DATE: August 10, 2001
TO: Planning Commission
FROM: Tim Maguire, Planner
Community Development Department
FILE NO.: USE2001-00022
PROPOSAL: A Conditional Use permit to operate a rock quarry at Stabler's Point.
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 10-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 CBJ Land
South - Single Family Residential, Allen Marine, Glacier Highway
East - Auk Nu Creek, Single Family Residential, Nursery
West - Greens Creek Dock, Vacant CBJ Land
The applicant requests a Conditional Use Permit to reopen a rock extraction quarry on a portion of Stabler Point. The quarry operation involves clearing and grubbing, drilling, blasting, excavation, sorting and crushing of rock materials for construction purposes. The CBJ is requesting a 10-year permit, beginning upon approval of this Conditional Use permit (estimated at August 14, 2001) and ending on August 14, 2011.
The existing soil and rock reserves of the quarry are approximately 1.8 million cubic yards of usable shot rock fill materials. The rate of extraction will be determined by the size and scheduling of upcoming CBJ and other projects.
The three known primary users of the quarry are: the CBJ, DOT/PF and Point Lena Investment, LLC (Point Lena). The land is owned by the CBJ, but per agreement (See Exhibit D), the DOT/PF also has rights to two million cubic yards of rock from this site. Also referenced in this agreement is the prior agreement by the CBJ to provide Point Lena with access to one million cubic yards of rock.
The applicant has indicated the possibility of the pit being used by other private contractors. The current policy of the CBJ is not to make quarry sites open for general use but this is considered to be a future possibility (See Attachment A).
The long term reclamation plan for the quarry is the realignment of the Veterans Memorial Highway (Glacier Highway). The quarry limits will coincide with the cut limits that would be necessary for a proposed construction project by the DOT/PF to correct the alignment of the Highway at Stabler Point (see Exhibits A and B).
A key element of this proposal is that all users of the quarry submit a project specific mining plan. Rather than try and determine an overall and detailed quarry plan for the total site at this time, each individual plan will be more realistic based on actual planned operation and project size, but be consistent with the guidelines set forth in this Conditional Use Permit.
NOTE: Reference will be made throughout the staff report to the "Conditional Use Permit Application for the Stabler Point Rock Quarry". This document also includes 12 separate submittals that are called out as Exhibits. This document is inserted into but not attached to the packet. Any information that has been received since this application will be attached to the staff report in the packet and referred to as Attachments.
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 number of public projects 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 right of way. 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. 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.
This new roadway alignment concept was solidified with the agreement between the State of Alaska and the CBJ mentioned above. The agreement calls for the CBJ to convey a right-of-way easement across CBJ lands, and the rights to two million cubic yards of rock (See Exhibit D). 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 as part of the compensation for the CBJ=s acquisition of Lena Point property. They have pursued this offer and will use Stablers point site, if approved.
Both agreements to use this site are contingent on receiving permit approval. The agreement with Point Lena is also subject to a royalty payment.
Subsequent quarry permits have been approved, the first on August 8, 2000, and USE2000-00045. This permit was for a continuation of a quarry operation back into the hillside at the location along Glacier Highway. In conjunction with this use permit, a variance was also granted (VAR2000-00037) to allow quarry development closer to the minimum 330-foot required setback for eagle nest trees on public lands.
The latest conditional use permit, granted on October 25, (USE2000-00066), established a new quarry site at the top of the hillside and a new access point at the east end of the site. The new quarry site also conformed to the planned roadway realignment.
Both of the most recent projects, the west/front site and the east/ back site have been monitored for noise, vibration, and eagle disturbance. These project were conducted under the guidelines of the previous permit approvals and no major impacts were noted or complaints registered.
A public meeting was held with property owners in the area on July 17, 2001 to discuss the current proposal for Stabler Point. A summary of comments is shown on Attachment B.
This site is being requested for a rock quarry operation for a number of reasons:
The following is a description of the mandatory application submittals and the required issues to be considered by the Planning Commission.
§49.65.200 EXTRACTION PERMIT REQUIRED. The use of the property for the excavation, removal or other extraction of stone, sand, gravel, clay or other natural deposits and formations, including the processing of the materials, may be authorized under the procedures set forth in Article III of Chapter §49.15 as modified by this article.
§49.65.210 CONTENTS OF APPLICATION. .... The application shall contain a plan for the excavation operation, storage, on-site processing if permitted in the district, and site restoration. The plan shall include:
(1)A graphic and legal description of the property;
The location of the proposed quarry site at Stabler's Point is shown on the attached vicinity map The quarry is located at approximately 13 mile on the Veterans Memorial Highway (Glacier Highway) The legal description of the property that includes the quarry site is US Survey 3810, Lot 1.
(2) A topographic map showing the existing topography, vegetation, drainage features, ground water level, structures, significant natural and artificial conditions of the land, on-site and off-site geophysical hazards which may affect or be affected by the proposed operation, proposed structures, roads, stockpiling and operation; and
The site consists primarily of a rock bluff. The face of the bluff has already been cut through for the existing highway alignment. Existing topography, vegetation, roadways, and drainage features at the quarry are shown in Exhibit A, Existing Contours. There is evidence of geophysical hazards in a small area of the west end of the quarry site. (See Exhibit 9, Geological Surface Survey).
A Wetlands determination of the site was conducted by the U.S. Army Corps of Engineers and resulted in the identification of one wetlands area, a small drainage channel to Auk Nu Creek. Auk Nu Creek, to the east, is a catalogued anadromous stream by the Alaska Department of Fish and Game.
(3) A topographic map and typical cross section showing the proposed finished contour on the land, vegetation, drainage features, limits of overburden clearing, structures, and significant natural and artificial conditions of the property which will exist upon completion of the site restoration plan.
Exhibit B and C of the Conditional Use Permit Application shows the typical cross sections, finished contours, limits of overburden clearing, and significant natural and artificial conditions of the property that are proposed for the close of the quarry operation. No structures are proposed.
The map includes the future highway realignment (as shown in Exhibit D of the Memorandum of Agreement between DOT and CBJ), cut limits as defined by a Typical Section (Exhibit B), overburden clearing limits, proposed highway right-of-way and other features of the site as depicted by the contours. The topographic map also depicts how a bluff will remain between the future roadway and the existing roadway.
(4) Topographic mapping for areas having a slope of less than five percent shall show spot elevations.....
The applicant has submitted adequate topographic mapping for the site. Natural features and elevations are depicted in the flatter sections, as well as five-foot contours in sloped areas.
(5) The plan shall include a map showing ingress and egress points for trucks and other equipment.
The proposal calls for two access points for the site. The plan depicts the existing and proposed access driveways to Glacier Highway at the east end of the site which will serve the east/back quarry operation. This new driveway will replace the existing driveway for improved site distance. The other driveway site is the existing quarry cut on the south face, which will be used to access the west/front pit operation.
(6) The plan shall include a map showing all buildings and structures to be located on the site.
The applicant does not propose buildings or structures on the site.
(7) A narrative statement describing the operation, on-site processing, stockpiling, and site restoration shall be included showing:
The operation of the quarry is expected to involve clearing & grubbing, drilling, blasting, excavation, sorting temporary stockpiling and crushing screening and hauling of rock.
The applicant has submitted a detailed narrative of the proposed quarry operation, (See page 4 and 5 of the Conditional Use Permit Application).
Key elements of the quarry plan are:
(A) A site drainage plan;
The drainage plan for the operation is described in (See page 5, item [A]) the Conditional Use Permit Application, and is shown schematically in Attachment C.
The current and proposed drainage plan has the drainage from the west/front quarry site draining towards the south roadway entrance, and enter the Glacier Highway roadway drainage. The plan calls for the drainage from the east/back quarry site to drain toward the south roadway entrance.
The drainage along the east/back quarry driveway, however, will enter into the Auk Nu Creek drainage to the east. The drainage plan show check dams in the ditching and a potential site for a settling pond to treat run off.
(B) A method of securing the area including, but not limited to, installation of gates at access points, posting and fencing;
Site security is proposed to be accomplished by placing a gate at the eastern entrance and a gate at the south entrance once the extraction has proceeded far enough into the bluff to allow trucks enter and exit the site through a restricted driveway opening (See Page 5, item (B) of the Conditional Use Permit Application).
(C) Methods to be used to minimize noise pollution and visual blight;
The applicant addresses noise in Exhibit J: Noise Management Plan, Exhibit K, Blasting Controls and Exhibit L, and Sound Control of the Conditional Use Permit.
The basic elements of the noise management plan are as follows:
Visual screening is addressed in Page 6 the Conditional Use Permit Application and Exhibit J: Noise Management Plan. Many of the provisions in the Noise Management Plan that deal with the physical screening of noise will serve the dual purpose of a visual screen. The quarry development plan includes the retention of major buffers between the quarry site and the Glacier Highway along the south face and east face.
Other features include temporary fencing with solid slats to be installed at the west/front quarry access once there is enough maneuvering room within the quarry to exit the enter the site through a restricted driveway. This proposal calls for seeding and plantings for the approach to the new access driveway.
(D) The proposed hours and days of operation during the year;
The proposed hours of operation for the quarry is Monday through Friday all year. Hours of operation will be from 8 AM to 4:30 PM.
(E) The estimated amount and general type of material present and to be removed from the site;
Quantity calculations indicate that the quarry contains approximately 1.8 million- cubic yards of rock material in the area. A surface site survey was performed by Toner-Nordling & Associates to document surface evidence of the rock (SEE Exhibit I, "Geological Surface Survey"). The material planned for extraction is shot rock of varied size. The material can only be extracted via blasting.
(F) The results of test holes which show the water table level if any, and the general type and location of materials to be removed;
As noted in the application no test holes have been drilled to determine the water table level for this site. However, the access point to the west/front quarry is approximately at the finish elevation planned for the quarry and no water table has been found. The applicant has indicated, that based on this and the nature of the exposed geology, it is appropriate to assume that the water table is well below the limits of excavation planned for the quarry.
(G) The date by which it is anticipated the extraction and processing operation will be completed;
The date at which the removal of all rock necessary to complete the highway realignment is not possible to determine at this date since the rate of extraction is entirely dependant upon the frequency and number of projects able to utilize this site. At this date, the CBJ is requesting a 10-year permit for extraction operations to provide a known source of economical material for the community. It is likely rock will remain at the termination of this permit, an extension may be sought at that time.
(H) A schedule for completion of necessary site restoration work;
Successful restoration of the quarry will be accomplished by CBJ oversight of each Individual Mining Plan. As noted above, the rate of extraction, and therefore restoration, will depend on when and how many of these CBJ and other public projects are completed. The DOT/PF will be responsible for final grading and drainage details upon the design and construction of the highway re-alignment.
(I) Operating procedures for control of airborne particulates and other pollutant emissions from the site and equipment used at the site that may affect areas beyond the site boundaries;
General language is provided requiring the contractors to control airborne particulates that could affect adjacent areas outside of the project site boundaries. (See Page 1 Exhibit G Temporary Environmental Controls.)
(J) The identification of any geophysical hazards which may affect, or be affected, by the proposed operation. A statement of the possible impact of the hazard on the operation and of the operation on the hazard including methods of reducing the impact shall be included;
There is evidence of geophysical hazards in a small area of the west end of the quarry site. (See Exhibit 9 Geological Surface Survey and Photos 8, 9, and 10 and Page 7 Section IV of the Conditional Use Permit Application). The applicant proposes that all users extracting rock in this area be made aware of the potential for falling rock and will be required to take precautions as warranted.
(K) The date of establishment of the operation and history of adjacent land development; and
The dates for establishment of this operation and subsequent approvals are outlined in the Background section above. A brief description of the development of surrounding properties is given on Page 6, item (K) in the Conditional Use Permit Application.
(L) Such additional relevant information as the commission or department may request.
We have requested additional information concerning potential blow down from clearing, drainage, driveway construction, and traffic control, which is included in the following sections.
§49.65.230 COMMISSION ACTION ON APPLICATION. Within thirty 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;
The proposed hours of operation for the quarry is Monday through Friday all year. Hours of operation will be from 8 AM to 4:30 PM.
The purpose of these limited hours of operation is to increase compatibility with the surrounding development and to avoid conflicts with traffic. The dates of operation will also be limited by restrictions placed on development within 330 feet of an eagle nest tree.
We recommend that the Commission approve the requested hours, days and dates of operation.
(2) Screening, whether natural or artificial, to reduce or eliminate adverse visual, audible or other impacts of the operation;
The quarry development plan includes the retention of major buffers between the quarry site and the Glacier Highway along the south face and east face. How these buffers will be retained is shown in the attached drawings for the mining plan for Stabler’s Point (See Attachment A)
Staff will recommend that a natural buffer area be retained at the western end of the quarry site to retain a visual and noise barrier until such time as the realignment project for Glacier Highway is constructed. In addition, as much of a natural buffer that is feasible should be retained during quarrying operations throughout the site.
Other features include proposed temporary fencing with solid slats will be installed at the south quarry access, and seeding and planting for the proposed driveway relocation at the eastern quarry site. All of these screening proposals above will also help to mitigate noises emitted from the site. In addition, one of the alternatives for controlling noise listed in the Exhibit J, Noise Management Plan will be to require an operator to put up temporary noise barriers if necessary.
(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 or area from being an unprotected attractive nuisance;
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 vertical faces of the quarry will continue to be stepped back since each operator will be required to conform to site restoration with this benched configuration.
Blasting at the site 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. Prior to blasting each operator will have the blast plan reviewed by an independent blast consultant and submit it for approval by the CBJ Engineering to insure a safe and controlled blast. Each blasting plan shall comply with CBJ specification 02090-Blasting Controls (See Exhibit K). These blasting controls also include vibration and air blast limits, fly rock containment controls, and monitoring requirements for vibration and air blast.
In addition, a public notice signs will be placed along Glacier Highway noticing blasting operations 24 hours prior to the activity. The roadway will be closed during each blast. The Police and Fire will be notified prior to each blast. Blast sizes will be limited to 6,000 cubic yards. Staff is recommending that there be no storage of explosives on-site except what is immediately necessary for the next blast.
Site security is proposed to be accomplished by placing a gate at the eastern entrance and a gate at the south entrance once the extraction has proceeded far enough into the bluff to allow trucks enter and exit the site through a restricted driveway opening. Staff will also recommend that the site be posted with warning signs at these entrance points.
(4) Final and working slope ratios of the face of any extraction area to the extent necessary to protect abutting public and private property, and to protect the future beneficial uses of the property as described in the applicants plan for development and restoration;
The site will be restored according to the mining and usage plan as submitted (See Attachment A & B). These plans adhere to the long-term goal of using the extraction area as the corridor for a new highway alignment for Glacier Highway. The final site restoration calls for the site to be sloped at a 2% grade toward the south. This area will be used for a typical roadway section. The remaining quarry face will be stepped back, with a maximum 30-foot rise at ¼ :1 slope and minimum 15-foot wide benches between each rise. This benching is provided to break up the vertical drop of the pit wall, provide safe access for quarry activities, and to control rock fall. Each operator through the individual mining plans will be required to leave a clean stabilized slope face that conforms to this overall plan.
(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;
What measures will be used to protect public and private property during blasting operations is described above in section (3).
The utilization of the Stabler’s Point Quarry will generate truck traffic along Glacier Highway. Material will be hauled from the quarry in 10-yard and 20-yard trucks to various construction locations in the community.
The Alaska Department of Transportation and Public Facilities (ADOT/PF) staff responsible for traffic safety and road maintenance has been consulted. Generally, no major objections to the project were given, however there were concerns expressed with regard to driveway access, road closure and notification, road cleansing, and possible damage.
As noted above, this project proposes to use two driveway accesses to Glacier Highway that accommodate two primary quarry operations. One driveway will be from the existing south entrance, which will serve the west/front quarry operation. Quarrying will continue to the north then turn west to follow the proposed new road alignment. Until such time there is limited maneuvering room from the site and a undefined driveway. The plan will be to restrict access from this site by defining a single standard width driveway at the time maneuvering room is available. This access location also has substandard sight distance for the proposed usage and flag staff will be required.
The plan also depicts the existing and proposed access driveways to Glacier Highway at the east end of the site which will serve the east/back quarry operation. The current driveway location has also been used for prior operations without incident, but because of substandard sight distance requires a flagger on site. A new driveway is being proposed to reduce the grade and increases sight distance so that no flagger is required. In reviewing the plans for the new roadway it will be impossible to construct the driveway until such time that the level of the east/back pit has been lowered to elevation 150’. Until such time the existing access will be used with flagging.
Discussion with DOT/PF has resulted in an overall traffic control plan that addresses these issues (See Attachment F). This plan includes requirements for:
With regard to roadway cleaning, all operators will be required to immediately clean the roadway if deemed necessary by the quarry manager/engineer. In addition, a cash bond will be required from all operators for the purpose of hiring, or paying the DOT/PF, to clean the roadway. Any necessary road repairs related to the operation will be at the operator's expense and covered by the project bonding.
In addition, individual operators will be required to obtain traffic control plans from the ADOT/PF.
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.
(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 applicants plan for development and restoration;
The drainage plan for the operation is described in (See Page 5 item [A]) the Conditional Use Permit Application, and is shown schematically in Attachment C.
The overall plan is to have the drainage from the west/front quarry site drain towards the south roadway entrance, and enter the Glacier Highway roadway drainage. The plan calls for the drainage from the east/back quarry site to drain toward the south roadway entrance, as well. This is to avoid having a major portion of the run off from the east/back quarry site entering into the Auk Nu Creek drainage.
The drainage along the east/back quarry driveway will enter into the Auke Nu Creek drainage. In addition the drainage plan show check dams in the driveway ditching and a potential site for a settling pond. In discussion with Fish and Game, they would prefer that this drainage be directed to the south side of the roadway to provide some natural filtering before entering Auke Nu Creek.
Each operator will need to submit individual water quality plans that addresses drainage as a part of the individual mining plans
(7) Measures to protect the water level and water quality;
The mining area is situated on an elevated rock knob and assumed to be above the predominate ground water table on all sides. With the proposed erosion control measures, and individual water quality plans, the existing water level and water quality conditions will be maintained.
(8) Measures to minimize or eliminate airborne particulates, visual blight, noise and other adverse environmental effects;
General language is provided in the permit application requiring operators to control airborne particulates in application the permit submittals. (See Page 1 Exhibit G Temporary Environmental Controls.)
Measures to address the visibility of the operation was addressed above under section (2).
With regard to noise abatement, a comprehensive noise management plan has been prepared for this conditional use permit application. This plan was prepared in light of fact that the site is in close proximity to residential development and that noise has been an issue with some previous quarry operations at this.
On the other hand more recent quarry operations have had more scrutiny and tighter controls and have not resulted in complaints. Vibration and noise has been monitored during these quarry operations. Vibration and noise levels have not exceeded acceptable standards and provide baseline data for the recommendations in the noise management plan.
These previous quarry operations are considered to be the worst case scenarios in terms of future noise potential. The west/front quarry site is close to Glacier Highway and will move further into the hillside as the extraction continues. The east/back site begun on the top the hillside and will be lowered as extraction continues. However, during the life of the pit there will continue to be some extraction locations that will be exposed.
One of the features of this quarry operation that will have a major effect on noise is the proposed hours and days of operation. As noted above, one major reason hours are being restricted is to increase compatibility with nearby residential development.
The specific plan and related documents are found in Exhibit J: Noise Management Plan, Exhibit K, Blasting Controls, Exhibit L, and Sound Control s. The basic elements of the noise management plan are as follows:
Staff concurs with these measures but suggest a modification to the proposed sound level limitation at the lot- lines. These proposed noise limits on the quarry operations are shown on Tables 1 and 2 (Pages 11 and 12, Exhibit L) of the Noise Controls. Table 1 proposes the limits for the equivalent sound level (Leq) and maximum sound level (Lmax) for the quarry operation in general. Table 2 proposes sound level limits for these same two factors at the three (3) specific receptor sites.
In Table 1, the recommended sound level limit for Leq for the general area is 65Leq or 5Leq above background noise which ever is greater. An exception is noted for the residences on Fritz Cove. We recommend that the sound level limitation for the Leq in Table 1 read 65Leq or 5Leq above background noise, which ever is lower. This would be consistent with the Fritz Cove situation where current noise levels are low, and would put an upper limit on the level in noise that is allowed to increase.
The proposal also includes the option to locate a rock crusher on site. It is stated that crusher operations would be limited to primary crushing and not be allowed to operate until a crusher location is developed which provides a natural visual and sound screen. In other words, a crusher operation could not be located at the south quarry entrance because currently the site is in such close proximity to the highway directly visible from the Glacier highway.
Although no readings are shown for past crusher operations, there were no complaints registered. The crusher was located at the existing uphill or east/back pit site, which was well screened.
This proposal will result in the removal of wetland areas. This matter will be discussed under the section dealing with the Juneau Coastal Management Plan (JCMP). Measures will be required for treatment of run off from the site.
(9) Restoration measures and schedule;
The site will be restored according to the mining and usage plan as submitted (See Attachment A). These plans adhere to the long-term goal of using the extraction area as the corridor for a new highway alignment for Glacier Highway. The quarry limits will be within the cut limits of a proposed construction project needed by the DOT/PF to correct the alignment for Glacier Highway.
The final site restoration calls for the site to be sloped at a 2% grade toward the south. The remaining quarry face will be stepped back, with a maximum 30-foot rise at ¼ :1 slope and minimum 15-foot wide benches between each rise. This benching is provided to break up the vertical drop of the pit wall, provide safe access for quarry activities, and to control rock fall.
Each operator through the individual mining plans will be required to leave a clean stabilized slope face that conforms to this overall plan. There are several general notes on the usage plan that address restoration and the finished condition of the quarry (See Attachment A).
Restoration Bond - The operators will be required to provide performance bonding for all work including restoration of the quarry and repair of Glacier Highway, and above.
(10) Other measures designed to protect the public health, safety and welfare including preservation of neighboring properties; and
A key element of this proposal is that the applicant (CBJ - Engineering) will require that the individual contractors for each public project submit a project specific mining plan. Rather than try and determine an overall and detailed quarry plan at this time, each individual plan will be more realistic based on actual planned operation and project size, but be consistent with the guidelines set forth in this Conditional Use Permit. The individual plan will address drainage, erosion control, overburden disposal, traffic plans, blasting , stockpiling, restoration, noise control, and other pertinent factors. The individual mining plans will be required to be designed by a professional Engineer Registered in the State of Alaska.
(11) Present development and past history of the neighboring property.
This item is discussed under item (K)
§49.65.235 MANDATORY CONDITIONS OF PERMIT. Unless specifically waived by the commission, the requirements of this article shall be a condition of all permits issued. The commission may not waive or modify any of the following requirements except upon a finding that the requirement would serve no useful purpose. Such finding must be supported by substantial evidence in the record of the hearing before the commission.
(1) A strip of land at the existing topographic level, and not less than fifteen feet in width, shall be retained at the periphery of the site wherever the site abuts a public way. This periphery strip shall not be altered except as authorized for access points. This section does not alter the applicant’s duty to maintain sub-adjacent support.
As noted in the description of the site a natural buffer abutting this site will be retained except for driveway entrances.
(2) If the bank of any extraction area within the permit area is above the high water line or water table, it shall be left upon termination of associated extraction operations with a slope no greater than the angle of repose for unconsolidated material of the kind composing it, or such other angle as the commission may prescribe. If extraction operations cause ponding or retained water in the excavated area, the slope of the submerged working face shall not exceed a slope of 3:1 from the edge of the usual water line to a water depth of seven feet. This slope ratio may not be exceeded during extraction operations, unless casual or easy access to the site is prevented by a fence, natural barriers, or both.
This condition is not applicable.
Exterior Lighting - Exterior lighting is not proposed at this time. Lighting may not produce glare on the roadway.
Public Health or Safety - There are several public health and safety concerns that are typical of a quarry operation, including blasting, explosive storage, site access conditions, and truck traffic. The applicant proposes to implement blasting controls as provided herein. Explosives will be limited to only that amount needed for the current blast. Site access will be controlled with traffic barriers and signage. Concerns with truck traffic hazards will be minimized by CBJ and ADOT/PF review, and conditioning of this permit, individual traffic control plans, limits on times of operation. The quarry manager can specify other on-site restrictions that are deemed necessary with the individual mining plans.
As noted above, there is evidence of geophysical hazards in an area of the west end of the quarry site (See Exhibit 9, Geological Surface Survey and Photos 8, 9, and 10). The westerly end of the proposed quarry has evidence of falling rock from the above hillside. It is unknown to what extent more falling rock could occur. The applicant proposes that all users extracting rock in this area be made aware of the potential for falling rock and will be required to take precautions as warranted.
We recommend that the areas identified with rock fall not be included for extraction until such time that a qualified expert in this type of geophysical hazard evaluates the site and proposes guideline for its development. Also, that these guideline be made part of the approved mining plans for these areas, that notification be given to all operators through inclusion any agreement for use of the site.
Property Value or Neighborhood Harmony -Due to the recent performance of quarry operations at this site, and lack of complaints, proposed increased limits on the times and days of operation, increased noise and blasting controls, the project is not anticipated to negatively impact adjacent property values or significantly alter the harmony of the neighborhood. Truck traffic will be limited to Glacier Highway, which is classified as a principal arterial.
Conformity With Adopted Plans - The project was reviewed for conformity with the CBJ Comprehensive Plan, the Parks and Recreation Comprehensive Plan, and the CBJ Land Management Plan.
The Comprehensive Plan recommends a 200-foot development setback for specified anadromous streams and lakes. In addition the Parks and Recreation Comprehensive Plan has designated a 200 foot natural park area along Auke Nu Creek corresponding to the Plan. The quarry development plan call for the future relocation of the access driveway for the east/back quarry site to improve sight distance and grade for safety purposes. This proposed roadway will encroach into the 200 foot setback. The closest the driveway will be to the stream is approximately 120 feet at the Glacier Highway ROW. The roadway then veers away from the stream from that point. No extraction areas are proposed in the setback area. Jurisdiction of the parklands is the Parkland Recreation Department. Because the roadway relocation is for safety purposes and is considered to be a minor encroachment, the Parks and Recreation Director has approved the location of the driveway as proposed, with a condition that silt fencing be placed along bottom of the fill slope (See Exhibit E).
The Land Management Plan does not identify the CBJ lands directly surrounding this quarry site for disposal.
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 was granted with previous quarry permits to operate within 50 feet of one of the eagle nest trees. With the current variance request, the operation must adhere to the guidelines recommended by the U.S. Fish and Wildlife Service (See Attachment G).
Auke Nu Creek to the east is a catalogued anadromous stream by the Alaska Department of Fish and Game. The quarry plan calls for the pit floor drainage to flow toward the roadway at the south quarry entrance to avoid draining to the Creek. However, some driveway drainage flow will eventually enter the creek channel. 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 for approval. There is no encroachment into the required 50’ setback from ordinary high water. Both the Juneau Coastal Management Program coordinator and the ADF&G have been contacted. Neither agency requires a permit. ADF&G responded with concern with how runoff will be handled and suggested some mitigation measures, which have been incorporated into the quarry plan.
The Army Corps of Engineers has made a determination that a small drainage that enters into Auke Nu Creek is a wetland. The Coastal Management section of the Land Use Code states that:
After review of the site and agency comments it appears this criteria can be met. The applicant has applied for and received approval Army Corps of Engineers permit to allow this drainage way to be filled for the proposed driveway relocation. (See Attachment H). As part of this proposal, the existing drainage-way will be relocated. In addition, during development, drainage will be monitored and adequate treatment will occur, such as checking dams, silt fences and retention.
These activities should not cause the introduction of toxins to the area, and therefore none into adjoining wetlands or stream systems. The purpose of the driveway relocation is to improve sight distance and grade for safe access to the highway.
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 August 10, 2001 (See Attachment I).
As mentioned above, the community of Juneau needs a source for rock such as exists at Stabler Point. Rock that is durable and clean is not common. The cost of rock is directly related to the haul distance. Stabler Point is at a location that will be of significant economic benefit to the City of Juneau due to its relatively close proximity. The only other opened source for durable rock in Juneau meeting the CBJ specifications is the Upper and Lower Fish Creek quarries, which is a long haul distance from most projects
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 than not:
1. Materially endanger the public health or safety;
2. Substantially decrease the value of or be out of harmony with property in the 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 through 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. The use is listed in the Table of Permissible Uses, CBJ 49.25.300, Section 14.500. A conditional use permit is required for a sand and gravel (Quarry) operations in Rural Reserve zoning.
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 August 3, 2001. A public notice sign was posted on the site at least 14 days prior to the meeting and notice was mailed to owners of record of property within 500 feet of the subject property and in the areas of Auk Nu Cove and Fritz Cove
4. Will the proposed development materially endanger the public health or safety?
No. Based upon the analysis above and recommended conditions, this proposal development is separated from adjacent development by natural areas, and proposes mitigation to address endangerment from blasting, traffic control, limited explosive storage, and site restoration. The proposed development is therefore not anticipated to materially endanger the public health or safety.
5. Will the proposed development substantially decrease the value of or be out of harmony with property in the neighboring area?
No. Based upon the analysis above and recommended conditions, the proposed development will be separated from adjacent development by natural areas, addresses visual and noise impacts, truck traffic is limited to Glacier Highway which is classified as a principal arterial, and the hours and days of operation are limited. The proposed development is therefore not anticipated to decrease the value of or be out of harmony with property in the neighboring area.
6. Will the proposed development be in general conformity with the land use plan, thoroughfare plan, or other officially adopted plans?
Yes. The proposed development was reviewed for general conformity with the land use plan and other officially adopted plans. Based upon the analysis above, recommended conditions, the response from the Director of Parks and Recreation regarding encroachment into the 200 foot stream corridor, and consistency of the final use with the long range plan of the CBJ and DOT/PF to realign the Glacier Highway right of way, this proposal is in general conformity with these plans.
7. Will the proposed development comply with the Juneau Coastal Management Program?
The development request was reviewed for conformance with the Juneau Coastal Management Program. Based on the proceeding analysis Staff finds that this proposal is consistent with the Juneau Coastal Management plan. The proposal with conditions includes measures to mitigate wetland disturbance, maintain water quality, and adhere to guidelines for development near eagle trees, the development proposal will therefore comply with the Juneau Coastal Management Program.
The director recommends adopting these additional findings:
8. Has the Planning Commission considered the provisions stipulated for the development in CBJ §49.65.230?
Yes. The Commission considered each of the required items of Planning Commission review such as hours and times of operation, screening, and measures to protect the public from dangers of the operation. In some areas, conditions were deemed necessary to protect the public health, safety and welfare.
9. Upon review of the city project development request, does the Planning Commission recommend to the Assembly that the project be approved?
Yes. The Commission considered the general provisions of adopted CBJ plans and the specific development provisions of the CBJ Land Use Code for gravel extraction and recommends approval of the city project to the Assembly.
We recommend that the Planning Commission adopt the director=s analysis and findings and grant the requested Conditional Use Permit to allow a quarry operation at Stabler=s Point. The approval is subject to the following conditions:
1. That all vehicles hauling from this site shall contain material with tailgates, covers or other similarly effective methods.
2. That the applicant shall or shall cause signs to be posted to prohibit public access to the area, to meet the requirement of the approved traffic control plan, to provide public notice of future blasting, and to alert the public of the presence of blasting and heavy machinery activities.
3. That the hours, days and dates of operation shall be 8 AM-4: 30 PM, Monday through Friday, all year except State holidays..
4. That blasting operation shall be further limited to Monday through Friday of each week between the hours of 10:00 to 12: 00 P.M. and 1:00 to 3:00 P.M.
5. That the quarry permit shall expire 10-years after the date of approval.
6. That the applicant shall have the quarry operators submit individual mining plans and approve them based on conformance with this Conditional Use Permit prior to authorizing the mobilization of equipment or work in the quarry area. Each mining plan shall be prepared by a civil engineer and other required professionals.
7. That the applicant shall require each quarry operator, as part of the individual mining plan, submit a blast plan for approval by the CBJ Engineering Department. The blast plan shall be reviewed by an independent blast consultant to insure a safe and controlled blast. Each blasting plan shall comply to CBJ specification 02090-Blasting Controls (Attachment K)
8. That the applicant shall require each quarry operator, as part of the individual mining plan, obtain an traffic control plan from the ADOT/PF to address access to and from the site and to control traffic for the quarrying and blasting activities.
9. That the applicant shall give or cause proper notice to given to the Police, Fire Departments 24 hrs in advance of each blast.
10. That the applicant and all quarry operators shall not store explosives on site, except that which is immediately necessary for the next blast;
11. That the applicant shall monitor or cause drainage to be monitored during development and provide treatment of drainage such as check dams, silt fences, and retention ponds, and maintenance of improvements, in order to assure water quality standards are met. A 2% slope shall be maintained for the pit floor so that the final pit drainage will be directed toward the existing south quarry entrance Water will be diverted away from the areas of active excavation where feasible. Each individual mining plan will address water quality and include an assessment of the capacity of the existing drainage ways to determine what improvements may be necessary. This assessment shall be completed by a Civil Engineer.
12. That the applicant shall reclaim or shall cause the quarry site to be reclaimed as per the notes and cross sections presented in Attachments A and B. The proposed reclamation plans will insure that adequate finished faces and benches are in place and loose rock removed, during the period between projects even if the entire quantity of rock has not been removed.
13. That the applicant shall control or shall cause dust to be controlled caused by excavation, truck hauling, rock crushing, or other aspects of the operation;
14. That the applicant shall repair or cause any damage to the Glacier Highway as a result of the quarry operation to be repaired. If there is visible damage to the roadway due to hauling or mining operations the roadway shall be repaired with concurrence from DOT/PF
15. That the applicant shall require a bond be posted from all quarry operators adequate to cover the costs of road cleaning from spilled or tracked material from the quarry operation. The applicant shall remove shall cause all spilled materials immediately be removed from the public roadways and that mud and debris tracked onto the roads from the quarry site be cleaned a minimum of once a week.
16. That the applicant shall ensure trucks meet all legal load limits.
17. That the applicant shall insure lighting does not produce glare on the roadway.
18. That the applicant shall operate or shall cause the quarry to be operated according to the application proposal including exhibits, drawings, and attachments except that all the conditions contained herein shall take precedence.
19. That the applicant shall ensure 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;
20. That the applicant shall place or shall cause a gate to be placed at the eastern driveway entrance, and require the reconfiguration of the driveway and placement of a gate at the south entrance according to plans described in the traffic control plan at the time extraction has proceeded far enough into the bluff, to allow trucks to enter and exit the site through a single driveway opening. The quarry manager will make that determination in consultation with DOT/PF.
21. That the applicant shall retain or cause a natural buffer similar to that proposed for the eastern end of the quarry to be retained at the western end of the quarry site for the purpose of a visual and noise barrier. This buffer can be pierced to accommodate a driveway access. In addition, a natural buffer shall be retained for noise and visual screening during all quarrying operations through out the site when at all feasible .
22.That the applicant seed and plant the approach to the relocated eastern access driveway according to the plans shown in the Corps of Engineers permit. (Attachment H )
23. That the areas identified in Exhibit I impacted with rock fall be excluded from the extraction limits until such time that a qualified expert in this type of geophysical hazard evaluates the site and proposes guidelines for its development. Also, that these guidelines be made part of any approved mining plans for these sites, and written notification given to all operators.
24.That the recommended the sound level limitation for the Leq in Table 1 read 65Leq or 5Leq above background noise whichever is less.
25.That any crusher operation be limited to primary crushing and that no crusher be placed on site unless the crusher location is determined to have an adequate natural buffer to screen sound and sight by the quarry manager.
26.That the applicant ensures that roadway drainage from the proposed relocated eastern driveway drain to the south.
27.That the applicant shall have all operators of the quarry conduct their activities in accordance with all requirements of the noise management plan, blasting and noise controls, temporary environmental controls, and stipulations for the protection and of existing facilities.
28.That a bond be posted for site restoration according to attached memo from Terry Brenner dated August 10, 2001(Attachment I).
29.That the site clearing be consistent with the need to retain sound and visual barriers for the quarry operation and that prior to any clearing, clearing limits be flagged and be reviewed for approved by CDD.
30. That the individual blasts within the quarry be limited to a maximum of 6,000 cubic yards.