proposed method of sewage, source of disposal and water. Road access and other information deemed necessary to explain proposed use. The four equipment operators on this project will use facilities located at the adjacent UMTRA project site, thereby eliminating the need for sewage disposal within the permit area. Road access is not an issue as public roads will not be used for project activities.