HomeMy WebLinkAbout20091013HEARING CERTIFICATION
DOCKET NO. 2009-24
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1682 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING A
CONCRETE BATCH PLANT, RECYCLED CONCRETE AND GRAVEL MINING, AND
THE IMPORTATION OF MINERAL RESOURCE MATERIAL FROM USR-1608
(HOLTON LAKES), IN THE A (AGRICULTURAL) ZONE DISTRICT - MORTON LAKES,
LLC, CIO READY MIXED CONCRETE COMPANY
A public hearing was conducted on April 29, 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, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Clay Kimmi
The following business was transacted:
I hereby certify that pursuant to a notice dated March 12, 2009, and duly published March 20,
2009, in the Greeley Tribune, a public hearing was conducted to consider the request of Morton
Lakes, LLC, Go Ready Mixed Concrete Company, for a Site Specific Development Plan and
Use by Special Review Permit #1682 for Mineral Resource Development Facilities, including a
Concrete Batch Plant, Recycled Concrete and Gravel Mining, and the importation of mineral
resource material from USR-1608 (Holton Lakes), in the A (Agricultural) Zone District. Bruce
Barker, County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written.
He stated the site is located south of State Highway 52, east of County Road 23, west of and
adjacent to the County Road 25 Section Line, and north of County Road 10. He further stated
the Morton Lakes Pit is proposed to be mined in conjunction with the Holton Lakes Pit, located
directly east, which was approved by the Board in August, 2007, through USR-1608. He
clarified USR-1608 was conditionally approved for a concrete batch plant, recycled concrete,
and gravel mining facility, and a Condition of Approval required that the applicant submit a Flood
Hazard Development Permit (FHDP); however, the entire property west of the South Platte
River is located within the designated floodway, therefore, all previously proposed structures are
disallowed. He confirmed the applicant purchased this parcel, with the intent to transport
minerals mined at the Holton Lake site by a conveyor, to the plant location for this site, which is
outside of the designated floodway. He stated the existing access for the Holton Lakes
property, located on State Highway 52, will be utilized for access to the Morton Lakes property,
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since the access has already received approval from the Colorado Department of
Transportation (CDOT). He gave a brief description of the surrounding land uses, including
several other USR permits within the immediate vicinity, and indicated twelve surrounding
property owners are within 500 feet of the property boundaries. Mr. Ogle stated the City of Fort
Lupton has requested that the applicant consider entering into a non -binding pre -annexation
agreement, to be executed following the completion of mining operations. He clarified the City
of Fort Lupton has indicated a pre -annexation agreement is the best solution, since the transfer
of the property, upon completion of the gravel operations, will fulfill the City's long-term planning
goals. He confirmed the site has historically been planted in crops; however, in January, 2009,
the irrigation rights were removed from the property. He stated 134 of the 180 acres on the site
will be mined in five stages, and the site does contain existing improvements, including a
residence and outbuilding, oil and gas encumbrances managed by Kerr-McGee OhShore, LP,
and Kerr-McGee Gathering, LLC, and an overhead transmission line maintained by the Public
Service Company. He stated the applicant has indicated the site is classified as a dry mine
operation, and up to 30 employees are expected, working in two shifts during daylight hours
from Monday through Saturday. He further stated the applicant has indicated the materials will
be removed utilizing loaders and the conveyor system, in order to move materials to the
processing facility, and reclamation activities will take place concurrent with mining activities,
whenever possible. He clarified the life expectancy of the mine is approximately twenty years,
and the end use of the site will be approximately 3,000 -acre-feet of water storage. He indicated
a majority of the truck traffic will exit the site onto State Highway 52, and then travel east to
U.S. Highway 85. He stated 28 referral agencies reviewed the application materials, seventeen
provided comments which have been addressed within the Conditions of Approval and
Development Standards, and no letters or telephone calls have been received from surrounding
property owners. Mr. Ogle displayed photographs of the site and the surrounding area.
Clay Kimmi, Department of Public Works, stated the site is located south of State Highway 52,
west of U.S. Highway 85, and he confirmed the site will utilize the existing access on State
Highway 52 which was approved for USR-1608. He further confirmed the existing access along
the western side of the property will be utilized by local traffic only, including other utility
providers, etcetera. He stated State Highway 52 currently contains 120 feet of right-of-way, the
most recent traffic count conducted by CDOT indicates an average of 12,700 vehicles per day,
of which approximately 762 are trucks, the posted speed limit is 55 miles per hour, and there
have been four accidents within the past four years. In response to Commissioner Kirkmeyer,
Mr. Kimmi stated the vehicle accident count does not include a vehicle accident which
happened just a couple of weeks ago. Mr. Kimmi stated CDOT is requiring the applicant to
provide acceleration and deceleration lanes, for both east -bound and west -bound traffic, and the
applicant will also be required to provide collateral for all road improvements. He indicated it is
estimated that at full production the facility will employ between 25 and 35 employees, and will
generate up to 650 vehicle trips per day, with approximately 600 of those trips completed by
trucks coming to, and hauling from, the site. He further indicated the facility will operate six
days per week, up to fifteen hours per day. He stated the first 500 feet of the internal drive will
be paved, and the Department is requiring the turning radius to be a minimum of 60 feet. He
confirmed a portion of the site is located within the floodway, therefore, a FHDP will be required,
and the applicant has identified two potential locations for the plant; the preferred area, which is
located within the floodplain, and an alternate outside, outside of the floodplain. He also
described the two locations on the map provided. Mr. Kimmi further confirmed a FHDP will still
be required for either location due to the use of conveyor belts within the mining activity, and the
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historical flow pattern and runoff amounts on the site will be maintained. In response to
Commissioner Kirkmeyer, Mr. Kimmi clarified Conditions of Approval #1.H, #1.1, and #2.B
contain language regarding the required improvements to State Highway 52. Further
responding to Commissioner Kirkmeyer, Mr. Ogle read Condition of Approval #2.O into the
record, indicating the applicant must provide a copy of the access permit and Notice to Proceed
letter, issued by CDOT. Commissioner Kirkmeyer indicated she understands that CDOT will be
responsible for oversight of the road construction, and Mr. Ogle concurred.
Lauren Light, Department of Public Health and Environment, stated potable water will be
provided from a commercial water service, which is allowable for the working face of the mine;
however, the permanent buildings will require a permitted water source since the operation is
not temporary in nature. She clarified the applicant has indicated application will be made for a
commercial well permit, and the existing septic system on the site is sized for use by six people,
therefore, the system must be evaluated, or a new system must be installed. She confirmed
employees may utilize portable toilets at the working face of the mine, and the applicant is
required to provide documentation regarding dust control, design of the truck washout area,
discharge permitting, storage tank permits, drinking water regulations, commercial well
permitting, air permitting, waste handling, and noise control. She clarified the Department has
no outstanding concerns with the application materials.
Mike Hart, Hart Environmental, represented the applicant and introduced the other
representatives in attendance. He reviewed his PowerPoint presentation, marked Exhibit H,
naming the various firms which were involved as contributors for this application, and providing
a brief history of the operations of Ready Mixed Concrete Company. He confirmed an access
on State Highway 52 was approved by CDOT through the application process for the Holton
Lakes Pit, which will be utilized for access to this site. He clarified the access permit approved
by CDOT still requires a Notice to Proceed before any of the required construction
improvements may commence. He clarified the Holton property contains approximately 300
acres, the Morton property contains approximately 180 acres, and the LaFarge Riverbend
mining operation is the surrounding property owner to the south. He reviewed the original
layout for the Holton property within the presentation, indicating the proposed locations for the
primary access, conveyor crossings, stockpiles, berms and landscaping, flood control
structures, and the previously proposed location for the sand and gravel plant, truck washout
area, and scale house and office. He clarified when the applicant began the permitting process
for the Holton property, it was determined that a vast majority of the site was within the
floodway, with portions of the site located within the floodplain, and upon researching the
floodway designation, the applicant was not able to obtain additional information from FEMA.
Mr. Hart indicated 130 of the 180 acres will be mined on the Morton property, and the
operational components previously proposed on the Holton property will be now be located on
the Morton property instead. He confirmed the plant site, including the sand and gravel plant,
concrete plant, and scale house and office, are proposed to be located within the floodplain;
however, an alternate location outside of the floodplain will be utilized if problems arise upon
beginning the permitting process. He indicated all materials from the Holton property will be
transported to the Morton property through a conveyor system, the Holton property will continue
mining operations in the sequence proposed, and he reviewed the stages of the mining
operations for the Morton property, including Stage One, which is the designated location for the
disposal of wash fines from the processing plants. He confirmed a majority of both properties
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will be reclaimed for water storage, and the Holton property will also contain a reclaimed area
for wetlands and wildlife habitat. Mr. Hart reviewed the presented concerns and clarified all of
the stages to be reclaimed for water storage will be slurry -sealed before they are de -watered,
which will eliminate adverse impacts to the groundwater wells. He further clarified the Traffic
Study has determined that two-thirds of the truck traffic generated from the site will travel east
on State Highway 52 to U.S. Highway 85, the maximum truck traffic impact from this site has
been calculated at one million tons of gravel and 50,000 cubic yards of concrete hauled from the
site on an annual basis, for a total of 280 gravel truck trips per day, which equals 3,500 tons per
day, and 140 concrete truck trips per day, which equals 525 cubic yards per day. He indicated
the location of the plant has been located 2,000 feet south of State Highway 52, in order to help
mitigate noise, and due to the extensive use of conveyors on the site and the strategic location
of the stockpiles, the noise on the site is expected to be minimized. He further indicated the
access road will be paved for the first 500 feet, and the unpaved surfaces on the site will be
dust -controlled. He confirmed the water reclamation uses will total approximately
8,000 -acre-feet of water storage between the two sites.
In response to Commissioner Rademacher, Mr. Hart confirmed a meeting was held with the
representatives of the Lupton Bottom Ditch Company, including the ditch rider and board
members, and it was decided during the meeting that the parties will enter into an agreement.
He clarified the agreement includes a requirement that the parties will subsequently enter into a
License Agreement, regarding possible relocation of the ditch and the use of conveyors over the
ditch, and he confirmed both parties are agreeable to the terms of the agreement requiring a
License Agreement. He indicated a board meeting for the Ditch Company is scheduled for the
first week of May, 2009, after which time an agreement will be executed. Commissioner
Rademacher indicated he would have preferred for the agreement to be executed before
today's hearing, and in response, Mr. Hart confirmed the applicant is committed to executing an
agreement prior to recording the plat.
Mr. Hart requested an extension for the required length of time to record the plat, from 60 days
to 180 days. He clarified the applicant will need additional time to execute the required
agreements and file for the proper permits, therefore, the applicant is requesting that the plat be
allowed to be recorded in 180 days. He further clarified many of the permits have already been
granted through the Holton property, and the applicant is hoping that a slight modification of the
existing permits is all that will be necessary for the Morton property. Responding to Chair
Garcia, Mr. Ogle requested the modification of Conditions of Approval #7 and #8 to state "180
days" in the place of "60 days."
Bill Timmons, General Manager, Ready Mixed Concrete Company, expressed his appreciation
to the Board for their time and consideration, and he invited the Board members to tour the
company's current operation outside of the City of Brighton. He confirmed Ready Mixed
Concrete Company takes its business operations seriously, being the best in the business, and
he has been working in conjunction with Mr. Hart for over 30 years in relation to proper
permitting requirements. There being no further discussion, the Chair closed the public input
portion of the hearing.
In response to Chair Garcia, the Board concurred with the modification of Conditions of
Approval #7 and #8 to reflect "180 days", in the place of "60 days." Mr. Ogle requested
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jarbetP. Conway
HEARING CERTIFICATION - MORTON LAKES, LLC, CIO READY MIXED CONCRETE
COMPANY (USR-1682)
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Condition of Approval #1.L be corrected to state 230 kV, in the place of 230,000 kV, and the
Board concurred.
In response to Chair Garcia, Mr. Hart indicated he and the applicant have reviewed, and concur
with, the Conditions of Approval and Development Standards, as modified.
Commissioner Rademacher moved to approve the request of Morton Lakes, LLC, c/o Ready
Mixed Concrete Company, for a Site Specific Development Plan and Use by Special Review
Permit #1682 for Mineral Resource Development Facilities, including a Concrete Batch Plant,
Recycled Concrete and Gravel Mining, and the importation of mineral resource material from
USR-1608 (Holton Lakes), in the A (Agricultural) Zone District, based on the recommendations
of Planning staff and the Planning Commission, with the Conditions of Approval and
Development Standards as entered into the record. His motion included the modifications to
Conditions of Approval #7, #8, and #11, as previously described. The motion was seconded by
Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 12:00 p.m.
This Certification was approved on the 4th day of May, 2009.
ATTEST:
Weld County Clerk to the
BY:
De
APP:%���ASTOFr1yara Kirkmeye
r, Pro-Tem
unty �"�'•'ney EXCUSED DATE OF APPROVAL
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
USR #1682 - MORTON LAKES, LLC, C/O READY MIXED CONCRETE COMPANY
Exhibit Submitted By
A. Planning Staff
Description
Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 04/07/2009)
D. Planning Staff
Kerr-McGee Gathering,
E. LLC
Kerr-McGee Oil and Gas
F. Onshore, LP
Certification and Photo of sign posting
Letter of Concern, dated 04/15/2009
Letter with proposed language amendment, dated
04/22/2009
Letter requesting extension of plat recording deadline,
dated 04/22/2009
G. Hart Environmental
H. Applicant Copy of PowerPoint Presentation
J.
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