2022-01-21_PERMIT FILE - M2021064 (55)

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Snell & Wilmer January 21, 2022 Page 2 Commercial uses are generally limited to those associated with Agricultural and Recreational uses.” The permit sought by the Application does not contemplate any use associated with either agricultural or recreational purposes. The Application itself states that the project’s purpose is “to produce construction materials,” including both mining and processing of those materials. See Application, Attachment 6, p. 1. It goes on to say that the projected is intended to “operate over a period of up to 20 years” and produce approximately “72,000 tons per year of construction materials to be shipped” from the property. See Application, Attachment 6. Production will include “[a]ctual mining and haul of material from the site.” See id. The Application further indicates that a processing plant used for “crushing and screening” will be located on the property, in addition to other structures, such as above-ground fuel storage and equipment. See id. A major mining and processing operation intended to produce construction materials is not consistent with agricultural and recreational use of the land. Beyond the inconsistencies with an AR zoning designation, Section 9 of the Land Use Code details numerous conditions and limitations concerning the operations under a Major Sand & Gravel Permit. See Land Use Code § 9.1.6. These restrictions exist for good reason—as stated by the applicant itself, there “are obviously significant impacts which may occur” as a result of the proposed project. See Application, Enclosure 7-D. Some of those potential negative impacts and concerns include but are not limited to the following: • A substantial increase in industrial traffic through residential, recreational, and commercial areas; • A substantial increase in harmful and excessively loud industrial noises and vibrations; • Pollution to the air and nearby waters and lands; • Encroachment upon neighboring landowners’ views of the Pagosa Springs wilderness and surrounding areas and otherwise harmful effects to the scenic quality of the surrounding area; and • A substantial increase in unsavory and annoying smells dispersed throughout the surrounding area as a result of the mining, processing, and transportation activities. These potential impacts and concerns will undoubtedly harm neighboring landowners and the general public of Pagosa Springs. Primarily, health and safety concerns to individuals, cattle, livestock, and wildlife will likely arise due to pollution, excessive noise, and increased industrial traffic. In turn, those problems and concerns will reduce the ability for landowners to engage in agricultural and grazing activities. To be sure, this is not a mere hypothetical exercise—some of these issues have already arisen, as the applicant apparently has already begun mining activities on the property. Water runoff from those activities is running directly from the gravel pit area and into a neighboring landowner’s pond. Noise from the project is also noticeable from our clients’ residences. And