HomeMy WebLinkAboutR21-097 Approval of American Gypsum Company Mine Expantion File No. ZS-9114-2020 Eagle County, CO 202127306
DocuSign Envelope ID:E0314449-ECD5-4176-8BBE-219283ACE83C Regina O'Brien 12/09/2021
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Commissioner Chandler-Henry moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2021- 097
RESOLUTION FOR THE APPROVAL
OF THE SPECIAL USE PERMIT
FOR A MINE EXPANSION
Eagle County File No.ZS-9114-2020
WHEREAS, on or about August 21, 2020, the County of Eagle, State of Colorado,
accepted for filing an application submitted by American Gypsum Company, LLC, (the
"Applicant") for the purpose of extracting gypsum resources (the "Application"), located in
the Resource Preservation Zone District in the unincorporated area of Eagle County
described as follows:
Parcels of land located on Bureau of Land Management property, more specifically,
Sections 28, 29, 30, 31, 32 and 33, Township 4 South, Range 85 West, 6th P.M., County of
Eagle, State of Colorado, north of the Town of Gypsum, accessed via County Road No. 51;
herein referred to as (the"Property");and
WHEREAS,the Lower Pit of the Property is zoned Resource ("R"). The Upper Pit of
the Property is zoned Resource Preservation ("RP") and managed by the United States
Department of Interior Bureau of Land Management(the"BLM"); and
WHEREAS, lands zoned R and RP, require the review and approval of a Special Use
Permit for the Extraction or Exploration of natural resources such as a gravel pit,petroleum,
or natural gas well,coal or ore mine; and
WHEREAS,American Gypsum has formerly operated under Special Use Permits ZS-
195-90A and ZS-00071 ("Previous SUPs");and
WHEREAS,this special use permit application proposes to expand the mine to further
extraction of gypsum by expanding the current Upper Pit mine and establishing a new mine
designated as the East Pit on BLM land(the"Special Use"); and
WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"),
Section 5-210.E -Notice of Public Hearings, notice of the Special Use Application was mailed
to all owners of property adjacent to the Special Use and was duly published in a newspaper
of general circulation throughout the County concerning the subject matter of the
Application and setting forth the dates and times of meetings for consideration of the
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Applications by the Eagle County Planning Commission(the"Planning Commission")and the
Board of County Commissioners of the County of Eagle (the"Board"); and
WHEREAS, at its public hearing held on July 21, 2021, the Planning Commission,
based upon its findings, recommended approval with conditions of the Special Use to the
Board; and
WHEREAS,at its regular public hearing of September 14,2021,the Board considered
the Special Use; associated plans; the statements and concerns of the Applicant, the Eagle
County Community Development and Engineering staff, and other interested persons; and
the recommendation of the Planning Commission; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the 2005 Eagle
County Comprehensive Plan (the "Plan") for the unincorporated areas of Eagle County, the
Future Land Use Map (the "FLUM") for Eagle County contained in the Plan, as well as the
comments of the Eagle County Department of Community Development,comments of public
officials and agencies,recommendation of the Planning Commission,and comments from all
interested parties,the Board finds as follows:
THAT,proper publication and public notice was provided as required by the ECLUR
and state law for the hearings before the Planning Commission and the Board.
THAT, the Board finds that the application shall be reviewed pursuant to ECLUR
Section 5-250,Special Uses.
THAT,the Application for Special Use for the Property complies with the standards
in ECLUR Section 5-250.B - Standards for Special Use, as set forth below:
a. Consistent with the Comprehensive Plan.Pursuant to Section 5-250.B.1,the
Special Use,as conditioned, is in substantial conformance with the policies of
the Plan and adopted documents pertaining to natural resource protection,
affordable housing, or infrastructure management. The designation on the
FLUM as explained in the Plan specifically anticipates mining and timber
operations as a current or future use. Furthermore, Policy 3.3.9.k identifies
mining activity"as viable economic activities,so long as negative social,cultural
and environmental impacts are appropriately mitigated." Wildlife protection
and environmental impact mitigation were critical elements of obtaining the
approval from BLM and Colorado Parks and Wildlife approval.The expansion
is limited to an area within or directly adjacent to the area already permitted
for mining operations and expands the permitted area by approximately 12%.
Furthermore, Condition 5 and Condition 6 from SUP ZS-00071 have been
carried over and restated in this Special Use Permit. Thus,the Special Use, as
conditioned,is in substantial conformance with applicable policies within the
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Plan.
b. Compatibility. Pursuant to Section 5-250.B.2, the Special Use is compatible
with the surrounding land uses. Mining is a land use that is contemplated and
considered acceptable and appropriate for the FLUM designation. The
expansion of the East Pit is partially located on the permitted mining activity
area and directly adjacent to the approved mining area. Surrounding the
mining area is open recreation. The expansion does not impact public
infrastructure as there is no water or wastewater infrastructure necessary for
operations. Access to the expanded East Pit will largely occur on already
established haul routes.Thus,the Special Use,as conditioned,will be generally
compatible with the existing and currently permissible future uses of adjacent
land and other substantially impacted land, services, or infrastructure
improvements.
c. Zone District Standards. Pursuant to Section 5-250.B.3, the Special Use
meets the requirements of Section 3-310.P Exploration, Extraction, and
Processing Operations,which requires an Environmental Impact Report, Site
Plan and Fabrication, Service and Repair/Storage analysis. The National
Environmental Policy Act ("NEPA") Environmental Assessment fulfilled the
Environmental Impact Report (the "NEPA Report") requirement and all
proposed mitigation efforts within the NEPA Report shall be adhered to per
BLM's and the Colorado Division of Reclamation, Mining and Safety approval.
The Applicant's reclamation plans detail how the mine pits will be reclaimed
through back fill and slash covering to facilitate revegetation. The site plan
shows four primary components to this proposed mine expansion, which
include expanding the Upper Pit, developing the East Pit, increasing the total
allowed disturbed area, and increasing the mining area boundary. The mine
office,maintenance shop,truck staging,and fuel storage area are existing and
located approximately halfway between the mine entrance and the Upper Pit.
This area is protected from visibility by a berm and includes an office trailer
and shop structure for indoor operations, as necessary. Storage is also
provided in this area or at the Wallboard Plant in the Town of Gypsum. Thus,
as conditioned, the Special Use does comply with the standards of the zone
district in which it is located and the standards applicable to the particular use,
as identified in ECLURs.
d. Design Minimizes Adverse Impact.Pursuant to Section 5-250.B.4,the design
of the Special Use reasonably avoids adverse impacts,including visual impacts
of the Special Use on adjacent lands, including trash, traffic, service delivery,
parking and loading,odors,noise,glare,and vibration and it will not otherwise
cause or create a nuisance. Mining operations and activities will remain at
current levels with no increase to traffic (hauling),trash,parking and loading,
odors,glare and vibration and noise levels.Haul truck trips are and will remain
at a current average rate of about 63 round-trip haul truck trips per day and
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the Special Use incorporates plans to reduce visual impacts related to mining
operations through reclamation backfilling and landscaping. Thus, as
conditioned,the Special Use will reasonably avoid adverse impact to adjacent
lands.
e. Design Minimizes Environmental Impact. Pursuant to Section 5-250.B.5,
the design of the Special Use minimizes environmental impacts and will not
cause significant deterioration of water and air resources, wildlife habitat,
scenic resources,and other natural resources.The NEPA Report,approved by
the BLM, details impacts from the proposed expansion regarding cultural
resources, water quality and stormwater control, air quality, reclamation
seeding,wildlife and scenic resources.According to several cultural resource
surveys no historically significant sites have been documented in the area.The
Mine is operating under Colorado General Stormwater Permit COG500000,
authorizing the discharge of process water.The Special Use includes a detailed
Storm Water Management Plan and a Spill Prevention, Control, and Counter
Measure Plan and the BLM decision requires compliance with Colorado
Department of Public Health and Environment permit requirements and the
dust control plan.The Applicant operates under Title V permit for air quality
control, which has been analyzed and determined to cover the planned
expansion of the East Pit. Reclamation will begin when feasible and all haul
routes will be reclaimed and drainages reestablished to a natural channel
shape and slopes regraded to blend in with existing topography. All federal
and state laws and regulations will be followed to mitigate any undue impacts
to wildlife, including but not limited to compliance with the Migratory Bird
Treaty Act,Bald,and Golden Eagle Protection Act,the Endangered Species Act,
and other applicable laws.Existing rock formations,vegetation,drainages,and
other landforms will be retained whenever possible or feasible.When clearing
vegetation is required, mitigation efforts will be used to lessen strong visual
lines associated with vegetation clearing. Thus, the Special Use, as
conditioned, will fully minimize environmental impacts, and will not cause
significant deterioration of water and air resources, wildlife habitat, scenic,
and other natural resources.
f. Impact on Public Facilities. Pursuant to Section 5-250.B.6, the Special Use
will be adequately served by public facilities and services, including roads,
pedestrian paths, potable water and wastewater facilities, parks, schools,
police and fire protection, and emergency medical services. There is no
infrastructure for pedestrian paths, potable water,wastewater, and the mine
operation or proposed expansion does not require any park or school
dedication. The Applicant will not be increasing the annual capacity of the
mine or the wallboard plant, therefore there is no expected increase in haul
truck traffic. The Special Use has been conditioned to require mitigation to
impacts to Trail Gulch Road. Thus, the Special Use, as conditioned, will be
adequately served by public facilities and services.
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g. Site Development Standards. Pursuant to Section 5-250.B.7,the Special Use
is in compliance with Article 4 Site Development Standards including
requirements for parking and loading, landscaping and illumination, signs,
natural resource protection, and commercial and industrial performances
standards. Site development standards for off-street parking and loading are
met as the Special Use does not require additional parking and loading.
Landscape and illumination standards are met as the Special Use does not
require additional landscaping or illumination and none is proposed.
Sign regulation standards are met as the Special Use does not include plans for
new signage.
As discussed in greater detail above in the analysis of Standard 5-250.B.5.
"Design Minimizes Environmental Impact," all federal and state laws and
regulations will be followed to mitigate any undue impacts to wildlife and
other natural resources. Site development standards for commercial and
industrial performance standards are met. The Special Use includes a
monitoring program and additional drilling and slope stability modeling for
the Upper and East Pit that has been included in the Operations Plan.
The noise and vibration standards, smoke and particulate standards are met
since there is no perceptible noise or vibration impact and dust and emissions
from the mine operation will remain at or very near current levels as there will
not be an increase in extraction of gypsum beyond currently permitted levels.
Standards for heat,glare,radiation,and electrical interference are met for the
Special Use because there are currently no impacts or anticipated future
impacts.
The standards for storage of hazardous and non-hazardous materials are met
with the submission of the Spill Prevention,Control and Counter Measure Plan
and the BLM Decision requirement of 110% secondary containment capacity
around hazardous materials.
No infrastructure is required for sidewalks and trails, irrigation, or sanitary
sewer. Improvements Standards for roadway, drainage, excavation and
grading, erosion control, utility and lighting and water supply are met as the
Special Use does will build one road in conformance with the ECLUR; the
existing sediment ponds are adequate for stormwater; excavation, grading
and erosion control plans are in conformance with ECLUR; and no power or
water lines are being extended to the site.
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Adequate potable water for the operation at the mine is and will continue to
be supplied commercially. Site development standards for impact fees and
land dedication standards are met as the Special Use does not create new
traffic-generating development.
Site development standards for Sustainable Community Index are difficult to
meet due to the Application's use and location;however,the site is Special Use
is located adjacent to an existing mine and does not provide connections due
to safety concerns. Thus,the Special Use, as conditioned, will comply with all
applicable standards in the ECLURs, Article 4, Site Development Standards.
h. Other Provisions. Pursuant to Section 5-250.B.8, no other provisions of the
ECLUR for use,layout,and general development characteristics in addition to
those already referenced and/or addressed have been found applicable to this
Application.Thus,the Special Use does comply with all standards required by
all other applicable provisions of the ECLURs for use, layout, and general
development characteristics.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle,State of Colorado:
THAT this Application for a Special Use Permit is hereby approved, subject to the
following conditions, and that violation of any condition shall be the basis for revocation of
the Special Use Permit pursuant to the ECLURs:
1. All Applicable State and Federal standards shall be met regarding Air and Water
Quality in accordance with the Colorado Department of Reclamation, Mining, and
Safety approvals.
2. The maximum amount of disturbed land for mining and excavation associated with
mining at any one time shall be limited to 50 acres.The acreage shall be measured as
a two-dimensional surface area plain of the active mining plateau.
3. Reclamation efforts shall occur pursuant to the recommendations and Conditions of
Approval of the BLM Environmental Assessment (DOI-BLM-CO-N040-2020-0028-
EA).
4. The Applicant shall maintain that portion of County Road No. 51 (Trail Gulch Road)
being used for a mining operation in a condition satisfactory to the County. The
Applicant shall post a sign at the mine entrance, adjacent to Trail Gulch Road,with a
contact phone number to report dust complaints. The Applicant shall maintain a
record of the dust complaint and mitigations and shall make them available to the
county upon request.
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THAT, this Special Use Permit shall be subject to review as provided for by the
ECLURs.
THAT, the Board directs the Department of Community Development to provide a
copy of this Resolution to the Applicant.
THAT, the Board hereby finds, determines and declares that this Resolution is
necessary for the health,safety and welfare of the citizens of Eagle County.
MOVED,READ AND ADOPTED by the Board of County Commissioners of the County
of Eagle,State of Colorado,at its regular meeting held the 7th day of December 2021,nunc
pro tunc to the 14th day of September,2021.
COUNTY OF EAGLE, STATE OF
fiEAGie_ COLORADO,By and Through Its
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BOARD OF COUNTY COMMISSIONERS
ATTEST:
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County Commissioners Chair
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Kathy`Cfl 6VI my
Commissioner
DocuSigned by:
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Jeann ia' Yttj/'
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner Scherr Aye
Commissioner Chandler-Henry Aye
Commissioner McQueeney Aye
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