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HomeMy WebLinkAbout1.20 Response to supplemental regulationsResponse to Regulations Supplementary Gravel Extraction 5.17.01 Water q €Fantity &._qullity Impacts / Floadplain Impacts If a gravel pit is located within the floodplain there is a reasonable chance that it could be flooded during its operational life. Equipment, machinery, firel etc could become pollutant sources in the case of a flood. In addition, if the pit is located near the floodway of a river there is the possibility that in a flood gravel pit could alter the natural course of a river. This can have negative imparts on a river ecosystem and unknown impacts on nearby landowners. Every Application for gravel extraction shall address the following; 1) When the proposal is near a river or stream the Applicant is required to submit an analysis by a professional engineer showing the boundaries of the floodplain and the floodway in the area of the pit, Response. Floodplain mapping of the subject properly is contained within Exhibit D of the Narrative Statement. 2) Provide a Storm Water Management Plan that demonstrates how the project will not adversely affect surface or groundwater resources. Additionally, provide a Sediment and Erosion Control plan that demonstrates what hest management practices will be used in the project. Response. The Storm Water Management Plan for proposed operations, together with best management practices is contained within the Drainage Plan contained within Exhibit S of the Narrative Statement, 3) In all cases, an application for a gravel mining operation shall include a Spill Prevention Counter Measure and Control Plan (SPCC) that provides a program that handles spills of hazardous materials as well as local contact information for responsible personnel at the facility. Response. Spill control countermeasures are set forth within the Drainage Plan contained within Exhibit S of the Narrative Statement. 4) No application shall be accepted by the County without a letter from the applicable fire protection district stating that the proposed project has been adequately designed to handle the storage of flammable or explosive solids or gases and that the methods comply with the national, state and local fire codes. Response. The required adequacy review by the applicable fire department, in this instance the Grand Valley Fire Protection District is contained within Exhibit l of this Response. 5) No materials or wastes shall be deposited upon a property in stick form or manner, that they may be transferred off the property by any reasonably foreseeable natural causes or forces, Response. See Generally, Drainage Plan contained within Exhibit S of the Narrative Staternent, 5) Development in 100 year Floodplain; Floodways - located within areas of special flood hazard established in Section 6.03.02, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which can)' debris, potential proiectiles and erosion potential, the following provisions shall apply: Response. No part of the subject. Property containing the proposed operations is located within the Floodway. See F,xhibit D of the Narrative Statement. a) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase or decrease in flood levels within the County during the occurrence of the base flood discharge. b) If Section 6.09.02 (1) (to be inserted when formatted) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 6.49. c) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, the County may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the Applicant obtains a Letter of Map Revision (LOMB) for a floodway revision through FEMA and that no reining activity shall occur until FEMA has approved a Letter of Map Revision (LOMR). d) In all cases, there shall be no storage of fuel or hazardous materials including concrete asphalt batch plants within the floodway, 7) Standards for Areas of Shallow Flooding: Located within the areas of special flood hazard established in 6.03.42 arc areas designated as shallow flooding also known as the flood - fringe. These areas have special flood hazards associated with base flood depths of l to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply. a) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the cornmunity's FIRM (at least two feet if no depth nurnbcr is specified). Response. No new construction of residential structures is proposed. b) All new construction and substantial improvements of nor>- residential structures; 1) shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; 2) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effccts of buoyancy. Response. The locations of proposed facilities are set forth within the 2 t, Facilities Location Map Contained within Exhibit 2 of this response. All facilities except for rock crushing, screening and mobile heavy equipment, which greatly exceed the required capability of resisting hydrostatic and hydrodynamic loans, shall be located outside of the 100 year floodplain. c) A registered professional engineer shall submit a certification to the County Floodplain Administrator that the standards of this Section, as proposed in 6.08.02 (1)a., have been fully satisfied. Response. Applicant will process coincident with this permit a floodplain special use permit with the floodplain coordinator. d) Require within Zones AH or AG adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. Response. See, Drainage Plan contained within Exhibit S of the Narrative Statement. See Also, Applicant's Storm Water Management Plan contained within Exhibit R of the Narrative Statement. 8) The proposed operation will be located a sufficient distance from other mining operations so as not to create cumulative impacts to the integrity of the watercourse. The Board of Commissioners will determine sufficiency of distance. Response. The nearest other mining operation, the Una Pit, is separated from proposed operations by County Road 300. Furthermore all discharges from the proposed mining operation will be discharged to a separate drainage swale and then to the Colorado River; as such, no cumulative impact to the integrity of the Colorado River is possible. 9) 1n- stream mining is not permitted. Response. None is proposed 10) All applications shall provide a de -water discharge plan that provides a detailed graphic representation of how dewatering operations shall occur. This plan shall demonstrate that the discharge will not exceed state standards for discharge into a watercourse or wetland. Response. See Generally, the Sturmwater Management Plan and Drainage Plan contained within the Narrative Statement as Exhibits R and S, respectively. Applicant's NPDES permit applications are included within the above referenced Drainage Plan (Exhibit S of the Narrative Statement) 1 1) In all cases, the Application shall contain proof that the operation has adequate legal and physical water for the proposed application. Response. The engineering report contained within the Water Court Decree obtained by Applicant (Exhibit K of the Narrative Statement) sets forth the water depletions associated with the various activities within proposed training and reclamation operations and remediation. Depletions slrall be augmented, as approved by the Water Court, under Applicant's Water Allotment Contract with the Colorado River Water Conservation District (Exhibit I. of the Narrative Statement). 3,17.02 Air Qualit Fugitive dust from disturbed areas is one of the primary causes of gravel pit air pollution. The potential for soil erosion potential also increases proportionate to the amount of disturbed area. Gravel Pits should make an active effort to reduce disturbed area through phased reclamation, efficient operations, and landscaping. Disturbed acreage can also provide a measure of visual impact when the operation is located on valley floor and there are residences on nearby hillsides. Opacity not to exceed 20 %. 1) All gravel operations in the County shall comply with applicable County, State, and Federal regulations regulating air pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Response. Proposed operations will not constitute a public nuisance or hazard. 2) Impacts on adjacent land from the generation of vapor, dust, smoke, or other emanations. All applications shall demonstrate how they will meet County, State, and federal air pollution regulations. Any repair and maintenance activity requiring the use of equipment that will generate odors beyond the property boundaries will be conducted within a building at any time or outdoors during the hours of 7:00 AM to 8:00 PM, Monday - Sa turday. Response. Proposed mining operations are expected to have a negligible impact upon surrounding lands. The subject property is presently being used for industrial uses (staging are for pipeline operations) and is surrounded primarily by oil and gas support facilities and other industrial uses. There are presently no residential strictures within 1000 feet of proposed operations. Applicant will conduct operations in the manner set forth within the Fugitive Dust Control Plan (Exhibit E of the Narrative Statement) and all machinery will be permitted and inspected on a regular basis by the Colorado Department of Public Health and Environment. Copies of Applicant's Air Pollutant Emission Notice applications which are also contained within Exhibit E of the Narrative Statement. 3) The proposed operation will be located a sufficient distance from other mining operations so as not to create cumulative impacts to air quality. Response. No such cumulative impact is expected 4) No Application shall be approved until the Applicant submits evidence that all plants and processing equipment shall have current Colorado Department of Public Health and the Environment (CDPHE) Air Pollution Permits and shall meet current CDPHE emissions standards for air and water. Response. See, response to 5.17.03 (2) and 5.17.131(10), hercinabove. 5.17.03 Noise/Vibration All gravel extraction operations in the County shall comply with applicable County, State, and federal regulations regulating noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. 1) An Applicant shall submit a noise study that demonstrates the proposed gravel operation can meet the requirements in the matrix below based on measuring the sound levels of noise radiating from a property line at a distance of 25 feet or more beyond the subject property. (The image to the right shows a dashed lint at 25 feet beyond the subject property where noise shall be rncasured.) Response. A background noise study has been provided, and is contained within Exhibit Q of the Narrative Statement. Engineering Dynarnics Incorporated, on the basis of this information and fanlher analysis is in the process of preparing a site- specific compliance review of proposed operations. A narrative outline of this analysis is also set forth in Exhibit Q of the Narrative Statement. 4 E t E i �g 1 1 i i+ t _ One Rd 2) dote, the dB(A) threshold shown below shall he that of the receiver and not that of the emitter. For example, while the gravel operation would be considered an industrial operation, the dB(A) levels shown below are treasured according to the neighboring uses so that if a residential use was located adjacent to the operation, sound levels could not exceed 55 dB(A) from 7 AM to 7 PM and 50 dB(A) from 7 PM to 7 AM. Response, This standard can be met through the creation of the gravel pit itself (8 feet of overburden excavation) and the utilization of berms and landscaping. Zone Tani to7 m 7 in to7arn Ilesidential 55 dB A) 50 dB(A) Comntercirrl 60 dB A 55 da A Light Industrial 65 rIB(A ) 70 r1B {A Industrial 80 dB(A) 75 (IB (A) 3) The proposed use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any botEndaEy litre of the property on which the use is located. Response. The proposed operations which will not utilize blasting shall comply with the standard. 5.17.04 Vis►Eal hnpacts All applications for gravel extraction shall address the following: 1) All gravel operations proposed to mine areas greater than 30 acres shall be designed in multiple phases in order to minimize the visual impact of the gravel pit primarily by logical "sequencing" and "overall layout" of the pit's design. Response. As is reflected in the Mining and Reclamation Plans (Exhibits F and G of the Narrative Statement) has been Phased (3 Phases) with concurrent Reclamation requiren alts. 5 :.r r •4 _ _ - n..w .. - low M.rllM+r Figure If: Example of phased extraction from east to west in smaller area of disturbance 2.) Design the proposed use including the storage of heavy equipment is organized to minimize impact on adjacent uses of land through installation of screen fences, berming, and 1 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. Response. As stated above, the general vicinity of proposed operations is heavily industrial in character, Applicant's proposed location of facilities (Exhibit 2 of this Response) together with its Mining and Reclamation flans satisfy this criteria. 2} At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property, Response. No response required. 3) New long -term (snore than one year) mining operations will minimize visual impacts along entryways to growth centers. Planning Commission and/or the Board of County Commissioners will determine sufficiency of minimization. Response. Proposed operations are not located within an existing growth center (other than industrial). Given the proposed life of proposed operations, Applicant would submit that prior to the tune this area of Garfield County is developed for either residential or comrn ere ial uses, for which extensive minimization would be appropriate, proposed operations will have been reclaimed 4) All application shall include a "Berming, Screening, and Buffering Plan" to aid in visual screening. Provisions in this plan shall be in place prior to commercial mining. Prior to site disturbance, the Applicant shall obtain a grading permit from Garfield County, The Applicant shall invite the Staff from the County Building and Planning Department to the site to inspect . that the installation occurred pursuant to the plan presented to the Board of County 6 5.17.05 Commissioners prior to the commencement of any commercial activity and issuance of the SUP. Response. The sand and gravel deposits proposed to be mined are approximately 8 to 10 fuel below the level of the existing topography, removal of such overburden will in and of itsell' provide extensive screening from adjacent properties and view corridors. Additionally overburden storage will be permed on the North and West sides of the proposed operation. This berm is depicted within the facilities location map provided in Exhibit 2 of this Response. 5) All lighting shall be the rninitnum necessary, directed inward and downward towards the property. Response. No response required. 6) Unless otherwise determined by the hoard of County Corn inissioners, rnining operations shall he allowed to progress so long as the previous pit has been reclaimed within b months after the commencement of the new pit mining operation, if the reclamation has not commenced in six months or have been completed within eighteen (18) months, all mining operations on the property shall stop until (lie reclamation I re- vegetation has occurred to the satisfaction of the County. Completion, including but not limited to toll - soiling, seeding, mulching, sapling planting, and outer filling of the lake, shall be determined by the provisions contained within the reclamation plan approved by the Board of Counry Commissioners. Response. Agreed, See Reclamation Plan (Exhibit G of Narrative Statement) Impaets to_County Road 5ystcm 1) All applications for a gravel extraction operation shall submit a traffic impact study prepared by a professional traffic engineer that identifies projected volurnes of traffic through the life of the project, expected haul routes and any improvements street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use. These improvements shall either he in place or shall be constructed in conjunction with the proposed use. Response. Applicant's traffic impact study is contained within Exhibit 11 of the Narrative Statement and its Application for County Driveway Permit and Application for State Highway Access Permit are contained within E=xhibits I and .1 of the Narrative Statement, respectively. Applicant is presently discussing with other property owners seeking development approvals, the permitting and construction of jointly required roadway improvements to State Highway 6 &24 and County Road 300 2) Truck traffic will not access the mining operation through residential, or commercial areas, or such traffic will be mitigated. Response. The proposed access does not access through residential or commercial areas. 3) The Applicant shall submit evidence of insurance for a minimurn of $1,000,000 to cover any damages to public and private property, and Garfield County shall be named as an additional insured. Response. No response required, 4) Roads used to access the construction site from the mine will he upgraded to withstand the additional traffic, and the permittee will prevent road damage and mitigate dust, under the supervision of the Road and Bridge Director. Response. No response required. 5) The Applicant shall obtain driveway access permits issued by Garfield County Road & Bridge Department at specific locations to be approved by the Road and ridge Department. These permits shall have conditions specific to the driveways. This may include stop signals at entrance to County Read. The stop signs and installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). Paved or concrete apronls shall also he required as specified by the i."ued permit /s. 6) If road damage on a County Road becomes evident due to the traffic generated from the gravel pit operation, the Road and Bridge Department shall require that repair or replacement of the road surface as detennined by Garfield County Road & Bridge Department become (lie responsibility of the owners or operators of the gravel pit operation. Response. No response required. 5.17.06 Impacts to Wildlife 1) The Applicant shall demonstrate the presence or absence of Threatened and Endangered species as well as the presence or absence of critical habitats for Threatened and Endangered species. Response. Applicant's Wildlife Assessment Report is contained within Exhibit 3 of this Response. No impacts to Threatened and Endangered species or critical habitat for the same are presented by proposed operations. Proposed operations will avoid all jurisdictional wetlands contained within the subject property as is confirmed within the Wetland Determination Report contained within Exhibit 4 of this Response and the Preliminary Jurisdictional Determination contained within Exhibit 5 of this Response. 2) The Application shall contain a Wildlife Impact Analysis prepared by a professional that identifies existijig wildlife habitat and impacts on wildlife as a result of the project which may include but be not limited to impacts to domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Response. See, above response. 5.17.07 Conrpatibility with Surrounding Land Uses Fhe following regulations shall apply to all gravel operations in the County: 1) No permit shall be approved unless sufficient distances separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Response. The Only Structures which could be impacted by proposed operations concern County Road 300 and the Union Pacific railroad line. All set -backs proposed conform to Division of Reclamation Mining and Safety regulations and as such, no impacts will be presented. 2) The equipment storage area is not placed any closer than 300 f1, from any existing residential dwelling. Response. There are no residential structures within 1000 11. of' the subject property or proposed operations. 3) Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right -of -way. Response. No such operations are proposed. 4) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres in size. Response. No such storage area is proposed. 5) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Response. No response requircd. 6) Shall be compatible with surrounding agricultural, residential, and recreational land uses by selection of location and/or mitigation. Response. See, response to Comprehensive Plan conformance provided separately within this Special Use Permit Application. 7) 'rhe proposed operation will be located a sufficient distance from other mining operations so as not to create non- mitigatable cumulative impacts to roads, air and water quality, or other resources and amenities. Response. Proposed operations are located directly west of existing operations at the 1]na Pit (across County Road 300). Given the expected operation life of the Una Pit, it is doubtful that concurrent mining operations will occur. Applicant, in either case is unaware of any such cumulative impacts which are non- mitigable. 8) Unless otherwise determined by the Board of County Commissioners, The gravel pit hours of operation will be 7:00 a.m. to 8:00 p.m. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7:00 am to 5:40 pm allowing for administrative and maintenance activities to take place until 8:00 p.m. No operations except emergency maintenance to ensure the integrity of operating equipment shall take place on Sunday. Response. No response required. 5. l 7.08 Reclamation I Enforcement Reclamation shall be done to create an aesthetically pleasing site or reclaimed area that will blend with or improve upon the surrounding areas. All applications shall submit a Reclamation Plan that specifically addresses the following aspects of reclamation: slopes, vegetation, lake I pond shape & character, wildlife habitat / agriculture, phasing and berms. Additionally, The State of Colorado Division of Reclamation, Mining and Safety has minimum standards for reclamation. For example, reclaimed slopes are typically required to be 3:1 or shallower. This standard creates stable slopes but does not necessarily result in a landscape that blends with the surroundings. The same is true for other aspects of reclamation. All Reclamation plans shall follow the following design criteria: 1) Slopes C] Wetland Sheff Design: F4W ataaa not adjaoefd to axlsting wrlW,4s Cottonwood Sapings Planted Of Existing TraesArolded 15' Wetland Shelf CMg1nal Pre -M..q ng Surface t Approx #mate Lake Svrfece 3 - Topsoil Replaced 5 Wet and Filnge IL to Depth of 1,O' 3;::.:..:, Figure III: Example of Slope Diagram Stumps and Roots Pieced n PlIes on the Lake 9afawn for fish Habitat a) Wetland Criteria: Varied slopes predominantly 5:1 or shallower, at least 80% 5:1, and 25% 10: 1 or- shallower in wetland zone. Response. This criteria is being incorporated in the Reclamation Flan presently being processed with the Division of Reclamation Mining and Safety. See Venerate Reclamation Plan contained within Exhibit G of the Narrative Statement. b) Dryland Criteria: Varied slopes predominantly 5:1 or shallower, scarrrlessly blends with surrounding landscape. Response. Same of response to 2)a) above. 2) Vegetation a) Wetland Criteria: Variation in re- vegetation, re- vegetation to include planting of trees andlor shrubs, if seedlings or sprouts plantings accur as part of phased reclamation and not ,just at the end of the mine life. Established trees or shrubs in final reclamation phase are at least 8' tall or 2" caliper trees or 5 gallon shrub containers. Active irrigation shall be employed in re- vegetation areas during the life of the urine or until re- vegetation is self-sustaining. Response. This criteria will be satisfied. See Generally, Reclamation Plan contained within Exhibit G of the Narrative Statement. b) Dryland Criteria: Variation in re- vegetation, re- vegetation to include planting of trees and/or shrubs, if seedlings or sprouts plantings occur as part: of phased reclamation and not ,just at the end of tlic inine life. Established trees or shrubs in final reclamation phase are at least 8' tall or 2" caliper trees or 5 gallon shrub container's. Active irrigation in re- vegetation areas during the life of the mine or until re- %,egetation is self - sustaining. Response. This criteria will be sat isficd. See Generally, ReclarnatiOil Plan contained within Exhibit G of the Narrative Statement. 10 2) Lake 1 Fond Shape and Character: Reclamation with multiple ponds or lakes with substantial islands or peninsula (at least 20% of total surface) to break up surface, undulation of shorelines provides natural appearance. Response. The mining area will be reclaimed as two non - uniform lakes which will support residential development, the present planned end -use of the subject property. 4) To the extent permitted by law, unless all disturbance created by the mining operation is covered by a reclamation bond under jurisdiction of the Colorado Division of Reclamation, Mining and Safety, or by the federal government on federally owned lands, a bond or other acceptable financial perfozniance guarantee shall be submitted in favor of Garfield County in an amount of at least 150 percent of the cost of restoration of the site and access roads. The required amount of such financial performance guarantees inay be increased at the discretion of the Board of County Commissioners to account for inflation. A hid for site restoration acceptable to the permitee and Garfield County shall be submitted to the Planning Department as evidence of the cost of reclamation for bond setting purposes. Response. The that portion of the subject property to be disturbed by mining and support operations will be subject to bonding with the Division of Reclamation and Mine Safety. 5) To the extent permitted by law, the Board of County Commissioners may require a financial performance guarantee in addition to that required by the Colorado Division of Reclamation, Mining and Safety to insure that certain conditions of a permit will be complied with. The required amount of' such financial performance guarantees may he increased at the discretion of the Board of County Commissioners to account for inflation. The County will not require financial guarantees that are duplicative of that required by the DRMS. Response. No response required. . i .. '3' ",. " [ .ri.. <1', .,.I:, !.'111. i :i.:1 .�r::. . 1 6) The operator will submit an annual report to the County Building and Planning Department with UPS 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. Response. No response required. 7) The County commits to notifying the Operator of any compliance concern and allows an inspection with site personnel and the designated County inspector prior to contacting any agency. Response. No response required. 8) The County can request a site inspection with one day's notice to the Operator. Full access to any part of the site will be granted. On request, all paperwork must be shown. The County cannot request a large number of inspections that would interfere with normal operation without cause, Response. No response required 9) A full list of all other permits shall be provided to the County. My person at any time can call the following agencies directly and request an inspection if they believe a condition of that agencies permit is being violated. a. CDPFIE Air Quality Contro1303 -692 -3150 b. CDPFIE 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. CDOT Grand Junction office 970 - 248 -7000 Response. No response required. 10) The County will be invited to any bond release inspection of the State Division of Reclamation, Mining and Safety. the County inspector will have the opportunity to demonstrate that any item of the permit has not been complied with and that bond should not be released. Response. No response required 1 1) The Operator acknowledges that the County has performance standards in place that could lead to revocation of the Special Use Permit if continued violations of the permit occur over a period of time. Response. Acknowledged. 12 Table of Contents Response to Supplemental Regulations Exhibit 1 .............................. ..........................Grand Valley Fire Protection District Exhibit Z ............................ ............................RT7 Industrial Site flan Exhibit 3 .. ............................... .......................Wildlife Assessment Report Exhibit 4 . ............................... ........................Wetland Determination Report Exhibit 5 ......... ............................... Preliminary Jurisdiction US Army Core of Engineers