HomeMy WebLinkAbout20083248.tiff HEARING CERTIFICATION
DOCKET NO. 2008-73
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1672
FOR OPEN PIT MINING AND MATERIALS PROCESSING (DRY MINING) OF
CONSTRUCTION MATERIALS IN THE A (AGRICULTURAL) ZONE DISTRICT, FISCUS
NORTH MINE -JACK AND SHIRLEY FISCUS, C/O WELD COUNTY DEPARTMENT OF
PUBLIC WORKS
A public hearing was conducted on December 17, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 3, 2008,and duly published November 7,
2008, in the Greeley Tribune, a public hearing was conducted to consider the request of Jack and
Shirley Fiscus, c/o the Weld County Department of Public Works, for a Site Specific Development
Plan and Use by Special Review Permit#1672 for Open Pit Mining and Materials Processing (dry
mining) of construction materials in the A(Agricultural)Zone District - Fiscus North Mine. Cyndy
Giauque, Assistant 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 one-half mile east of County Road 133 and south of County Road 120,
and the nearest municipality is the Town of New Raymer, which is approximately 16.5 miles from
the site. He confirmed the nearest residence is approximately 3,900 feet south of the site, and the
access to the site is a privately maintained road with a gated entrance. He indicated the internal
haul route is graded and drained, providing all-weather access. He indicated the deposits on the
site vary in thickness from zero to forty feet, and the site will be mined in a northeast direction,
following a ridge of gravel. He further indicated any overburden on the site will be stockpiled
directly north of the processing area, and the excavated material will be transported to the gravel
processing area to be crushed and stockpiled for future use. He confirmed the applicant has
requested to utilize portable toilets and bottled water during times of mining activities, and up to
twenty employees may be on the site, including five mining employees and fifteen transport
employees. He stated the mining and hauling activities will take place between 6:00 a.m., and
4:30 p.m., in the months of May through October, and from 7:00 a.m., to 3:30 p.m., during the
winter months. He indicated the location of the mine will only minimally impact surrounding
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HEARING CERTIFICATION-JACK AND SHIRLEY FISCUS,C/O WELD COUNTY DEPARTMENT
OF PUBLIC WORKS (USR #1672)
PAGE 2
properties, and he confirmed ten referral agencies reviewed the request, with eight providing
comments which have been included within the Conditions of Approval and Development
Standards.
Don Carroll, Department of Public Works, stated the site will be known as the Fiscus North Pit, and
the Department has obtained a Regular Operations 112 Permit from the State, permitting a total
of 115 acres. He reiterated the site is located approximately 16.5 miles from the Town of New
Raymer, and consists of three separate parcels which have been combined for this project. He
confirmed the internal access road is a private drive which traverses the Fiscus Ranch, and the
Department has entered into a ten-year royalty lease with Jack and Shirley Fiscus for the use of
the site. He confirmed between three and five mining employees will be completing the crushing
and screening operations on the site,and no asphalt or concrete work will be conducted at the site.
Lauren Light, Department of Public Health and Environment, stated mining operations are not
considered to be a temporary use, therefore, the Department requires that a permanent water
source and sewage disposal system be provided at the site. She indicated gravel mines do not
typically contain a leach field, rather, a vault system is utilized, which could be placed next to the
scale house. She further indicated bottled water and portable toilets may be utilized within the
working face of the mine, and the applicant is required to provide a Dust Abatement Plan, a
Minimum Noise Plan, and proof of an Air Pollution Emissions Permit (A.P.E.N.) application.
Responding to Chair Jerke, Ms. Light indicated the applicant will be required to drill a well to
provide a permanent water source, and install a septic system, which shall be allowed to be a vault
system; however, a permanent water source is required in order to be able to install a vault system.
David Bauer, Department of Public Works, represented the applicant and stated County Road 120
is adjacent to the northern property line, and he displayed photographs of the site and the
surrounding property. He clarified the existing Fiscus Pit has already been mined and is within the
reclamation stage, waiting for grass to grow before the permit may be released from the State. He
indicated the ridge along the property will be mined for gravel, at a depth of approximately twenty
to thirty feet, and a preserved sand channel within the Ogallala Formation will also be mined. He
stated the underlying clay deposits will be utilized for binder for road base operations, and the
Department expects to extract 250,000 tons of gravel over a three year period through intermittent
mining procedures. He clarified most of the mining activities will take place during the winter
months, the product will be stockpiled and then delivered to building projects within the general
vicinity, as necessary. He requested that Board grant a waiver of the water and septic
requirements so that portable toilets and bottled water may be utilized, due to the intermittent
mining activity at the site. No public testimony was provided concerning this matter.
Mr. Ogle requested that Condition of Approval #1.F, regarding the requirements of the
Improvements Agreement, be moved to become Condition of Approval#2.A,so that the new owner
is required to complete the required improvements in the event the property is sold. Mr. Carroll
clarified the County is leasing the pit from Jack and Shirley Fiscus, therefore, the County will not
be able to sell the pit at a future date. Mr. Bauer further clarified the County has entered into a
lease with the Fiscus family, and a royalty of $0.75 per ton is paid to the family for any gravel
removed from the site. He confirmed once the mining operations are completed on the property,
2008-3248
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HEARING CERTIFICATION-JACK AND SHIRLEY FISCUS,C/O WELD COUNTY DEPARTMENT
OF PUBLIC WORKS (USR #1672)
PAGE 3
the property reverts back to the uses desired by the Fiscus family. In response to Chair Jerke,
Mr. Ogle withdrew his request for modification.
In response to Commissioner Masden, Ms. Light indicated in order to allow the applicant to operate
without a permanent water and sewer source, Conditions of Approval #1.J and #2.G and
Development Standard#9 will require deletion, and Development Standard #10 shall be modified
to state, "Adequate hand washing and toilet facilities (bottled water and portable toilets) shall be
provided for all personnel located at, or entering onto, the facility." The Board concurred with the
modifications as proposed by Ms. Light.
In response to Chair Jerke, Mr. Bauer indicated he has reviewed and concurs with the Conditions
of Approval and Development Standards, as modified.
Commissioner Long moved to approve the request of Jack and Shirley Fiscus,c/o the Weld County
Department of Public Works, for a Site Specific Development Plan and Use by Special Review
Permit#1672 for Open Pit Mining and Materials Processing (dry mining)of construction materials
in the A (Agricultural) Zone District - Fiscus North Mine, 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 deletion of Conditions of Approval
#1.J, #2.G, the deletion of Development Standard #9, with the required re-numeration, and the
modification of Development Standard #10 to state, "Adequate hand washing and toilet facilities
(bottled water and portable toilets) shall be provided for all personnel located at, or entering onto,
the facility." The motion was seconded by Commissioner Rademacher,and it carried unanimously.
There being no further discussion, the hearing was completed at 11:45 a.m.
This Certification was approved on the 22nd day of December, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Willierke, Chair
Weld County Clerk tot
fcc 4 1 R en, Pro-Tem
BY:
Deputy Cle to the Boar L
W is F. Garcia
David E. Long
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2008-3248
PL1984
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1672 - JACK AND SHIRLEY FISCUS, CIO WELD COUNTY DEPARTMENT OF
PUBLIC WORKS
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 12/02/2008)
D. Planning Staff Certification and Photo of sign posting
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