HomeMy WebLinkAbout20093357.tiffHEARING CERTIFICATION
DOCKET NO. 2009-78
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1716 FOR OPEN PIT MINING (DRY MINING - NORTH PIERCE PIT) AND
MATERIALS PROCESSING OF CONSTRUCTION MATERIALS IN THE
A (AGRICULTURAL) ZONE DISTRICT - WELD COUNTY DEPARTMENT OF PUBLIC
WORKS
A public hearing was conducted on December 16, 2009, at 10:00 a.m., with the following
present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer - EXCUSED
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
Public Works representative, Clay Kimmi
The following business was transacted:
I hereby certify that pursuant to a notice dated November 16, 2009, and duly published
November 19, 2009, in the Windsor Beacon, a public hearing was conducted to consider the
request of the Weld County Department of Public Works for a Site Specific Development Plan
and Use by Special Review Permit #1716 for Open Pit Mining (dry mining — North Pierce Pit)
and Materials Processing of Construction Materials in the A (Agricultural) Zone District. Bruce
Barker, County Attorney, made this a matter of record, and in response to Chair Garcia, he
indicated it is not necessary to advise the applicant of the option to continue the matter, due the
presence of only four Commissioners.
Kim Ogle, 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 site is located north of County Road 96, west of County Road 37, and 3.4 miles
from the Town of Pierce. He indicated the site is located approximately 1,900 feet from the
nearest surrounding property owner, the access to the site is on County Road 37, which is a
gravel road, and an access permit has been applied for. He confirmed the estimated thickness
of the gravel varies between zero and thirty feet in depth, and it is expected that the mined
material will be transported to the gravel processing area, to be crushed, and then stockpiled on
the site. He indicated the sited is expected to be continuously mined during winter months, with
materials heing hauled from late Spring to early Fall. Mr. Ogle indicated the stockpiles will be
located behind an earthen berm, and the final reclamation of the site will be native grass
material. He indicated the applicant is proposing to utilize bottled water and portable toilets, up
2009-3357
PL2037
HEARING CERTIFICATION - WELD COUNTY DEPARTMENT OF PUBLIC WORKS
(USR-1716)
PAGE 2
to 20 people may be on site at one time, and he described the hours of operation. He stated the
operation will not create a large impact on surrounding property owners, and twelve referral
agencies reviewed the application materials, with six providing comments which have been
addressed within the Conditions of Approval and Development Standards. He further stated
two letters of concern were provided, containing concerns regarding traffic, and a telephone call
of concern was received from a citizen who wanted to ensure the proposed use was not
associated with a uranium mine. He indicated Charles Tucker, surrounding property owner, has
previously expressed concerns regarding water rights at the site, and he displayed photographs
of the site and the surrounding area.
In response to Commissioner Rademacher, Mr. Ogle indicated the placement of the Jones'
residence on the map provided, and confirmed most of the applicant's property will remain
vacant. Responding to Chair Garcia, Mr. Ogle confirmed there are no wetlands located on the
property; however, the property is located within a low basin, therefore, the reclamation plans
for the site include seeding of native grasses.
Heidi Hansen, Department of Public Works, stated County Roads 96 and 37 are both local
gravel roads, containing 60 feet of right-of-way. She indicated the traffic count for County
Road 96 is approximately five vehicles per day, and the traffic count for County Road 37 is
approximately 90 vehicles per day. She stated the sight distance is good in both directions, and
the access will contain a double cattle guard and a 60 -foot turning radius. She confirmed the
Drainage Report provided is acceptable, and the plat will need to delineate the channel for the
creek flows; however, the site is not located within the floodplain. In response to Commissioner
Rademacher, Ms. Hansen confirmed the creek does not frequently fill with measurable water
amounts, and FEMA has not mapped this area as a floodplain area. Further responding to
Commissioner Rademacher, Clay Kimmi, Department of Public Works, clarified FEMA has
mapped an area north of the site, and south of the site, as floodplain areas; however, the site
itself does not contain a floodplain designation. He further clarified FEMA does not have any
plans to re -map this parcel at any point in the near future. In response to Chair Garcia,
Mr. Kimmi indicated any future uses of the site, after the reclamation process, would not be
required to provide a special permit, because the site is not designated as a floodplain,
therefore, it is not required to be mapped again in the future.
In response to Commissioner Rademacher, Ms. Hansen indicated the traffic hauling from the
site is expected to travel west to U.S. Highway 85; however, there is no defined haul route. She
clarified many of the trucks are expected to travel on County Road 94, since there are fewer
residences, which will help to combat dust issues. Responding to Commissioner Conway,
Mr. Ogle clarified Development Standard #7 contains a reference that the applicant must adhere
to the Dust Abatement Plan. Commissioner Conway expressed his concerns regarding the
potential for increased dust due to extra trucks traveling on the roads, especially County
Road 96, which currently has a very low traffic count. He indicated staff needs to have a plan in
place to address dust concerns from surrounding property owners before hauling operations
begin. Ms. Hansen indicated specific language could be drafted to be added as a new
Development Standard, at the Board's request. Commissioner Long clarified the County
operates similar operations in other areas, where specific dust mitigation has not been required,
and any complaints received regarding these facilities have been very few and far between. He
2009-3357
PL2037
HEARING CERTIFICATION - WELD COUNTY DEPARTMENT OF PUBLIC WORKS
(USR-1716)
PAGE 3
indicated if staff were to receive a complaint, he is confident the matter will be handled in an
appropriate manner. He clarified the trucks will be traveling in various directions, depending on
where the need exists for the material to be hauled to, and he reiterated he is confident that any
concerns presented will be addressed, since this is a mining site which will be operated by
County employees. Commissioner Rademacher concurred with Commissioner Long and
confirmed the traffic counts in the area very low, therefore, he does not expect concerns. He
further indicated he also believes the County will work to address any concerns presented by
surrounding property owners. Ms. Hansen confirmed it is a standard County practice to have a
water truck available at the mining site, at all times, which may be utilized for dust control.
Lauren Light, Department of Public Health and Environment, stated the application materials
indicate the site will be mined over a ten-year period, with the possibility of an additional three
years. She indicated the Department is requiring a permanent water source and sewage
system for the site; however, portable toilets and bottled water may be utilized within the
working faces of the mine. She clarified a vault system is allowed to be installed, to satisfy the
sewage requirements, Condition of Approval #1.D requires that a Dust Abatement Plan be
submitted, and it is intended that the water truck on the site will be available for any necessary
dust control measures. She indicated a Waste Handling Plan is not required; however, an Air
Pollution Emissions Notice (A.P.E.N.) must be completed, as required within Condition of
Approval #1.E. She clarified it is at the discretion of the Board to decide whether a permanent
water source and sewage system is required for the site, and if the Board decides they are not
required, it will be necessary to complete several amendments to the Resolution. In response
to Commissioner Rademacher, Ms. Light indicated a Cistern permit may only be issued for the
site if a well permit is not obtainable. Responding to Chair Garcia, Ms. Light clarified the
Department always requires a permanent water supply for mining sites of comparable use and
size; however, most mining sites contain structures such as a scale house, etcetera, in which a
septic system may be installed. She confirmed this site will not contain any permanent buildings
or structures. Commissioner Rademacher indicated a private company operates a gravel mine
near his residence, and that site was not required to provide permanent sewage facilities.
Dave Bauer, Department of Public Works, represented the applicant and confirmed this site will
be utilized to conduct dry pit mining operations. He indicated a swale will be built, to avoid the
creek flooding out the operations on the site, and the flows will continue to be properly conveyed
downstream. He clarified the life of the mine is expected to be between ten and fifteen years,
and 100,000 tons of material are expected to be processed from this site each year. He
indicated crushing and gravel mixing activities will take place on the site, and water will be
utilized to keep dust levels down. He clarified he believes the requirement for a permanent
water source and a sewer facility is unnecessary, since there will only be approximately two
months of mining activity per year. He confirmed water may be hauled to the site from the
Briggsdale Well or the Geisert Pit, to be utilized for dust control, and potable water will be
brought to the site in coolers from the Greeley offices. Mr. Bauer indicated the site will contain a
tracking pad to prevent tracking debris onto the road, and the County does maintain this section
of roadway adjacent to the site. He clarified the anticipated haul route is south to County
Road 96, and west to U.S. Highway 85; however, some materials will be hauled to the
necessary road construction projects in all directions from the mine. He stated the surrounding
property owners will be experiencing improved road conditions as repairs and construction work
2009-3357
PL2037
HEARING CERTIFICATION - WELD COUNTY DEPARTMENT OF PUBLIC WORKS
(USR-1716)
PAGE 4
are completed on the roads. He reiterated the mining activity will take place during winter
months, the materials will be hauled from the site during summer months, and it is anticipated
that the trucks will arrive at the site to assemble a load, and then leave to go deliver the load at
the necessary location. He stated the Division of Reclamation Mining Safety (DRMS) Permit
has been approved, and the site will be reclaimed as rangeland, at the request of the State of
Colorado; however, the site has historically been farmed for winter wheat, and it will be possible
to conduct farming operations in the future, once reclamation is complete.
Commissioner Long indicated there are other small mining operations within the County which
are allowed to haul water to the site instead of providing a permanent water source. In
response, Mr. Bauer clarified the County currently operates thirteen active gravel pits, and water
is hauled to all of the facilities, except for the Geisert Pit. He further clarified a new well in
Briggsdale will be put into service this upcoming year, which is a potential source for hauling
water to the site, in addition to water from the Geisert Pit. He indicated the roads in the area will
be required to be maintained by the County, and the south haul route only passes in front of one
residence within the two-mile stretch to U.S. Highway 85. Further responding to Commissioner
Long, Mr. Bauer clarified cases of bottled water are available for consumption by the employees
working at the site, in addition to large coolers full of drinking water, and portable toilets are
located on trailers, which are delivered to, and picked up from, the site as necessary.
Charles Tucker, surrounding property owner, confirmed he operates a dairy in close proximity to
the proposed site, and he is not opposed to the operation of the pit, due to its economic
feasibility; however, he expressed his concerns regarding the water rights of Lone Tree Creek.
He clarified he has held discussions with several staff members from the Department of Public
Works, and he needs assurance that he will have the proper entitlement to any floodwater
traveling through the creek. He further clarified staff discussed several options with him, and as
long as the water situation is worked out correctly, he does not have any outstanding concerns
regarding the proposed project. In response to Chair Garcia, Mr. Tucker confirmed he agrees
with the possible solutions presented by staff, and a mutual agreement has been reached. He
clarified the creek does occasionally have flows, and as long as pumps are available to remove
water from the pit, there should not be any issues with receiving the proper flows. Responding
to Commissioner Conway, Mr. Tucker confirmed the area is still pretty dry, even with a larger
than normal amount of precipitation during this past year, and the Lone Tree Creek will flow
when it picks up overflow water from the south side of the Sherman Basin. Further responding
to Commissioner Conway, Mr. Tucker indicated the last time a measurable amount of water
flowed through the area was back in approximately 1997, and sometime within the late 1980's
was the last time there was so much water that the pit ran over. There being no further
discussion, the Chair closed the public input portion of the hearing.
Mr. Bauer confirmed the pumping capacity exists to restore any flows which may become
trapped in the pit back to the natural drainage course. He confirmed additional evaluation will
take place to ensure that the County will not flood downstream properties, causing damages, at
the proposed pumping rates. In response to Commissioner Long, Mr. Bauer requested the
deletion of Development Standard #9, requiring a permanent water source, since the
Department would like to be able to utilize bottled water and portable toilets at the site.
Commissioner Rademacher expressed his concern regarding the requirement for most of the
2009-3357
PL2037
HEARING CERTIFICATION - WELD COUNTY DEPARTMENT OF PUBLIC WORKS
(USR-1716)
PAGE 5
private mining operations to provide permanent water sources, and it will give the wrong
impression if the County does not require the same of its own operations. Commissioner
Conway concurred with Commissioner Rademacher. Commissioner Long clarified many of the
operations which are required to provide a permanent water source and sewage facility are
larger, full-time operations, and it is definitely necessary for these requirements, since many of
these operations contain scale houses and office structures. However, there are several
smaller operations within the County, and the Board has previously approved these facilities,
indicating that permanent utilities are not necessary. He further clarified this site will only be
actively mined for a short period of time during the winter months, and material will only be
hauled from the site during summer months. He indicated the several small facilities operating
without a permanent water source or sewage facility have not caused any serious concerns,
therefore, he supports the request to delete Development Standard #9.
In response to Commissioner Rademacher, Mr. Bauer indicated the mining operations crew
consists of six employees, and up to twenty drivers will access the site on a daily basis during
the hauling season. He reiterated the site is not operated on a year-round basis, and there will
be no scale house located on the property, since the County owns the property and will not be
expected to pay any royalties. He confirmed the loaded trucks will not exceed the maximum
weight allowed on the roadways, and none of the typical buildings associated with this type of
operation will be on the site. He further confirmed the use on the site will be intermittent, and
there may be some years in which mining operations will not occur at all.
In response to Chair Garcia, Ms. Light confirmed a restroom facility is typically located within a
scale house or office building, and in many instances, the vault system is installed just outside
of the scale house. Responding to Commissioner Conway, Ms. Light reiterated it is the
prerogative of the Board whether a permanent water source and sewage facility will be required
at the site. Commissioner Rademacher indicated he supports deletion of the requirement, since
the use on the site will not be occurring full-time, and there will be no structures in which to
install a restroom facility. Commissioner Conway indicated he understands the position of the
other Commissioners; however, he hopes when these types of uses are considered within the
future that staff will apply the same discretion to smaller operations operated by the private
sector. He confirmed he does not want the County to provide the perception that a double
standard is being set. Chair Garcia confirmed he has been involved with at least one previous
decision in which a mining site was allowed relief from these same requirements.
In response to Chair Garcia, the Board concurred with the deletion of Development
Standards #9 and #11. Mr. Bauer indicated Development Standard #18 may not be applicable,
since lighting is not used on the site. He confirmed the headlights on the trucks may be
occasionally utilized; however, there are no buildings located on the site. Mr. Ogle clarified a
Development Standard containing language pertaining to Mr. Bauer's concern was previously
removed from the Resolution, therefore, the issue no longer exists. Mr. Bauer further requested
the deletion of Development Standard #29, regarding the requirement for building permits. In
response to Commissioner Rademacher, Mr. Barker confirmed if buildings were to be
constructed on the site in the future, an amendment to the permit would be necessary. The
Board concurred with the deletion of Development Standard #29. Ms. Light suggested the
deletion of Conditions of Approval #1.H and #2.A, since the Board agreed that a permanent
2009-3357
PL2037
HEARING CERTIFICATION - WELD COUNTY DEPARTMENT OF PUBLIC WORKS
(USR-1716)
PAGE 6
water source and sewage disposal system is not necessary. The Board concurred with the
deletion of Conditions of Approval #1.H and #2.A.
In response to Chair Garcia, Mr. Bauer indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Long moved to approve the request of the Weld County Department of Public
Works for a Site Specific Development Plan and Use by Special Review Permit #1716 for Open
Pit Mining (dry mining — North Pierce Pit) and Materials Processing of Construction Materials 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, as modified. His motion included the deletion of Condition of Approval #1.H,
with the required re -lettering; the deletion of Condition of Approval #2.A, with the required
re -numeration; and the deletion of Development Standards #9, #11, and #29, with the required
re -numeration. The motion was seconded by Commissioner Rademacher. Commissioner Long
expressed his appreciation to Mr. Tucker and Mr. Bauer for working towards a solution on the
issues regarding the flows of the creek. There being no further discussion, the motion carried
unanimously, and the hearing was completed at 11:45 a.m.
This Certification was approved on the 21st day of December, 2009.
ATTEST:
Weld County Clerk to the Bo
BY:
*BOARD OF COUNTY COMMISSIONERS
>IELD COUNTY, COLORADO
Depu Clerk o the Board
Douglas'Radema', er, Pro-Tem
Sean P. Conway
FXCUSFD
Barbara Kirkmeyer
David E. Long
2009-3357
PL2037
EXHIBIT INVENTORY CONTROL SHEET
Case USR-1716 - WELD COUNTY DEPARTMENT OF PUBLIC WORKS
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Planning Commission Summary of Hearing (Minutes dated 12/1/2009)
E-mail re: Clarification of Development Standards #9
D. Planning Staff and #10
E.
G.
H.
K.
L.
N.
O.
P.
Q.
R.
s
T.
U.
V.
W
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF DECEMBER, 2009:
a)„,
§0
§0
jk
e
k/
co \
>1
45
0uj
0
CD - c
/ j\
CD CD CD
§UCD
2
• UJ
0• 00
O 00
PLEASE legibly write or print your name and complete address.
ADDRESS
123 Nowhere Street, City, State, Zip
•
\
\
\-
\
j\
Q
/
y
~
n
§y«%
\%\�•<�y
ris,.
y
\
i%
:
,_,
.
/
\
2
;
\
/
\
\
}<
r---1
{\
;Th
\
!
§
/
R�
g
G
»
Fa
-
®
y
?
>
`
\
\
g
««
~
2�
~
/�
NJ
y,
w]
�,
"
C
j
.
CNIA
\
-
}
\�
§
,<'
K
).
A
\(7—
-
—
7
.
3
1
2
C\'
\
6
2
NI
«
2
/
-.�
/
`
2
I§
\
2f
al
a'c
Z
John Doe
a4
/
2/
\
m
\\:
33'�
c))\
\
\
_
\
w
�\
w,l
Ca
>
®�®
%�
w
)
)
j
/'
u�
&
)
}J
®
>-
)•
Hello