HomeMy WebLinkAbout20082704.tiff HEARING CERTIFICATION
DOCKET NO. 2008-69
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1660
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OPEN PIT
MINING AND MATERIAL PROCESSING, IN THE A(AGRICULTURAL)ZONE DISTRICT-
DUST AND DIRT EXCAVATING, LLC, C/O DARWIN DERR, C/O BROKEN ARROW
INVESTMENTS, LLC
A public hearing was conducted on October 1, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated September 12, 2008, and duly published
September 19, 2008, in the Greeley Tribune, a public hearing was conducted to consider the
request of Dust and Dirt Excavating, LLC, do Darwin Derr, do Broken Arrow Investments, LLC,
for a Site Specific Development Plan and Use by Special Review Permit #1660 for Mineral
Resource Development Facility, including open pit mining and material processing, in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Michelle Martin, 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. She
stated the site is located east of Balsam Avenue, and north of State Highway 263. She gave a brief
description of the surrounding land uses, and each of the Use by Special Review (USR) Permits
within the surrounding area. She indicated the municipal limits for the City of Greeley are to the
south of the site, and there are ten property owners within 500 feet of the site. She further
indicated one letter has been received from a surrounding property owner, expressing concerns
regarding digging activities which are occurring at the site. She stated the applicant has indicated
that no operations will take place on the site until the USR Permit is approved, and staff has
determined the mining operations will be compatible with surrounding uses. Ms. Martin stated the
site is located within the three-mile referral area for the City of Evans, and the Towns of Garden
City and Kersey, all which indicated no concerns on the provided referral responses, and the City
of Greeley, which recommended approval as long as the applicant addresses ecological, growth,
and mineral extraction, reclamation, fire, and water resource concerns. She clarified the applicant
has indicated they intend to work with the City of Greeley on the named concerns. She indicated
twenty referral agencies reviewed the request, and fifteen provided comments which have been
addressed within the Conditions of Approval and Development Standards. She displayed a map,
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HEARING CERTIFICATION - DUST AND DIRT EXCAVATING, LLC, C/O DARWIN DERR, CIO
BROKEN ARROW INVESTMENTS, LLC (USR#1660)
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indicating there are currently no improvements on the site, and she further displayed photographs
of the site and the surrounding area. In response to Chair Jerke, Ms. Martin indicated Balsam
Avenue is also known as County Road 41.5. She indicated a portion of the site lies within the
floodplain, and the applicant is working with the Department of Public Works to obtain a Flood
Hazard Development Permit for any operations which will occur within the floodplain. Ms. Martin
provided a memorandum, marked Exhibit G, which requests several additions to the Conditions
of Approval, and she confirmed the applicant has been made aware of the proposed changes. In
response to ChairJerke, Ms. Martin indicated the matter was placed on the Planning Commission's
Consent Agenda, therefore, it is recommended with unanimous approval. Responding to
Commissioner Garcia, Ms. Martin stated Condition of Approval#1.M indicates the applicant must
attempt to address the requirements and concerns of the City of Greeley, because the site is not
located within an Intergovernmental Agreement (IGA) area, and staff is comfortable that the
applicant will work with the City regarding the concerns presented. She clarified if the applicant is
not able to come to a complete agreement regarding the concerns,the project will not be prevented
from moving forward. Further responding to Commissioner Garcia, Ms. Martin confirmed the
requirements requested by the City are not excessive. In response to Chair Jerke, Ms. Martin
clarified the Greeley-Weld County Airport Authority provided a referral response, requesting the
applicant provide information regarding any night work to be completed, due to the need of
additional lighting.
Don Dunker, Department of Public Works, stated the site access is on Balsam Avenue, which is
a local gravel road, requiring 60 feet of right-of-way at full buildout. He indicated the traffic counts
from October, 2006, indicated an average daily traffic (ADT) count of 70 vehicles, and at full
production, the site will contribute a total of 45 additional truck trips per day, six days per week.
He confirmed the applicant is required to provide dust abatement along Balsam Avenue
approximately two to five times per year, as determined by the Department. He stated the
Department has suggested that the applicant work in conjunction with the owner of the existing
gravel pit to the west (USR #690) in order to coordinate proportional share costs for dust
suppression. He indicated the Department is requiring that the first 100 feet of the internal roadway
be paved, with the installation of a double cattle guard, in order to reduce mud on the road. He
stated the applicant is currently in the process of completing an updated traffic study, and a copy
of the study will be provided to the Department, including the triggers and timing of the necessary
improvements to Balsam Avenue and the access to the site. He reiterated a portion of the site lies
within the floodplain, therefore, the Department will required a Flood Hazard Development Permit.
He confirmed the applicant may store stockpiles outside of the floodplain.
Lauren Light, Department of Public Health and Environment, stated bottled water and portable
toilets will be provided for employees at the working face of the mine and within the processing
area. She stated the scale house will utilize water from a well and sewage disposal will be handled
through a vault system, which is allowed through Individual Sewage Disposal System (I.S.D.S.)
Regulations. She indicated an Air Pollution Emissions Notice (APEN) may be required from the
State, and the Department is requesting the applicant provide a Dust Abatement Plan, Waste
Handling Plan, and Noise Control Plan. She requested the last sentence of Development
Standard#8 be moved to become the last sentence of Development Standard#7, as the language
was mistakenly placed within the wrong Development Standard. She confirmed the Department
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HEARING CERTIFICATION - DUST AND DIRT EXCAVATING, LLC, C/O DARWIN DERR, C/O
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has no outstanding concerns with the application. Responding to Chair Jerke, Ms. Light indicated
water to the site will be provided through a well; however, bottled water will be provided to the
employees. She clarified the Resolution contains a Condition of Approval which indicates the
applicant must provide documentation of a permanent water source.
J.C. York, J and T Consulting, Inc., represented the applicant and stated the sand and gravel mine
will contain a portable processing facility,which means the processing facility may be moved within
the mined area to extract sand and gravel with dozers and loaders. He clarified the USR boundary
will include approximately 39 acres; however, the mining area will encompass approximately
32 acres, and the storage area for overburden and topsoil stock piles will be placed outside of the
floodplain area. He clarified the applicant anticipates the mining activities will begin slowly,and the
stockpiles generated from the processing facility will be removed from the site on a daily basis. He
indicated the materials will mostly be utilized for road base, therefore the piles will be small, and
loaded on trucks and removed from the facility daily. Mr. York indicated the first phase of mining
will be to a depth of six feet, over an area of 28 acres, and he confirmed groundwater will not be
exposed within the first phase,therefore a Substitute Water Supply Plan will not be necessary. He
indicated once the first phase is completed, which is expected to take approximately two to three
years, a slurry wall will be installed around the perimeter of the pit so that de-watering and mining
activities will not be taking place at the same time. He clarified a Substitute Water Supply Plan will
be submitted for the de-watering activities,and after construction of the slurry wall, monitoring wells
will ensure mounding and/or shadows are not occurring at the pit. He clarified adequate mitigation
measures will be enacted in order to equalize the water table around the pit. Mr. York stated
landscaping is proposed along Balsam Avenue,through installation of trees and/or a berm,and the
Landscaping Plan will be finalized before the plat is recorded. He stated the applicant is working
towards operating agreements with the oil and gas companies,the plat will contain alternate drilling
pads, and the well in the center of the property may need to be moved. He indicated the applicant
has provided the proper permit application to the Colorado Division of Reclamation, Mining, and
Safety, and the State has provided several conditions which must be addressed before final
approval is expected before November 1, 2008. He reiterated the Substitute Water Supply Plan
will be obtained before groundwater is exposed, and the applicant will also obtain a Stormwater
Discharge Permit once mining begins, as well as a Groudwater Discharge Permit once
groundwater is exposed. He stated the applicant will apply for an APEN for the portable processing
facility, and will also apply for the necessary building permits for construction of the scale house,
including an I.S.D.S. permit. He clarified the site does contain a permanent water source for the
sanitary facilities, and bottled water will be provided as drinking water at the scale house. In
response to Chair Jerke, Mr. York indicated the site will eventually be reclaimed as a lined water
storage facility, containing approximately 1,200 acre feet of water, at a depth of approximately
60 to 90 feet.
No public testimony was offered concerning this matter.
Responding to Chair Jerke, Mr. York confirmed he has reviewed the proposed additions within the
memorandum submitted by Ms. Martin,and the applicant intends to notify the Greeley-Weld County
Airport of any nighttime operations, as well as when a crane will be utilized during the construction
of the slurry wall. Further responding to Chair Jerke, Mr. York indicated the updated traffic counts
2008-2704
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HEARING CERTIFICATION - DUST AND DIRT EXCAVATING, LLC, CIO DARWIN DERR, C/O
BROKEN ARROW INVESTMENTS, LLC (USR#1660)
PAGE 4
have been collected; however, the overall analysis has not yet been completed. In response to
Chair Jerke, Mr. Dunker confirmed the traffic is less than 100 vehicles per day; however, the
Colorado Department of Transportation (CDOT)required that the applicant conduct an additional
study, since the mine is located in close proximity to the intersection of State Highway 263 and
U.S. Highway 85. Commissioner Long clarified State Highway 263 is no longer a State Highway,
and is now known as County Road 60.5. Mr. Dunker confirmed the portion of the road adjacent
to the facility has been annexed by the City of Greeley, and is known as 8th Street. Further
responding to Chair Jerke, Ms. Martin indicated the traffic study was required within the referral
from CDOT, and was not required by the City of Greeley. Commissioner Long indicated the
referral request is out of date, since the road is no longer a State Highway, and CDOT no longer
has jurisdiction of the road. Chair Jerke indicated it appears the road contains primarily truck
traffic, and he does not believe the addition of the trucks from the facility will create a large impact
on the road. In response to Chair Jerke, Mr. York indicated the applicant concurs with the
language presented within proposed new Condition of Approval#1.A.10, and he further indicated
he has reviewed, and concurs with, all of the Conditions of Approval and Development Standards.
In response to Commissioner Rademacher, Mr. York indicated the operations on the site will be
limited, utilizing only two employees at the current time, therefore, the maximum of six employees
at the site will be sufficient.
Further responding to Commissioner Rademacher, Darwin Derr represented the applicant and
stated the need for washed concrete aggregate would require the facility to obtain additional
employees; however, this facility will not encounter the demand for additional employees.
Commissioner Rademacher and Chair Jerke cautioned Mr. Derr that if the need for additional
employees is presented at a later date, the USR permit will have to be amended, and the hearing
process will have to be repeated. In response, Mr. Derr requested Development Standard #34 be
modified to indicate the number of on-site employees be limited to twelve (12) in the place of
six(6). Responding to Commissioner Rademacher, Ms. Martin indicated the applicant will provide
screening along Balsam Avenue, and the applicant has not decided the exact materials to be
utilized for screening; however, the applicant intends to utilize a mixture of trees and berming. In
response to Chair Jerke, the Board concurred with the proposed addition of Condition of
Approvals#1.R and#1.A.10, as described within Exhibit G; however, the Board indicated it did not
concur with proposed Condition of Approval #1.S. The Board further concurred with the
modification of Development Standard #34 to increase the maximum number of employees to
twelve (12).
Ms. Light clarified if the Board desires to allow the applicant to utilize bottled water for drinking
water purposes, additional modifications to the Resolution are necessary. In response to
Commissioner Rademacher, Ms. Light indicated the applicant is not intending to utilize the well for
drinking water, therefore, she recommended the deletion of Condition of Approval #1.H, and the
Board concurred with the deletion. She further requested the words"for drinking and'be removed
from Development Standard #14, and that Development Standard #13 be modified to state,
"Bottled water shall be provided to all employees." The Board concurred with the proposed
modifications. Upon clarification from the Acting Clerk, the Board concurred with the last sentence
of Development Standard #8 to be moved to become the last sentence of Development
Standard #7.
2008-2704
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HEARING CERTIFICATION - DUST AND DIRT EXCAVATING, LLC, C/O DARWIN DERR, C/O
BROKEN ARROW INVESTMENTS, LLC (USR #1660)
PAGE 5
Commissioner Long moved to approve the request of Dust and Dirt Excavating, LLC, do Darwin
Derr, do Broken Arrow Investments, LLC,for a Site Specific Development Plan and Use by Special
Review Permit #1660 for Mineral Resource Development Facility, including open pit mining and
material processing, in the A (Agricultural) Zone District, based on the recommendations of the
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record. His motion included the addition of Condition of
Approval #1.A.10, to state, "The applicant shall indicate on the plat how the proposed access will
function with the proposed scale house and internal site circulations with parking and semi-truck
staging. There will need to be at least one hundred (100) feet of entrance roadway into the site
perpendicular to Balsam Avenue;this is to ensure no stacking or staging of vehicles on any County
roadway."; the deletion of Condition of Approval #1.H, with the required re-lettering; the addition
of Condition of Approval #1.R, to state, "The applicant shall attempt to address the requirements
and concerns of the Greeley-Weld County Airport Authority, as stated in the referral response
dated August 4, 2008. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services."; the modification of the last sentence of Development
Standard #8 to become the last sentence of Development Standard #7; the modification of
Development Standard #13 to state, "Bottled water shall be provided for all employees."; the
modification of Development Standard#14 to state,"A permanent, adequate water supply shall be
provided for sanitary purposes for the scale house."; and the modification of Development
Standard #34 to state, "The number of on-site employees shall be limited to twelve (12)." The
motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no
further discussion, the hearing was completed at 2:30 p.m.
This Certification was approved on the 6th day of October, 2008.
APPROVED:
�41 Et, _`ARD OF COUNTY COMMISSIONERS
I� D COUNTY, COLORADO
q e.c �♦
ATTEST: U �M I t.P m RJ&k✓
IIINNN ' �m H. Jerke, Chair
orcizny
Wel' County Clerk to the Boar:�O v"if 1
,�►� Robert
�b rtCUSED a n, Pro-Tem
FM
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BY: u
De Cler the Board
it ' F. Garcia
David E. Long
Dougla Rademac er
2008-2704
PL1983
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1660 - DUST AND DIRT EXCAVATING LLC, C/O BROKEN ARROW
INVESTMENTS, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 08/05/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and photo of sign posting
F. Loloff Construction, Inc. Letter of Concern and photos, dated
09/23/08
G. Planning Staff Memo re: Additions to Conditions of
Approval
H. Planning Staff Correspondence from J.C. York, dated
09/28/08
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