HomeMy WebLinkAbout20110270.tiff HEARING CERTIFICATION
DOCKET NO. 2011-06
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1767 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
OPEN PIT GRAVEL MINING (KONIG BORROW MINE) IN THE A (AGRICULTURAL)
ZONE DISTRICT— MICHAEL KONIG, C/O KONIG AG COMPANY
A public hearing was conducted on January 19, 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, Kim Ogle
Health Department representative, Mary Evett
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated December 10, 2010, and duly published
December 15, 2010, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Michael Konig, c/o Konig Ag Company, for a Site Specific Development Plan and
Use by Special Review Permit #1767 for a Mineral Resource Development Facility, including
Open Pit Gravel Mining (Konig borrow mine) in the A (Agricultural) Zone District. Bruce Barker,
County Attorney, made this a matter of record.
Kim Ogle, 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 applicant is proposing
to extract approximately ten feet of gravel and stones, located beneath six to eight inches of
over burden, from a 35-acre borrow area, contained within a 121-acre property. He further
stated the projected life of the mine is approximately ten (10) years, based on market
conditions; multiple linear berms planted with a dry land seed mixture will assist with preventing
wind and soil erosion; the proposed access will be from County Road 81; and the site is
surrounded by dry land pasture lands, with limited agricultural and rural residential uses.
Mr. Ogle stated the site is located within the three-mile referral area for the Town of Grover;
however, staff did not receive a referral response indicating a conflict with its interest. He stated
twelve referral agencies reviewed the proposal, four offered comments which have been
addressed in the Conditions of Approval and Development Standards, and no correspondence
was received from surrounding property owners regarding the application. He displayed an
aerial map and photographs of the site and surrounding area, and explained the application was
initiated through the violation process following a citation by the Colorado Division of
Reclamation, Mining and Safety (DRMS), for mining without the proper permits. In response to
el. LPL Puo, NL E 2011-0270
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Commissioner Rademacher, Mr. Ogle stated the nearest residence is approximately 1.5 miles
away. In response to Chair Kirkmeyer, Mr. Ogle confirmed the site is 121 acres and County
Road 120 crosses the northern-most portion of the property.
Heidi Hansen, Department of Public Works, stated County Road 81 is a local gravel road
requiring 60 feet of right-of-way, it is a dead end, there are no houses, and staff does not have a
traffic count. County Road 120 is a paved collector road requiring 80 feet of right-of-way, the
average daily traffic count taken in July, 2009, indicated approximately 208 vehicles east of the
site and 212 vehicles west of the site, and the 85th percentile traveled at a speed of 70 miles
per hour. Ms. Hansen stated staff will be requiring an Improvements Agreement, and will make
the proper adjustments to acknowledge this is a smaller operation. She explained they are
requesting a paved apron at the entrance, which is a good safety improvement for Weld County
grading operations. In response to Chair Kirkmeyer, Ms. Hansen stated County Road 120 was
improved with a pavement overlay in 2009, and the Improvements Agreement will address
issues such as dust control and collateral for any damages. She further stated the terms of the
Agreement are typically addressed following approval of a USR; however, the issues were
identified early and addressed with the applicant, which resulted in some questions, therefore,
staff is requesting direction from the Board. In response to Commissioner Rademacher, Ms.
Hansen stated staff is requesting a 50-foot apron to accommodate a standard grader with a 45-
foot plow. Commissioner Long commented dust control is not needed, since the site is located
south of the highway, the prevailing winds are from the north, and there are no nearby
residences. Commissioner Rademacher agreed.
Mary Evett, Department of Public Health and Environment, stated the application proposes year
round operations for up to ten (10) years, and staff initially required water and sewer service;
however, the Planning Commission determined portable toilets and bottled water will be
adequate for employees and drivers, as specified in Development Standard #20. She stated
the applicant has provided an Emissions Notice and a Dust Abatement Plan, which indicates
they will use a water truck to control on-site and off-site dust. She further stated the water will
be supplied by an off-site well which has been approved by the Division of Water Resources.
Ms. Evett stated the Waste Management Plan indicates the waste will be limited to trash
generated by employees and drivers, and they will be using Waste Management Disposal. She
indicated noise will be restricted to the level allowed in the Industrial Zone District, as specified
in Development Standard #9.
Chris Rundall, Baseline Engineering Corporation, represented the applicant and reviewed, for
the record, the PowerPoint slides included in the file with staff's presentation. In response to
Commissioner Rademacher's previous question, he stated the closest residence is located
south of County Road 81 and is owned by the applicant. He submitted a letter, marked
Exhibit D, and stated they are requesting a reduction in the application fees, based on the logic
that the fee was calculated for the entire 121-acre parcel; however, the mining activity will only
impact the 35 acres approved by the DRMS permit. In response to Chair Kirkmeyer, Mr. Barker
agreed the proper procedure is for the applicant to request the waiver from the Director of
Planning Services, and they may then appeal their argument to the Board, if necessary. In
response to Commissioner Conway, Mr. Rundall stated they have already discussed the
reduction with the Planning Director and were instructed to bring the matter up with the Board.
Chair Kirkmeyer reiterated the proper process, as previously explained. Commissioner Long
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commented he thought this issue had already been discussed and resolved through a pass
around work session. Mr. Rundall stated the applicant has already incurred significant cost and
is rapidly approaching the tipping point when the venture will no longer be economically
feasible. He stated the applicant agrees to pave the apron; however, it will result in additional
cost. He further stated the location of the pit will significantly reduce the amount of heavy truck
haul miles and the applicant would like that factor to be considered when they are finalizing the
terms of the Improvements Agreement. Mr. Rundall referenced Development Standard #21 and
stated there will be three (3) on-site employees; however, he requested clarification to ensure
the language does not include drivers coming to the site. In response to Commissioner Long,
Mr. Rundall estimated the maximum number of trucks entering the site would be approximately
ten (10) per hour, or 50 truck trips per day, within an anticipated 100 days per year. He
reiterated the site is permitted through the State for a 10-year life; however, they hope the
demand will be such that the resource will be depleted within a few years.
Marcy Konig, property owner, stated all of the surrounding property is owned by the applicant or
immediate family and they have been there for more than 100 years. She stated they want to
preserve the area and safety is also very important, since their kids drive the local roads to
school. She further stated the pit has been closed since August 5, 2010, and one of the three
employees had to find other employment. She stated their goal is to benefit local farmers, hire
local truckers, and decrease the amount of long distance trucking in the area. Ms. Konig
indicated the oil and gas traffic is anticipated to increase, and they estimate the 35-acre site
contains enough material to fill 12 trucks per day, for approximately two years. There being no
further comments, Chair Kirkmeyer closed public testimony.
Chair Kirkmeyer referenced Condition of Approval #1.D and the Board agreed the last sentence
should be deleted. She further stated she appreciates staff's ongoing efforts concerning paved
aprons; however, she does not feel it is warranted in this instance. Commissioners Long and
Rademacher agreed due to the minimal operations taking place at the site. Chair Kirkmeyer
confirmed staff should continue to bring these requirements forward, and Ms. Hansen clarified
the apron was not constructed at the time of the overlay because the County was not
anticipating heavy truck traffic from the subject site at the time. In response to Chair Kirkmeyer,
Mr. Ogle agreed the Landscape and Screening Plan referenced in Condition of Approval #1.H.3
was approved through the Mining Reclamation Plan, and it was the intent of the Planning
Commission that it be removed. Commissioner Rademacher requested the second sentence of
Condition of Approval #1.H.5 be deleted, as he does not want to require the applicant to screen
their trash collection area. In response to Commissioner Rademacher Ms. Konig stated she
does not foresee that they will need more than three on-site employees; however, she decided
to request an increase to allow up to five (5) employees to ensure their future needs are met. In
response to Commissioner Conway, Ms. Evett stated if the number of employees is increased,
the applicant will simply need to increase the number of portable toilets as specified in the
provided chart. Following discussion, the Board agreed to delete Development Standard #21,
restricting the number of employees, delete Development Standard #27 regarding screening, for
consistency with prior discussion, and modify Development Standard #37 to indicate Weld
County personnel entering the site will be restricted to "necessary" personnel from the
Departments of Planning Services, Public Works, and Public Health and Environment.
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In response to Chair Kirkmeyer, Mr. Rundall referenced Condition of Approval #1.D and
requested a clear definition of where the off-site haul route improvements will be required. He
explained staff has indicated they will be requesting the improvements include County Roads 81
and 121 for one mile in each direction; however, the applicant is requesting that be reduced to
just the intersection. Chair Kirkmeyer explained, if approved, the applicant will need to work
with staff to negotiate the terms of the Improvements Agreement before presenting it to the
Board for approval or modification. Commissioner Long advised the applicant to sign the
agreement only if they are satisfied with the terms, otherwise, the issue may be discussed
further with the Board for a resolution. In response to Chair Kirkmeyer, Mr. Rundall stated he
and the applicant have reviewed, and concur with, the Conditions of Approval and Development
Standards, as proposed and modified.
Commissioner Long commended the applicant for pursuing a creative means for supplementing
their agricultural operations, as well as enhancing service for oil and gas operations while
reducing traffic in the area. He moved to approve the request of Michael Konig, c/o Konig Ag
Company, for a Site Specific Development Plan and Use by Special Review Permit #1767 for a
Mineral Resource Development Facility, including Open Pit Gravel Mining (Konig borrow mine)
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 modifying Condition of Approval #1.D to delete the last
sentence and to delete the phrase "and shall include a paved apron with sufficient turning radii
for large trucks" from the second to last sentence; deleting Condition of Approval #1.H.3;
deleting the second sentence from Condition of Approval #1.H.5; deleting Development
Standards #21 and #27; and modifying Development Standard #37 to state, "Necessary
personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations." The
motion was seconded by Commissioner Garcia, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:45 a.m.
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HEARING CERTIFICATION -MICHAEL KONIG, C/O KONIG AG COMPANY (USR-1767)
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This Certification was approved on the 24th day of January, 2011.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLO DO
ATTEST: J
arbara Kirkmeyer, hair
Weld County Clerk to q6°.(:�� "�► 4mP��
Sean P. on Pro-Tern
BY:
Deputy Clerk to the B:�1���
G:J . ,(
David E. Long
Douglas emacher
2011-0270
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1767 - MICHAEL KONIG, C/O KONIG AG COMPANY
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 01/04/2011)
Letter requesting reduction in application fee, dated
D. Applicant 09/23/2010
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