HomeMy WebLinkAbout20091399.tiff•
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: 2ND AMUSR-897
APPLICANT: Aggregate Industries WCR Inc (Riverview Resource)
PLANNER: Kim Ogle
REQUEST: 2n° AmUSR-897- A Site Specific Development Plan and Second Amended
Use by Special Review Permit for Mineral Resource Development, 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.
LEGAL DESCRIPTION: The W2SW4 and Part of Lot A of RE -247 being part of the E2SW4 Section
29, T6N, R66W. All that part of the N2 and the N2S2; A portion of the
E2NE4 of Section 32, T6N, R66W together with a parcel in the SW4 NW4 of
Section 33, T6N, R66W also known as Lot B, RE -1539; together with a
parcel in NW4 SW4; and Lots A and B of RE -978 being the NW4NW4 of
Section 33, T6N, R66W; part of the NE4 of Section 32, T6N, R66W; and a
parcel of land in the SE4 NE4 of Section 32, T6N, R66W all in of the 6th
P.M., Weld County, Colorado.
LOCATION: North and south of CR 64, West of CR 27; South of the Union Pacific
Railroad.
be recommended favorably to the Board of County Commissioners for the following reasons:
The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development
of mineral resources." The proposed use would be compatible with surrounding properties
which include agricultural lands, river bottom lands and floodplain designated lands.
Further, Colorado State Statute § 34-1-305 addresses the preservation of commercial
mineral deposits for extraction.
(1) "After July 1, 1973, no board of county commissioners, governing body of any
city and county, city, or town, or other governmental authority which has control
over zoning shall, by zoning, rezoning, granting a variance, or other official action
or inaction, permit the use of any area known to contain a commercial mineral
deposit in a manner which would interfere with the present or future extraction of
such deposit by an extractor."
(2) "After adoption of a master plan for extraction for an area under its jurisdiction, no
board of county commissioners, governing body of any city and county, city, or
town, or other governmental authority which has control over zoning shall, by
zoning, rezoning, granting a variance, or other official action or inaction, permit
the use of any area containing a commercial mineral deposit in a manner which
would interfere with the present or future extraction of such deposit b an
extractor."
2009-1399
•
•
•
Resolution 2nd AmUSR-897
Aggregate Industries WCR Inc (Riverview Resource)
Page 2
(3)
"Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any
other governmental authority which has control over zoning from zoning or
rezoning land to permit a certain use, if said use does not permit erection of
permanent structures upon, or otherwise permanently preclude the extraction of
commercial mineral deposits by an extractor from, land subject to said use."
(4) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or other
governmental authority which has control over zoning from zoning for agricultural
use, only, land not otherwise zoned on July 1, 1973."
(5)
"Nothing in this section shall be construed to prohibit a use of zoned land
permissible under the zoning governing such land on July 1, 1973."
(6) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental authority from acquiring property known to contain a commercial
mineral deposit and using said property for a public purpose; except that such use
shall not permit erection of permanent structures which would preclude permanently
the extraction of commercial mineral deposits."
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural
Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific
Development Plan and an Amended Special Review Permit for a Mineral Resource
Development facility including open pit gravel mining and materials processing including
concrete and asphalt recycling, and a concrete and asphalt batch plant facility in the A
(Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The site consists of irrigated farmland and pasture land
with a majority of the site located within the 100 -year floodplain. There are riparian areas
composed of wetland and woody plant material adjacent to the Cache La Poudre River.
There are improvements in the form of the concrete and asphalt batch plants on the site.
Surrounding property uses include farmland and rural residential developments to the
north, east and west. The Orr Minor Subdivision (Rocky Road) is directly south of County
Road 64 and one half mile east of County Road 27; to the south is the Poudre River
Ranch residential PUD within the City of Greeley's Corporate City Limits. West of County
Road 27 (83rd Avenue) is an existing Hall -Irwin asphalt and concrete batch plant
(AmUSR-1125), and to the east of County Road 29 (71st Avenue) is the Buxman gravel
mine (USR-900) and the former Lowell -Paul Dairy.
Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The surrounding property is primarily agricultural in nature. An existing sand
and gravel operation exists to the west. Bracewell PUD is located to the north. The City of
Greeley and the Cache La Poudre River are located adjacent to the south. Compatibility with
surrounding land uses will be assured by setbacks, noise limitations, landscaping measures
and Conditions of Approval and Development Standards. The City of Greeley in their referral
dated December 12, 2008 and updated referral of May 14, 2009 requested that the applicant
discuss the location of the access to the conveyor crossing; reclamation of the land near the
•
•
•
Resolution 2nd AmUSR-897
Aggregate Industries WCR Inc (Riverview Resource)
Page 3
river; and mining proximity to ensure integrity of the Greeley sewer line. The Town of
Windsor returned a referral dated November 17, 2008 indicating no conflict with their
interests and the Town of Severance did not return a referral.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County
Code. The proposal is located within the Flood Hazard Overlay District area as delineated on
FIRM Community Panel Map #080266-0608D and 080266-0609D dated September27, 1991
for the Floodplain. An amended Flood Hazard Development Permit number AmFHDP-359
has been submitted and is conditionally accepted by the Department of Public Works.
Building Permits issued on the Lots will be required to adhere to the following fees.
Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Storm
water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The property to be mined
contains no "Prime" agricultural lands, thus, no prime farm land will be taken out of
production with this proposal. The subject site is primarily classified as other land as
delineated on the Important Farmlands of Weld County map, dated 1979. Section 22-5-
80A.1.CM.Policy 1.2. states "Conserve lands which contain commercial mineral deposits
("aggregate") for potential future use in accordance with State law." No County governmental
authority which has control over zoning shall, by zoning, rezoning, granting a variance or
other official action or inaction, permit the use of any area known to contain a commercial
mineral deposit in a manner which would interfere with the present or future extraction of
such deposit by an extractor.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County Code),
Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval,
and Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
Section 23-4-250 -- Additional requirements for Open -mining has been addressed through
this application and the Development Standards will insure compliance with Section 23-4-250
Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. The plat shall be amended to delineate the following:
A. The location of any on -site signs in compliance with the Weld County Code. (Department of
Planning Services)
B. The location of all utility easements and utility corridors. (Department of Planning Services)
C. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall be
delineated on the plat. (Department of Planning Services)
•
•
•
Resolution 2nd AmUSR-897
Aggregate Industries WCR Inc (Riverview Resource)
Page 4
D. Setbacks to the mining operation are measured from the right-of-way or future right-of-way
lines plus the standard setback of 20 feet in the agricultural zone district. No structure will be
allowed in the future right-of-way. A slurry wall or retaining wall is considered a structure.
(Department of Planning Services)
E. County Road 27 (83rd Avenue, Two Rivers Parkway) is designated on the Weld County Road
Classification Plan as a Strategic roadway, which requires140 feet of right-of-way at full build
out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the
plat as future dedicated County Road 27 right-of-way. All setbacks shall be measured from
the edge of future right-of-way. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of Public Works)
F. County Road 64 is designated on the Weld County Road Classification Plan as a Major
Arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60
feet of right-of-way. An additional 40 feet shall be delineated on the plat as future dedicated
County Road 64 right-of-way. All setbacks shall be measured from the edge of future right-of-
way. The applicant shall verify the existing right-of-way and the documents creating the right-
of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained
by Weld County. (Department of Public Works)
G. County Road 29 (715' Avenue) is designated on the Weld County Road Classification Plan as
a Major Arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future
dedicated County Road 29 right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This
road is maintained by Weld County. (Department of Public Works)
H. The "O" Street Arterial Corridor Study, (October 2008) identifies Alternate C as the approved
alignment, which extends "O" Street (County Road 64) directly west through the intersection.
This alignment should be shown on the plat drawing and identified as the approved
alignment. (Department of Public Works)
All rights -of -way for County Road 27, County Road 64 and County Road 29 shall be noted
and placed on the plat drawing as future dedicated right-of-way. (Department of Public
Works)
Prior to recording the plat:
A. The applicant shall address the requirements of the Department of Public Works, as stated in
their referral responses dated December 24, 2008 and December 29, 2008. Unresolved
issues include the requirements of the new temporary access point from County Road 29, the
State Highway 34 and County Road 27 intersection improvements, and the updated
Maintenance and Improvements Agreement. Also, requested amendments to the Drainage
Report dated September 23, 2008. Evidence of approval with all conditions met or mitigated
shall be submitted in writing to the Department of Planning Services. (Department of Public
Works)
The applicant shall address the requirements of the Department of Public Health and
Environment, as stated in their referral response dated December 12, 2008. Evidence of
approval with all conditions met or mitigated shall be submitted in writing to the Department of
Planning Services. (Department of Public Health and Environment)
•
•
•
Resolution 2nd AmUSR-897
Aggregate Industries WCR Inc (Riverview Resource)
Page 5
C. The applicant shall attempt to address the requirements of the Windsor Severance Fire
Protection District, as stated in their referral response dated November 25, 2008. Evidence
of applicant's attempt to address the requirements shall be submitted in writing to the
Department of Planning Services. (Windsor Severance Fire Protection District)
D. The applicant shall attempt to address the comments of the City of Greeley, as stated in their
referral response dated December 12, 2008 and the updated electronic mail referral of May
14, 2009. Evidence of such shall be submitted in writing to the Department of Planning
Services. (City of Greeley)
E. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." Section 22-5-100.A OG.Policy 1.1 of the Weld County Code states
"...encourage cooperation, coordination and communication between the surface owner and
the mineral owner/operators of either the surface or the mineral estate." Section 22-5-
100.B.8 OG.Policy 2.8 of the Weld County Code also states "oil and gas drilling activities
should be planned to accommodate current and future surface activities to the extent such
development can be reasonably anticipated" The applicant shall either submit a copy of an
agreement with the property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site or show evidence that
an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. (Department of Planning Services)
F. The existing septic system (SP -0100206) shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a
technical review describing the systems ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the system is found
to be inadequately sized or constructed the system shall be brought into compliance with
current Regulations. (Department of Public Heath and Environment)
G. With the reclassification of the roadway and the new alignment study, the Department of
Public Works recommends a redraft the original agreement dated March 15, 1999, to bring
this document to a more current status. Public Works will provide Aggregate Industries with a
new draft copy for review and signature. (Department of Public Works)
All maps and documents, including the Drainage Report submitted for the case file and also
for recording shall be signed and dated and stamped by a professional engineer licensed to
practice in the State of Colorado. (Department of Public Works)
The applicant shall complete an Improvements Agreement according to policy regarding
collateral for improvements. The agreement and form of collateral shall be reviewed by
County Staff and accepted by the Board of County Commissioners prior to recording the 2"
1-1
Amended USR plat; or, the applicant may submit evidence that all the work has been
completed and approved by County staff. (Department of Planning Services)
3. Prior to Operation:
A. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing a wet stamp of a Colorado registered architect of
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required. (Department of Building Inspection)
•
•
Resolution 2nd AmUSR-897
Aggregate Industries WCR Inc (Riverview Resource)
Page 6
B. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
C. The applicant shall provide a copy of the approved NPDES permit and the approved SWWP
plan to the Department of Planning Services. (Department of Public Works)
D. The conveyor crossing being approximately 12 feet wide by 10 feet tall with 5' of cover under
"O" Street (County Road 64) extending beyond the future right-of-way/alignment limits. The
two-week notice prior to obtaining a Right -of -Way Permit and Construction of the crossing for
notice of road closure shall be required. Contact Amy Burry, Public Works, to obtain the
appropriate permit and to schedule road closures. A message board shall be placed at the
appropriate two locations advising motorist utilizing this roadway to expect closure and to
seek alternate routes. (Department of Public Works)
E. There will be limited access to the alternate area north of "O" Street (County Road 64) for
equipment and employees. Both sides of the access point will have a tracking pad installed,
may also be used intermittently for short-term hauling of overburden to portions of the mining
area on the south side of the street and used for reclaiming. The second temporary access
will be located along 71st Avenue, (County Road 29) for internal mining set up as well as
access for equipment and employee excavation activities. Both temporary access points
shall have tracking pads, coordinated with Amy Burry and a Right -of -Way permit assigned to
both locations with appropriate signing and notification, if needed. (Department of Public
Works)
Prior to Construction:
A. The applicant shall address the requirements of the Department of Building Inspection, as
stated in their referral response dated November 25, 2008. Evidence of approval with all
conditions met or mitigated shall be submitted in writing to the Department of Planning
Services. (Department of Building Inspection)
B. The applicant shall post adequate collateral for all required materials. The form of collateral
shall be reviewed by County Staff and accepted by the Board of County Commissioners or
the applicant may submit evidence that all work has been completed and approved by County
Staff. (Department of Planning Services)
5. The Second Amended Special Review activity, on the amendment properties, shall not occur nor shall
any building permits be issued on the property until the Special Review plat is ready to be recorded in
the office of the Weld County Clerk and Recorder. (Department of Planning Services)
6. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Second Amended Special Review Plat prior to recording. The completed plat shall be delivered to
the Weld County Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 190 days of approval by the Board of County Commissioners.
(Department of Planning Services)
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the Second
Amended Special Review Plat not be recorded within (180) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
Motion seconded by Tom Holton.
Resolution 2nd AmUSR-897
Aggregate Industries WCR Inc (Riverview Resource)
Page 7
VOTE:
•
For Passage
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Mark Lawley
Nick Berryman
Against Passage Absent
Erich Ehrlich
Roy Spitzer
Paul Branham
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 2, 2009.
Dated the 2nd of June, 2009.
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Aggregate Industries — Riverview Resource
2nd AMUSR-897
A Site Specific Development Plan and a Second Amended Special Review Permit for a Mineral
Resource Development facility including open pit gravel mining and materials processing including
concrete and asphalt recycling, and a concrete and asphalt batch plant facility in the A (Agricultural)
Zone District and subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the "waste handling plan". (Department of Public
Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the dust abatement plan at all times. (Department of Public Health and
Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
10. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and
Environment)
11. Portable toilets may be utilized on sites that are temporary locations of the working face and portable
processing equipment, etc. for up to six months at each location. (Department of Public Health and
Environment)
12. Bottled water shall be provided to employees at the temporary locations of the working face at all
times. (Department of Public Health and Environment)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Sharkstooth Water) (Department of Public Health and Environment)
S
Resolution 2nd AmUSR-897
Aggregate Industries WCR Inc (Riverview Resource)
Page 9
14. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
15. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner in accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public
Health and Environment)
16. The applicant shall obtain a storm water discharge permit from the Colorado Department of Public
Health & Environment, Water Quality Control Division, as applicable. (Department of Public Health
and Environment)
17. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining Safety. (Department of Public Health and Environment)
18. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
19. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public
Health and Environment)
al 20. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health and Environment)
21. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
22. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing
and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency. (Department of Public Health
and Environment)
23. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Department of Planning Services)
24. Lighting provided for security and emergency night operation on the site shall be designed so that the
lighting will not adversely affect surrounding property owners in compliance with Section 23-3-360.f of
the Weld County Code. (Department of Planning Services)
25. The hours of operation for sand and gravel operations are limited to the hours of day light except in
the case of public or private emergency or to make necessary repairs to equipment. Hours of
operation may be extended with specific permission from the Weld County Board of County
Commissioners. This restriction shall not apply to operation of administrative and executive offices or
repair and maintenance facilities located on the property. (Department of Planning Services)
26. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the reclaimed
areas. (Department of Planning Services)
•
•
Resolution 2nd AmUSR-897
Aggregate Industries WCR Inc (Riverview Resource)
Page 10
27. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180. (Department of Public Works)
28. All traffic utilizing the existing processing area will continue to use the existing main access point off of
83rd Avenue (County Road 27) with the primary haul routes being on 83m Avenue South to State
Highway 34 Business and North/West to County Road 27, East to County Road 31 (Haul
Route).(Department of Public Works)
29. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate a velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
30. The site must take into consideration storm water capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
31. If any work associated with this project requires the placement of dredge or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent, in waters of the
United States which may include streams, open water lakes and ponds or wetlands at this site, the
Department of the Army, Corps of Engineers shall be notified by a proponent of the project for proper
department of the Army permits or changes in permit requirements pursuant to Section 404 of the
Clean Water Act. (Department of Planning Services)
32. The landscaping on site shall be maintained in accordance with the approved Landscape, Screening
and Berm Plan. (Department of Planning Services)
33. A building permit shall be obtained prior to the construction or placement of any structure such as a
scale, concrete and asphalt plant, office, concrete casting facility, recycling plant, office trailer and any
other structures placed on the parcels. An electrical permit will be required for any electrical service
to equipment. A plot plan shall be submitted when applying for building permits showing all structures
with accurate distances between structures, and from structures to all property lines. (Department of
Building Inspection)
34. A plan review is required for each building for which a building permit is required. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Department of Building Inspection)
35. Buildings shall conform to the requirements of the current building regulations that have been adopted
at time of building permit application, or the 2006 International Building Code and Chapter 29 of the
Weld County Code, as amended. (Department of Building Inspection)
36. Each structure set on a foundation will require an engineered foundation based on a site -specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department of
Building Inspection)
37. Building wall and opening protection and limitations and the separation of buildings of mixed
occupancy classifications shall be in accordance with the Building Code. Setback and offset
distances shall be determined by the Weld County Code. (Department of Building Inspection)
•
•
•
an objection letter to the County dated May 26, 2009 entitled "Notice of Oil and Gas Interests Owned by
Anadarko Land Corp and Anadarko ENP Company LP An Objection". He stated that they would like to make
the objection letter a part of the record in these proceedings.
Anadarko entities also sent a letter dated May 26, 2009 to Chris Gathman in which they waived not having
receiving timely notice of this hearing. He noted that Anadarko Land Corp is not objecting to the application
because of hard rock minerals interests that it owns for the property. The objection is limited to the oil and gas
interests that the Anadarko entities own for the property. The oil and gas interests are subject to an
exploration agreement between Anadarko and Rubicon Oil and Gas LP pursuant to which Rubicon has a right
to drill oil and gas wells on the property and earn an oil and gas lease. The Colorado Oil and Gas Commission
rules and regulations provide for four (4) drilling windows in a quarter section where the property is located.
Anadarko regularly works with developers to reach agreements for the compatible development of the surface
estate and oil and gas estate. Mr. Bell stated that they have already begun discussions with the Berndt's on
this property and feel very comfortable that they will reach an agreement with them.
Anadarko feels that to reach an agreement they understand that the Berndt's will stipulate on the record to an
agreement with Anadarko as a condition to the approval of the application.
Mr. Bell requested that the County include as a condition for the approval of the application that the applicants
and the Anadarko entities reach an agreement for the compatible development of the surface estate and the
oil and gas estate. He reiterated that they all feel comfortable that they can get this worked out with no
problems.
Seeing no further public testimony, the Chair closed the public portion.
Commissioner Ochsner clarified with Mr. Gathman that the stipulation is included in the condition of approval.
Mr. Gathman replied that the standard language is included in the resolution.
The Chair asked the Planning Commissioners if they wish to have this case pulled from the consent agenda.
No one wished to speak.
The Chair read the following case into record.
CASE NUMBER: 2ND AMUSR-897
APPLICANT: Aggregate Industries WCR Inc (Riverview Resource)
PLANNER: Kim Ogle
REQUEST: 2n° AmUSR-897- A Site Specific Development Plan and Second Amended
Use by Special Review Permit for Mineral Resource Development, 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.
LEGAL DESCRIPTION: The W2SW4 and Part of Lot A of RE -247 being part of the E2SW4 Section
29, T6N, R66W. All that part of the N2 and the N2S2; A portion of the
E2NE4 of Section 32, T6N, R66W together with a parcel in the SW4 NW4 of
Section 33, T6N, R66W also known as Lot B, RE -1539; together with a
parcel in NW4 SW4; and Lots A and B of RE -978 being the NW4NW4 of
Section 33, T6N, R66W; part of the NE4 of Section 32, T6N, R66W; and a
parcel of land in the SE4 NE4 of Section 32, T6N, R66W all in of the 6th
P.M., Weld County, Colorado.
LOCATION: North and south of CR 64, East of CR 27; South of the Union Pacific
Railroad.
Kim Ogle, Planning Services, stated that they wish for this case to remain on consent. He added that staff
has received two (2) letters from surrounding property owners and feels that they have been addressed
through the conditions of approval and development standards.
The Chair asked if the applicant wishes for this case to remain on the consent agenda. The applicant
indicated yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
3
•
•
•
Kim Davis, 30856 Rocky Road. Ms. Davis commented that she resides in the Orr Minor Subdivision. The
research that she did online indicates that they may be mining right up to her property lines on the east side of
the subdivision. She added that if that is the intent, there is an agreement with this company that says they will
not do that and it is on file with the County and State.
Dave Goetzel, 13451 CR 64, Greeley, CO. Mr. Goetzel commented that his property is surrounded by the
mining operation. It currently is being mined on the other side of County Road 64 and will completely surround
his property. This is an agricultural area and the noise, dust, etc. will make it impossible to have any kind of
livestock. He added that it will drastically reduce the price of the property and the heritage of what it is. He
commented that he is opposed to this application.
Ray Sears, 13644 CR 64. Mr. Sears commented that he sent a letter on Friday. He wished to make a
correction to the second paragraph in which it states that the east and south property line border the gravel
pits being presently mined. He stated that it should have read the west property line.
Mr. Sears wished to reiterate the points in his letter. Their greatest concerns are the redirection of surface and
underground water that has taken place as a result of disruption to underground drain tiles that naturally drain
water through his property. That water fed some ponds that he has on his site as well as the site next to him.
Ultimately it dumps out into the Poudre River but historically they did have this drain tile connected.
Mr. Sears commented that Aggregate has provided them with an underground water pipe which supplies
water to those ponds right now; however if there is a disruption in the pumping then his water levels go down.
He added that they have fish in that pond and it would put them in jeopardy.
The berms that surround the gravel mining are a bit of an eye sore. The last three years it has been a real
cause of blowing sand and dirt. The berm line that is on the west part of his driveway provides a really nice
wind tunnel that funnels tumble weeds down into their property.
In Aggregates defense, Mr. Sears commented that they did some hydro seeding on those berms yesterday.
He added that unfortunately it implicates that those berms were there for a while and will continue to be there.
He commented that in talking with an Aggregate representative today it was confirmed that until business
picks up there won't be the necessary reclaiming of knocking that berm down.
The biggest devastation to his property has been the loss of trees that surround his property. He pointed out
that the cause of the destruction of these trees is obviously the lowering of the water table significantly.
The Chair interrupted Mr. Sears and asked if there were any Planning Commissioners who wished to have this
case pulled from the consent agenda to be heard. Robert Grand and Nick Berryman stated that they would
like to hear this case. The Chair commented that they will hear this case after Item B on the Hearing Agenda.
Robert Grand moved to approve the amended Consent Agenda including AmUSR-954 and AmUSR-1105 and
that they be forwarded to the Board of County Commissioners along with the Conditions of Approval and
Development Standards with the Planning Commission's recommendation of approval, seconded by Tom
Holton. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1684
APPLICANT: Zapien Brothers Concrete
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a
Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone District (Parking and Storage for a Concrete
Company) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part NE4 Section 25, T1 N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Grace Av, North and South of Frederick Street;
Townsite of Wattenberg
4
•
•
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Commissioner Holton stated that he believes that requiring the commercial well permit is an undue burden
considering the use. He added that he would like to eliminate the conditions for the well and septic system.
Commissioner Hall agreed with Mr. Holton and added that when you have guests at your home it typically
would be greater than the amount of customers. He understands staffs position as they have to abide by
regulations; however their job is to allow variances for these specific cases.
Commissioner Holton asked staff if amending conditions of approval 1.G, 1.H and deleting Development
Standards 16 and 17 cover their intentions. Ms. Light suggested adding "(portable toilet)" after "facilities" in
Development Standard 15. Ms. Light suggested deleting the first sentence in Development Standard 16 but
keep the remaining language so that way if they sell the property in the future it notifies the new buyers that if
they do anything to the septic system they have to get a permit.
Mark Lawley moved to delete Conditions of Approval 1.G, 1.H, Development Standard 17, and the first
sentence in Development 16, seconded by Robert Grand. Motion carried.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Tom Holton moved that Case USR-1697 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, absent; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Mark Lawley,
yes; Roy Spitzer, absent; Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously.
The Chair called a recess at 2:26 p.m. and reconvened the meeting at 2:36 pm.
The Chair read the next case into record.
CASE NUMBER: 2ND AMUSR-897
APPLICANT: Aggregate Industries WCR Inc (Riverview Resource)
PLANNER: Kim Ogle
REQUEST: 2nd AmUSR-897- A Site Specific Development Plan and Second Amended
Use by Special Review Permit for Mineral Resource Development, 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.
LEGAL DESCRIPTION: The W2SW4 and Part of Lot A of RE -247 being part of the E2SW4 Section
29, T6N, R66W. All that part of the N2 and the N2S2; A portion of the
E2NE4 of Section 32, T6N, R66W together with a parcel in the SW4 NW4 of
Section 33, T6N, R66W also known as Lot B, RE -1539; together with a
parcel in NW4 SW4; and Lots A and B of RE -978 being the NW4NW4 of
Section 33, T6N, R66W; part of the NE4 of Section 32, T6N, R66W; and a
parcel of land in the SE4 NE4 of Section 32, T6N, R66W all in of the 6th
P.M., Weld County, Colorado.
LOCATION: North and south of CR 64, East of CR 27; South of the Union Pacific
Railroad.
Kim Ogle, Planning Services, stated that this application is for 2o° AmUSR-897 for open pit gravel mining and
materials processing including concrete and asphalt recycling, and a concrete and asphalt batch plant facility
in the A (Agricultural) Zone District. The applicant's are Connie Davis and Mike Refer, represented by Barb
Brunk of Resource Conservation Partners, LLC, consultants.
The site is located generally east of and adjacent to County Road 27 (83rd Avenue); north and south of and
adjacent to County Road 64 ("0" Street); west of County Road 29 (71st Avenue) and north of the Cache La
8
Poudre River.
•
•
•
The proposal is within the three mile referral area for the City of Greeley and the Towns of Severance and
Windsor. The City of Greeley in their referral dated December 12, 2008 and updated referral of May 14, 2009
requested that the applicant discuss the location of the access to the conveyor crossing; redlamation of the
land near the river and mining to ensure integrity of the Greeley sewer line. The Town of Windsor returned a
referral dated November 17, 2008 indicating no conflict with their interests and the Town of Severance did not
return a referral.
The site consists of irrigated farmland and pasture land with a majority of the site located within the 100 -
year floodplain. An amended Flood Hazard Development Permit number AmFHDP-359 has been
submitted and is conditionally accepted by the Department of Public Works addressing all issues
associated with the Cache La Poudre Floodplain. There are riparian areas composed of wetland and
woody plant material adjacent to the Cache La Poudre River. There are improvements in the form of the
concrete and asphalt batch plants on the site.
Surrounding property uses include farmland and rural residential developments to the north, east and
west. The Orr Minor Subdivision, located on Rocky Road, is directly south of County Road 64 and one
half mile east of County Road 27; to the south is the Poudre River Ranch residential PUD within the City of
Greeley's Corporate City Limits. West of County Road 27 (83rd Avenue) is an existing Hall -Irwin asphalt
and concrete batch plant (AmUSR-1125), and to the east of County Road 29 (71st Avenue) is the Buxman
gravel mine (USR-900) and the former Lowell -Paul Dairy.
The applicant is proposing to install a vegetated berm adjacent to the permit boundary. There are several
rural residences in the general vicinity. Per the application materials, there are twenty-eight property owners
on 40 parcels within 500 feet of this application.
The amendment to this permit includes an additional 156 acres bringing the total acreage to 470 acres of
which 273 acres will be mined. There are numerous oil and gas encumbrances managed by Orr Energy
LLC and Noble Energy, Inc. and several high pressure gas lines maintained by DCP Midstream among
others.
The applicant, Aggregate Industries, have indicated that this will be a dry pit mine operation which they will
operate. There will be a maximum of 35 employees working two shifts during daylight hours Monday
through Saturday.
The materials mined will be moved using front end loaders and a conveyor system that will transport the
resource to the existing processing facility located south of County Road 64 and east of County Road 27.
Conveyance of mined material from lands north of County Road 64 will be via a 12 foot by ten foot in
height box culvert under County Road 64.
Site reclamation will conform to the requirements of the MLRB Permit. Reclamation activities will be
concurrent with the mining operation to minimize the area of disturbance of the site as much as possible.
Impacts to the wildlife habitat will be minimized during mining. The reclamation plan is for unlined and
lined ponds, upland wetlands bank and riparian habitat. The proposed reclamation plan is in harmony with
the goals of the 1998 Greeley Open space System Plan.
The applicant proposes that all traffic enter and exit the property onto County Road 27 (83rd Avenue) and
proceed north or south. The primary haul route will be from County Road 27 (83rd Avenue) to State
Highway 34 (10th Street). A temporary access is proposed along County Road 29 (71st Avenue) and will
be closed post mining.
Aggregate Industries has indicated that noise levels will comply with the requirements of the Weld County
Department of Public Health and Environment. All activities will be regulated by (MSHA), the Mine Safety
and Health Act and (OSHA) the Occupational Safety and Health Act.
Twenty-seven (27) referral agencies reviewed this case; thirteen (13) agencies responded with eleven
agencies providing comments with the remaining agencies not responding.
9
•
•
•
There has been four items of correspondence received from surrounding property owners; Corabelle
Goetzel penned a letter dated December 29, 2008 with concerns of the mining operations relative to her
property. She requested a setback of 200 feet, thereby protecting her from noise, dust and relief from
negative impacts. Alternatively she would be open to selling her property at a fair price.
Charles Cannon in a letter dated December 30, 2008 expressed his objections and identified concerns.
Mr. Cannon inquired as to why an Environmental Impact Study was not conducted; why a sand mine was
permitted in the agricultural zone district and concerns of property valuation for his residence and for the
environment adjacent to the Poudre River.
Kim Lawrence of Lind Lawrence & Ottenhoff in an undated letter without enclosures, received
electronically on Thursday May 28, 2009 spoke of concerns with the Bracewell PUD lake and the effects
of dewatering on this lake, thereby depleting the water in the lake.
Ray and Sally Sears in a letter dated May 28, 2009 held concerns of noise, dirt and invasion of their
property through the use of their residential driveway without permission. Other concerns addressed
include the destruction of the 12 acre woods and trees surrounding the residence, the rerouting of
underground water supplies, and the method of mining and reclamation occurring on the Aggregate
property.
The Department of Planning Services recommends approval of this application to the Planning
Commission with the attached Conditions and Development Standards.
Commissioner Ochsner asked to clarify the request of the second amendment to this application. Mr.
Ogle stated that the existing facilities and the uses for this permit are the same as during the original USR;
however this second amendment increases the amount of land to be mined by 156 acres. He added that
the applicant intends to mine out the area south of County Road 64 and then come across County Road
64 as the last phase of the application.
Commissioner Holton asked if these pits are going to be sealed. Mr. Ogle referred the question to the
applicant.
Barb Brunk, Landscape Architect, Resource Conservation Partners, PO Box 1522, Longmont Colorado.
Ms. Brunk commented that the commitment for the setback from the adjacent subdivision remains in
place. Therefore the mining limits have not changed.
Ms. Brunk commented that Aggregate Industries has an existing long-standing working relationship with
Mr. Sears and rather than go through his issues individually they would like to be able to meet with him
before the Board.
Ms. Brunk stated that the existing application remains active and in place. All of the facilities will stay in
place; the idea is to add resource. The material from the additional sites will be conveyed to the existing
operation. Traffic patterns will stay the same so that it stays with the existing operation.
Ms. Brunk showed on a visual slide that some land north of County Road 64 will be added to the permit as
well as the corner of County Roads 29 and 64. This site will be mined in phases. The applicant will finish
cell 3. She indicated that that particular site is reclaimed approximately two thirds of the way. There is a
pile of material in the middle of the cell that has yet to be mined. The pile of material which Mr. Sears was
speaking about on the eastern edge of the site is topsoil that has been segregated to put back in the hole
once reclamation is complete. Aggregate needs the overburden from that mineral resource in the center
of that hole to put that slope back. So that is why that pile of dirt is still there. Ms. Brunk commented that
with what is going on with the economy they are not pulling as much material out of that site as they have
historically, but hopefully when that turns around that will be the first part to finish. Aggregate actively
pursues concurrent mining and reclamation.
Ms. Brunk commented that with regard to the Goetzel's concerns, as they go forward and by the time they
get to mining beside them the area south of the road will be reclaimed. Therefore they will have mining on
10
•
•
•
one side of their property and on the north side of their property there is an existing oil and gas facility so
there is an additional 300 foot setback because of the circle for oil and gas development. She added that
they have planned to put some seeded berms between the active mining area and their yard to the west
which is the best visual and sound barrier. When it is finished it will be a lake front lot.
Ms. Brunk stated that they agree with staff recommendations. She added that there are a couple of items
in which they would like to talk to Public Works about prior to the Board of County Commissioners
hearing. These items include Condition of Approval 2.A. She commented that they wanted to let the
Planning Commissioners know that they are working with Public Works on that.
In addition, Ms. Brunk commented that for all of the County Roads where the County has requested
additional right-of-way they are requesting a reservation rather than a dedication because those are
regional transportation corridors and this property is going to end up as open space so it would seem
reasonable that at the time the person who needs the regional transportation corridor wants the land and
they may be able to compensate the landowner for that. Therefore they would like to talk to the Board
about that at some point in the future.
In addition, Item 2.1 the County has requested that prior to recording the plat collateral is put up for that
box culvert under the highway; they are requesting that is put aside until the building permit. They will not
disturb the road until they put that in. It is very expensive for the applicant to put up a letter of credit for
something that may not be built for two years. Therefore they request that item gets pushed to prior to
issuance of building permit for the box culvert that will go under the road to convey the material.
Ms. Brunk answered Mr. Holton's question and said that the ponds are not lined. They left the opportunity
for the pond on the north with the option with the MLRB to line or not line it. At this point it is shown as an
unlined pond but they did want to have the ability to line it in the future so that if anyone comes along and
wants water storage there it will be lined facility.
Commissioner Hall asked if the property north of County Road 64 will be a pond. Ms. Brunk replied yes.
Mr. Hall asked if there are any plans in addressing the neighbors concerns about their water level. Ms.
Brunk commented that before mining on a piece of property they install monitoring wells so they establish
a really good baseline of where the groundwater is before they start mining. In addition to that they
monitor all wells during the mining process. She added that they do not anticipate that they will impact
them but if they do there is a standard setup through the DRMS permit to address those issues.
The Chair asked Public Works for any comments.
Don Carroll, Public Works, commented that County Road 27 is a strategic roadway and at full build -out will
be 140 foot right-of-way. He added that County Road 64 (O Street) is a major arterial. There is a new O
Street corridor which was approved in October 2008 and future plans show that it connects to Crossroads
Boulevard by the Budweiser Event Center to 1-25. 71st Avenue is an arterial road with 140 foot right-of-
way at full build -out.
The proposal is to put the conveyor under the road in a box culvert and move the material from the north
to the south. Mr. Carroll indicated that there are attached conditions of approval that when the box is
installed there will be some electronic bulletin boards notifying the public that the road will be closed
temporarily to make that installation.
Mr. Carroll commented that there is a current Maintenance Agreement and they are requesting the
applicant to renew a new Maintenance Agreement because of the O Street corridor plans and the
additional requirements on widening the rights -of -way. He added that they will be meeting with the
applicant prior to the Board of County Commissioners hearing to work out redrafting the Road
Maintenance Agreement.
Commissioner Holton referred to Condition of Approval 1.F and asked about the difference of reserved
and dedicated. Mr. Barker said that reserved is used to show on the plat that it is there and in essence, it
requires the County to purchase it at a later date. Dedication is typically required where as part of the
11
•
•
•
development that dedicated right-of-way is going to be necessary.
Commissioner Holton asked for legal advisement for Condition of Approval 2.1. Mr. Barker agreed with
the request. He added that there have been a number of situations where we have been holding collateral
and have been asked to release it because they are not doing anything right now. So making the
collateral at the time of issuance of building permits would be logical and fair to the applicant.
Mr. Holton asked if condition 2.1 could be moved to 4.B. Mr. Barker replied yes.
Tom Holton motioned to move Condition of Approval 2.1 to 4.8, seconded by Mark Lawley. Motion carried.
Don Dunker, Public Works, commented that the applicant has submitted a drainage report to address all
the off -site flows and they will be handled by using swales to go around the site and then the swales will go
into the pit and then will be pumped to the river.
There are two Flood Hazard Development Permits. The original permit dealt with the old site. The
amended Flood Hazard Development Permit addresses the new mining site and is based on the 2003
Army Corps of Engineer Study of the Cache La Poudre River from the City of Greeley. Both are approved
and they show no impact.
From the mining operation the topsoil and overburden stockpiles will be placed outside of the floodplain.
The material that is actually mined will be stored on the south part of the site. They will use the conveyor
to go under County Road 64 and stockpile it in the same areas as before.
Lauren Light, Environmental Health, commented that Sharktooth Pipeline Company supplies the water
and there is an existing septic permit for four people so they will need to have it evaluated for the 35
employees. She added that they can use portable toilets and bottled water at the working face of the mine
because those are temporary uses.
Noise is restricted to the industrial zone limit. Dust Abatement and Waste Handling Plans were submitted
with their application and have been approved. The applicant has also submitted an Air Emissions Permit
from the State and a discharge permit from the State.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ray Sears, 13644 CR 64. Mr. Sears commented that his property is located east, north and a little south of
the present gravel mines. He expressed that his major concern is the lowering of the water table because
their property has been dramatically affected by that. He indicated that Aggregate Industries has provided him
readings of their test pits since they were drilled in 2001. He commented that in looking back through some of
the readings he understands now why some of his trees have died.
Mr. Sears stated that the readings for test pit #4 started with 15.9 feet water level below surface of ground and
in 2005 and 2006 it dropped down to 32.5 feet. Test pit #5 started at 8.86 feet water level and in 2008 it is
now 13.6 feet lower than it was. Test pit #6 which borders the west part of his property has fluctuated from 4
feet below ground surface to 9 feet. As a result, they have lost approximately 70% of a little thicket next to test
pit #5. They had a pasture surrounded by trees and he estimated that 70% to 80% of those trees are now
dead. He added that it is pretty pertinent that the water level affects their trees.
Mr. Sears commented that he is very interested in talking with Aggregate Industries about how they can help
him restore what has been lost but to also talk about the process of reclamation. Mr. Sears expressed that
they have had a berm along his driveway that is topsoil and was just seeded yesterday after three years.
When the wind storms pick up they have had a lot of blowing dirt and sand.
Mr. Sears commented that originally he didn't have an objection to having a gravel pit in his backyard. In 1999
when this was first proposed he saw in the future that this would improve his land with regard to his property
value. In retrospect, it has done damage up to this point. If mitigation is being proposed it needs to be
followed through with.
12
•
•
•
Mr. Sears stated that over the last two to three years he has seen very little reclamation to the south of them
and the ongoing mining that is taking place to the north and west of them. They have noticed that the
operations for Aggregate Industries have ground to a halt and to expect that reclamation is going to take place
when money is not being generated by the operation is questionable. He would like to see some kind of
ongoing reclamation.
Commissioner Grand asked if the original USR approved in 1999 included a reclamation declaration
addressing the water issue. Mr. Sears stated that he could not recall. Mr. Grand said that we are looking to
proceed for an amendment when we haven't seen the provisions of meeting the original USR. He expressed
concern to have the first addressed before looking at the second. Mr. Sears agreed.
Commission Lawley asked if there are provisions in the USR that would allow him to come back to the County
and file a complaint because they have not met the provisions of the original USR. Mr. Ogle stated that is
correct. Mr. Lawley stated that would be a direction for Mr. Sears to go back to the County and get those
issues addressed. Mr. Ogle commented that he could file a complaint with the County or the State. Mr. Sears
commented that they are here today because of the proposed expansion. He added that they have been
patient awaiting reclamation to take place and haven't raised a lot of fuss about it although they see the
ongoing death to the trees. What really prompted him to attend today was the anticipation that there will be
future development when existing development is not being taken care of.
Stewart Klady, 30867 Rocky Road. Mr. Klady stated that he is concerned with the ground water and dust
abatement and noise. He inquired as to how they will be transporting the material from the east pit to the
existing batch plant. He understands that they have talked about the conveyor under the road; however no
one has addressed the issue from the east pit.
The Chair closed the public portion of the meeting.
Ms. Brunk commented that the material from the eastern gravel mine will be conveyed across the river back
into the site. There will be no truck traffic as it is another conveyor system. She added that there is an
existing easement in place. She further added that they will need a building permit for that and will come
forward as they proceed with that mining.
Ms. Brunk stated that she understands Mr. Sears concerns about ground water because those issues are
serious. There have been a lot of research on where the feeder roots of trees are; they are in the top 12 to 18
inches of the soil. She added that there maybe a root system that is an anchor and stabilizes those trees, but
where the roots collect moisture is in the top 12 to 18 inches. Prior to mining on this site, the groundwater was
below the level of those trees.
Ms. Brunk commented that in the last five years it has been very, very dry and there is a place on this river
right near this piece of property that's a zero point in the river when the Greeley Canal starts irrigating they
take the water; therefore the hydrology of that area is also drastically transformed at the time of irrigation.
Connie Davis, Aggregate Industries, 131 N 35th Ave, Greeley CO. Ms. Davis clarified that there was a
groundwater mitigation and monitoring plan associated with the previous amendment. At that time the bigger
issue was the concern of whether or not there would be a rise in the groundwater levels because the original
plan called for some of the upper cells to be lined reservoirs and he was concerned that there might be a
mounding effect when they put the compacted clay liner in. That plan was geared more to if the water table
rose to within 18 inches of the water surface.
Ms. Davis stated that the more current plan developed over the years address broader issues surrounding
dewatering as well as mounding and shadowing effects of slurry walls and addresses decreases in
groundwater levels. Typically if the groundwater level drops more than a couple of feet we look into the issue
to try and determine if mining is the significant factor in that reduction in the groundwater level.
Ms. Davis added that the mitigation that they have proposed and progressed over the past three years was to
divert some of their dewatering water into a pond and a pipe to feed those ponds. She added that they
continue to do that. They are doing intermittent work there and have not completely ceased operations at this
site so they need to keep it dewatered. Ms. Davis commented that where they are mining now they have done
13
concurrent reclamation.
•
•
•
The Chair asked the members of the Planning Commission if they had any comments or questions.
Mr. Barker referred to the change on Condition of Approval 2.1. He thought he got carried away with moving
that to prior to construction as he believes all they wanted to do was postpone the posting of collateral and not
the Improvements Agreement. That is something we typically do prior to recording the plat. He added that we
wouldn't require the collateral at that time but it is typically a matter of making certain that we get those things
lined out as to what is going to be constructed.
Ms. Brunk said that it was fine to move it; however she feels that the specifics of how much it will cost to build
it they won't know until it is designed. She added that as long as an agreement can be worked out that says
that there is no issue of posting the collateral after the fact. She commented that she believes they just need
to work out the language with Public Works on how they do the agreement. Mr. Barker commented that he
would like to have the agreement prior to recording the plat but in the agreement itself we can give some
flexibility to exactly how big it would be and that can be postponed until the time before we issue the building
permits and the posting of the collateral.
Mr. Barker recommended moving back the first sentence to 2.1 to read "The applicant shall complete an
Improvements Agreement according to policy regarding collateral for improvements", and then keep the
remaining language as condition 4.B.
Robert Grand moved to have staff and the applicant work out a new 2.1 and 4.b, seconded by Tom Holton.
Motion carried.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement with the
exception of discussing the matter of reservation and dedication at the Board of County Commissioner
hearing.
Commissioner Grand expressed that the surrounding property owners have an expectation on the original
USR and from their perspective that hasn't been fulfilled. He feels that a sincere effort by Aggregate would be
appropriate to address their concerns.
Commissioner Ochsner commented that he has some of the same concerns as well. He isn't sure if
Aggregate has fulfilled all the requirements in the original USR and then now they are asking for expanding
their operation and are now willing to negotiate. He doesn't like business that way and wishes some of their
promises would have been followed through with.
Commissioner Lawley agreed with the previous comments. He added that he believes that there is a
provision for the landowners under the original USR to go back and address their concerns by filing a
complaint with the County or the State.
Mark Lawley moved that Case 2n° AmUSR-897 be forwarded to the Board of County Commissioners along
with the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Tom Holton.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, absent; Erich Ehrlich, absent; Robert Grand, yes with comment; Bill Hall, yes;
Mark Lawley, yes; Roy Spitzer, absent; Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously.
Commissioner Grand commented that he is concerned with the way Aggregate worked to solve the issues
with the landowners consistent with their original USR agreement.
Commissioner Ochsner urged Aggregate Industries to work closer with the neighbors. He does believe that
some damage has been done and urged the public to file some complaints as they can help you.
The Chair called a recess at 3:52 p.m. and reconvened the meeting at 3:46 p.m.
14
Hello