Staff recommends that the Planning Commission adopt the Director's analysis and findings and grant the requested Conditional Use Permit. The permit would allow continuation of an existing sand and gravel operation. The approval is subject to the following conditions:
Hours of Operation and Permit Expiration
Hours of operation shall be 6:00 am to 7:00 pm Monday through Saturday.
All blasting operations shall be conducted during daylight hours of operation.
No blasting operations shall be conducted on Saturdays or Sundays or on official Federal or State holidays.
Hours of operation for blasting activities shall be 8:00 am to 7:00 pm Monday through Friday.
The extraction permit shall expire ten years from the date of Planning Commission approval.
6. Seed mixes utilized for revegetation in restoration efforts shall be free from non-native, noxious weeds.
7. All aspects of the restoration plan submitted with USE2017 0019 shall remain a permit requirement and must be completed prior to issuance of any Temporary Certificate of Occupancy for structures on the subject lot.
8. The applicant shall submit and maintain a performance bond in an amount no less than $127,275 for restoration/reclamation of the site, as required by CBJ 49.65.240. If the applicant/owner fails to complete site restoration within a period of eighteen months after the earliest of: the completion of the permitted extraction project, the closure of the gravel pit, or the expiration of the permit, the CBJ may begin enforcement action including use of the proceeds of the bond to effect site restoration. The applicant/ owner may reduce the bond amount by providing evidence that site restoration has been completed during the operation of the pit within the period of the permit.
9. Explosives shall not be stored on site, except that which is immediately necessary for the next blast.
10. The development shall not generate sound levels which exceed 65 dBa at the property line during the day or 55 dBa at night, per CBJ§49.15.330(g)(11).
11. All blasting will be managed according to CBJ Standard Specifications for Civil Engineering Projects and Subdivision Improvements, December 2003, Section 12090, Blasting Controls and associated erratum. These controls assure a qualified Blast Control Specialist, according to detailed procedures and requirements, conducts blasting.
12. Blasting operations shall be conducted by an Alaska Department of Labor certified powder-man and all operations shall conform to MSHA, ATF, and OSHA standards, as applicable, and all other applicable standards.
13. All blasting operations shall be conducted during the daylight hours of operation.
14. Warning signs with the time and date of the blast shall be posted 24 hours prior to blasting on either side of the pit on Montana Creek Road.
15. 24 hour notice shall be provided to the Juneau Flight Service Station and the Police and Fire Departments.
16. Public Service Announcements shall be broadcast on local radio 24 hours prior to blasting.
17. Three air horn blasts shall be made 5 minutes prior to blasting.
18. No Blasting operations shall be permitted on Saturdays and Sunday or official Federal and State holidays.
19. The applicant shall provide the CBJ Community Development Department and the CBJ Engineering and Public Works Department with a copy of the Annual Report by March 1 each year, two weeks after the annual report deadline of February 15. The applicant must comply with the ADEC-approved SWPPP and all ADEC reporting requirements.
Required Conditions, per CBJ§49.65.235:
20. A strip of land at the existing topographic level, and not less than 15 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 subjacent support.
21. 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 the 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 the 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.