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Home My WebLink About20111760 HEARING CERTIFICATION DOCKET NO. 2011-34.A RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1779 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT GRAVEL MINING (DRY MINING) IN THE A (AGRICULTURAL) ZONE DISTRICT-TIM D. AND JEANNE IVERSON, CIO LAFARGE WEST, INC. A public hearing was conducted on August 10, 2011, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Sean P. Conway, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Chris Gathman Health Department representative, Lauren Light Public Works representative, Heidi Hansen The following business was transacted: I hereby certify that pursuant to a notice dated June 17, 2011, and duly published June 22, 2011, in the Fort Lupton Press, a public hearing was conducted on July 27, 2011, to consider the request of Tim and Jeanne Iverson, c/o Lafarge West, Inc., for a Site Specific Development Plan and Use by Special Review (USR) Permit #1779 for a Mineral Resource Development Facility, including Open Pit Gravel Mining (dry mining) in the A (Agricultural) Zone District. At said hearing, the Board deemed it advisable to continue the matter, at the request of the applicant, to allow consideration of the matter before a full quorum of the Board. On August 10, 2011, Bruce Barker, County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written, and provided a brief description of the location of the site. He stated the application is for a dry mining site and the extracted material is proposed to be conveyed to an existing USR site located on County Road 35, north of F Street. He stated the proposed conveyance will eliminate additional traffic, with the exception of employee vehicles. He further stated the mining activities will be done in one phase, with a lifespan of approximately five (5) years. Mr. Gathman referred to a memorandum, marked Exhibit F, and stated the applicant has submitted an updated Landscape Plan to add five trees in the southwest corner of the site; therefore, Condition of Approval #1.A may be removed. He further stated Condition of Approval #1.C addresses a Building Violation; however, that issue will be dealt with separately, and the condition may be deleted. He also indicated the applicant has applied for a Recorded Exemption (RE) to divide off the landowners' existing house and outbuildings not associated with the mine, to be located on Lot A, with the USR on Lot B. He stated the RE plat is to be recorded prior to recording the USR plat In response to Chair Kirkmeyer, Mr. Gathman PLQt)3a1L , 2011-1760 j0. 3 I I PL2119 HEARING CERTIFICATION - TIM AND JEANNE IVERSON, C/O LAFARGE WEST, INC. (USR-1779) PAGE 2 confirmed the landowner has applied for the necessary building permits, and reiterated the USR applicant/operator does not own the property. He stated staff is working with the property owner separately because the buildings are not associated with the proposed USR, and if they are not finalized, the issue can still be addressed through the Violation process, rather than tying up the USR. Heidi Hansen, Department of Public Works, stated the site will be accessed from F Street, which is a local paved road; however, the extracted materials will be transported, via conveyor, to an adjoining site. She stated the conveyor proposal will result in a minimal traffic impact, and the amount of material being transported to the adjoining site will not exceed the current permit capacity for processing; therefore, the applicant is not being required to revise the existing Improvements Agreement. Ms. Hansen noted the applicant does need to obtain a Flood Hazard Development Permit; however, they will need to submit a Letter of Map Revision (LOMR) to the Federal Emergency Management Agency (FEMA) after mining the site. Lauren Light, Department of Public Health and Environment, stated the site will not contain processing facilities or an office, and the only employees will be at the working face of the mining operation. She stated the applicant has submitted Noise, Dust, and Waste Handling Plans, as well as an Air Emissions Permit application and a draft Spill Prevention, Spill Control, and Spill Countermeasures (SPCC) Plan; therefore, Conditions of Approval #1.D and #1.E may be deleted. Ms. Light stated the applicant has been very diligent in addressing many of the Conditions prior to this hearing and she thanked the applicant for bringing forward an application without any outstanding issues. In response to Chair Kirkmeyer, Mr. Gathman stated the applicant is also requesting the deletion of Condition of Approval #1.F, regarding the Improvements Agreement, and, if approved, some new language will be necessary. Anne Best-Johnson represented the applicant and introduced various other company representatives who were available for input. She stated Lafarge is the largest supplier of construction materials in the United States and Canada; they are also located in 70 countries offering aggregate, asphalt, concrete and gypsum; and she reviewed the various industry awards they have earned. Ms. Johnson stated the applicant does currently mine in the vicinity and she reviewed an aerial map for the record. Pam Hora, Tetratech, stated the overall site is approximately 75 acres and the applicant intends to mine 39.8 acres in one mining cell. She stated the proposal includes adequate setbacks from the river, with an estimated 1.5 million tons to be mined by a crew of four to ten employees, and no aggregate will be processed at this location. Rather, the material will be transported, via conveyor, to the existing 35th Avenue mining site, and Ms. Hora confirmed Lafarge does have an easement from the City of Greeley for placement of the conveyor equipment. She stated the cell will be concurrently mined and reclaimed, taking approximately five years, depending on market conditions. She reviewed the mining plan for the record and stated once the site is reclaimed, there will be a 31-acre open water pond, surrounded by dry land grass. She further stated there is an access permit to use the existing Iverson access drive and the proposal will generate an insignificant amount of traffic from the employees; therefore, no improvements are being required to the existing access drive. Ms. Hora stated there is a sanitary sewer line under 2011-1760 PL2119 HEARING CERTIFICATION - TIM AND JEANNE IVERSON, C/O LAFARGE WEST, INC. (USR-1779) PAGE 3 the driveway and Lafarge worked with the City of Greeley to provide additional cover during the initial placement of mining equipment to protect the utility. She indicated mature trees provide a natural noise buffer, the equipment will operate in a circular pattern to avoid reverse back-up noise, the conveyors will also eliminate noise, and there will be no on-site crushing operations. She stated the mined material will have a high moisture content; however, the application proposes regular watering to control surface dust, and concurrent reclamation, re-vegetation of stock piles, and mature trees will also assist in reducing dust. Ms. Hora stated seven individuals attended the neighborhood meeting expressing concerns regarding potential impacts on groundwater wells; however, she assured the applicant has already begun monitoring water levels. She stated the applicant is in agreement with staff's recommendation and the proposed revisions. She reiterated the applicant would request the deletion of Condition of Approval #1.F, since there will be no improvements to the access drive and the applicant is only required to plant five trees, which is better addressed through a note on the plat to state, "Prior to operations, the five trees, as shown on the Landscape Mitigation Plan, shall be planted." Additionally, Ms. Hora requested Development Standard #26 be modified to allow operations from 5:00 a.m., until 10:00 p.m., rather than during daylight hours, which is consistent with the hours at the existing 35th Avenue mine site. In response to Commissioner Rademacher, Ms. Hora indicated the location of the Poudre River Trail on the displayed vicinity map, stated the proposed operations will be to the north and will not require closure of the trail, and they will not be lining the ponds. Responding to Commissioner Conway, Ms. Hora stated the proposed hours of operation were included in the initial application materials; however, she does not recall specifically discussing expanded hours at the neighborhood meeting. In response to Chair Kirkmeyer, Ms. Hora reiterated the requested hours were in the application materials, and she stated the neighbors who attended the meeting all live south of the proposed site. No public testimony was offered concerning this matter. Responding to Chair Kirkmeyer, Ms. Johnson confirmed the applicant is requesting the deletion of Condition of Approval #1.F and the addition of a note on the plat to state, "Prior to operations, the five trees, as shown on the Landscape Mitigation Plan, shall be planted." Mr. Gathman indicated acceptance of the deletion and proposed alternate language for a new Development Standard #27 to state, "The five Plains Cottonwood trees, indicated on the Landscape Mitigation Plan, revised August 2, 2011, shall be planted prior to commencement of mining." Ms. Hansen also agreed with removing the requirement for an Improvements Agreement, since there will be no required improvements due to the minor traffic impact. The Board agreed to delete Condition of Approval #1.F and add Development Standard #27 as proposed by Mr. Gathman, as well as delete Conditions of Approval #1.A and #1.C. In response to Commissioner Conway, Ms. Light confirmed staff has received the Air Pollution Emission Notice (A.P.E.N.) application; therefore, Condition of Approval #1.D has been met. The Board agreed to delete Conditions #1.D and #1.E, add a new Condition of Approval #1.B to state, "The Recorded Exemption plat, RECX11-0008, shall be submitted for recording.", and modify Condition of Approval #2.G to read, "The boundaries of USR-1779 shall match the boundaries of Lot B of RECX11-0008.", per Exhibit F. Regarding the applicant's request to modify the hours of operation as delineated in 2011-1760 PL2119 HEARING CERTIFICATION - TIM AND JEANNE IVERSON, C/O LAFARGE WEST, INC. (USR-1779) PAGE 4 Development Standard #26, Commissioner Conway expressed concern with the lack of notice to members of the public. In response to Commissioner Rademacher, Ms. Johnson agreed the distance between F Street and the subdivision to the south is approximately one-half mile, and she also stated notice was provided to surrounding property owners within 500 feet. She clarified the applicant does not intend to operate the facility from 5:00 a.m., to 10:00 p.m., on a regular basis; however the applicant would request some flexibility for concrete operations. She stated during the summer months the crew typically starts at 6:30 a.m., and may work for up to 12 hours for special projects. Responding to Chair Kirkmeyer, Ms. Johnson stated the concrete operation is not very noisy and allows for normal conversation levels right by the plant. She further stated the request is to allow consistency with the established hours of operation at the 35th Avenue mine, where the processing will occur. She stated the applicant would be agreeable to operating during daylight hours, with the provision that the hours be extended upon written notification for addition to the file for special projects. Responding to Commissioner Rademacher, Ms. Gathman stated he is not aware of any noise complaints for the 35th Avenue mine site. He explained it was approved in 1987, and amended in 1996, at which time they had hours of operations specifically called out as 6:00 a.m., until 10:00 p.m., and then the applicant came in approximately one year ago for an amendment to extend the hours to start at 5:00 a.m. He stated these types of operations typically have standard language requiring operations during daylight hours, with the special provision that they may be extended upon approval by the Board. Responding to Commissioner Rademacher, Ms. Johnson confirmed the subject site will only be a materials source; all of the processing and operations will be at the other site. Following discussion, Commissioners Rademacher, Garcia, and Long all agreed with the proposed modification to Development Standard #26 to allow extended hours of operation upon written notification to, and approval by, the Department of Planning Services Director. Commissioner Conway stated his only concern with allowing full-time extended hours is that it was not addressed at the neighborhood meeting, and the nearest residences are within one-quarter of a mile away. He stated the proposed modification will allow the flexibility to request extra hours from the Planning Director to address special projects. Ms. Johnson clarified that they did bring up every aspect of the application during the neighborhood meeting; however, the hours of operation did not receive any comment. Responding to Commissioner Rademacher, Ms. Johnson acknowledged the only concern would be if the current Director is unavailable or if there are staff changes which result in different opinions on when extended hours should be allowed. She stated the applicant would prefer the specific extension of hours upon written notification to be added to the file, and the Board agreed. Responding to Chair Kirkmeyer, Ms. Johnson stated she and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as proposed and modified. Commissioner Long moved to approve the request of Tim and Jeanne Iverson, c/o Lafarge West, Inc., for a Site Specific Development Plan and Use by Special Review Permit#1779 for a Mineral Resource Development Facility, including Open Pit Gravel Mining (dry mining) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. His motion included the deletion of Conditions of Approval #1.A, #1.C, #1.D, #1.E, and 2011-1760 PL2119 HEARING CERTIFICATION - TIM AND JEANNE IVERSON, C/O LAFARGE WEST, INC. (USR-1779) PAGE 5 #1.F, with the proper re-lettering and the addition of a new Condition of Approval #1.B to state, "The Recorded Exemption plat, RECX11-0008, shall be submitted for recording." The motion also included modifying Condition of Approval #1.G to read, "The boundaries of USR-1779 shall match the boundaries of Lot B of RECX11-0008."; modifying the second sentence of Development Standard #26 to read, "Hours of operation may be extended upon written notification to the Director of the Department of Planning Services."; adding a new Development Standard #27 to state, "The five Plains Cottonwood trees, indicated on the Landscape Mitigation Plan, revised August 2, 2011, shall be planted prior to commencement of mining."; and renumbering or re-lettering as appropriate. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 10:40 a.m. This Certification was approved on the 15th day of August, 2011. BOARD OF COUNTY COMMISSIONERS WE*D COUNTY, COLO DO so ATTEST: k-�K i 2 L1 iu! k arbara Kirkmeyer, Ch it Weld County Clerk to to 116 �-� Sean P. way, Pro-Tem Deputy Clerk to th>`fi* F. Garcia (CC)/ A- ouJsE. Lon Rade her 2011-1760 PL2119 C3 V % \ '% 0 0 - & ,, 2 / 0 � - � V / •/ y ---__ / f } _ tr; + \ a err y >-'--1 j : 9 y . \ x \ / 1/44 § d c* 2 5i C321 o ? R - \ a ' % W Q § $ \ : « C. k q \ » « - \ u I . In O • / S w a / z § L ) 7 \ $ \ G 2 u. - © \ ( 0 ' Ui b o 2 , ! [ § z ( 0 7 = \ \ ` / k 0 \ \ f / { > | d w oj 2 2 § q ; / \ T. k a. \ / § } ) \-9 \ \ , m Ci % 2 § ? ) uj k } 7 2 § o �� c JL I 0 � z k I:\ 00 n C N \' J ✓ \k v O: -q. o o o a 0 _i Z N ��)) 1 0: u) N (�) Q‘-') �i- F > U) 11j'—�' . v 0 O O w 0 u �1 Z Z O: E U fl) o 7 el o to' . \t Z U. W 0 +0' N w 0 O a c en Q - F Q � Z E co o EN Q p _IOO o O: Z . .- TS LIJ (r2LU c p � N >- >m y (U a N `T — M w 0 w W E ~ aZa 0 0wa • Zo � o . CtQQ 0. 0 in p ; m iL �I it. S I I 1 +• ` � W r a- eiC {14 '- T I Q 000 a �((l�`/ 0 # 4* # d N )� a WWW FA W 0 �`( • Z L Q 0O1) w Q r a; V ,s I 0 0 0 0 O.0. Z EXHIBIT INVENTORY CONTROL SHEET Case USR #1779 - TIM AND JEANNE IVERSON, C/O LAFARGE WEST, INC. Exhibit Submitted By Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes dated July 12, 2011) D. Planning Staff Certification and Photo of sign posting E. Planning Staff E-mail response to applicant, dated 8/9/2011 F. Planning Staff Memo re: Revisions, dated 8/9/2011 G. Applicant PowerPoint presentation H. Planning Staff Updated Landscape Plan I. Applicant Requested Modifications, dated 8/9/2011 J. K. L. M. N. O. P. Q. R. s. T. U. V. W. Hello