HomeMy WebLinkAbout20090901.tiffHEARING CERTIFICATION
DOCKET NO. 2009-17.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1687
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OPEN PIT
MINING AND MATERIALS PROCESSING AND ASPHALT AND CONCRETE BATCH
PLANTS, ALONG WITH IMPORTATION OF RESOURCE MATERIAL IN THE
A (AGRICULTURAL) ZONE DISTRICT - JOURNEY VENTURES, LLC
A public hearing was conducted on April 22, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated February 10, 2009, and duly published February 20,
2009, in the Greeley Tribune, a public hearing was conducted on March 18, 2009, to consider the
request of Journey Ventures, LLC, for a Site Specific Development Plan and Use by Special
Review Permit#1687 for Mineral Resource Development Facilities, including Open Pit Mining and
Materials Processing and Asphalt and Concrete Batch Plants, in the A (Agricultural) Zone District.
At said hearing, the Board deemed it advisable to continue the matter to April 22, 2009, to allow
the applicant additional time to address concerns expressed by surrounding property owners and
the Plumb Irrigation Company. On April 22, 2009, pursuant to a corrected notice dated
March 20, 2009, and re -published March 27, 2009, in the Greeley Tribune, Bruce Barker, County
Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. He
stated the applicant is proposing to mine the site within eleven phases, and groundwater will not
be exposed until the third phase, at which time a well permit, substitute water supply plan, or
augmentation plan will be required, as required within Development Standard #45. He gave a brief
description of the surrounding properties, and clarified the batch plant and processing areas will
be located in an area which is the furthest away from surrounding residences. He clarified the site
is accessed from County Road 58, east of a property containing a single-family residence, and the
applicant is required to submit Noise and Dust Abatement Plans. He stated sixteen referral
agencies reviewed the application materials, and eleven provided comments which have been
addressed within the Conditions of Approval and Development Standards. He confirmed the
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City of Greeley, Central Weld County Water District, AT&T, and Petroleum Development
Corporation did not provide referral responses; however, Petroleum Development Corporation has
recently entered into an agreement with the applicant. Mr. Gathman indicated three letters from
surrounding property owners were received prior to the Planning Commission hearing, expressing
various concerns, including: the potential of polluting the South Platte River, damage to farming
operations, wildlife and wetlands disruption, the lack of an Environmental Impact Study, the lack
of necessity for another mining operation, especially since another gravel facility was approved to
the site approximately three years ago, which has not commenced operations, vague details
regarding the time frame for the construction of the slurry wall, weed and odor control on the site,
potential for dust blowing, and traffic and safety impacts on County Roads 53 and 58. He
confirmed the applicant submitted a letter of response to one of the surrounding property owners,
as well as a letter of response to the Plumb Irrigation Company, and as a result, the Ditch
Company is willing to withdraw any objections previously stated. He clarified the applicant has
reached an agreement, with a surrounding property owner, to install vinyl fencing along the
property line at the proposed access, in order to mitigate visual and safety and impacts. He stated
the hauling and processing hours of operation will be limited to daylight hours, and the Department
of Public Works has recommended additional language for Condition of Approval #1.L, regarding
the Long -Term Maintenance and Improvements Agreement, to address road impacts and safety
concerns at the intersection of County Roads 53 and 58. He clarified Condition of Approval #1.A
has been satisfied and may be deleted, and Condition of Approval #1.6 may also be deleted since
the applicant has entered into an agreement with the ditch company. Mr. Gathman displayed
photographs of the site and surrounding area, and clarified the site will not have an access on
County Road 51, which is the eastern boundary of the facility. He further clarified the Plumb Ditch
is the northern boundary of the facility.
Commissioner Kirkmeyer questioned why the applicant is required to comply with the rules and
regulations of the Colorado Oil and Gas Conservation Commission (COGCC), as stated within
Development Standard #39. In response, Mr. Gathman stated there are existing wells on the site;
however, the applicant will not be completing any drilling activity on the site, therefore, the language
could be deleted. Further responding to Commissioner Kirkmeyer, Lauren Light, Department of
Public Health and Environment, clarified the applicant is required to obtain the necessary air
permits through the Colorado Department of Health and Environment, which is addressed within
Condition of Approval #1.E. She further stated Development Standard #23 has general language
indicating the applicant is required to comply with rules and regulations of all state and federal
agencies.
David Snyder, Department of Public Works, stated the site is accessed from County Road 58,
which is a collector status road, requiring 80 feet of right-of-way at full buildout, and the most recent
traffic count for the road indicates approximately 358 vehicles per day. He confirmed the road was
originally constructed in the year 1992 with 3.5 inches of base and two inches of asphalt, with an
additional overlay of two inches of asphalt completed in the year 2003, and the road is currently
in good condition. He indicated County Road 53, which will be utilized within the haul route, is
classified as an arterial road, requiring 140 feet of right-of-way at full buildout, with a recent daily
traffic count of approximately 3,780 vehicles, and he confirmed there have been three traffic
accidents at the intersection of County Roads 58 and 53 within the past four years. He clarified
staff met with the applicant and the consultant on April 15, 2009, to discuss proposed
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improvements to the roads, and a list of the required improvements was agreed upon by both
parties. He stated the applicant will increase the turn radius at the intersection to accommodate
larger trucks, and due to the expected total of 192 truck trips at full buildout, the applicant will install
a left -turn lane at the intersection to help alleviate sight distance concerns. He indicated the road
curves near the entrance, and during periods when crops are at full growth, limited sight distance
exists; therefore, the applicant will install signs indicating "trucks turning" to warn motorists. He
further indicated the applicant will pave the entrance from County Road 58 to the cattle guard, or
approximately 100 feet, and when the traffic count on County Road 58 exceeds 1,000 vehicles per
day, the applicant shall be required to install acceleration and deceleration lanes, which is a typical
requirement for similar USR permits. He confirmed the applicant will enter into a Long -Term
Maintenance and Improvements Agreement for all of the required improvements, and he confirmed
the entire site is located outside of the 100 -year floodplain. Mr. Snyder described a photograph
presented by Mr. Gathman, indicating the limited sight distance points, and he clarified staff is also
requiring the applicant to provide improvements to the shoulders on County Road 58. Responding
to Chair Garcia, Mr. Snyder confirmed the Colorado Division of Reclamation, Mining, and Safety
is responsible for reviewing the construction of the slurry wall.
Ms. Light stated potable water will be provided to the site from the Central Weld County Water
District, and she confirmed an older residence is currently located on the site, which contains a
septic system permitted for use by four persons. She stated the application materials indicate the
site will contain up to eighteen employees, therefore, the septic system must be evaluated, or a
new system must be installed. She confirmed the applicant has submitted the proper plans for
noise, odor, dust, and waste, the Conditions of Approval and Development Standards also address
the requirements of the State, and the Department has no outstanding concerns with the
application materials.
J.C. York, J and T Consulting, Inc., represented the applicant and displayed a map of the mining
plan, marked Exhibit K, and indicated the USR permit boundary is approximately 85 acres, and the
mining area is approximately 70 acres. He confirmed the site will be mined in eleven phases, and
the slurry wall will be constructed prior to the eighth phase. He further confirmed the eighth phase
contains a jurisdictional wetland, therefore, it will be necessary to obtain a 404 Permit from the
U.S. Army, Corps of Engineers, before the eighth phase may be mined. He stated groundwater
will not be exposed within the first two phases, therefore, a Substitute Water Supply Plan is not
necessary until commencement of the third phase, at which time the well permit will also be
obtained. Mr. York indicated the asphalt and concrete batch plant will be located near the existing
residence on the site, he described the proposed location of the aggregate stockpiles and topsoil
and overburden piles on the provide map, and he confirmed the proposed locations of the piles will
help to mitigate noise and will provide screening from surrounding properties. He stated the
materials processed through the on -site washout area for the concrete batch plant will be recycled
and re -utilized so that no waste product is generated. He further stated a water truck will be utilized
for dust abatement on interior roads, the aggregate piles on the site will be watered down with
sprinklers or a water truck, and the overburden and topsoil piles will be seeded and will not require
excessive watering.
Mr. York confirmed operating agreements with Petroleum Development Corporation have been
obtained, as well as an agreement with the surrounding property owner, Jerry Lemons, regarding
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the construction of a fence for screening purposes. He stated an Air Pollution Emissions Notice
(A.P.E.N.) Permit is required for every piece of machinery which will be utilized for the aggregate
processing and concrete and asphalt batch plants, and a Stormwater Discharge Permit and
building permits for the plant buildings will also be required. He indicated the applicant is reviewing
the options of utilizing the current septic system, or if the system will be required to be replaced.
He confirmed the Reclamation Permit was recently approved by the Colorado Division of
Reclamation, Mining, and Safety; however, the financial warranty has not yet been submitted for
final approval. In response to Commissioner Rademacher, Mr. York indicated the applicant
assumes a new septic system will have to be installed. Commissioner Rademacher suggested that
the applicant "over -size" the newly constructed septic system to account for future growth of
employees. In response, Mr. York indicated many of the employees will be working on the face
of mine, and he does not believe a total of 30 employees at the site would be feasible. In response
to Chair Garcia, Commissioners Kirkmeyer and Rademacher confirmed Development Standard #26
limits the number of employees on the site to eighteen. Further responding to Chair Garcia,
Mr. York indicated the South Platte River is approximately one mile to the north of the site, and he
confirmed the entire site is located outside of the floodplain.
Ron Baker, surrounding property owner, indicated he is the President of the Plumb Ditch Company,
he confirmed an agreement has been reached with the applicant, and the applicant has also
worked to resolve his concerns as a surrounding property owner. He indicated concerns were
presented at the Planning Commission hearing, regarding the improvements to County Roads 53
and 58, and he still has outstanding concerns regarding the timing of the improvements. He
indicated his family utilizes the intersection frequently, and he would like the applicant to address
the timing of the improvements. In response to Commissioner Rademacher, Mr. Baker reiterated
the Plumb Ditch Company did come to an agreement with the applicant.
In response to Chair Garcia, Mr. Snyder indicated the improvements to the intersection of County
Roads 58 and 53 are required to be completed prior to any material being hauled from the site.
He reiterated the road, in its current condition, will not be able to handle the heavy loads. He
further indicated the construction of the left -turn lane will also be required prior to any trucks hauling
from the site. Responding to Commissioner Conway, Mr. Snyder confirmed all of the road
improvements previously discussed must be completed before material may be hauled from the
site. Mr. Barker stated the standards of the Manual on Uniform Traffic Control Devices (MUTCD)
indicates only the Department of Public Works may install road signs, or direct the installation of
the sign, therefore, he suggested the second sentence of Condition of Approval #6.B be modified
to state, "The applicant shall comply with the directives of the Weld County Department of Public
Works Traffic Engineer for proper placement of the sign."
Mr. York indicated improvements to the intersections were discussed at the meeting with the
Department of Public Works, and it was confirmed that the turn -lane improvements and the
upgraded radius would have to be completed before hauling operations began. He clarified the
applicant will be able to complete some work on the site, including stripping and processing, before
it will be necessary to remove any materials from the site. He stated updated traffic counts will be
studied before any overlay work is completed on County Road 58, in order to determine the correct
thickness. He confirmed the asphalt and concrete batch plants may not commerce operations right
away, meaning the site may contain only aggregate processing at first, therefore, the traffic counts
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are not expected to increase to 193 trips per day for quite some time. Responding to
Commissioner Rademacher, Mr. Snyder confirmed both County Roads 58 and 53 are paved roads.
In response to Chair Garcia, the Board concurred with the deletion of Conditions of Approval #1.A
and #1.B, with the required re -lettering. Further responding to Chair Garcia, Mr. Gathman
requested the addition to Condition of Approval #1.L.3 to state, "The applicant and the Weld County
Department of Public Works shall negotiate an agreement included within the Long -Term
Maintenance and Improvements Agreement document, for the following safety improvements, and
the Department shall approve all safety improvements listed below: a) Construction of adequate
turning radii at the intersection of County Roads 58 and 53; b) Construction of acceleration and
deceleration lanes at the USR entrance on County Road 58; and c) Construction of road
improvements to County Road 58. The agreement and form of collateral shall be reviewed by
County staff and accepted by the Board of County Commissioners, prior to recording the USR plat."
Chair Garcia indicated Condition of Approval #1 contains the heading "Prior to recording the plat"
and he believes the placement of the language may need to be modified because the applicant
provided testimony that the improvements will not be required to be completed until the applicant
begins to haul material from the site. Mr. Gathman indicated the language included within
Condition of Approval #1.L is also found as Conditions of Approval #6.A and #6.B, items required
"Priorto operation," as requested by the Planning Commission. He indicated an amendment could
be made to the Resolution to modify the language within Condition of Approval #6.C to become a
new Condition of Approval, under the heading of "Prior to hauling materials off -site." He confirmed
the applicant will be allowed to conduct certain operations on the site, such as peeling away the
soil, before hauling operations begin. Mr. Barker clarified the applicant is required to obtain the
necessary A.P.E.N. Permits before operations begin on the site, therefore, Condition of Approval
#6.A needs to remain under the heading of "Prior to operation." He suggested Condition of
Approval #6.C be modified to become new Condition of Approval #7.A, under the heading of "Prior
to hauling off -site," with the necessary re -numeration, and the Board concurred.
In response to Chair Garcia, the Board concurred with the modification of the second sentence of
Condition of Approval #6.5, as previously described by Mr. Barker. Mr. York requested the
modification of Development Standard #26 to allow for up to twenty-five (25) employees on the site.
In response to Commissioner Rademacher, Ms. Light confirmed if the site exceeds 2,000 gallons
of septic waste per day, the applicant will be required to comply with the regulations of the Colorado
Department of Public Health and Environment, Water Quality Control Division, and normally more
than 20 persons utilizing a system on a daily basis will exceed the 2,500 -gallon threshold.
Commissioner Rademacher clarified the applicant should be aware that there may be some
additional expenses incurred with the septic system, and in response, Mr. York withdrew his
request to modify Development Standard #26, indicating eighteen (18) employees will be sufficient.
Responding to Commissioner Rademacher, Mr. Gathman clarified the applicant originally intended
to plant trees along the northern boundary of the site; however, due to the concerns presented by
the ditch company, trees will not be planted. He clarified the Landscape Plan will consist of the
method of seeding the berms. Further responding to Commissioner Rademacher, Mr. Snyder
confirmed the applicant's designated haul route must utilize paved roads, therefore, the applicant
will not utilize County Road 51, since it is a gravel road. Mr. Gathman reiterated Development
Standard #39 may be deleted, as previously mentioned by Commissioner Kirkmeyer, and the Board
concurred with the deletion.
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In response to Chair Garcia, Mr. York indicated he has reviewed, and concurs with, the Conditions
of Approval and Development Standards, as modified.
Commissioner Rademacher expressed his appreciation to the applicant for the all the work
completed to satisfy the concerns of surrounding property owners and the Plumb Irrigation
Company before the Board hearing today.
Commissioner Long moved to approve the request of Journey Ventures, LLC, for a Site Specific
Development Plan and Use by Special Review Permit #1687 for Mineral Resource Development
Facilities, including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch
Plants, 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, and modified. His motion included the deletion of Conditions of Approval #1.A and
#1.B, with the required re -lettering; the addition of Condition of Approval #1.L.3 to state, "The
applicant and the Weld County Department of Public Works shall negotiate an agreement, included
within the Long -Term Maintenance and Improvements Agreement document, for the following
safety improvements, and the Department shall approve all safety improvements listed below: a)
Construction of adequate turning radii at the intersection of County Roads 58 and 53; b)
Construction of acceleration and deceleration lanes at the USR entrance on County Road 58; and
c) Construction of road improvements to County Road 58. The agreement and form of collateral
shall be reviewed by County staff and accepted by the Board of County Commissioners, prior to
recording the USR plat."; the modification of the second sentence of Condition of Approval #6.8
to state, "The applicant shall comply with the directives of the Weld County Department of Public
Works Traffic Engineer for proper placement of the sign."; the modification of Condition of Approval
#6.C to become new Condition of Approval #7.A, under the heading of "Prior to hauling off -site,"
with the necessary re -numeration; and the deletion of Development Standard #39, with the required
re -numeration. The motion was seconded by CommissionerKirkmeyer, and it carried unanimously.
There being no further discussion, the hearing was completed at 11:20 a.m.
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This Certification was approved on the 27th day of April, 2009.
APPROVED:
D OF COUNTY COMMISSIONERS
COLORADO
Weld County Clerk to the Board
u
De. u Clerk the Board c
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1687 - JOURNEY VENTURES, LLC
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Summary of Hearing (Minutes dated 04/07/2009 and
C. Planning Commission 03/03/2009)
D. Applicant Request for Continuation, dated 02/17/2009
Letter, dated 04/13/2009, to SPO Jerry Lemons, re:
E. Applicant Fencing, and accompanying documents
Memo re: Clarification of Conditions of Approval, dated
F. Planning Staff 04/16/2009
Memo re: Proposed Language for Conditions of
G. Public Works Staff Approval, dated 04/17/2009
Memo re: Addition to Condition of Approval #1.L, dated
H. Planning Staff 04/17/2009
Signed letter from Jerry Lemons and accompanying
I. Applicant Surface Use Agreement
J. Planning Staff Certificate and photo of sign posting
K. Applicant Map of Mining Phases and Reclamation Plan
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