DATE: October 19, 2000

TO: Planning Commission

FROM: Tim Maguire, Planner

Community Development Department

FILE NO.: USE2000-00066

PROPOSAL: A Conditional Use permit to operate a rock quarry at this site in conjunction with the CBJ project for the expansion of Statter Harbor and two DOT/PF projects, the Channel Drive Wayside and Egan Drive improvements.

 

GENERAL INFORMATION

Applicant: City and Borough of Juneau

Property Owner: City and Borough of Juneau

Property Address: 13 Mile Glacier Highway

Legal Description: Lot 1, USS 3810

Parcel Code No.: 4-B30-0-102-002-0

Site Size: Approximately 3/4-acre extraction area, of a 310-acre parcel

Zoning: RR, Rural Reserve

Utilities: CBJ Water Services and On-Site Sewer

Access: Glacier Highway

Existing Land Use: Vacant, Old Quarry Site

Surrounding Land Use: North - Vacant

South - Single Family Residential

East - Glacier Highway

West - Glacier Highway

 

 

BACKGROUND

The proposed site is located adjoining Glacier Highway at Stabler=s Point, about .5 miles from the Auke Bay Ferry Terminal. This site is owned by the CBJ but has been used as a source of rock for a DOT/PF project in the past.

The Stabler=s Point roadside rock outcropping was modified during road improvements projects in 1981 and 1985. A Conditional Use Permit was not needed at those times because the rock removal, the transport of, and final deposition of the material was conducted within the road project limits. In 1996, the DOT/PF applied for a Conditional Use Permit to operate a quarry at this site in conjunction with the expansion of the Auke Bay Ferry Terminal. A Conditional Use Permit was required because the extracted rock was being hauled off site. Rather than continue to carve the face of the rock embankment to improve the sight distance along this section of Glacier Highway, the quarry plan was modified to have the excavation extend back into the hillside to establish a completely new roadway alignment (See Attachment D).

More recently, the State has made an agreement with the CBJ which will enable them to remove additional rock from the Stabler=s Point site (See Attachment D). The proposal calls for the CBJ to convey a right-of-way easement across CBJ lands, and the rights to two million cubic yards of rock. This will allow the DOT/PF to continue the plan for realignment of Glacier Highway and provide a potential source of rock for other State projects. In addition, the CBJ has also offered this site as a potential quarry site to Point Lena Limited Liability Company as part of the compensation for the CBJ=s acquisition of Lena Point property.

On August 8, 2000, the Planning Commission approved another quarry permit at this site (See Attachment D1, USE2000-00045). This permit was for a continuation of quarrying at the existing rock face adjacent to the Glacier Highway.

In addition, at the August 8, 2000 meeting, a variance was granted (See Attachment D2, VAR2000-00037) to allow this development closer to the minimum 330 foot required setback for eagle nest trees. No new variance is needed for this revised quarry plan because the proposed quarry site is further from the subject eagle nest trees.

Since approval of the recent Conditional Use Permit (USE2000-00045) the bid for the Statter Harbor project has been awarded. The successful bidder, or the operator, submitted a quarry plan that was somewhat different than that originally approved. These differences are described in the project description. The applicant and operator understood these revisions still fell under the parameters of the original permit. When made aware of the need for a new permit, the application was immediately applied for. The CBJ is again the applicant and therefore is requesting this new Conditional Use Permit (USE2000-00066).

ANALYSIS

This request is a modified proposal of the recently approved Conditional Use Permit for a quarry operation. A new Conditional Use Permit was required because the extraction site and proposed access have been modified. In addition, a rock crusher is now being proposed as part of the operation. Although the project description has changed, much of the analysis and conditions of the previous permit will be valid.

In the case of a sand and gravel Conditional Use Permit, the Planning Commission is required to consider the following criteria:

CBJ 49.65.230 COMMISSION ACTION ON APPLICATION. Within thirty (30) days of the hearing, the Commission shall take action on the application. After the public hearing on the application, the Commission may grant the permit but shall first consider each of the following areas and may impose such restrictions as may be necessary to protect the public health, safety and welfare:

(1) The hours, days and times of year of operation;

(2) Screening, whether natural or artificial, to reduce or eliminate adverse visual, audible or other impacts of the operation;

(3) Measures to protect the public from the dangers of the operation or site, to prevent casual or easy access to the area, or to prevent the operation of area from being an unprotected attractive nuisance;

(4) Final and working slope ratios of the face of any extraction area to the extend necessary to protect abutting public and private property, and to protect the future beneficial uses of the property as described in the applicant=s plan for development and restoration;

(5) Measures to protect private and public property adjoining the operation and to guarantee orderly and safe traffic circulation both on the public streets and within the permit application area;

(6) Measures which will ensure adequate drainage or collection and storage of surface waters to protect surrounding property, eliminate dangers to the public, or to protect the future beneficial use of the property as described in the applicant=s plan for development and restoration;

(7) Measures to protect the water level and water quality;

(8) Measures to minimize or eliminate airborne particulates, visual blight, noise and other adverse environmental effects;

(9) Restoration measures and schedule;

(10) Other measures designed to protect the public health, safety and welfare, including preservation of neighboring property; and

(11) Present development and past history of the neighboring property (Serial No. 87- 49 ' 2 [part], 1987).

The following staff analysis reviews and addresses each of the areas listed in CBJ 49.65.230 as well as those required under Conditional Use Permits CBJ 49.15.330.

 

 

Project Site - This revised plan has the quarry location shifted to the northwest and on top of the bluff, rather than the existing rock face directly adjacent to the highway. This location is considered to be more desirable for a number of reasons. Since this new site is not close to the roadway, it avoids possible conflicts with traffic and utility lines. There is also more screening from view and for sound. There is only one building located in the near vicinity, approximately 550 feet from the extraction line.

Traffic [CBJ 49.65.230 (5)] - Traffic along Glacier Highway will be impacted by the rock removal operation. However, these impacts should be lessened with this revised proposal. Access to the quarry operation will now be the existing 700 foot service road that runs behind the quarry sire and enters Glacier Highway closer to Auke Bay. The roadway had previously been used to access the upper portion of the quarry site for equipment such a drill rigs. It will now be used as the main haul road for the operation.

The operator has obtained a Driveway and Traffic Control Permit from the Alaska Department of Transportation and Public Facilities (DOT/PF) (See Attachment D3). This driveway is located before the corner at Stabler=s Point and has somewhat better sight distance. Traffic will still be impacted because a flagger is required at all time of hauling from the site as part of the traffic control plan. However, less disruption of traffic should take place due to elimination of conflicts with blasting close to Glacier Highway.

Parking and Circulation - A provision for parking is not required because the site and activity are intermittent and not associated with a structure or fixed location. As noted above, the traffic control plan for ingress and egress from the site has been approved by DOT/PF.

Noise [CBJ 49.65.230 (8)] - The operation of the quarry produces significant noise from rock drilling, blasting, heavy loading and hauling equipment. As with the previous Conditional Use Permit, the maximum time frame for this proposal will be less than one year for all three projects.

Generally, this new site should have less of a noise impact than the previously approved quarry proposal. This new proposal will relocate the quarry operation from the rock face adjacent to Glacier Highway to the top of the bluff. This site has less exposure and is elevated approximately 100 feet above residential dwellings in the area. Screening should increase as quarrying proceeds and the operation becomes more recessed into the mountain top.

The proposal to locate a rock crusher on site increases the potential for more noise. In anticipation of this proposal, decibel readings were taken of the crusher in operation and in direct line of site (See Attachment). The readings indicate that noise levels are reduced considerably with distance. The closest dwelling is located approximately 600 feet from the crusher location. Other factors are expected to reduce the noise impact further. The proposed crusher location is elevated from the surrounding properties, screened with trees and will be recessed in the pit floor. The rock crushing and hauling portion of Statter Harbor construction is expected to take 22 days. However, the actual total days of crusher operation will be less. In addition, the hours of operation for the crushed will be limited to 8:00 A.M. to 5:00 P.M. with no Sunday operation. In a recent permit approval for an industrial use, decibel level was limited to 55 at the receiving residential property for continuous noise. Based on the information above, it is thought that this use will meet this standard.

All industrial uses must operate according to provisions of Chapter 50 of Title 4, CBJ Administrative Code, including noise restrictions (See Attachment D4).

Dust Control [CBJ 49.65.230 (8)] - The drilling and loading components of the project will create some dust during periods of dry weather. Any dust is expected to dissipate soon after it is created due to the exposed nature of the site to prevailing wind. The Alaska Department of Environmental Conservation standards for dust emissions, and the Stabler=s Point extraction activities are subject to regulation under their jurisdiction. The applicant will be required to mitigate dust impacts from all operations as they occur.

Hours of Operation [CBJ 49.65.230(I)] - The applicant has proposed hours of normal operation to be Monday through Friday 7:00 A.M. to 6:00 P.M. and Saturday and Sunday from 8:00 A.M. to 5:00 P.M. The applicant has also requested that allowance be made to extend these hours for traffic safety. The hours of operation for the rock crusher will be limited to 8:00 A.M. to 5:00 P.M. with no Sunday operation.

Screening [CBJ 49+65.230 (2) and (5)] - This revised quarry site will be screened from all directions except where the excavation will daylight at a small portion of the existing rock face. The rest of the site is surrounded by natural vegetation on vacant CBJ land.

Screening and Site Hazards [CBJ 46.65.230 (3)] - The activity will be limited to private equipment working on the site. The hazards inherent in quarry operations and site conditions must be mitigated by restricting access to the site. Workmen will be at the site during regular working hours. Security, at all times, will be the responsibility of the contractor during the progress of the work. The access road will be blocked by equipment or log barriers during operation and is required to be blocked by type III Jersey Barriers or other suitable permanent barriers when operation is halted. It will also be recommended that Ano trespassing@ signs be installed.

Site hazards that are likely to be encountered on the quarry site include: steep bluffs, explosives (during blasting operations), heavy equipment and airborne debris during blasting. The applicant has indicated that contractor quarrying operations will adhere to OSHA guidelines. Staff is recommending that there be no storage of explosives on-site except what is immediately necessary for the next blast. The vertical faces of the quarry will continue to be stepped back since each operator will be required to conform to sire restoration with this benched configuration.

Blasting [CBJ 49.65.230 (3) and (5)] - Blasting at the sire is a critical component of the quarry operation. If blasting operations are conducted by certified personnel and in compliance with applicable standards, the hazards should be minimal. Drilling loading and detonation should be conducted in a manner which prevents fly rock, air shock and any seismic vibration that would cause damage to adjoining and adjacent properties and reduce disturbances to a minimum. The operation of the quarry falls under OSHA jurisdiction as well as the requirements of the DOT & PF project specifications (See Attachment E). In addition, blasting will be conducted according to attached specifications (See Attachments F & G). That include submittal of an individual blasting plan, approved by a blasting engineer, prior to any blasting taking place (See Attachment G1).

There is one single-family residence across the highway from the site located at 12701 Glacier Highway. The house is quite old and the owner has expressed concerns about seismic disturbances causing damage to the foundation during review of a previous Conditional Permit in 1996. To continue to address this concern, the applicants have met with the owner of the Copland residence located at 12701 Glacier Highway, and agreed to mitigation. We have added conditions t the permit to provide a structural assessment of the house and foundation, monitoring and individual notice. Blast operations will be sized to avoid any disturbance to the house.

Site Drainage Plan [CBJ 49.65.230 (6) and (7)] - The site is a rock bluff that will be stepped back and stabilized at a grade of 1/4:1 slope. The floor of the pit will retain a 2% slope so that the final pit drainage will be toward the roadway. During pit operation the drainage will flow toward the natural drainage to the northeast and will be required to be treated. A water quality plan will need to be submitted and be required to adhere to standards set forth in the manual ABest Management Practices for Reclaiming Surface Mines in Washington and Oregon.@

Restoration Plan [CBJ 49.65.230 (4) and (9) - The site will be restored according to the site plan as submitted with cross sections. Each operator will be required to leave a stabilized slope face that conforms to the plan. The operator will also be required to adhere to standards set forth in the manual ABest Management Practices for Reclaiming Surface Mines in Washington and Oregon@ where applicable (See Attachment H). The long range plan for this site is to continue to use it for rock extraction until a new roadway alignment is complete.

Restoration Bond - The operator will be required to provide performance bonding for all work including restoration of the quarry, as described above.

Community Need - This site is made available to contractors in conjunction with the development of public improvement project. This is a similar situation to the CBJ gravel pit operation at Lemon Creek where the use of the pit is also made available to CBJ and State contractors. This provides an alternative source of material and helps to reduce costs. Sources for rock in the community are limited. The one approved source of suitable rock in this vicinity, the Lena Point quarry, is now closed. In addition, this proposed extraction is part of a long range plan to improve this section of Glacier Highway. These projects help to accomplish this long range goal.

Public Health or Safety {CBJ 49.65.230 (10)] - We are not aware of any evidence to suggest that the proposed development would endanger public health or safety provided the applicant operates within the constraints of state and federal standards and conditions of the permit. These include restrictions on blasting, required traffic control, controlled access to the site, and limited explosive storage and less restoration.

Property Value or Neighborhood Harmony - We are not aware of any evidence to suggest that the proposed development would significantly affect property values or be out of harmony with the surrounding residences as described below. Blasting will be monitored and controlled. Truck traffic will be limited to Glacier Highway which is classified as a major collector in this area of roadway.

 

Conformity With Adopted Plans - The proposed development conforms to all known adopted CBJ plans. The proposed development is consistent with plans by Dot/PF to improve the sight distance and therefore safety of realignment of this section of highway.

Juneau Coastal Management Program - The proposed development was reviewed for compliance with CBJ 49.70.900, the Juneau Coastal Management Program. The analysis reveals that development, as proposed, is consistent with the JCMP. The issue of eagle nest trees does affect this project. A variance (VAR2000-00037) was granted with the previous quarry permit to operate within 50 feet of one of the eagle nest trees. The operation must adhere to the guidelines recommended by the U.S. Fish and Wildlife Service (See Attachment 1). This revised quarry operation will move the extraction activities further from the subject eagle nesting.

The quarry plan calls for the pit floor to retain a 2% slope so that the final pit drainage will be toward the roadway. During pit operation drainage will flow toward the natural stream channel to the northeast. Therefore, during development, drainage will be monitored and adequate treatment will occur such as check dams, silt fences and retention ponds in order to assure water quality standards are met. A water quality plan will need to be submitted to the CBJ Engineering and CDD Departments for approval, and is required to adhere to standards set forth in the manual ABest Management Practices for Reclaiming Surface Mines in Washington and Oregon@.

ENGINEER=S REPORT AND RECOMMENDATIONS

CBJ code Section 49.65.215 required an independent review made by the CBJ Engineering Department. Terry Brenner P.E. reviewed the original quarry proposal and submitted comments in his memo dated June 28, 2000 (See Attachment J). Mr. Brenner=s recommendations have been integrated into the staff review and conditions. The CBJ Engineering Department has submitted additional conditions concerning this revised application (See Attachment J1).

FINDINGS

CBJ '49.15.330 (e)(1), Review of Director=s Determinations, states that the Planning Commission shall review the director=s report to consider:

1. Whether the application is complete; and,

2. Whether the proposed use is appropriate according to the Table of Permissible Uses;

3. Whether the development as proposed will comply with the other requirements of this chapter.

The commission shall adopt the director=s determination on the three items above unless it finds, by a preponderance of the evidence, that the director=s determination was in error, and states its reasoning for each finding with particularity.

 

 

CBJ '49.15.330 (f), Commission Determinations, states that even if the commission adopts the director=s determination, it may nonetheless deny or condition the permit if it concludes, based upon its own independent review of the information submitted at the public hearing, that the development will more probably that not:

1. Materially endanger the public health or safety;

2. Substantially decrease the value of or be out of harmony with property in neighboring area; or,

3. Not be in general conformity with the comprehensive plan, thoroughfare plan, or other officially adopted plans.

Per CBJ '49.15.330 (e)(1) (A thru C), Review of Director=s Determinations, the director makes the following findings on the proposed development:

1. Is the application for the requested Conditional Use permit complete?

Yes. We find the application contains the information necessary to conduct a full review of the proposed operations. The application submittal by the applicant, including the appropriate fees, substantially conform to the requirements of CBJ code Chapters 49.15.

2. Is the proposed use appropriate according to the Table of Permissible Uses?

Yes. We find the proposed use is appropriate according to the Table of Permissible Uses. Sand and Gravel which includes quarry operations is listed in CBJ '49.25.300 section 14.500 as a conditional use for the RR, Rural Reserve zoning district.

CBJ 49.65.200 EXTRACTION PERMIT REQUIRED states: Aexcavation, removal or otherwise extraction of stone, gravel, clay and other natural deposits and formations, including the processing of the materials...@ page 561-16 (CBJ Land Use Ordinance).

3. Will the proposed development comply with the other requirements of this chapter?

Yes. The proposed development complies with the other requirements of this chapter. Notice was provided in the Juneau Empire under Your Municipality which ran on Friday, October 13, 2000. A public notice sign was posted on the site at least 14 days prior to the meeting and notice was mailed to owners or record of all property within 500 feet of the subject property.

4. Will the proposed development materially endanger the public health or safety?

No. We find, based on the preceding staff analysis, no evidence is found to indicate that the proposed development will materially endanger the public health or safety if the quarry is operated in conformance with the applicant=s proposal and applicable state and federal standards and conditions of approval. These include restrictions on blasting, required traffic control, controlled access to the site, limited explosive storage, and restoration.

 

5. Will the proposed development substantially decrease the value of or be out of harmony with property in the neighboring area?

No. We find, based on the preceding staff analysis, the proposed development will not decrease the value of or be out of harmony with the neighboring areas. Activities are limited to controlled blasting, crushing, rock removal and haul from site. We find that the proposed project is typical of roadway improvement construction and is temporary in nature. The operation will be screened from surrounding residences. Blasting will be monitored and controlled. Truck traffic will be limited to Glacier Highway which is classified as a major collector of the highway. Hours and days of operation will be limited.

6. Will the proposed development be in general conformity with the land use plan, thoroughfare plan, or other officially adopted plans?

Yes. We find that the proposed development will be in general conformity with the land use plan, thoroughfare plan and other officially adopted plans. The proposed development is consistent with plans by DOT/PF to improve the sight distance, and therefore safety, by realignment of this section of highway.

 7. Will the proposed development comply with the Juneau Coastal Management Program?

Yes. The proposed development was reviewed for compliance with CBJ 49.70.900, the Juneau Coastal Management Program. The analysis reveals that development as proposed, appears consistent with the JCMP. The issue of eagle nest trees does affect this project. A variance (VAR2000-00037) was granted with the previous quarry permit to operate within 50 feet of one of the nest trees. The operation must adhere to the guidelines recommended by the U.S. Fish and Wildlife Service. This revised quarry operation will move the extraction activities further from the subject eagle nesting. Three eagle nest trees exist within the immediate area of the project site.

The quarry plan calls for the pit floor to retain a 2% slope so that the final pit drainage will be towards the roadway. During pit operation drainage will flow toward the natural stream channel to the northeast. Therefore during development drainage will be monitored and adequate treatment will occur such as check dams, silt fences, and retention ponds in order to assure water quality standards are met. Water will be diverted away from the areas of active excavation where feasible. A water quality plan will need to be submitted to the CBJ Engineering and CDD Department for approval.

RECOMMENDATION

We recommend that the Planning Commission adopt the director=s analysis and findings and grant the requested Conditional Use Permit. The permit would allow a temporary quarry operation at Stabler=s Point to remove 33,500 cubic yards for the construction of the Statter Harbor Parking and Pedestrian Improvement Project Phase II, the Juneau Area wide Paving Project and the Channel Drive Wayside Project. The approval is subject to the following conditions:

 

1. The applicant shall conduct, or cause to be conducted, a pre-blast survey of the Copland residence located at 12701 Glacier Highway to assure blast loads are calculated properly and all other operations are conducted to prevent any damage to the dwelling. The assessment shall include the exterior and interior of the building and be used as a baseline to determine if any damage has occurred due to the blasting. Verification of the pre-blast survey shall be submitted to the Engineering Department;

2. The applicant shall install a seismograph to monitor vibrations at the Copland residence to insure blast magnitudes that produce safe peak vibration levels for residential structures;

3 The applicant shall notify the owner of the residence at 12701 Glacier Highway 24-hours in advance of blasting so they may plan to be absent from the residence at their prerogative;

4. The applicant shall not store explosives on site except that which is immediately necessary for the next blast;

5. The applicant shall retain a 2% slope for the pit floor so that the final pit drainage will be directed toward the roadway. During development the applicant will monitor drainage and provide treatment of drainage such as check dams, silt fences, and retention ponds in order to assure water quality standards are met. Water will be diverted away from the areas of active excavation where feasible. A water quality plan will need to be submitted to the CBJ Engineering and CDD Departments for approval, and this plan shall adhere to relevant standards set forth in the manual ABest Management Practices for Reclaiming Surface Mines in Washington and Oregon@;

6. This conditional use approval shall be effective until July 31, 2001, or such a time when the Juneau Statter Harbor Parking and Pedestrian Improvement Project Phase II Areawide Paving, and the Channel Drive Wayside construction projects have been completed, whichever is sooner;

7. The applicant shall insure that the haul road is blocked by equipment or log barriers during operation and be blocked by Type III Jersey Barriers or other suitable permanent barriers when operation is halted. Also, that Ano-trespassing@ signs shall be installed;

8. That the applicant shall reclaim the quarry site as per the reclamation detail, contained in the application including a minimum final face slope of 3:1. The proposed reclamation plans needs to be expanded to insure that adequate finished faces and benches are in place during the period between projects even if the entire quantity of rock has not been removed. Restoration shall also adhere to standards set forth in the manual. ABest Management Practices for Reclaiming Surface Mines in Washington and Oregon@ and the Usage Plan;

9. The applicant shall be responsible for controlling dust caused by excavation, truck hauling, rock crushing, or other aspects of the operation;

 

10. The applicant shall assure that the rock extraction operations are scheduled consistent with the recommendations of the U.S. Fish and Wildlife Service for the protection of nesting eagles;

11. That the hours of normal operation to be limited to Monday through Friday, 7:00 A.M. to 6:00 P.M. and Saturday and Sunday from 8:00 A.M. to 5:00 P.M. Blasting operation will not be permitted on Saturdays, Sundays or on official holidays. Blasting shall occur between the hours of 12:00 P.M. and 3:00 P.M. That allowance can be made to extend these hours for traffic safety concerns, or other extraordinary circumstances, with the approval of the Director of Community Development. The hours of operation for the rock crusher shall be limited to 8:00 A.M. to 5:00 P.M., with no Sunday operation;

12. The applicant shall operate in conformance with all provisions of Chapter 50 of Title 4, CBJ Administrative Code;

13. The applicant shall operate according to the application proposal documents except that all the conditions contained herein shall take precedence.

ENGINEER=S REPORT AND RECOMMENDATIONS

CBJ code Section 49.65.215 required an independent review made by the CBJ Engineering Department. Terry Brenner P.E. reviewed the original quarry proposal and submitted comments in his memo dated June 28, 2000 (See Attachment J). Mr. Brenner=s recommendations have been integrated into the staff review and conditions. The CBJ Engineering Department has submitted additional conditions concerning this revised application (See Attachment J1).

FINDINGS

CBJ '49.15.330 (e)(1), Review of Director=s Determinations, states that the Planning Commission shall review the director=s report to consider:

1. Whether the application is complete; and,

2. Whether the proposed use is appropriate according to the Table of Permissible Uses;

3. Whether the development as proposed will comply with the other requirements of this chapter.

The commission shall adopt the director=s determination on the three items above unless it finds, by a preponderance of the evidence, that the director=s determination was in error, and states its reasoning for each finding with particularity.

CBJ '49.15.330 (f), Commission Determinations, states that even if the commission adopts the director=s determination, it may nonetheless deny or condition the permit if it concludes, based upon its own independent review of the information submitted at the public hearing, that the development will more probably that not:

 

1. Materially endanger the public health or safety;

2. Substantially decrease the value of or be out of harmony with property in neighboring area; or,

3. Not be in general conformity with the comprehensive plan, thoroughfare plan, or other officially adopted plans.

Per CBJ '49.15.330 (e)(1) (A thru C), Review of Director=s Determinations, the director makes the following findings on the proposed development:

1. Is the application for the requested Conditional Use permit complete?

Yes. We find the application contains the information necessary to conduct a full review of the proposed operations. The application submittal by the applicant, including the appropriate fees, substantially conform to the requirements of CBJ code Chapters 49.15.

2. Is the proposed use appropriate according to the Table of Permissible Uses?

Yes. We find the proposed use is appropriate according to the Table of Permissible Uses. Sand and Gravel which includes quarry operations is listed in CBJ '49.25.300 section 14.500 as a conditional use for the RR, Rural Reserve zoning district.

CBJ 49.65.200 EXTRACTION PERMIT REQUIRED states: Aexcavation, removal or otherwise extraction of stone, gravel, clay and other natural deposits and formations, including the processing of the materials...@ page 561-16 (CBJ Land Use Ordinance).

3. Will the proposed development comply with the other requirements of this chapter?

Yes. The proposed development complies with the other requirements of this chapter. Notice was provided in the Juneau Empire under Your Municipality which ran on Friday, October 13, 2000. A public notice sign was posted on the site at least 14 days prior to the meeting and notice was mailed to owners or record of all property within 500 feet of the subject property.

4. Will the proposed development materially endanger the public health or safety?

No. We find, based on the preceding staff analysis, no evidence is found to indicate that the proposed development will materially endanger the public health or safety if the quarry is operated in conformance with the applicant=s proposal and applicable state and federal standards and conditions of approval. These include restrictions on blasting, required traffic control, controlled access to the site, limited explosive storage, and restoration.

5. Will the proposed development substantially decrease the value of or be out of harmony with property in the neighboring area?

No. We find, based on the preceding staff analysis, the proposed development will not decrease the value of or be out of harmony with the neighboring areas. Activities are limited to controlled blasting, crushing, rock removal and haul from site. We find that the proposed project is typical of roadway improvement construction and is temporary in nature. The operation will be screened from surrounding residences. Blasting will be monitored and controlled. Truck traffic will be limited to Glacier Highway which is classified as a major collector of the highway. Hours and days of operation will be limited.

6. Will the proposed development be in general conformity with the land use plan, thoroughfare plan, or other officially adopted plans?

Yes. We find that the proposed development will be in general conformity with the land use plan, thoroughfare plan and other officially adopted plans. The proposed development is consistent with plans by DOT/PF to improve the sight distance, and therefore safety, by realignment of this section of highway.

7. Will the proposed development comply with the Juneau Coastal Management Program?

Yes. The proposed development was reviewed for compliance with CBJ 49.70.900, the Juneau Coastal Management Program. The analysis reveals that development as proposed, appears consistent with the JCMP. The issue of eagle nest trees does affect this project. A variance (VAR2000-00037) was granted with the previous quarry permit to operate within 50 feet of one of the nest trees. The operation must adhere to the guidelines recommended by the U.S. Fish and Wildlife Service. This revised quarry operation will move the extraction activities further from the subject eagle nesting. Three eagle nest trees exist within the immediate area of the project site.

The quarry plan calls for the pit floor to retain a 2% slope so that the final pit drainage will be towards the roadway. During pit operation drainage will flow toward the natural stream channel to the northeast. Therefore during development drainage will be monitored and adequate treatment will occur such as check dams, silt fences, and retention ponds in order to assure water quality standards are met. Water will be diverted away from the areas of active excavation where feasible. A water quality plan will need to be submitted to the CBJ Engineering and CDD Department for approval.