Suggested amendments to the Santa Fe County Code were adopted December 13 after a 6-month review of the code. The great efforts of concerned citizens resulted in essential progress in strengthening the "small" gravel mining regulations. The Commissioners support was unanimous for setbacks and also for determining limits to the duration of mining activities, both for the public welfare.
The issue of the acreage size of a small mine remains set at (less than) 10 acres. Current Staff appears to be ready to encourage containing via GPSing an affected area nearer to 5 acres and committed to site inspections. However, because Staff members change, we want to see these commitments described in the code to direct a future Staff. Either that or a formal reduction of the size of a small mine to under 5 acres. Keep in simple.
NEWS Posted October 13, 2016
It's very important that citizens and organizations concerned about possible environmental impacts of mining educate the Commission members by advocating for the "small" mining amendments, especially by amending the current 10 acre cut-off to no more than a 5 acre limit for "small" mines. See and download Mining Engineer Jim Kuipers's Memo with an Example Layout showing that five acres for a 20,000 ton gravel mining operation is sufficient in size. Other rationales, below.
Since public input is limited (Planning Commission members contact information are not made available) this makes it all the more important to attend the public hearing this Thursday. Check the agenda on the Events Calendar which should be posted soon.
NEWS Posted September 24, 2016: At the BCC meeting (9/13/16) there were encouraging responses from all the commissioners on 2 of our 3 proposed amendments related to small mines for which we are grateful. Special thanks to Commissioner Stefanics for helping to accomplishing the two amendments. Thanks to ALL the Commissioners for their support. Special thanks to those of you who attended!
Details Plus Mining Engineer Memo & Example Layout Showing Five Acres is Sufficient.
--All 5 commissioners are positive about our proposed 1,000 foot setback from residential structures.
--They are also positive that the duration period for "small mines" be limited to 2 years. County staff was also proposing that an operator could request an extension that might require a public hearing. That's good. But we had proposed that a definite limit of 6 months at most be applied to an extension, if granted.
--CONCERNING THE ACREAGE OF A SMALL MINE--although several commissioners were advocating for the "less than 5 acres" rather than 10 acres, there was no clear consensus. Staff was not convinced that there would be enough room for the staging of the mining. But Staff had not absorbed a mining engineer's rule of thumb suggesting 50% of the area is actually mined "at any given time." The staging area can shift in location over previously extracted areas. This also assumes that the resource is in sufficient abundance (depth) and the mining extraction is thought out, well planned. Five acres is easily enough space for the staging, the extraction and processing (crushing, sifting & trucking) of 20,000 tons of gravel over a 2 year period. See and download Mining Engineer Jim Kuipers's Memo with an Example Layout showing that five acres for a 20,000 ton gravel mining operation is sufficient in size.
The Santa Fe New Mexican has long agreed. From Aug 10, 2015 Editorial: "Commissioner Liz Stefanics has expressed concerns about whether 10 acres is the right size to trigger a project's classification as a development with countywide impact. We agree that 5 acres is a better trigger point."
Setbacks precedence: There are plenty of examples of 1,000 foot setbacks from residential: Robert Freilich, the consultant who directed the writing of the county's oil/gas ordinance, in his book, 21st Century Land Development Code, recommends a "separation distance" of 1,000 feet with or without buffer; also 1,000 feet from sand & gravel mines is also used in Rio Arriba County's Ordinance 2000-02; Jim Kuipers, P.E. mining engineer retained by citizens to aid Staff and county consultants, notes that Olathe City, Kansas too supports the 1,000 foot setback and Mr. Kuipers states that "everything [he] knows suggests that should be a minimum for a variety of reasons". County Staff has been provided with the source documents of these precedence.
foot setback knowing that it would be limited to a two-year time period.
Concerning duration, consultant, Jim Kuipers' observations concerning precedents on the duration of small operations are in part as follows: "The most common federal and state regs for small miners limit production to 10,000 tons per year." In consideration for the county's rural residents, limiting the duration of the production period of a small mine to two years, is time enough for a 20,000 ton extraction operation. See Kuipers, July 14, 2016.
and extracts less than 20,000 tons of construction material...." [or ~524 truck & pup trailer loads] is "small"?
A clearly marked mine zone of the affected area must be confined to under five acres (as county consultants indicated would be the case if they also require 200 foot setbacks from the affected area within the mine zone to the zone's boundary, but this is not yet outlined in the regs). Under 5 acres is a better fit and more compatible with the specified 20,000 ton limit. Other counties including Rio Arriba consider a 2 acre mine limit a small mine. Again, see the math. Environmental and reclamation concerns could be better focused and managed in a designated less than 5 acre zone. Designing an operation will consequently be more practical for the mining companies to envision and follow and for the county to enforce.
What else is needed? More empathy for the welfare of the residents of rural Santa Fe County. ~ ACTIONS: 1) Attend hearings, 2) Send a note to your Commissioner (see sample below), 3) Send letter to Editor: (150 words) to letters@sfnewmexican.com . Letter writer's name, address and phone number required.
--Write a note to your Commissioner to let her/him know that you believe an under 5 acres mine zone is a better fit than 10 and more compatible with the specified 20,000 extraction ton limit. Find your District and Commissioner here. Then select the one:
District 1: Commissioner Henry Roybal <hproybal@santafecountynm.gov>
District 2: Commissioner Miguel M. Chavez <mchavez@santafecountynm.gov>
District 3: Commissioner Robert A. Anaya <ranaya@santafecountynm.gov>
District 4: Commissioner Kathy Holian <kholian@santafecountynm.gov>
District 5: Commissioner Liz Stefanics <lstefanics@santafecountynm.gov>SAMPLE NOTE (best in your own words):
Email Subject: SLDC Six Month Review Input / 10.19. Small Scale Sand & gravel Extraction Mines
Dear Commissioner ___last name here__ ,
As a resident from your District I wish to thank you for standing with the rural residents of Santa Fe County by supporting mining setbacks from residential structures and for placing a limited duration for small mines in the county code (SLDC) amendments.
But I remain very concerned about the 10 acre size of these mines classified as "small" and want you to please sponsor & support the needed amendment to keep small mines to under 5 acres.
Please listen to the mining engineer's testimony on this. An affected area and mine zone of under five rather than 10 acres is a fit more compatible with the specified 20,000 ton extraction limit. An affected area (including staging) with operational planning and layout confined to under 5 acres will lessen environmental impacts and reclamation needs. It will also be easier for the county to regulate. Remember that other counties--Rio Arriba is one--in the attempt to likewise safeguard residents, stipulate that a small mine is one that does not exceed 2 acres. Five is Plenty.
Sincerely,
[Your Name and Address]
__________________
~
To: Chapter 11: Developments of Countywide Impact (DCIs)
10.19. SMALL SCALE SAND AND GRAVEL EXTRACTION. [10.19. is complete below with a few links to PDFs of code references].
10.19.1. Applicability. This section applies to any mineral extraction activity for construction materials, including but not limited to, stone, sand, gravel, aggregate, or similar naturally occurring construction materials that affects less than 10 acres of land and extracts less than 20,000 tons of construction material and does not use blasting. Such activity shall be allowed where permitted by the Use Table [mining], Exhibit B, subject to approval of a conditional use permit (§ 14.9.6.) and the additional requirements of this section. If the extraction activity requires blasting, then this section shall not apply and the operation will be treated as a Development of Countywide Impact under Chapter 11.
[Note that Chapter 11 was adopted as Article XVII Developments of Countywide Impact (DCIs). Compare "10.19. Small Scale Sand & Gravel Extraction" with NM State "Minimal Impact Operations" here.]
10.19.2. Related Uses. Related office and material processing activity may be permitted at the sand and gravel extraction sites where approved as part of the conditional use permit and constructed and operated in compliance with the SLDC and so long as the use is consistent. [Sustainable Land Development Code, download complete code: Here MB]
10.19.3. Application. In addition to the submittal requirements for a conditional use permit (§14.9.6.), including any studies, reports and assessments required by Table 6-1 [SRAs defined & NMDOT Access Manual] an application for approval of a small scale sand and gravel extraction activity shall include the following:
10.19.3.1.
Operations Plan. An operations plan for the small scale sand
and gravel activity consisting of the following:
1.
Maps, plans, graphics, descriptions, timetables, and reports
which correlate and specify:
a.
a detailed description of the method(s) or technique(s) to
be employed in each stage of the activity where any surface disturbance
will occur;
b.
the size and location of area(s) to be disturbed, which includes
excavations, overburden spoils, topsoil stockpiles, driveways
and roads;
c.
pursuant to the standards of §7.17 (Terrain
Management), a description of all earthmoving activities,
including backfilling of cuts and leveling or compaction of overburden;
d.
if applicable, the location and size of all water diversions
and impoundments or discharge of water used in extraction activity;
e.
areas to be used for storage of equipment and vehicles;
[page] 10 25
f.
location and size of any structures;
g.
areas designated to be reclaimed;
h.
hours of operation and, if applicable, a description of outdoor
lighting; and
i.
fire protection plans.
2.
A description of how construction materials will be processed
on and/or
removed from the site.
3.
A description of how each phase of exploration or extraction
correlates to the reclamation plan.
4.
A timetable for each phase of extraction operations and reclamation.
5.
A description of the steps to be taken to comply with applicable
air and water quality laws and regulations and any applicable
health and safety standards.
6.
A drainage control plan showing methods which will be utilized
to avoid erosion on and adjacent to the site.
7.
A description of all hazardous materials to be used and transported
in connection with the small scale sand and gravel extraction
activity and a description of steps that will be taken to insure
that the use of such materials will have no adverse impact on
the residents or environment of Santa Fe County.
8.
A description of the projected noise to be generated and
an explanation of how the operator will comply with the requirements
of §7.21.4 (Noise).
9.
A statement concerning compliance, as applicable, with regulations
of the Federal Aviation Administration (FAA).
10.19.3.2
Operational Standards and Requirements.
1.
State Permits. All small scale sand and gravel extraction
activities shall submit all required state permits, FEMA and/or
Army Corps of Engineers permits with the conditional use permit
application.
2.
Hours of Operation. Hours of operation are limited to the
period between sunrise or 7:00 a.m. whichever is latest, and
sunset or 6:00 p.m., whichever is earliest, Monday through Saturday.
3.
Water Supply. Extraction and filling of a reservoir shall
not infringe on a downstream appropriator's rights.
4.
Project Traffic Impacts:
[page] 10 - 26
a.
All roads carrying small scale sand and gravel extraction
related traffic shall conform to the requirements of Section
7.11 (Road Design Standards) of the SLDC.
b.
Transportation Facility Improvements. An analysis of all
roads accessing the site shall be submitted to the County with
detailed information concerning the ability of the roads to adequately
support the projected traffic, including projected weight of
vehicles for 20 years or the life of the small scale sand and
gravel extraction activity. Cost of all improvements required,
on and off-site, shall be borne entirely by the applicant.
c.
Trip Generation. The Planning Commission may establish a
maximum number of truck trips allowed to enter and exit a processing
location.
d.
Traffic Counts. Traffic counts at the entrance of the operation
may be required.
e.
Designation of construction and haul routes. The application
shall designate proposed truck haul and traffic routes that shall
be subject to limitation by the Planning Commission, which proposal
shall:
i.
identify the primary haul route including existing road conditions;
ii.
identify residential areas, commercial areas, environmentally
and visually sensitive areas, schools and other civic buildings
along the haul route,
iii.
identify alternative routes;
iv.
identify the timing of truck haul traffic; and
v.
include a fugitive dust plan for designated routes to prevent
loss of
loads and fugitive dust during transportation.
5.
Project Description. The applicant shall provide a detailed
statement describing the proposed small scale sand and gravel
extraction activity including:
a.The
amount and type of materials to be excavated;
b.
Duration of the excavation activity and reclamation activity;
c.
The proposed method of excavation;
d.
The amount of fill to remain on site; and
e.
A statement from a New Mexico professional engineer indicating
the type of material(s) to be excavated and their suitability
for road and structural fill construction.
[Page] 10 - 27
6.
Access. Adequate and available access required per Section
7.4 (Access and Easements) of the SLDC.
7.
Visual Screening Measures. Visual screening, which shall
include all phases, is required per Section 7.6 (Landscaping
and Buffering) of the SLDC plus the following standards:
a.
General. The view from all public roads, rivers, parks, open
space and adjoining residential areas shall be screened.
b.
Buildings. All buildings' design, scale, and location shall
be minimized.
c.
Surrounding Vegetation. Any vegetation on site that can act
as screening of the extraction area shall be preserved, including
vegetation existing in the required setbacks.
8.
Lighting. All small scale sand and gravel extraction activity
must comply with Section 7.8 (Lighting) of the SLDC.
9.
Signs. All small scale sand and gravel extraction activity
must comply with Section 7.9 (Signs) of the SLDC, but
are limited to two signs of 4 square feet each.
10.
Parking and Loading. All small scale sand and gravel extraction
activity must comply with Section 7.10 (Parking and Loading)
of the SLDC.
11.
Hazardous Materials. Any fuel, explosives, or other hazardous
materials stored on the site shall be contained within an impoundment
structure.
12.
Wildlife. Protection is required for critical environmental
resources including wetlands, riparian areas, and important wildlife
habitats.
a.
Any modification of the terrain within a floodplain area
shall be environmentally sound and not result in net loss of
wildlife habitat.
b.
All small scale sand and gravel extraction activity shall
be limited to locations and times of year that ensure no significant
negative impacts to federally listed endangered species.
c.
No small scale sand and gravel extraction activity shall
interrupt a wildlife corridor.
13.
Protection of Historic and Archaeological Resources. Any
application for small scale sand and gravel extraction activity
shall submit an archaeological report conforming to the requirements
of Section 7.16.3 (Protection
of Historic and Archaeological Resources) of the SLDC.
14.
Terrain Management. Requirements of Section 7.17 (Terrain
Management) of the SLDC shall be met.
a.
Removal of Organic Materials. Fill areas shall be properly
prepared by removing organic materials, such as vegetation and
rubbish, and any
[page] 10 - 28
other material which is detrimental to the proper compaction
of the site or not otherwise conducive to the stability of the
site.
b.
Site Vegetation Removal and Revegetation. The removal of
existing vegetation shall not occur more than 30 days prior to
the commencement of grading; however, permanent revegetation
shall be commenced as soon as practical after the completion
of grading. Site specific native seed mixtures shall be used
to revegetate all disturbed areas with the exception of lawn
and landscaped areas if any. Mulching shall be used in order
to assure vegetation growth.
c.
Topsoil, Stripping, Stockpiling, and Redistribution. The
existing topsoil shall be stripped and stockpiled on site for
redistribution over the completed final grade.
d.
Cut and Fill Slopes. Cut and fill slopes shall be graded
to a slope no steeper than 2:1, or 50%, to allow for permanent
revegetation or landscaping unless a retaining wall is used or
a steeper slope is approved by the County. The County may require
the submission of a detailed engineering report and analysis
prepared by a professional engineer or landscape architect relative
to the safety of such cuts and fills, if necessary considering
soil type, soil stability, and any proposed structures.
15.
Sediment and Erosion Control. Practices for sediment and
erosion control shall be designed, constructed and maintained
to mitigate further entry of sediment to streams, lakes, ponds,
or any land outside the permit area. Where applicable, sediment
and erosion control measures to prevent degradation of the environment
shall be instituted and consist of utilization of proper reclamation
methods and sediment control practices including, but not limited
to:
a.
grading material to reduce the rate and volume of run-off;
b.
retaining sediment within the pit and disturbed area; and,
c.
establishing temporary vegetation or mulch on short term
erosion, sedimentation or windblown dust.
16.
Air Quality and Noise.
a.
The requirements of Section 7.21 (Air Quality and Noise)
of the SLDC shall be met; however, only a preliminary air quality
report is required for submittal with the application. Once approved,
a final air quality permit is required prior to commencement
of any activity on the site.
b.
Noise Study. A noise study showing the projected noise from
the specific equipment to be used is required to be submitted
with the application. Such noise study shall provide a baseline
of three consecutive weekdays representative of existing conditions.
[page] 10 - 29
c.
Fugitive Dust Control. Dust control is required for all active
small scale sand and gravel activity.
i.
The presence of fugitive dust at a small scale sand and gravel
extraction activity is attributable to earth moving, soil or
surface disturbance, construction or demolition; movement of
motorized vehicles on any paved or unpaved roadway or surface,
right-of-way, lot or parking area; and the tracking out or transport
of bulk material (i.e., sand, gravel, soil, aggregate, or any
other inorganic or organic material capable of creating fugitive
dust related to extraction activities) onto any paved or unpaved
roadway in Santa Fe County.
ii.
Fugitive dust consists of airborne particulate matter from
a source, resulting in particulate matter emissions that can
be detected by the human eye.
iii.
Dust control measures include but are not limited to the
use of wet suppression through manual or mechanical application;
the use of fabric fencing material or equivalent that shall be
a minimum of 24 inches in height and anchored 6 inches below
the surface on the bottom edge installed around the perimeter
of the disturbed surface area; the use of dump truck tarps; and
the use of chemical dust suppressant applied in amounts, frequency,
and rates recommended by the manufacturer.
iv.
In no circumstances shall a small scale sand and gravel extraction
operator continue extraction activity during a high wind event.
v.
All small scale sand and gravel extraction activity shall
incorporate an entry/exit apron, steel grates, or other equivalent
devices capable of removing bulk material from the tires of vehicle
traffic.
vi.
An applicant for a small scale sand and gravel extraction
activity conditional use permit shall submit a fugitive dust
control plan as part of the application. The fugitive dust plan
must detail the control measures the operator intends to use
to reduce the quantity of visible fugitive dust, transported
material, temporary cessation of activity during a high wind
event and track-out leaving the property or area under the control
of the operator.
17.
Setbacks.
a.
200 feet from all property lines. [200 foot setbacks are not enough for the public welfare.
According to Robert Freilich, they should be at least 1,000 FEET
from "residential" structures.]
b.
200 feet from all public road rights-of-way, public recreational
easements, and environmentally sensitive lands.
[page] 10 - 30
c.
Vegetation within the setbacks from the property boundary
shall be preserved and supplemented, as necessary, for mitigation
of negative impacts. Existing native vegetation on the entire
operation site shall be preserved to the maximum extent possible.
[Is "the property
boundary" the mining zone's? Is there a specified 200 foot
setback within the mining zone between the zone's edge
and the affected area? If so, from what boundary is the 200 foot
setback to public road rights-of-ways? All these--property lines,
property boundaries, mining zone boundary lines--need to be defined
or clarified.]
18.
Protection from Trespassing. The proposed use shall be fenced
in accordance with the standards in Section 7.7. (Fences and
walls) of the SLDC, for health and safety protection.
19.
Height. Any equipment used for small scale sand and gravel
extraction activity must meet the height standards for the zoning
district in which it is located. Height shall be measured from
existing grade prior to commencement of any grading activity
on the site, and shall also conform to the height measurement
requirements of Section 7.17.9.3.
20.
Activities In or Near Water Bodies.
a.
Uncontrolled/Natural Watercourses. When working near uncontrolled,
or naturally flowing, watercourses, the proposed activity shall
be conducted in a manner that improves fisheries and waterfowl
habitat. This requirement shall apply to any water body, which
shall include: naturally occurring rivers, streams, ponds, lakes,
seasonal streams and seasonal lakes.
b.
Minimum Buffer. A minimum 100 foot buffer of natural vegetation
between the water's edge and any small scale sand and gravel
extraction activity site is required.
c.
No Negative Impact. No extraction shall be permitted that
is deemed by the County to have a negative impact on the water
body or neighbors.
21.
Solid Waste. All small scale sand and gravel extraction activity
must comply with Section 7.20 (Solid Waste) of the SLDC.
22.
Water Supply and Liquid Waste. All small scale sand and gravel
extraction activity must comply with the requirements of Section
7.13 (Water Supply, Wastewater and Water Conservation)
of the SLDC.
23.
Phasing. All phases shall be clearly staked prior to commencement
of any activity on the property. The applicant must GPS all stakes
and make them digitally available to the County upon request
in GIS format based on the standard Santa Fe County GIS spatial
reference.
a.
Only one phase of the development shall be excavated at a
time.
10.19.3.3. Reclamation Plan,
Bonding and Financial Guarantee. A reclamation plan shall
be provided that is designed and certified by a New Mexico registered
professional engineer or landscape architect, and meets the reclamation
standards specified below in Section 10.19.3.4. The plan shall
restrict extraction activity to areas of workable size so that
no area is left
[page] 10 - 31
inactive and un-reclaimed for more than 60 days, unless approved
by the conditional use permit. The plan shall specify any phasing
of reclamation and estimate the cost of the entire reclamation
project. A financial guarantee shall be posted to implement the
reclamation plan at 125% of expected cost of the reclamation.
The reclamation plan does not replace a landscape plan that may
be required for any subsequent development of the gravel processing
and extraction site.
10.19.3.4. Reclamation Standards.
The reclamation plan shall comply with the following standards:
1.
General. Reclamation shall restore land areas to a condition
suitable for new land uses. Wildlife habitat shall be restored
in a manner comparable or better, to the habitat conditions that
existed prior to the small scale sand and gravel activity. In
general, all slopes shall be graded to 3:1 or flatter to promote
revegetation.
2.
Grading. Disturbed areas shall be re-graded to blend into
and conform to the general natural form and contours of the adjacent
areas. In general, all slopes (cut or fill) shall be graded to
3:1 or flatter. Such methods must be approved as part of the
reclamation plan.
3.
Revegetation of all disturbed areas is required. The reclamation
plan shall describe the vegetation prior to any grading of the
site and shall demonstrate how the site will be returned to its
original, or better vegetated condition.
4.
Small scale sand and gravel extraction activity shall be
allowed to progress so long as the disturbed areas within previous
phases have been reclaimed within 6 months after the commencement
of the new phase; provided that, the County will consider extensions
due to weather conditions and taking into account seasonal changes.
Reclamation shall commence within 30 days of the commencement
of a new phase of extraction.
5.
Prior to Approval of Reclamation Study. In no case shall
a location and time of excavation be approved that may have negative
impacts on any state or federally designated endangered or threatened
species, or critical habitat.
10.19.3.5. Annual Operating
Plan and Monitoring Report. An annual operating plan and
monitoring report, capable of audit, shall be prepared and submitted
to the Land Use Administrator by January 31st each year. The
report shall summarize the operations of the previous year including
number of truck trips and sizes of trucks, the area mined, quantities
mined in tonnage and cubic yards, the amount of area undergoing
reclamation, and the success of reclamation including any notices
of violation issued and their outcome.
10.19.3.6. Existing small scale
sand and gravel extraction uses. Any small scale sand and
gravel extraction activity existing prior to January 1, 1981
and having been in continuous operation, may continue operations
and may expand up to 25% beyond the area currently and formerly
mined on that parcel.Any small scale sand and gravel extraction
activity approved by the County prior to the adoption of this
SLDC may continue operations in accordance with their final County
approvals. Any new phase or further expansion proposed, not previously
approved, shall comply with this SLDC.
[End of 10.19.]
To:
Developments of Countywide Impact (DCIs)
Article XVII of the SLDC as
recorded. On August 11, 2015, the Board enacted Ordinance
2015-7 and established regulations for landfills, junkyards and
sand and gravel mining of 10 acres and over. Again, as in
the "small" sand and gravel regs, it's our opinion
that the operation setbacks in Article XVII (10.3.18-2) of only
"500 feet from all public road rights-of-way, public recreational
easements [parks?] and environmentally sensitive lands"
are NOT adequate. There are no time or tonnage limits on DCI
gravel mines, and even 1,000 foot setbacks which we are advocating,
might be cutting it close. These regs do have a 1/2 mile setback
to residential structures which is a good start.
dedicated to the preservation and protection of the natural resources and rural character
of the Galisteo Basin area of Santa Fe County, New Mexico.
Page Updated Jan. 13, 2017