HomeMy WebLinkAbout2.0 Staff Report 07.20.1978June 20, 1978
MEMO TO: The Board of County Commissioners of Garfield County, Colorado
FROM: Planning Department
SUBJECT: C F & I Request for a Special Use Permit
In arriving at a decision on the Special Use request two (2) main
areas of the Zoning Ordinance must be discussed in light of the information
contained in the Industrial Impact Statement submitted by C F & I. The
first section of the Zoning Ordinance is 4.03.11 which provides that impact
upon the established character of the neighborhood by a requested Special
Use is to be considered, and may serve as a basis for denial of a permit,
if said impact is unacceptable. Related to this is Section 4.03.07 (3) which
provides that sufficient distances shall separate such uses from abutting
property which might otherwise be damaged by proposed operations. This
first area of consideration is obviously a sensitive one since the established
characterand use of the neighborhood is essentially natural, scenic add
recreational. No hard and fast standards are established in the determination
of whether or not a proposed use injures the established character of a
neighborhood since that is obviously a highly variable situation.
During the prolonged discussion concerning whether or not the Impact
Statement met the requirements of our regulations, the public discussion
became focussed on the specific details of documentation needed. In the
course of that discussion, this larger issue regarding whether or not open
pit mining should even be allowed in the area of Willow Peak and Deep Creek
Canyon was essentially forgotten. The Standards which appear in the Zoning
Ordinance regarding noise, dust, vibration, etc are certainly to be
considered in the above section, but it is important to point out that they
do not control. That is, even if a use does not exceed the maximum levels
of noise, dust, vibration, etc... set forth in the ordinance it still may
be denied on the basis that those impacts which it would produce would seriously
change the established character of the neighborhood.
The second major area of discussion is all those sections of the Ordinance
which relate to the specific requirements and activities outlined in the Zoning
Resolution which must be addressed by the applicant. The Sections of the
Ordinance to which I'm referring are:
4.03.07 (1) (a)
4.03.08 (1) (b)
4.03.08 (1) (c)
4.03.08 (5)
4.03.12
4.03.10
Impacts upon lawful use of water,
pollution of both surface and sub-
surface sources, adequacey of the
proposed water supply.
Smoke, noise, glare, dust, radiation,
fumes, vapor, & vibration generated
by the proposed Use.
Impacts upon Wildlife and domestic
animals.
Satisfactory rehabilitation plan
required.
Access routes and impact of
transportation.
Consideration of general health,
safety and welfare aspects which
would allow review of the social
and economic impacts of any proposed
use on the County.
A review of the C F & I industrial impact statement results in the
following conclusions:
1. Scope of the operation.
The applicant states that mining operations are expected to
continue beyond fifty (50) years due to the abundance of
limestone in the area. This statement leads one to conclude
that a decision by Garfield County to allow quarrying in the
area is definitely going to be a major shift in the character
of the immediate area, and probably this entire general area
of the County. Once the permit is granted, any number of
potential situations will be likely - future enlargement of
the proposed 80 acre quarry site for metalurgicaTgrade
limestone, potential new quarry operations on the site for
either metalurgicarl or non-metalurgical grade limestone,
potential new quarry operations on neighboring claims in the
area. Considering the above situations, I feel it is obvious
that one or several will be requested of the County if the
basic enabling decision to open the first quarry is approved.
2. Impact upon the area.
The limestone caves that are present in the area truly a
unique natural resource of the area. Their extensive nature
and the presence of the delicate cave formations make them
an important geological and recreational phenomonon in the
entire western region. The applicant has submitted data
which leads them to conclude that no major structural
disintegration of the caves will occur as a result of blasting
in the present quarry site. The information does not indicate
what damage, if any, could result to the more important and
delicate cave formations. In arriving at a decision, it must
be kept in mind that no corrective measures can be taken to
effectively eliminate damage if it occurs. The decision to
approve the quarry must regard that as an acceptable risk.
3. Transportation.
Orginially proposed as a sixty (60) foot wide haul road, this
facility has been re-examined by the applicant and it has been
concluded that the environmental impacts of an aerial tramline
for transporting the limestone to the railhead are far below
that of a road or a fixed conveyor. This method of transport
is indeed a more acceptable arrangement and would be necessary
for the project to demonstrate the least impact generated for
that particular activity.
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4. Impact upon surface and sub -surface water quality: Adequacy
of Water Supply.
Based upon published geological information and general surface
observation, the applicant concludes that no significant occurance
of groundwater is expected. Surface run-off impact is termed
negligible and it is proposed that where necessry control measures
will be taken to insure no pollution due to surface distrubance of
the site or material dumping. All test drilling is proposed to be
done after County approval. A baseline water quality monitoring
propgram is proposed for Deep Creek during operations. Before the
water quality monitoring would be useful a baseline standard must
be established consisting of periodic water samples taken over the
duration of one complete year. If such a monitoring activity is
contemplated it would of necessity have to continue through the life
of any quarrying operations to be meaningful.
The source of water for the project was originally proposed as the
Broken Rib Ditch, Coffeepot Spring, and rights to be purchased and
transferred out of the Reudi Reservoir. That has now been changed
by replacing the Reudi Water with Right purchased out of the Yost
Ditch. in the information submitted, the adequacy of the proposed
water supply as to amount, duration or legal access has not been
sufficiently proven. Any affirmative action would necessitate a
condition that the above supply and legal access be proven. In
addition the industrial impact statement sumitted by the Applicant
on February 2, 1977 stated that irrigation water would be available
for rehabilitation on the quarry floor. However, the Dotsero
Environmental Report of February, 1978 does not mention the use of
any water for site rehabilitation. The prior reclamation plan was
already approved by the Board of County Commissioners on May 10, 1977,
and therfore any action to approve the permit should clarify whether
or not irrigation water will be available for use on the quarry floor.
This could be an important point in the subsequent efforts to obtain
a Mined Land Reclamation permit for the project since the Mined Land
Reclamation Board may require temporary use of irrigation water if
deemed necessary.
5. Industrial Standards as they relate to noise, dust, vibration, glare,
heat and radiation.
The Applicant has stated that none of_the applicable Standards in
the Zoning Resolution would be exceeded. It is important to note
that the amounts of noise, at 90 decibies, are markedly above those
now encountered on the site. The dust levels, at 20% opacity, would
add to the seasonal problem which exists on the Forest Service Road
during the peak use period.
6. Wildlife.
The Applicant has stated that a full Wildlife Study will be done on
the site at some future time. Currently, the statement is made that
no adverse impacts upon the Wildlife habitat and populations is
expected as a result of the requested eighty (80) acre quarry.
7. Social economic impact.
The project is expected to generate thirty (30) new basic mining
positions. Major impact of the basic mining employees, their
families, additional service workers and their families is not
expected to take place in Garfield County, but rather Eagle County.
No analysis was offered as to the impact that the seasonal nature
of employment might have on the County or Counties of residence.
The addition of an aerial tramline as opposed to a haul road would
result in an increase in tax revenue for both Eagle and Garfield
Counties. However, in order for the tax revenue figures submitted
by the Applicant to be judged accurate, all the equipment involved
would have to be classified as permanent-nonmoveable in nature.
Consideration would have to be given to the fact that yearly
depreciation would also gradually reduce the tax revenue from the
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equipment and facilities.
In considering the impact statement and the use in general, it is my
recommendation that the request for a Special Use Permit be denied on the
basis that the use proposed would significantly impact and impair the
established character of the neighborhood, that being natural scenic and
recreational in character. This conclusion is based upon:
1. The reality that approval of the eighty (80) acre quarry
would in effect be policy approval of additional quarries
in the area at some future time;
2. The presence of a quarry operation and its attendent physical
impacts are totally alien to the character of the area as it
now exists;
3. No reasonable amount of separation in distance can be achieved
between the use and abutting property in order to effectively
mitigate the impacts upon the abutting property of a quarry
operation;
4. The risk associated with potential damage to cave formations
in the area should be deemed unacceptable, and since they
are in fact not correctable, the permit should be denied.
If, in the final analysis it is the decision of the Board of County
Commissioners of Garfield County, Colorado to approve the request for a
Special Use Permit, I would suggest the following conditions he placed
on its approval:
t. Proof to the County of an adequate physical and legal supply
of water for use in the operation to be submitted to the
County before any building permit for the project be approved.
2. The proposed testing programs for the detection of ground
water at the quarry site, establishment of baseline water
quality in Deep Creek and Twenty Pound Tick Cave, and the
impacts upon wildlife systems in the area be carried out.
3. The necessary permits for site rehabilitation control of
ambient air quality, and any other necessary State or Federal
permits be obtained prior to the start of the quarry operations.
4. The use of an aerial tramway for transporation of the limestone
to the railhead be considered a vital component of the permit.
Any proposed change in the method of transportation would
require a new public hearing and a new Special Use Permit.
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