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HomeMy WebLinkAbout103 CUP 23 Sunroc Gravel Pit Agenda Packet APPLICANTS: Sunroc Corporation PROJECT NAME: Sunroc Gravel Pit Expansion Small Gravel Mining COMMUNITY PLAN AREA: Etna ZONING: Rural PLANNER: Robert C. Davis PIN: 3519-021-00-340 At the June 7, 2023 Public Hearing, Your Honorable Body tabled the item File # 103 CUP 23 Sunroc DBA Depacto request for a Conditional Use Permit for a Small Mining Gravel Pit to June 20th at 12:30pm in order to further articulate any conditions of approval. At the June 7th meeting, You also voted to accept a request from Sunroc to withdraw the proposed Hot Mix Asphalt Plant and Cement Batch Plant from the application. The conditions of approval below are being considered. In addition to the Conditions of Approval is an attachment of Sunroc’s proposed revision of the Conditions of Approval for Your consideration. CONDITIONS OF APPROVAL: 1. This permit is to operate the uses outlined in the project description with the exception of a cement batch plant and hot mix asphalt plant. Significant alterations from the uses described in the application shall require additional permitting. 2. Copies of the permits received from the Wyoming Department of Environmental Quality shall be submitted to the Lincoln County Department of Planning and Development. 3. Permittee shall be subject to all State regulations relating to Small Mining and specifically shall be subject to the Chapter 9 Permit Application Requirements for Small Mining Operations. Any violation of any State regulations of Statutes relating to this operation shall be grounds for immediate termination of this Permit. Permittee will be responsible for ensuring compliance with all applicable County, State and Federal laws. 4. Lincoln County Weed & Pest shall certify the gravel is weed free and does not contain seeds which will promote noxious weeds and be inspected annually. 5. Applicant will maintain 1,000 feet of separation from any existing home for crushing operations, unless home owner(s) give written permission (copy to be submitted to the County). The distance will be measured from the location of the crusher located in the pit area to the existing home(s). 6. Applicant will maintain 400 feet of separation from the lot boundary of any existing home for excavation operations, unless home owner(s) give written permission (copy to be submitted to the County). The distance LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT CONDITIONAL USE PERMIT HEARING TIME AND DATE: 12:30 P.M., JUNE, 2023 HEARING LOCATIONS: LINCOLN COUNTY COURTHOUSE KEMMERER, WYOMING & VIA VIDEO CONFERENCE AT AFTON BRANCH OFFICE FILE # 103 CUP 23 will be measured from the excavation boundary of the gravel pit to the property line of the existing home(s). 7. The Disturbance Area will be 24 acres. 8. A 40-foot buffer will be created and maintained along the south boundary commencing at the eastern edge of the existing pit with allowance for 60 feet of access opening to the pit. A 100-foot buffer will also be required on the north commencing at the eastern edge of the existing pit. Allowable buffer materials would consist of earthen berms, hedges, rows of trees, evergreens or other fast-growing foliage that will, a) obscure the sight of the mining operation from adjoining road or residences and b) mitigate dust blowing from the pit area. 9. Berms will be placed along the southern, northern and eastern edges of the gravel pit as referenced in Chapter 6.4 Buffering of the LUR. 10. A plan which details the type of buffer materials, i.e., topsoil and waste rock and estimated time schedule and plan for implementation shall be submitted prior to issuance of the Conditional Use Permit. 11. The Applicant shall provide a survey depicting the permitted mining area, buffer areas and its proximity to adjacent dwellings. 12. Rock Farm Road will be upgraded to County subdivision road standards from the pit entrance to US Hwy 89. 13. Dust abatement on the Rock Farm Road will be completed a minimum of once per season, or as needed during use of the pit. 14. Crushing and excavation operations will only be allowed from 8:00 am to 5:00 pm, Monday through Friday, no weekends. 15. Outside lighting shall be allowed only when employees for the permitted use are working at the site, however, minimal outside security lighting will be allowed. All exterior lighting shall be minimized; and designed and installed to illuminate functional areas only and be consistent with LUR 6.10 Lighting. 16. Any fueling shall be done from operable fuel vehicles or tanks with approved leakage containment systems and approved by the local fire chief. 17. Truck traffic to and from the site is directly from Rock Farm Road. 18. Gravel or aggregate shall not be brought to the site for crushing and processing. All crushing and processing of aggregate shall originate from the subject property. 19. Neither Applicant nor its licensees shall be allowed, under any circumstances, to use the permit area for purposes of storing junk materials, such as abandoned cars or trucks or other equipment which is not capable of operation or any other equipment or materials which are not used in the operation contemplated by this Permit within a period of six (6) months. Permittee is specifically prohibited from using the permit area as a storage yard for junked equipment or materials, but in no way is it intended that this prohibition shall interfere with Permittee’s stockpiling of materials which have been extracted from the permit site. Materials which have not been extracted from the site may not be stockpiled on the permit area unless they are used for the purposes of reclamation within a period of six (6) months after being deposited on the site (Proposed for elimination by the Board of County Commissioners). 20. The Permittee shall not allow noise and dust to create a nuisance to adjoining properties. 21. The Permittee shall use best management practices for erosion and sediment control on all disturbed areas of the site. 22. The Permittee shall improve the vertical alignments of the culvert and provide adequate reinforcement of the canal crossing to ensure that the culvert can withstand heavy truck traffic. 23. The gravel pit will have a limit of 40,000 tons per year (Proposed for elimination by the Board of County Commissioners). © 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2022 TomTom Rock Farm Road 300 FOOT DISTURBANCE SETBACK PROPOSED HOT MIX ASPHALT PLANT PROPOSED CONCRETE BATCH PLANT PROPOSED DISTURBANCE BOUNDARY 1,000 FOOT CONCRETE/ASPHALT SETBACK 350'100'100'© 2023 Microsoft Corporation © 2022 TomTom NO.DATE:DESCRIPTION:BY:B.KingBK/OLSunroc CorporationEtna PitE12 NW14 of Section 2, T. 35N., R. 119W., 6th P.M. Lincoln County, Wyoming7/7/2022Dwg. No.Date:Approved:Drawn:Checked:TITLE:Sunroc Corporation730 N 1500 WOrem, Utah 84057801-802-6900Etna PitConditional Use Permit MapSUNROC PROPERTY BOUNDARY PERMITTED DISTURBED BOUNDARY (556 ET, 15 ACRES) ACTIVE DISTURBED AREA BOUNDARY (10 ACRES) Feet 0 250 500 PARCEL BOUNDARIES 300' MINING DISTURBANCE OFFSET BOUNDARY LEGEND OPERATIONS CONDITIONAL USE PERMIT # 109 PZ 08 (10 ACRE GRAVEL PIT) PROPERTY IS ZONED RURAL PARCEL # 35190210034000 (APPROX. 39.39 ACRES) SITE OPERATIONS ARE FROM 7:00 AM TO 6:00 PM MONDAY-FRIDAY PROPOSED OPERATIONS (AGGREGATE CRUSHING/CONCRETE BATCH PLANT/ASPHALT PLANT) PROPOSED OPERATIONS TO EXTRACT AGGREGATES FORM 10 ACRES TO 27.5 ACRES. CONTROL FUGITIVE DUST TO AVOID AIR QUALITY IMPACTS IN ACCORDANCE WITH DEPARTMENT OF ENVIRONMENTAL QUALITY. ADHERE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY, DIVISION OF AIR QUALITY SITE PERMITS. INSTALL APPROPRIATE EROSION AND SEDIMENT CONTROLS WHERE THERE IS THE POTENTIAL OF SEDIMENT TO BE TRANSPORTED TO A WATERCOURSE. KEEP SEDIMENT ON-SITE USING SEDIMENT BASINS, TRAPS OR SEDIMENT BARRIERS. A STORM WATER POLLUTION PREVENTION PLAN WILL BE IMPLEMENTED ACCORDING TO THE RULES AND REGULATIONS. A SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN WILL BE IMPLEMENTED REQUIRING SECONDARY CONTAINMENT ACCORDING TO THE RULES AND REGULATIONS. THERE IS A WELL ON SITE THAT WILL BE USED FOR WATER. TEN PARKING STALLS WILL BE PROVIDED. SANITARY SERVICES WILL BE PROVIDED WITH PORTABLE TOILETS. BOTTLED WATER WILL BE PROVIDED FOR DRINKING WATER. BERMS WILL BE INSTALLED AROUND THE PERIMETER OF THE OPERATION TRAFFIC COUNT (AVERAGE PER MONTH) -AGGREGATE CRUSHER, 480 TRUCKS/MONTH -CONCRETE BATCH PLANT, 440 TRUCKS/MONTH -ASPHALT PLANT, 225 TRUCKS/MONTH Vicinity Map (NTS) ETNA PIT 021/31/2023Update CUP Map and DescriptionBKPROPOSED DISTURBANCE BOUNDARY (27.5 ACRES) 1,000' BATCHING DISTURBANCE OFFSET BOUNDARY 1 APPLICANTS: Sunroc Corporation PROJECT NAME: Sunroc Gravel Pit Expansion Small Gravel Mining COMMUNITY PLAN AREA: Etna ZONING: Rural PLANNER: Robert C. Davis PIN: 3519-021-00-340 REQUEST: A Conditional Use Permit Application for a Small Gravel Mining operation calling for the expansion of an existing 10-acre gravel pit operation to 27.5 acres on roughly 39.39 acres in the Rural zone. Sunroc also requests the set up a hot mix asphalt plant and concrete batch plant on the site. The WDEQ application requires verification of local zoning compliance. LOCATION: 3 miles northwest of Star Valley Ranch, Wyoming E1⁄2NW1⁄4 of Section 2, T35N R119W Lot 3. Access is from Rock Farm Road, a 60-foot easement and private road. Attachments: 1. Vicinity Map 2. Application 3. WDOT Access Permit 4. Operation Plan 5. Air Quality Permit 6. Mining/Reclamation Plan 7. Deed 8. Comments from residents 9. Previous Staff Reports 10. Attachment I - Gravel pits permitting cement and asphalt plants PLANNING AND ZONING COMMISSION RECOMMENDATION: Planning and Zoning Commission recommends that the Board of County Commissioners Deny File # 103 CUP 23 a Conditional Use Permit for the Sunroc Gravel Pit Expansion including the cement batch plant and hot asphalt mix operations with: • FINDINGS OF DENIAL A-D. PROPOSAL The existing gravel pit operated under the previous owner as excavating, stockpiling and hauling gravel or ‘pit run’ gravel as Limited Gravel Mining not exceeding 15 acres quarry exemption from the WDEQ. The previous owner, Depatco, proposed to lease the gravel pit to different operations who would permit their own screening and crushing equipment. The applicant, Sunroc Corporation, proposes to conduct their own crushing operation in addition to operating LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT CONDITIONAL USE PERMIT HEARING TIME AND DATE: 10:00 A.M., JUNE 7, 2023 HEARING LOCATIONS: LINCOLN COUNTY COURTHOUSE KEMMERER, WYOMING & VIA VIDEO CONFERENCE AT AFTON BRANCH OFFICE FILE # 103 CUP 23 2 a hot mix asphalt and cement batch plant on the site and expand into a Small Gravel Mining operation. The applicant proposes to operate from 7am to 6pm Monday through Friday. There is a well on site that will be used for water. Sanitary services will be provided with portable toilets. The applicant intends to install berms around the perimeter of the operation, adhere to State and Federal requirements, i.e., Storm Water Pollution Prevention Plan, control fugitive dust, install appropriate erosion and sediment controls, implement a spill prevention and countermeasures plan and adhere to air quality regulation requirements. As with the Limited Mining operation, only 10 acres of land can be disturbed in any one year. At the Planning and Zoning Committee’s (PZC) Public Hearing held on April 19, 2023, the neighbors refuted the assumption that there should not be a substantive increase in the intensity of the use if limited to crushing and excavation operations. The operation under the management of Depatco over the last few years was sparse and saw limited crushing occurring during those times. Sunroc, on the other hand, is expected to fully operate as the seasons permit. As such, there is anticipated to be a substantive increase in impact from when Depatco operated. With regard to traffic, the applicant projects a maximum of 480 trucks/month for the crushing operation, 440 trucks/month for the concrete batch plan operation and 226 trucks/month for the asphalt plant operation for a maximum total of 1,156 trucks/month. According to the Depatco Air Quality Permit P0023021, the amount of material crushed or hauled from the pit shall not exceed 40,000 tons per year or 3,333 average tons per month. In general, a dump truck can carry 13 to 25 tons of gravel which equates to 256 to 133 trucks/month on average (if operated 12 months of the year). With the advent of the cement batch and asphalt plant, truck traffic is projected to increase by 140%. If the cement batch and asphalt plants were not allowed, the amount of truck traffic would not exceed the limits imposed by the existing Air Quality Permit. The residents at the PZC Public Hearing pointed out that there would likely be a 3 maximum use of trucks per month given the operation would not occur during a 12-month period but more like a 3-to-6- month period. The proposal calls for expansion of the gravel pit’s excavation area. The excavation area’s eastern boundary would increase from roughly 418 feet from the western property line to roughly 1,030 feet from the western property line. This would represent an additional 600 feet expansion from the western property line. With the proposed expansion, the nearest occupied dwelling to the east would be roughly 330-340 feet away from the proposed disturbance boundary. Currently, the gravel pit operation is over 1,000 feet from the closest residential building. The current WDEQ permitted disturbed boundary places the operation roughly 775 feet from the nearest occupied dwelling. The gravel pit, originally permitted through WDEQ in 1985, was expanded from three (3) acres to 10 acres in 2008 (109 PZ 08). In the 2008 approval, the applicant was to maintain a 1000-foot separation from any existing home unless home owners gave written permission. In the 2008 approval for the expansion of the gravel pit from three (3) acres to 10 acres, Condition #4 states, ‘Applicant will maintain 1000 feet of separation from any existing home, unless homeowner(s) give written permission (copy to be submitted to the County). The distance will be measured from the project boundary of the gravel pit to the existing home(s’)’. It was not clear to the current Staff whether the conditioned 1,000-foot separation pertained to the entire gravel pit operation or to the crushing operation as dictated in the LUR. Residents at the April 19, 2023 PZC Public Hearing stated the original owners of the gravel pit were the Robinson family who also built the Rocky Mountain Ranches subdivision immediately east of the gravel pit. The residents contend that the Robinson’s had agreed to a 1,000-foot buffer from the entire gravel pit operations to the nearest residential dwelling. It was stated at the Public Hearing that the 1,000- foot requirement was mandated by the WDEQ at the time, but was later changed to a 300-foot requirement. State Statute only requires a 300-foot separation and Land Use Regulation (LUR) 6.8 F currently requires the same for both Limited and Small Gravel Mining. Although the applicant was approved by the Board of 4 County Commissioners for Limited Mining up to 10 acres, the WDEQ will allow the pit to expand to 15 acres with an increase in the bond. ADDITIONAL BACKGROUND The request made in 2015 to expand the gravel pit (105 PZ 15) from 10 acres to 15 acres was tabled by the Planning and Zoning Commission. At the November 2015 Planning and Zoning Commission (PZC) meeting, in addition to the Planning Staff’s 11 Conditions of Approval, the PZC found that the proposed use would substantially impair the neighboring property and that the conditional use was not compatible with adjacent land uses and the area of its location. It appears these concerns partly stemmed from the ‘haul road damage and more specifically, culvert approaches damage’. Subsequently, the PZC tabled the application until January 2016 ‘to organize a solution for improving the vertical alignments for the culvert and for reinforcement of the canal crossing’. The applicant eventually withdrew the application. Normally gravel pits are not allowed adjoining an existing residential subdivision as per the current regulations, but because the pit was permitted prior to the platting of the Rocky Mtn. Ranches Subdivision which occurred in October 2003, it was allowed as a ‘conforming use in the Rural zone’. Staff considers the subject gravel pit to be a legal non-conforming use. Under the LUR, the non-conforming use is allowed to exist and expand, particularly when there will be no greater impacts of traffic, noise, hazardous air pollution, vibration, dust and other affects industrial uses tend to have on sensitive residential areas. Section 1.6 of the Land Use Regulations (LUR) Non-Conforming Uses allows for: 1. Changes in use of non-conforming building, structure or land, provided that the new use has no greater impact in regards to traffic, noise generation, parking requirements and similar factors, than the existing use. A conditional use permit must be obtained prior to any expansion. 2. Non-conforming uses may expand, but only on a lot or parcel occupied by the use on the effective date of these regulations. A conditional use permit must be obtained prior to any expansion. 5 At the April 19 PZC Public Hearing, Staff noted a Wyoming Supreme Court decision pertaining to the expansion of a gravel pit. The case specifically addresses gravel pits and the categorization of “diminishing assets". The Court recognized the logical expansion of a non-conforming use for a diminishing asset. To address non-conforming diminishing asset expansion, the Court adopted a three-prong test that has been implemented by other jurisdictions facing the same situation. The applicant/nonconforming user has the burden to prove all three. The three-prong test states: 1. The use was in existences at the time the regulation passed; 2. The area intended for expansion was clearly intended to be expanded as measured by objective manifestations; 3. Continued operations do not and or/will not have a substantially different and adverse impact on the neighborhood. The County Attorney then stated he felt that proving Prong #3 was questionable in that it would appear to have additional impacts given that the gravel pit excavation operation had stood relatively dormant over the last few years. As mentioned earlier in this report, the public presented a convincing argument that the gravel pit excavation expansion would have an adverse impact on the neighborhood. There will be additional impacts to the surrounding area particularly if the cement batch and asphalt plants are established. This is because the site is currently bordered by agricultural uses with the exception of a residential use to the south and the Rocky Mountain Ranches and Lazy A Ranch Subdivisions to the northeast and southeast (see map on previous page). The gravel pit will likely be bordered by further residential development to the south with the proposed Outhouse and Etna North Subdivisions. Approved master plans for Founders Park and Airstream subdivisions exist roughly 800 feet north of the gravel pit site leaving only two parcels directly north and east remaining as agricultural use. Further, those two remaining directly adjacent agricultural use parcels to the gravel pit are in a development path likely for mixed use high density residential zoning. As such, it is highly likely the gravel pit site will be completely surrounded by sensitive residential uses in the short-term. Given the potential development of more residential units in the area, the advent of a hot mix asphalt plant and cement batch plant would be extremely incompatible. Heavy industrial uses are not allowed in Rural zoning. If only the excavation expansion was approved, Staff has articulated 23 Conditions including a buffer area to the north of 600 ft. by 100 ft. along with a buffer of 600 ft. by 40 feet to the south that should be considered. The aforementioned buffer would allow for at least 100 feet of space between the pit area and adjacent lots to the north and south which are likely to develop as residential uses. Hot Asphalt Mix and Cement Batch Plant Operations Hot mix asphalt is used primarily as paving material and consists of a mixture of aggregate and liquid asphalt cement, which are heated and mixed in measured quantities. Hot mix asphalt (HMA) facilities can be broadly classified as either drum mix plants or batch mix plants, according to the process by which the raw materials are mixed. Air emissions are created at several stages during asphalt production. Most of the emissions come from an asphalt plants main stack. Fumes from asphalt storage and loading areas account for the remaining air emissions, collectively referred to as fugitive emissions. Several studies find many communities suffer from pollution caused by concrete batch plants and reports 6 that particulate emissions (PM) coat homes and cars and cause respiratory problems. The largest concerns associated with concrete batch plants are effects on traffic, air quality and water runoff. Both the Board of County Commissioners and the WDEQ did not allow an asphalt hot mix plant to be operated on the subject site under the current Conditional Use Permit. A typical concrete batch plant mixes water, cement, sand or gravel in batches mixed in a drum to create concrete. The transferring of aggregate into the silos, to the trucks, mixers, and etc., causes particulate matter emissions. Staff contacted the WDEQ to gather information on cement batch plants and asphalt plant operations currently permitted in Lincoln County. WDEQ indicated that there were nine (9) gravel pits in the county that have also been permitted for either a hot mix asphalt plant or a concrete batch plant (see Attachment I). All nine (9) pits are provided by WDEQ permitted for a hot mix asphalt plant but only one (1) gravel pit, Schulthess Pit, a.k.a., Wind Rivers Materials, LLC has been permitted for both. The other pit permitted for a cement batch plant is the Afton Pit, a.k.a. Avail Valley Construction. The nine (9) gravel pits permitted with either a cement batch or hot mix asphalt plants are: 1. Afton Pit, Avail Valley Construction-WY, LLC 2. Davison Pit, Flare Construction, Incorporated 3. Cedar Creek Pit , Avail Valley Construction-WY, LLC 4. 7 C's Pit, Wyoming Department of Transportation 5. Schulthess Pit, Wind River Materials, LLC 6. Weber Quarry, Wyoming Department of Transportation 7. Bon Rico Plant Site, Wyoming Department of Transportation 8. Pomeroy Pit, Wyoming Department of Transportation 9. Alpine Pit, Wyoming Department of Transportation Staff found permit information for a total of 29 gravel pits in the county including the nine (9) listed above. The gravel pits are listed in a spreadsheet found in Attachment I. State Requirements The applicant would be required to maintain permits from the WDEQ Land, Water and Air Quality Divisions. The applicant is also required to submit annual reports to the WDEQ. Staff has requested from WDEQ copies of the annual permits and documents relative to the transfer of ownership of the gravel pit. This would verify the amount of activity at the permit over the years. The crusher operation would require separate permits. A Small Mine Permit would allow a batch plant after meeting requirements for a Storm Water Permit. These requirements would have to be met and would be stored or articulated within the WDEQ Land Quality Permit. Public Comment Forty emails and letters were submitted opposing the proposed expansion citing the proposal as an eyesore, degradation of the environmental experience, concerns of toxic odors, devaluation of residential land and inversions (an inversion traps air pollution close to the ground and occurs when cold air at the surface gets trapped under a layer of warmer air). 7 PLANNING AND ZONING COMMISSION MEETING OF APRIL 19, 2023 After lengthy public comment and deliberation, the Planning and Zoning Commission voted to send a recommendation of DENIAL for the entire request to the Board of County Commissioners with Findings of Denial A-D. FINDINGS OF DENIAL: A. The proposal, with conditions, will substantially impair the appropriate use of neighboring property and will not provide a greater public need for convenience and welfare. B. The proposed gravel pit is not designed to be compatible with adjacent land uses and the area of its location. C. The existing non-conforming use, if changed or expanded, will have greater impact with regards to traffic, noise generation, environmental impacts and similar factors than the existing use. D. The proposal is not consistent with goals and objectives of the Lincoln County Comprehensive Plan, including Section IV Land Use Objective 1. Create Land Use Regulations that promote the responsible and orderly development of Lincoln County.