HomeMy WebLinkAbout20091412.tiffHEARING CERTIFICATION
DOCKET NO. 2009-34.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT #897 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OPEN PIT MINING AND MATERIALS PROCESSING, INCLUDING
CONCRETE AND ASPHALT RECYCLING, AND A CONCRETE AND ASPHALT
BATCH PLANT FACILITY, IN THE A (AGRICULTURAL) ZONE DISTRICT
AGGREGATE INDUSTRIES - WCR, INC.
A public hearing was conducted on July 15, 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
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, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 15, 2009, and duly published May 22, 2009,
in the Greeley Tribune, a public hearing was conducted on June 17, 2009, to consider the
request of Aggregate Industries - WCR, Inc., for a Site Specific Development Plan and Second
Amended Use by Special Review Permit #897 for a Mineral Resource Development Facility,
including Open Pit Mining and Materials Processing, including Concrete and Asphalt Recycling,
and a Concrete and Asphalt Batch Plant Facility, in the A (Agricultural) Zone District. At said
hearing, the Board deemed it advisable to continue the matter to July 15, 2009, in order to allow
additional time for the applicant to address a Road Maintenance and Improvements Agreement,
a Surface Use Agreement, and the concerns presented by surrounding property owners. At
said hearing on July 15, 2009, Bruce Barker, County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, stated the matter was previously continued, at the
request of the applicant, to allow additional time to address the Surface Use Agreement with
Noble Energy, and the Road Maintenance and Improvements Agreement with the Department
of Public Works. He stated the site is located east of County Road 27, also known as 83rd
Avenue, north and south of County Road 64, also known as O Street, west of County Road 29,
also known as 71st Avenue, and north of the Cache la Poudre River. He further stated the
second amendment to the permit will include an addition of 156 acres, bringing the total acreage
of the site to 470 acres, of which 273 acres will be mined. He indicated the site consists of
irrigated farmland and pasture land, and the majority of the site lies within the 100 -year
floodplain. He further indicated the site also contains riparian areas adjacent to the river, and
current improvements on the site include asphalt and concrete batch plants. He confirmed
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there are several oil and gas encumbrances managed by Orr Energy, LLC, and Noble Energy,
Inc., and several high pressure gas lines are maintained by DCP Midstream.
Mr. Ogle indicated the surrounding properties contain predominantly agricultural and rural
residential use, and he confirmed the Poudre River Ranch PUD (Planned Unit Development),
within the boundaries of the City of Greeley, is located to the south of the site, the Hall -Irwin
batch plants are located west of County Road 27/83rd Avenue, and the Buxman gravel mine
and former Lowell -Paul Dairy facility are located east of County Road 29/71st Avenue. He
further confirmed there are twenty-eight (28) surrounding property owners for the forty (40)
parcels within 500 feet of the USR boundaries. He stated the site will be a dry pit mine
operation, with a maximum of 35 employees working two shifts during daylight hours. He
confirmed the materials extracted north of County Road 64/O Street will be loaded onto a
conveyor system which will transport the materials to the existing processing facility south of the
road. He clarified the conveyor will be constructed and located within a twelve -foot by ten -foot
box culvert underneath County Road 64/O Street. He indicated the reclamation plan for the site
includes lined and unlined ponds, a wetlands area, and a riparian habitat. He stated traffic will
access the site on County Road 27/83rd Avenue, with the primary haul route from the site being
County Road 27/83rd Avenue, south to U.S. Highway 34 Business Route/10th Street. He
further stated a temporary access is proposed on County Road 29/71st Avenue, and will be
closed once mining activities are complete. He confirmed 27 agencies reviewed the application
materials and thirteen provided comments which have been addressed within the Conditions of
Approval and Development Standards. He further confirmed four letters of concern were
received from surrounding property owners, prior to the Planning Commission hearing, and a
letter from Noble Energy, Inc., was provided, indicating concerns with the lack of a Surface Use
Agreement. Mr. Ogle displayed photographs of the site and the surrounding area.
In response to Chair Garcia, Mr. Ogle confirmed the use on the site remains the same, and the
second amendment to the permit is expanding the total acreage. He further confirmed there are
several new requirements listed within the Resolution, regarding the sewer requirements,
access issues, the oil and gas agreement, and issues with the conveyance of the materials
underneath County Road 64/O Street.
Don Carroll, Department of Public Works, stated County Road 27 is classified as a strategic
roadway, which requires 140 feet of right-of-way at full buildout, and it presently contains 60 feet
of right-of-way. He further stated County Roads 64 and 29 are classified as arterial roads, also
requiring 140 feet of right-of-way at full buildout. He clarified the Department is requesting that
the applicant dedicate the necessary future right-of-way instead of requesting that the applicant
reserve the future right-of-way. He clarified the preferred alignment of the new O Street
Corridor was approved in October, 2008, and the future plan for the road is for connection with
Crossroads Boulevard. He stated the most recent traffic counts indicate approximately
1,900 vehicles per day for County Road 64/O Street, and approximately 3,000 vehicles per day
for County Road 27. He further stated the percentage of truck traffic in the surrounding area
ranges from 11 to 15 percent, and he confirmed a significant portion of the truck traffic is related
to the oil and gas industry. Mr. Carroll indicated the conveyor crossing underneath O Street will
move material from the north side of the road, south to the processing plant, which will prevent
trucks from hauling materials across the road. He confirmed the dimensions of the culvert will
be 12 feet x 10 feet x 5 feet, and there are several properties on which conveyors are utilized
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within the County. He further confirmed the applicant has provided drawings of the conveyor;
however, staff has not been presented with details of how the conveyor will exactly fit within the
road. He indicated the applicant is required to provide written notice for the necessary permits
to cross the right-of-way, access permits, and the necessary road closure for construction of the
conveyor will need to be scheduled in advance. Mr. Carroll indicated the existing access on
County Road 27/83rd Avenue was previously upgraded with improvements so that the access
matched the access point for the Hall -Irwin facility, and the road already contains acceleration
and deceleration lanes. He indicated the applicant is proposing to utilize a new temporary
access on County Road 64, next to the proposed conveyor, in order to bring the necessary
equipment to the site. He confirmed the Department is requiring tracking pads, in order to
reduce the potential of tracking mud onto the paved roads, and a new Road Maintenance and
Improvements Agreement will be required. He clarified the previous agreement is from
March, 1999, and updates to the agreement are necessary, since the road status around the
facility has been modified, and the applicant will be constructing the conveyor crossing. He
further clarified a draft agreement has been submitted, and staff is currently working on the
necessary details with the applicant. He indicated 85 percent of the traffic from the site will
travel south on 83rd Avenue to 10th Street, where a new traffic light has recently been installed
in conjunction with intersection upgrades. He further indicated staff has reviewed the submitted
drainage report, and there are no outstanding issues or concerns with the report.
Lauren Light, Department of Public Health and Environment, stated potable water is provided to
the site by the Shark's Tooth Pipeline Company, and the existing septic system is built for use
by up to four people, therefore, an engineer's review is required for the proposed use by
additional employees. She confirmed the applicant must comply with the regulations of the
State, therefore, a Site Plan Application for the septic system may be required; however, the
applicant may utilize portable toilets and bottled water at the working faces of the mine. She
indicated noise will be restricted to the allowable levels within the Industrial Zone District, the
Dust Abatement and Waste Handling Plans have been submitted and reviewed, and an Air
Pollution Emissions Permit and a Stormwater Discharge Permit, both approved by the State,
have also been provided. She confirmed the Department does not have any outstanding
concerns, and she confirmed the applicant has been diligent to provide the necessary
documentation.
Barb Brunk, Resource Conservation Partners, LLC, represented the applicant and stated
several surrounding property owners expressed concerns at the Planning Commission hearing,
and it appears that several may believe that the applicant is in violation of the existing Amended
Use by Special Review Permit. She confirmed the existing permit is in compliance, and the
applicant is now seeking to add additional land to the boundaries of the permit. She clarified the
processing facility and other active portions of the site will remain the same, and mining will be
completed on the existing active area, with reclamation plans in process before the applicant
moves forward with activity occurring on the additional land. She indicated the economy has
changed drastically since the application materials were first filed, and Aggregate Industries
believed a large amount of additional material was necessary when the application was filed;
however, current economic conditions do not warrant additional mining activities at this time.
She reviewed her PowerPoint Presentation, marked Exhibit H, and confirmed Aggregate will
continue to honor the original setbacks agreed upon with neighbors within the original permit.
She further confirmed two properties will be added to the overall boundaries, and the materials
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will be conveyed underneath County Road 64/O Street, to the current location of the processing
facility, therefore, no additional trucks will be added along the roadways. She indicated the
neighbors north of the site have expressed the most concern, and she described the areas
which have been sloped and back -filled on the map provided. She further indicated the areas
reclaimed to upland and the location of stockpiles and silt basin ponds, and indicated the area
which will become wetlands once the mining activities are completed. She confirmed Aggregate
is actively involved in weed control on the site and removing nuisance conditions along the river
corridor.
Ms. Brunk indicated the location of the Goetzel property on the map provided, and clarified there
are concerns regarding the proximity of the mining activities to the residence on the site. She
confirmed the Goetzel property contains significant existing vegetation around the perimeter of
the residence, and due to the setbacks with the existing well operated by Noble Energy, the
additional mining area will be a minimum distance of 300 feet. She further confirmed Aggregate
has constructed a seeded topsoil pile, to act as a berm, which helps to block the noise and
visual impacts, in addition to the existing vegetation. She stated other surrounding property
owners have expressed concerns regarding a berm without seed, and she clarified the berm
was seeded before the Planning Commission hearing, and vegetation does exist on the berm
now. She further stated other concerns regarding trees and vegetation have been brought to
the applicant's attention, and she confirmed the applicant has installed monitoring wells for the
groundwater levels. She clarified the water levels have dropped in the area, and there has been
some indication of trees suffering, due to lack of water; however, the water level drop cannot be
attributed to only mining activities. She further clarified the area is experiencing a 10 -year
drought, and deer have been grazing in the meadow, which is also damaging the trees. She
confirmed the applicant has been working with the surrounding property owners, and has been
pumping water from de -watering operations back into a pond which flows through the properties
of the surrounding property owners. She stated the applicant has a difference of opinion with a
surrounding property owner, regarding the death of various plum trees, since it is believed that
the main root system of a tree is within the top two feet of soil. She confirmed the water level
was well below two feet before mining operations began, and even though the levels have
dropped, the applicant does not believe it has caused damage to the trees. She stated
approximately two years ago, Noble Energy requested cooperation in seeking a location on the
site on which to drill a directional well, so that mining operations would not be affected. She
indicated the site collectively agreed upon, which is located to the west of the current processing
facility, concerns several of the surrounding property owners, and she confirmed a Surface Use
Agreement has not yet been completed. She further confirmed the applicant has been working
with Noble Energy, to ensure the drilling pad will be as low as possible, and to provide perimeter
berming and screening, in order to keep the well the least intrusive as possible. She gave a
detailed explanation of how the water from de -watering operations is channeled across the
various properties through a series of ponds, and she confirmed the applicant has been diligent
to take care of any problems with clogged pipes, etcetera. She clarified the end goal of the
mining operation is to enhance and widen the riparian corridor within the floodplain, and
enhance the site through the use of silt basins and wetlands, and she confirmed the end result
of the amended north boundary will either be a pond or a water storage reservoir, if a need is
presented. She indicated the photographs displayed indicate that wildlife is adaptable, and the
applicant has been very diligent to create a positive wildlife environment.
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Responding to Commissioner Conway, Ms. Brunk indicated the photos within the presentation
were taken in June, 2007. Commissioner Kirkmeyer indicated a letter was provided from Kim
Lawrence, regarding the impact of the de -watering activities on Lake Shiloh, and she
questioned whether the applicant has addressed the concerns presented. Ms. Brunk indicated
Lake Shiloh is a lined reservoir, therefore, if the liner is functioning adequately, the de -watering
activities will not impact the water level. She confirmed when the applicant applies for an
additional well permit, the State Engineer's Office will assess the situation, and will order
correction if it is determined that there is damage occurring. Further responding to
Commissioner Kirkmeyer, Ms. Brunk indicated some vehicles accessing the site may be
crossing an adjacent property owners driveway to access a perimeter road for the facility, which
is located directly adjacent to the driveway.
Further responding to Commissioner Kirkmeyer, Connie Davis, Aggregate Industries, clarified
the site contains an internal road which parallels the driveway leading to the Sears property;
however, the road does not have direct access onto O Street. She indicated vehicles turn on to
the driveway, and then cross over to the internal road, and she only recently been aware of this
situation, when the property owner expressed concerns. She stated she is not sure if the issue
was previously brought to the attention of the plant manager, and she confirmed an access onto
County Road 64/O Street will most likely be requested in the near future. She confirmed the
access will also be utilized by Noble Energy to gain access to the drilling pad site. She
indicated a fence along the driveway may be constructed, and she will continue to request that
vehicles enter the site from County Road 27/83rd Avenue, the main access to the site. In
response to Commissioner Kirkmeyer, she indicated the placement of the access road on the
map provided, and indicated several vehicles which have recently visited the site did not realize
that there is not an access onto County Road 64/O Street.
Ray Sears, surrounding property owner, indicated his property is directly adjacent to the site,
and he confirmed he does own a large amount of property to the east and south of the mining
operations. He confirmed he presented his concerns at the Planning Commission meeting,
which included a concern about tree loss, as a result of the lowered water table. He clarified a
water monitoring well on his property registered approximately 8.8 feet in depth, before any
mining operations began, and the most recent readings indicate a depth of approximately
22 feet. He further clarified he believes he has lost a thicket of plum trees as a result of the drop
of the water level, as well as a significant number of trees in a meadow to the south. He
indicated the placement of the ponds on his property, and confirmed the ponds drain down into
the Poudre River. He indicated drain tiles initially fed the ponds on his property; however, the
water rights were owned by another property owner. He further indicated he does own the
water rights to one of the drain tiles which travels along the driveway, which also flows into a
pond on the site; however, water has not flown down this drain tile for over three years. He
confirmed the tree loss and water fluctuations within the ponds have taken place concurrent with
mining activities occurring on Aggregate's property. Mr. Sears indicated the placement of the
constructed berm, and clarified the berm was left unseeded for approximately three years;
however, the applicant did seed the berm on the day before the Planning Commission hearing
and vegetation does currently exist on the berm, which is helpful. He further clarified he has
been experiencing blowing dirt on his property, from the berm and piles on the site, and his site
has contained a large amount of tumbleweeds at times. He confirmed he would like the
applicant to continue to maintain the berm, and provide water so that the vegetation remains
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healthy. He indicated vehicles have been accessing his driveway on County Road 64, and then
crossing over to the internal road on the site, which he indicated on the photograph provided.
He indicated he recently learned of the plans for Noble Energy to install a drilling pad to the
west of his residence, and the area contains a platform which has recently been built up to
accommodate future oil and gas drilling. He indicated he set up a meeting with representatives
of Aggregate, which was held on June 5, 2009, and during the meeting, he, and his neighbors,
learned about the plans for the drilling rig to be installed. He commended the representatives
for listening to the concerns presented, and for working to resolve the concerns, including
maintaining the pond levels on the surrounding properties. He clarified the ponds contain fish,
because his neighbor, Dave Frye, has been stocking the ponds, and if the water level drops, the
fish will be negatively impacted. He explained the drainage pattern on the property, and
indicated the Poudre River used to travel through his property; however, the Army Corps of
Engineers previously relocated the riverbed in the early 1990's. He clarified Aggregate has
installed a de -watering ditch, and the water is routed to feed the ponds, through a series of
pumps, which provides sufficient water flow when all of the components are working correctly.
He stated many of the issues discussed have been addressed, and he is still negotiating with
representatives regarding the removal of dead trees and the replacement of new trees.
Mr. Sears indicated Noble Energy began negotiations in 2007 to create a platform to set up
drilling operations, and if he had known at that time, he would have provided his input. He
clarified the proposed location of the platform blocks the view from his property, and during the
drilling process, the associated lights and noise will be a nuisance. He further clarified he was
under the assumption that a reservoir would be created to the west of his residence, and he is
not opposed to the drilling operations; however, he believes the platform could be relocated to a
better location. He stated it appears that the traffic to come to the drilling site will cross his
driveway, and then follow the internal road which is located in very close proximity to the Ramos
residence, therefore, he would like the company to be required to provide a Landscape plan to
adequately address buffers for sound and sights. He further stated he has proposed meeting
with representatives from Aggregate Industries on a monthly basis, in order to be more
pro -active regarding communication. He reiterated he was not notified of the proposed drilling
location when discussions began in 2007, and he would like Noble Energy to explore an
alternative route for traffic, as well as an alternative drilling pad, since it is not acceptable to
bring large pieces of equipment onto a privately maintained driveway. He confirmed
representatives have been responsive overall in addressing concerns, and he believes the
company does want the neighbors to be happy, therefore, he believes the remaining
negotiations will be handled positively. In response to Commissioner Conway, Mr. Sears
clarified the water levels dropped a total of twelve feet from December, 2001 to January, 2006,
and a nine -foot drop occurred during the one -month period of December, 2005, to January,
2006, which was the most drastic drop in the water level. Further responding to Commissioner
Conway, Mr. Sears indicated it has been a fairly wet year so far in 2009; however, the water
level has not been restored, and the most recent reports indicate the level is at 22 feet.
Ruth Goetzel, indicated she is a representative for the estate of Corabelle Goetzel, her mother,
which owns the property adjacent to the proposed amended area for gravel mining. She
confirmed her mother wrote a letter of opposition earlier this year, before her death, which is a
part of the record. She read her letter of opposition into the record, marked Exhibit I, describing
concerns regarding noise, dust, and dying trees. She clarified representatives from Aggregate
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Industries previously indicated they would pay for any damage caused by the mining; however,
the representative indicated the trees were old and died a natural death. She expressed her
concerns regarding the decreased value of the property, and in response to Commissioner
Conway, she indicated she is not sure when the before photo was taken; however, the after
photo was taken June 17, 2009.
Susan Aldridge represented Noble Energy and confirmed Aggregate Industries has been
working in conjunction with Noble Energy to obtain a Compatible Use and Surface Use
Agreement. She indicated a draft agreement was submitted to Aggregate in June, 2009,
through a meeting with Ms. Brunk, which was a productive meeting; however, she has not
received any comments regarding the draft agreement back from Aggregate. She further
indicated a proposed Memorandum of Understanding was received on July 6, 2009, along with
some comments regarding the Compatible Use Agreement, and the two parties have not yet
entered into a Surface Use Agreement. She clarified there is no specific objection to the
application, and Noble Energy does anticipate entering into a Surface Use Agreement, which
preferably will be completed before the plat is recorded, as referenced within Condition of
Approval #2.E. She indicated if a Surface Use Agreement is not negotiated between the
parties, Noble Energy will not waive its rights to drill vertical wells. She confirmed Noble Energy
will work in conjunction with Aggregate to address the concerns presented by Mr. Sears. Chair
Garcia expressed his appreciation to Ms. Aldridge for confirming Noble will work to address the
concerns presented by Mr. Sears. Responding to Commissioner Rademacher, Ms. Aldridge
stated the drilling pad is expected to be for multiple wells; however, no wells have been
permitted yet, therefore, the opportunity to provide comment still exists. Commissioner
Rademacher indicated pad sites are typically built up for drilling activities and then removed
after drilling activities have finished. Ms. Aldridge indicated she believes a number of well sites
will be accessed from this drilling pad, and the pad may be established for the drilling rig, and
then impacts to the surface will be minimized once the rig is removed from the property. She
confirmed she will provide more detailed information to Mr. Sears and the Board, if desired, at a
later date. Responding to Commissioner Kirkmeyer, Ms. Aldridge confirmed the parties are still
negotiating access to the drilling pad, and the comments provided by Mr. Sears should be
included with any other comments Aggregate would like to present.
Commissioner Kirkmeyer indicated Noble Energy does not have the right to utilize the driveway
of a private property owner for access to the drilling site, and the company will also be required
to obtain an Access Permit from the County for an additional access onto County Road 64.
Ms. Aldridge clarified the draft agreement did not propose utilizing the access road maintained
by Mr. Sears, she is aware that an Access Permit will be required for the proposed additional
access, and Noble is committed to reducing impacts for the surface owner. In response to
Commissioner Conway, Ms. Aldridge reiterated a specific access has not yet been identified;
however, the access will not utilize the driveway maintained by Mr. Sears, since Noble Energy
has only discussed access on land owned by Aggregate. She indicated the drilling plans are in
the preliminary stages and Noble Energy is simply trying to preserve the ultimate development
rights on the property. She confirmed the location of the drilling pad was developed early in the
process to accommodate the interest of Aggregate, as well as other surface owners, and she
will provide a letter indicating the access point, once it is determined. Commissioner Kirkmeyer
stated in future operations, it will be helpful for Noble to give consideration to the access point
early in the process. She indicated some of the access points proposed by oil and gas
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companies are not in appropriate places, and some are not in safe places. Ms. Aldridge
indicated Noble Energy has provided a concerted effort to do the best by everyone, and will
continue to do so.
Tristi Ramos, surrounding property owner, indicated she previously submitted a letter of
concern, marked Exhibit F, and she has been able to discuss many of her concerns with
representatives of Aggregate, and they have been cooperative in assisting with the concerns
presented. She confirmed she has only recently been made aware of the plans for Noble
Energy to drill near her residence, and she clarified she is a fairly new homeowner within the
immediate community. She indicated she utilizes the driveway which leads to the Sears
residence for access to her home, and the access road on the Aggregate property is in very
close proximity to her residence. She confirmed the access road is noisy and causes
disruptions, since she has small children within her home. Ms. Ramos indicated she would like
Noble Energy to consider another location for access. She clarified she appreciates the trucks
which come to the site to pump water into the ponds; however, they are noisy and visibly
obtrusive. She indicated she would prefer for Noble Energy to consider an entirely different
drilling site; however, if they must utilize the intended area, a new access is definitely
necessary. She reiterated the planned drilling activities create a big concern for her family, and
she hopes Aggregate will continue to reclaim the lands surrounding her property. She clarified
Aggregate is attempting to control weeds on the site; however, weeds are still growing, and if
the company is not going to provide water to the berm, weeds will become a problem there as
well. Chair Garcia requested that Ms. Ramos provide her contact information to Ms. Aldridge
for follow-up.
Pam Frye, surrounding property owner, stated the driveway/access road previously referred to
supports several families, and although she does not own a portion of the road, it is the only
access to her residence. She expressed her concerns regarding the safety of the access road
utilized by Aggregate. She confirmed representatives from Aggregate have been diligent to
restore the pond levels, and for the past ten years she has lived on the property, Ms. Davis has
put forth effort to resolve presented concerns. She further confirmed her husband will be
meeting with Ms. Davis, in the near future, to discuss a permanent solution for the ponds.
There being no further comments, the Chair closed the public input portion of the hearing.
Mike Refer, Aggregate Industries, clarified due to the numerous lakes and wetlands on the
property, the drilling locations for Noble Energy had to be consolidated, and a proposed location
was identified. He confirmed Noble Energy will have to complete the permitting process before
drilling may begin on the site, and the plat map simply indicates a possible drilling location and
easement. He stated representatives have been working with Noble Energy for over two years
to work though all of the various well locations, and now it will be up to Noble Energy to obtain
the necessary permits for drilling. He confirmed it has never been the intent of Aggregate
Industries to utilize the neighbor's driveway as an access road; however, the option still exists to
utilize the access road which is adjacent to the driveway. He clarified the site used to contain a
trout farm, with the necessary water rights, and the previous property owner claimed the seep
rights from the drain tiles. He confirmed Aggregate did purchase the water rights from the
previous surrounding property owner, and it was indicated within the agreement that the drain
tile would be removed since the use of the trout farm was discontinued. He further confirmed
the previous property owner reserved the right to have to the water rights taken to Water Court,
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in order for the use of the water rights to be modified. He indicated the neighbors could band
together to seek the water rights through a Change of Use. He explained the State Engineer's
Office has allowed Aggregate to utilize de -watering flows to be pumped to the neighboring
properties to try and increase the water table level.
Ms. Brunk confirmed the neighbors have been good to work with, and both sides may not agree
on everything; however, Aggregate agrees to disagree on some points. She indicated
representatives have worked with the Department of Public Works to prepare a draft agreement
since the previous hearing, and Aggregate is ready to move forward.
Ms. Brunk indicated she previously received clarification from staff for Criteria of Approval #2.e,
regarding the impact fees, which will apply to the construction of buildings on the site, and not
the construction of the conveyor system. She requested a modification to Conditions of
Approval #1.E, #1.F, #1.G, and #1.1, so that the applicant will only be required to indicate the
reservation of future right-of-way on the plat, and not be required to dedicate the future
right-of-way. She confirmed at the time that the County deems that the additional right-of-way is
necessary, the property owner will work with the County regarding the purchase of the
necessary right-of-way. She clarified the intersection improvements at U.S. Highway 34 and
County Road 27 have been completed, as referenced within Condition of Approval #2.A, and
the current Improvements Agreement indicates a pro -rated share for improvements will be
based on traffic figures; however, the State of Colorado has already provided the necessary
improvements, therefore, there is not a burden for Aggregate to provide improvements at this
time. She requested clarification for Condition of Approval #3.C, regarding what a SWWP Plan
is, and for Condition of Approval #3.E, indicating the first sentence should most likely read,
"There will be limited access to the amendment area north of "O" Street...". Following
discussion between Mr. Ogle and Ms. Davis, it was determined the text within Condition of
Approval #2.C should state, "...and the approved Stormwater Management Plan (SWMP)...".
Ms. Brunk questioned whether staff could determine additional hours of operation, as
necessary, of if the Board would have to review a request, as referenced within Development
Standard #25. She indicated the language within Development Standards #40 and #41 is
similar to the situation she previously described concerning Criteria of Approval #2.e, and she
requested clarification from staff that impact fees will not be charged for the conveyor crossing.
In response to Chair Garcia, Mr. Carroll indicated the applicant's interpretation of Criteria of
Approval #2.e and Development Standards #40 and #41 is correct since the conveyor crossing
will not be considered to be a structure, therefore, no impact fee will be collected. Responding
to Commissioner Kirkmeyer, Mr. Carroll confirmed if the applicant were to build a future
structure on the site, the impact fee would be applicable. Mr. Carroll further indicated he will
defer the matter of the reservation of future right-of-way versus the dedication of future
right-of-way to the County Attorney. He clarified it is common to request dedication on strategic
roadways. Mr. Barker indicated he is not sure what is intended by the language within the
Resolution. David Bauer, Department of Public Works, indicated it is the position of the
Department that the O Street alignment has been determined and adopted, and it is Department
policy to obtain dedication of the necessary right-of-way on the recorded plat. Responding to
Commissioner Kirkmeyer, Mr. Bauer confirmed the original USR permit did not require
dedication of right-of-way; however, it did require a reservation of future right-of-way.
Commissioner Kirkmeyer stated Mr. Bauer indicated it is a policy of the Department to require
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dedication of right-of-way on strategic roadway; however, she is not sure this statement is
correct. Mr. Bauer clarified the Department has recently been handling strategic roads in this
manner, and it is not exactly a policy.
In response to Commissioner Rademacher, Mr. Barker clarified that a reservation of
right-of-way is basically a setback requirement, and dedication gives the County the right to
build improvements associated with the road without the landowner being provided payment for
the additional right-of-way. He further clarified the County has the ability, through the platting of
subdivisions or PUDs and various USR permits, to require a developer to dedicate the
necessary right-of-way for road improvements. He indicated the requirement is usually based
upon the future use of the right-of-way, and if the off -site improvements will be required to be
completed by the developer. He further indicated the determination can also come from the use
of the property, and if trucks are utilizing the right-of-way, it needs to be dedicated. He clarified
the adoption of the O Street Alignment indicates that the right-of-way may be extended at some
point in the future, and the Department of Public Works is requesting dedication of additional
right-of-way, as they know there is a good chance that the right-of-way will be necessary at
some point in the future. He confirmed it is the Board's discretion whether the applicant is
required to provide dedication of the right-of-way through this Resolution, or, the County will
compensate the applicant for the right-of-way at the time it is decided that the right-of-way is
necessary to construct improvements to the road.
Commissioner Conway indicated the required dedication will be taking right-of-way from the
applicant upfront. Mr. Barker indicated the County will not be necessarily "taking away"
right-of-way from the applicant, rather, the Board must determine whether the use of the land
will create the need for additional right-of-way to ensure the safety of the traveling public. He
clarified the O Street study was approved with the understanding that the road alignment may
never be built, and the idea was that the future alignment of the road should be delineated on
future plats. Ms. Brunk indicated she understands land dedication is typically associated with
subdivisions, in which the use will create a burden on the County transportation system;
however, the end use of this property will be open space and ponds. She confirmed the Road
Maintenance and Improvements Agreement adequately addresses the direct impacts during
mining activities, and the applicant does not have concerns regarding delineating the setbacks
on the recorded plat through reservation of right-of-way, and whoever owns the land in the
future should be compensated for the additional right-of-way.
In response to Chair Garcia, Commissioner Conway indicated reservation of the right-of-way
accomplishes what is needed for the long-term transportation plans, and it is appropriate to
compensate a landowner when right-of-way is acquired. Chair Garcia indicated he views the
dedication of right-of-way as a donation of right-of-way. Commissioner Kirkmeyer indicated she
believes the applicant should only be required to reserve the necessary right-of-way. She
further indicated there have been instances in the past where dedication was required because
the company was required to provide improvements on the road for access to the site, and she
does not believe dedication is appropriate in this instance. Mr. Barker suggested eliminating the
word "dedicated" from the third sentence of Conditions of Approval #1.E, #1.F, and #1.G, to
state, "An additional 40 feet shall be delineated on the plat as future County Road (27/64/29)
right-of-way', and the deletion of the word "dedicated" from Condition of Approval #1.1. He
clarified there have been discussions in the past regarding the word "reserved" and staff has
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since been using the word "delineated", which accomplishes the same intent. Responding to
Commissioner Kirkmeyer, Mr. Bauer clarified the last sentence of the referenced Conditions of
Approval indicates that the applicant is required to verify the existing right-of-way, and then
reserve an additional 40 feet of right-of-way, on their side of the road, outside of the existing
right-of-way. Commissioner Kirkmeyer suggested the addition of the word "existing" to the sixth
sentence of Conditions of Approval #1.E., #1.F, and #1.G, to state, "If the existing right-of-way
cannot be verified, it shall be dedicated."
Ms. Brunk indicated the original right-of-way is a reservation of 30 feet, and now staff is
requesting that the applicant verify that the previous 30 feet is dedicated, and that an additional
40 feet be reserved for future right-of-way, therefore, a 70 -foot setback will occur from the road.
She clarified the applicant recently worked with the County on a separate project, and the
County purchased the necessary right-of-way through a cooperative effort, therefore, the
company is requesting to be compensated appropriately for the necessary future right-of-way at
this site. She confirmed the existing right-of-way is 30 feet on both sides of the centerline,
which has already been documented through a previous survey, and is delineated on the
existing USR plat. Following discussion among Mr. Barker, Ms. Brunk, and Commissioner
Kirkmeyer, Mr. Bauer clarified the existing USR plat indicates 30 feet of reserved right-of-way,
which staff would like to be converted as dedicated right-of-way since the roads are already in
existence and are being utilized. He further clarified the additional 40 feet may be marked on
the plat as reservation for future right-of-way, and at the time it is necessary to complete
improvements on the road, staff will work out details regarding the purchase of the necessary
right-of-way with the current landowner. Responding to Mr. Barker, the Board concurred with
the modifications to Conditions of Approval #1.E, #1.F, #1.G, and #1.1, as previously indicated.
In response to Chair Garcia, Mr. Carroll clarified when the Resolution was first drafted,
construction at the intersection of County Road 27 and U.S. Highway 34 Business had not
commenced; however, the improvements are now almost completed. He confirmed the
language within Condition of Approval #2.A should remain within the Resolution to address
future improvement needs. The Board concurred with no modification to Condition of
Approval #2.A, and further concurred with the modification of Condition of Approval #3.C to
indicate a "Stormwater Management Plan (SWMP)." Commissioner Kirkmeyer requested
deletion of the word "alternate" from the first sentence of Condition of Approval #3.E, and the
Board concurred. Responding to Chair Garcia, Ms. Kirkmeyer confirmed only the Board of
Commissioners may grant changes to the hours of operation for gravel mining, therefore, there
is no modification necessary for Development Standard #25. She further confirmed the
testimony previously provided by staff has clarified that the construction of the culvert will not be
subject to the impact fees referenced within Development Standards #40 and #41.
Commissioner Kirkmeyer questioned whether the perimeter of the site contains fencing, and
why there is not a fence adjacent to the driveway maintained by Mr. Sears so that trucks do not
use his driveway as an access road. In response, Ms. Brunk confirmed the current USR permit
does not require fencing; however, there is fencing around the pasture. She further confirmed if
fencing is made a requirement of this amendment, the applicant will work with the landowners to
come up with a good solution. Further responding to Commissioner Kirkmeyer, Ms. Brunk
confirmed the DMRS permit and Weed Management Plan require that the berm be maintained;
however, the berm is not required to be watered, since it is planted in dryland grass. In
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response to Chair Garcia, Ms. Brunk indicated she has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as amended.
Commissioner Rademacher moved to approve the request of Aggregate Industries - WCR, Inc.,
for a Site Specific Development Plan and Second Amended Use by Special Review Permit
#897 for a Mineral Resource Development Facility, including Open Pit Mining and Materials
Processing, including Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant
Facility, 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 amended. His motion included the deletion of the word "dedicated"
from the third sentences, and the addition of the word "existing" to the sixth sentences of
Conditions of Approval #1.E, #1.F, and #1.G to state, "...An additional 40 feet shall be
delineated on the plat as future County Road (27/64/29) right-of-way... If the existing
right-of-way cannot be verified, it shall be dedicated."; the modification of Condition of Approval
#1.1, to state, "All existing and delineated future rights -of -way for County Roads 27, 64, and 29
shall be noted and placed on the plat."; the modification of Condition of Approval #3.C to state,
"The applicant shall provide a copy of the approved NPDES permit and the approved
Stormwater Management Plan (SWMP) to the Department of Planning Services."; and the
deletion of the word "alternate" from the first sentence of Condition of Approval #1.E to state,
"There will be limited access to the area north of "O" Street (County Road 64) for equipment and
employees." The motion was seconded by Commissioner Kirkmeyer, and she expressed her
appreciation to the applicants for working with the surrounding property owners to resolve
concerns. She confirmed it is possible to make concessions and it appears that the applicant is
committed to continuing working with its neighbors in the future. Commissioner Conway
expressed his appreciation to the surrounding property owners for speaking at today's hearing,
and to the applicants for working in conjunction with the neighbors. Commissioner Rademacher
encouraged Noble Energy to work with the surrounding property owners and do whatever is
necessary to help address their concerns. There being no further discussion, the motion carried
unanimously.
With permission from Chair Garcia, Ms. Aldridge indicated she was able to research previous
agreements, and the proposed language within the agreement states, "During Aggregate's
development of the surface of the property, and at all times thereafter, Aggregate shall, at all
times, provide Noble access to the oil and gas operations areas and pipeline easements though
the location of that access may vary from time to time, in accordance with the needs and
progress of such surface development. The initial 30 -foot -wide working, and 20 -foot -wide
permanent access roads shall be located as depicted on Exhibit A." She clarified she would like
the record to reflect that Aggregate will control the access to the site, as the surface owner, and
when Noble Energy begins development on the property, in many years, if the access is located
on property owned by someone other than Aggregate, Noble will work with the surface owner to
create the least amount of impact. She confirmed she has received contact information from
those surrounding property owners in attendance today.
There being no further discussion, the hearing was completed at 11:55 a.m.
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This Certification was approved on the 20th day of July, 2009.
ATTEST:
Weld County Clerk to the
BY:
Deputy Cler o the Board
D AS TO
county Attoey
BOARD OF COUNTY COMMISSIONERS
WELD co NFl`Y, COLORADO
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Rademac er, Pro -Tern
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Sep P. Conway
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David E. Long
2009-1412
PL0687
EXHIBIT INVENTORY CONTROL SHEET
Case 2ndAmUSR-897 — AGGREGATE INDUSTRIES, WCR 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 June 2, 2009)
D. Noble Energy Letter of Concern, dated June 1, 2009
Memo re: and Letter from Applicant Requesting
E. Planning Staff Continuance, dated June 17, 2009
Francisco and Tristi Letter of Concern, dated June 17, 2009, and
Ramos photographs
Letter of Concern, dated December 29, 2008, and
Corabelle Goetzel photographs
Applicant Copy of PowerPoint Presentation
Ruth Goetzel Letter of Concern, not dated
Memo re: Modifications to Resolution, dated July 16,
J. County Attorney 2009
K. Public Works Staff Memo re: Drainage Report, dated June 30, 2009
Updated Memo re: Drainage Report, dated July 15,
L. Public Works Staff 2009
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