HomeMy WebLinkAbout20060826.tiff HEARING CERTIFICATION
DOCKET NO. 2006-16
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1533
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING ASPHALT
BATCH AND RECYCLING PLANTS, CONCRETE BATCH PLANT, MATERIALS
BLENDING, IMPORT OF MATERIALS, AND GRAVEL MINING, IN THE
A (AGRICULTURAL) ZONE DISTRICT - ASPHALT PAVING COMPANY
A public hearing was conducted on March 15, 2006, at 1:30 p.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Michelle Martin
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 24,2006,and duly published March 1,2006,
in the Fort Lupton Press,a public hearing was conducted to consider the request of Asphalt Paving
Company for a Site Specific Development Plan and Use by Special Review Permit#1533 for a
Mineral Resource Development Facility,including an asphalt batch plant, recycling plant, materials
blending, import of materials, and gravel mining, in the A (Agricultural) Zone District. Cyndy
Giauque,Assistant County Attorney,made this a matter of record. Michelle Martin, Department of
Planning Services, presented a brief summary of the proposal and entered the unfavorable
recommendation of the Planning Commission into the record as written. She gave a brief
description of the location of the site and surrounding land uses. She stated staff received
correspondence from surrounding property owners expressing concern regarding depreciated
property values,water quality, noise,lighting,hours of operation,traffic,dust,and views. She stated
the applicant is proposing six-foot berms, seeded with native grass and trees, as a buffer to
adjacent property owners. Ms. Martin stated 18 referral agencies reviewed this proposal, and 14
provided comments which have been addressed in the Conditions of Approval and Development
Standards. Don Carroll, Department of Public Works, indicated the location of the access, and
reviewed the speed limits and distances from nearby road intersections for the record. In response
to Commissioner Long, Ms. Giauque stated the motion to recommend approval of the application
failed, therefore, the recommendation from the Planning Commission is for denial.
Pam Smith, Department of Public Health and Environment,stated the applicant will be required to
provide bottled water, install a septic system for the scale house,and submit a Waste Handling Plan
for review and approval. Responding to Commissioner Masden, Ms.Smith stated the community
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of Wattenberg is serviced by septic systems and a community water system, which is tested by
the Colorado Department of Public Health and Environment. She stated the Division of Water
Resources records indicate there are twelve individual wells in the platted area for Wattenberg;
however, she is unsure whether those wells are part of the Wattenberg system. Responding to
Chair Geile, Ms. Smith stated the application materials do not appear to include any data for
mitigation of impacts to surrounding wells.
Donald Carroll, Department of Public Works,stated Weld County Roads 6 and 23 are classified as
collector roads,with average daily traffic counts of 1,500 to 2,000,and 400 to 500, respectively. He
stated the application materials indicate there will be 20 employees, and mined materials will be
transported from the east side of Wattenberg to the subject site. He further stated there will be a
designated haul route:90 percent of the traffic will use Weld County Road 6 from the entrance,east
to U.S. Highway 85,and 10 percent will go west to the 1-25 corridor. Mr.Carroll stated Weld County
recently installed a traffic light at the intersection of Weld County Road band U.S. Highway 85,and
the site will generate approximately 50 round trips per day. He stated there is an Improvements
Agreement which requires the construction of a left turn slot on Weld County Road 6 for westbound
traffic, an acceleration lane for traffic traveling east and merging into traffic, and pavement at the
entrance and approach leading to the scale house to help control dust. He reviewed the posted
speed limits on Weld County Road 6,within the vicinity of the site, and referred to a Stopping Site
Distance Table and traffic accident report, marked Exhibits CC and DD,which he reviewed for the
record. In response to Commissioner Masden, Mr. Carroll reiterated approximately ten percent of
the traffic will travel west, which equals approximately five round trips. He further stated the
Improvements Agreement indicates if the traffic percentages change, then the applicant will be
required to do additional improvements to Weld County Road 6, west of the site. In response to
Commissioner Jerke, Mr. Carroll stated the Improvements Agreement is still being negotiated;
however,it will include a typical maintenance package and reconstruction provisions. Responding
to Chair Geile, Mr. Carroll stated the application materials indicate the operation will generate 50
round trips; however, he is unsure whether that figure includes the transportation of materials from
the existing site.
Jeff Keller, president of Asphalt Paving Company,stated Asphalt Paving Company is a family-owned
business which has been operating in Colorado for 50 years, and they employ 200 to 250 people
at the various sites. He stated some of the employees are in attendance to gain training in
recognizing the needs and desires of the neighboring communities and take that input to make a
better operation. Mr. Keller stated they are currently operating on the 220-acre Perry Site, east of
Wattenberg,and he gave a brief summary of the company's land acquisitions in the area. He stated
in 2001, Asphalt Paving Company received permission to change from two mining cells to one
larger cell for water storage (1,000 acre feet), which was purchased by the Consolidated Water
Company. He further stated the business relies on U.S. Geological Survey maps to ascertain the
locations of sand and gravel deposits,since the proximity to projects determines the end cost to the
consumer. Mr. Keller stated the Wattenberg West Site will replace the Perry Site; however, they
will not start extraction until the Perry Site is depleted. He stated the site will be mined in three
phases, and cells 2 and 3, which are closest to Wattenberg,will not be mined until a slurry wall is
complete to prevent impacts on the surrounding wells. He further stated the gravel and groundwater
is very shallow in cell 1, therefore, water will be pumped into a nearby ditch. He explained the
domestic wells to the west are in a deep aquifer,the mining will entera shallow aquifer,and the two
aquifers are not connected. He stated this project will maximize the responsible use of the natural
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resource in the area,which consists primarily of sand. He stated Asphalt Paving Company is not
in the wholesale aggregate business; most of the material is used for the Company's contracted
road building projects. He stated 55 percent of the area will be mined, Phase 1 will consist of 25
acres which will be backfilled and brought to the original grade,and they will create 1,000 acre feet
of water storage.
Stan Opperman,vice-president of Asphalt Paving Company,stated he has worked for the company
for 30 years, they are a dedicated employer, and they have many satisfied employees. He stated
the Perry Site is a wet mining site, and as the area is mined, they will need to relocate the
processing plant to mine the ground under the old location. Mr. Opperman stated following the
Planning Commission hearing,the applicant agreed to reduce the transferred amount of material
from 225,000 tons to 150,000 tons,which will be transferred during a six-month period to lessen the
impact on the neighboring community. He explained they are unable to use a conveyor due to an
existing Conservation Easement, therefore, they will make the necessary improvements to Weld
County Road 6 before hauling the materials. He stated they intend to create landscaped berms to
buffer the views, and he reiterated once the Perry Site is reclaimed for water storage,they will start
mining at the Wattenberg West Site. Mr. Opperman reviewed the proposed site layout,and stated
while they are mining cell 1, they will construct a slurry wall to prepare for dry mining operations in
cells 2 and 3. He stated the top soil from cell 2 will be used to create more berms, and certain
materials from cell 2 will also be used to backfill cell 1. He further stated, ultimately, cells 2 and 3
will be used for water storage,and some of the berms and landscaping will be left after the mining
operations are complete. Responding to Commissioner Vaad, Mr. Opperman stated the mined
materials will be processed and hauled to asphalt plants at other sites to make asphalt; however,
they are requesting approval for temporary use of an asphalt batch plant for local jobs, in which case
additional aggregate would be brought to the site.
Maureen Jacoby, Banks and Gesso, LLC, represented the applicant and stated the applicant
understands that protection of water sources is very important,and they have been working with Phil
Martin of Martin and Wood to install five monitoring wells. She stated since that time they have taken
monthly measurements,which will continue through the life of the project,and they have gathered
well permit data from the State and met with the Wattenberg Improvements Association regarding
the community well. She stated based on the information provided, it was determined that a slurry
wall will be used on cells 2 and 3, which will completely separate the mining activities from any
outside wells. Ms. Jacoby stated they anticipate a one-foot drawdown at the property line,and the
sand and gravel allow groundwater to travel very quickly and level out the system. She stated the
wells east of the site are in the service aquifer; however, the wells to the west are in a separate,
deeper aquifer,and the applicant is confident the mining activities will not affect groundwater users.
She further stated the State mining permit does require monitoring and mitigation,if necessary,and
the monitoring results must be submitted to the State and the Wattenberg Improvements
Association. She stated the Mitigation Plan identifies specific trigger points which require immediate
mitigation,the applicant has agreed to monitor the Wattenberg community well,and the data and
analysis will be provided on a quarterly basis. Responding to Commissioners Jerke and Masden,
Ms.Jacoby stated the Wattenberg community well is 40 feet deep in the alluvial aquifer; however,
the drawdown amount will be negligible. She further stated the slurry wall will not be in the zone of
influence for the Wattenberg well, and during the past 1.5 years, the applicant has signed
agreements with Western Area Power, United Power,Xcel and Qwest. She stated they have also
signed agreements with the oil and gas operators,the Brighton Ditch Company,and the Wattenberg
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Improvements Association. In response to CommissionerJerke,Jerke, Ms.Jacoby stated the Wattenberg
Improvements Association is the entity that operates the community well, and the Association
appears to broadly represent the people living in Wattenberg. She further stated the applicant must
obtain a land use permit, finalize the Division of Minerals and Geology(DMG)permit, and obtain
augmentation plans, well permits, State health permits, and County access, building, and septic
permits.
Mr. Keller stated they have met with the Department of Public Works and agree with the
recommended improvements. He stated they have met with area residents and have committed
to considering their suggestions,if possible,and Asphalt Paving Company will continue to improve
as technology and equipment allows. He reiterated this will be a wet mining site,and the portable
asphalt plant will be used to complete paving contracts on a temporary basis. He stated materials
are recycled on a job-by-job basis, and they are willing to limit the amounts in the stockpiles.
Mr. Keller stated they are permitted for an asphalt plant at the Perry Site;however,it has only been
used for a limited time during the past twelve years. He requested the portion of Condition of
Approval #1.N requiring the placement of the asphalt batch plant ten (10) feet below grade, be
deleted. He explained the batch plant relies on wires and electricity, and placing the equipment
below grade may result in water damage and pose a safety hazard. He stated the Wattenberg
Improvements Association has reviewed the proposal and has determined the slurry wall must be
constructed prior to operations. There were 40 people who attended the community meeting
expressing concern with noise, dust, visual impacts, water quality, and mitigation of negative
impacts to the community well. Mr. Keller stated they decided to work with the Wattenberg
Improvements Association to develop an agreement to address mitigation, protection, and
cooperation. He reiterated the applicant has included the community well in the monitoring plan,and
they also established an escrow account to cover repair costs for the water main along Weld
County Road 6. He explained if the water main is damaged,theywill provide immediate repairs,and
if it is determined that Asphalt Paving Company was not at fault, the Association will have to
reimburse the funds to the escrow account. Mr.Keller stated the applicant owns an 8.8-acre parcel
which the Wattenberg Improvements Association had expressed interest in acquiring to serve as
a buffer. He submitted a copy of the agreement with the Association, marked Exhibit EE,and stated
they are still discussing the potential for installation of a larger tank, parks, etcetera; however, it is
understood that the improvements need to be for community purposes, and Asphalt Paving
Company will donate the land. He stated they intend to conduct regular community meetings to
provide status reports on the project and pertinent information to keep an open relationship.
In response to Commissioners Vaad and Masden, Mr. Keller stated they are familiar with the State
statutes,the mining is market driven,and they anticipate the mining to take approximately ten years.
He clarified the Draft Resolution should remove all references to a concrete recycling plant;
however, they do intend to use an asphalt recycling plant.
Anthony Espinosa, surrounding property owner, submitted a packet, marked Exhibit GG, and he
read and interpreted a letter from a neighbor written in Spanish. He stated his three main concerns
are traffic, noise,and dust, and the petition in Exhibit GG represents 85 percent of the residents in
Wattenberg who are opposed to the proposal. Mr. Espinosa stated some residents feel their
concerns will not be heard since the community is distant from the County seat and provides little
tax base. He stated most traffic in the area does not follow the posted speed limits,there have been
numerous traffic accidents, and the additional traffic will increase the potential for accidents. He
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further stated the air currents trap pollution and dust in the South Platte River Valley,which effect
the residents of Wattenberg. He stated the agreement deals primarily with the community well;
however, he feels the applicant should also have to widen Weld County Road 6 and install a traffic
signal. Mr. Espinosa stated existing mining operations in the area promised groundwater levels
would not be impacted; however, surrounding wells did go dry. He stated in 2009, the community
will be 100 years old,and he requested the Board deny the application and preserve the residents'
way of life. Commissioner Jerke stated the Sheriffs Office has created a Community Resource
Unit, and he urged the residents to call with traffic concerns.
Alfredo Ramirez,surrounding property owner,stated the mining operations will be 200 feet from his
house,expressed concern for the health of his three children,and submitted photographs,marked
Exhibit HH. He also submitted two samples of materials produced by a recycling plant, marked
Exhibit II,and stated he works with recycling plants,understands how they operate,and knows they
do not always comply with noise and dust regulations. Mr. Ramirez explained an asphalt recycling
plant runs on generated power,the generators are noisy,and the stock piles often remain after the
portable plant is removed.
Hugh Hawthorne, surrounding property owner, stated he lives west of the site, and submitted a
packet marked Exhibit JJ. He stated the proliferation of gravel mining operations in the area is not
compatible with the residential community and agricultural zoning in the area. Mr. Hawthorne stated
the applicant's presentation was very vague in describing the need for an asphalt recycling plant,
and he questioned how many times the equipment will be used on an annual basis. He stated the
application materials do not indicate the asphalt plant will be temporary, and he also expressed
concern with incompatibility,increased truck traffic,poor access, noise,odor,dust,stockpiling,and
well water problems. Mr. Hawthorne stated it appears the applicant wants a permanent asphalt
plant for 15 to 20 years,and if approved,he requested the Board deny the asphalt recycling portion
of the application, and allow only mining. He further stated the applicant should not be allowed to
transport materials from the Perry Site, since that project will generate approximately 5,000 truck
trips. Mr. Hawthorne stated a new traffic study should be conducted regarding the intersection of
State Highway 85 and Weld County Road 6,since the additional truck traffic will likely result in more
accidents. He requested the trucks be restricted from using jake brakes, and limit the hours of
operation, taking the school bus routes and schedules into consideration. He further stated the
applicant should be required to enter into agreements with the individual well owners to ensure any
impacts to their wells will be mitigated.
Tom Peterson, Director of the Colorado Asphalt Paving Association,stated the applicant is one of
the founding members. He submitted a packet, marked Exhibit KK,showing the requirements that
apply to hot asphalt operations, and stated the industry is being recognized as an environmental
leader in ensuring the modern plants are quiet, clean, and compatible with surrounding uses.
Mr. Peterson stated hot-mix asphalt production facilities have emissions restrictions,and violations
can result in enforcement and significant daily fines. He stated the emissions from the tops of the
plants are steam,not smoke,and although the annual asphalt production has increased byover250
percent during the past 40 years, the total emissions have dropped by 97 percent. (Changed to
Tape#2005-11.) Mr. Peterson reviewed the various commendations received by the industry,and
responding to Commissioner Jerke, he stated the stationary and portable plants have similar
restrictions.
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Stephanie Archuleta,surrounding property owner,submitted a letter,marked Exhibit LL,and stated
she has lived in the area for 23 years and is opposed to gravel pits surrounding her community. She
stated the subject site will be 200 feet from her house and private well,and she feels the community
of Wattenberg should not be forced to continue living with operations that are not a benefit to them.
Ms. Archuleta stated Weld County Road 6 is the primary route into town, and without additional
traffic controls, there will continue to be accidents, since most drivers do not observe the speed
limits.
Charlene Krantz, surrounding property owner, stated she lives within 200 feet of the site. She
submitted a letter, marked Exhibit MM,expressing concern regarding impacts to area wells,which
are the only source of water for residents and their livestock. Ms. Krantz stated Weld County
Road 6, between Weld County Road 23 and State Highway 85, is very dangerous, since most
people do not travel at the speed limit. She expressed concern with safety for school children,air
pollution, property values, poor views despite the proposed berms and landscaping, impacts to
mineral/oil and gas rights, and appearance of the site following reclamation.
In response to Commissioner Masden, Mr. Carroll stated the average daily traffic count on Weld
County Road 6 is 1,500 to 2,000 vehicles,and Weld County Road 23 north of Weld County Road 6
averages 400 to 500 vehicles per day.
Greg Gerganoft, Environmental and Safety Coordinator with Asphalt Paving Company,stated the
applicant has been very aggressive in its environmental and safety programs,and theywere the first
contractor in Colorado to have an environmental management system.
Lori Hawthorne, surrounding property owner, stated the applicant appears to want to be a good
neighbor; however, they have been mining the Perry Site since 1992, which has not been
maintained until the last few months. She questioned how the community can hold the applicant
to its promises, and asked for clarification as to the specific hours of operation. She stated the
application indicates the site will operate during daylight hours; however, during the Planning
Commission hearing, the applicant requested permission to operate after dark to meet contract
deadlines. She further stated the inversion factor in the area is very real, and the fumes from
generators and mining equipment are very strong and unhealthy.
Mary Morales, surrounding property owner, stated she has lived in the area for 36 years, and
submitted a letter marked Exhibit NN. She expressed concern with groundwater impacts. She
stated the area residents have gone through this process before and understand what can happen
to the community if the operator does not comply with the regulations. In response to
Commissioner Jerke, Ms. Morales stated the community well provides domestic water and the
private wells provide irrigation water.
John Morales,surrounding property owner,stated he attended the first meeting where the applicant
promised many things; however, he feels most of the promises will not be kept. He further stated
there have been traffic accidents, and he does not want this type of use to continue in the area.
Nancy Fichter,surrounding property owner,submitted a letter, marked Exhibit OO,and expressed
concern with emissions, the types of materials to be brought to the site, and health problems
caused by fugitive dust, chemicals, and fumes, etcetera. She reviewed the types of products that
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can be used in asphalt plants, which will create air, water, and soil contamination. Ms. Fichter
stated the community of Wattenberg has existed for many years,and she also expressed concern
regarding transporting materials from the Perry site to the Wattenberg West Site.
John Venegas Jr., surrounding property owner, stated the speed limit in town is 30 miles per hour;
however, the sign postings are misleading, and traffic in the area is hazardous. He stated the
surrounding mining pits have slurrywalls,and he expressed concern that any flood conditions from
the Platte River will be forced to flow into Wattenberg. In response to Commissioner Jerke, Mr.
Carroll stated the Federal Emergency Management Agency(FEMA)maps indicates Flood Zone A
(100-year flood) does go through Wattenberg.
John Venagas,Sr.,displayed a plat map and an aerial map of Wattenberg,marked Exhibits PP and
WW. He stated he is a retired truck driver and trainer, and suggested it would be better if the
access were moved to the east to provide truck drivers with a better sight distance, although that
would create a greater impact on Wattenberg. He stated there are six buses that transport children
in the area, and if the request is approved, the applicant should be required to implement more
safety measures. He further stated regardless of the applicant's policies, it is difficult to enforce
restrictions on drivers from outside companies.
Tom DeHerrera, surrounding property owner, stated the roads are narrow with no shoulders, and
accidents often occur when a vehicle attempts to enter Weld County Road 6 from Wattenberg and
is hit by oncoming traffic. He expressed concern with safety for bus traffic and noise.
Jonathan Baurer, County resident, stated he knows what it is like to live next to, and between,two
mining operations. He stated there are often problems with weed mitigation, noise, and pollution;
however, based on the applicant's proposal, he supports the request. He stated the extraction of
aggregate materials is vital to the growth of Weld County and supports the tax base. He stated the
subsequent end uses, such as water storage or recreation, are also important.
Carl Eiberger, surrounding property owner, stated he agrees with Mr. Baurer's comments, and
added the applicant is a third-generation company. He explained slurry walls are level with the
surface grade,therefore, there should not be any problems with flooding, and the proposed water
storage is vital to livelihoods in the area.
Mary Espinosa,surrounding property owner,expressed concern for the safety of her grandchildren,
and stated the amount of traffic on Weld County Road 6 often causes delays in getting the children
to school on time.
Jim Archuleta,surrounding property owner, stated a majority of the community does not want the
proposed use due to the potential safety hazards.
Frank Silas,surrounding property owner,stated there is a community park,which will be impacted
by the transport activities if any of the trucks cut through town. There being no further comments,
Chair Geile closed public testimony.
Mr. Keller stated the applicant understands and appreciates the comments and concerns of the
community,and Asphalt Paving Company is committed to being a good neighbor. He stated they
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will provide contact numbers for area residents to use if there are concerns, and the County also
takes complaints. He stated any issues that were raised in the past have been addressed, and
there are no documented complaints regarding the Perry Site. He further stated the hours of
operation will be identical to what is allowed at the Perry Site; dawn to dusk, Monday through
Saturday. He explained there will be some projects that will be performed at night when the traffic
volumes are lower; however, the applicant will provide the County and community residents with
notification prior to those instances. He stated the typical hours of operation are from 7:00 a.m. to
5:00 p.m., five days a week; however, the hours requested in the application allow for some
flexibility. Mr. Keller stated Asphalt Paving Company operates primarily with its own trucks,and they
do have authority over any trucks hauling to or from the site. He stated if a driver associated with
a complaint can be identified,their position will be terminated. He further stated they are working
to train their drivers to abide by the traffic standards, and all of the equipment has Air Pollution
Emission Notice(APEN)Permits from the Colorado Department of Public Health and Environment.
In response to Commissioner Long, Mr. Keller stated the aggregate washing equipment will be
connected to power lines; however,the portable equipment will be connected to generators,which
are contained in vans and have limited noise or emissions. Responding to Commissioner Vaad,
Mr. Keller stated 20 to 25 percent of the annual operations come from the Perry Site, and they
anticipate theywill remain at that level at the Wattenberg West Site. He stated their next closest site
is in Jefferson County. Responding to Commissioner Jerke, Ms. Martin stated if any of the
surrounding wells fail,the site will be in violation of the State Division of Minerals and Geology(DMG)
Permit,since well permits are issued and regulated by the State. Mr. Keller stated the DMG Permit
also has a detailed Monitoring and Mitigation Plan, and a copy was provided to the Weld County
Department of Planning Services as a referral agency. He stated the Wattenberg community well
is included in the plan, and the applicant is willing to provide the monitoring information to the
County. Ms. Giauque suggested the applicant also provide a copy of the quarterly report to the
Wattenberg Improvement Association Board. Ms. Martin stated that could be required as a
Condition of Approval. Responding to Chair Geile, Mr. Keller stated there will be an average of 50
daily trips leaving the site,they are willing to agree with using five trucks between 8:30 a.m.and 4:30
p.m., and the transporting of materials should be completed in six months. He further stated the
Perry Site will become water storage,and the materials hauled to the Wattenberg West Site in six
months will be the equivalent of one year's worth of processing. In response to Commissioner
Jerke, Mr. Keller stated they will be constructing an acceleration lane to help trucks merging into
traffic going east on Weld County Road 6, although it may still be difficult if traffic is not abiding by
the speed limit. Mr.Carroll concurred with the applicant,and stated the acceleration lane will allow
trucks to get up to speed before merging,and the left turn lane will allow adequate staging out of the
traffic lane for trucks entering the site.
Ms. Martin suggested adding Development Standard#53 to state, "The applicant shall supply the
Department of Planning Services with a copy of the quarterly report of the monitoring wells for
review. If significant impacts to the Wattenberg community wells are determined by the State or
other regulatory agencies, the County may, at its sole discretion, suspend or revoke the Use by
Special Review Permit." She further stated the hours of operation, as presented to Planning
Commission, were from 7:00 a.m. to 5:00 p.m., November through April, and from 7:00 a.m. to
7:00 p.m., May through October; however, those restrictions were removed by the Planning
Commission. Ms. Martin stated the hours of operation could be added back into Development
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Standard#38. Commissioner Long suggested keeping the hours of operation consistent with what
was approved at the Perry Site.
Paul Banks, Banks and Gesso, LLC, requested the Board move Conditions of Approval#1.E and
#1.L to become Conditions Prior to Operation, remove the last sentence of Condition #1.N, and
modify Condition #2.F to modify to state, "The applicant shall have the Greater Brighton Fire
Protection District review all construction plans for building permits. " Mr. Banks stated the Weld
County Code specifies mining operations are allowed form dawn to dusk. Ms. Martin requested
Condition of Approval#1.L remain a Condition prior to recording the plat to ensure the DMG permit
is in place. She stated Condition of Approval#1.N requires the placement of the batch plant 10 feet
below grade,with a berm and landscaping to mitigate the view for the neighbors, and she concurs
with the applicant's request for Condition #2.F. The Board indicated agreement with moving
Condition of Approval #1.E to become a Condition prior to operation. Ms. Smith suggested
modifying the language so the applicant must supply evidence of submittal, and adding a new
condition prior to operation which requires evidence of a permit. Ms. Martin stated the applicant has
provided evidence of a DMG Permit. Commissioner Jerke stated he agrees with moving Condition
#1.E,since it will potentially be a long time before the permit is obtained,and the Board concurred.
The Board also agreed to delete the last sentence of Condition of Approval #1.N, and modify
Condition of Approval#2.F as proposed. Ms. Martin stated the PerrySite is allowed to operate from
dawn to dusk; however,the specific hours,as previously described,will be easier to monitor. The
Board agreed with modifying Development Standard #38 to include the hours of operation as
proposed by staff, and including the proposed language for Development Standard#53,with the
clarification that non-compliance would be subject to the Probable Cause/Show Cause hearing
process.
Ms. Smith stated if the Wattenberg community well is impacted, there are a lot of factors for
determining who or what is responsible,and she agrees with requiring the submittal of the quarterly
report to Weld County to be reviewed by a contracted consultant. She stated, unfortunately, until
a determination is made, there will be residents without water. Therefore, she proposed adding
language to state, "In the event that the report determines there has been a significant impact,the
applicant shall have in place, and immediately implement an emergency potable water supply for
all the residents of Wattenberg. If the applicant is found to have permanently impacted the water
supply, they must provide an alternate permanent water supply." She stated the community well
services approximately 100 residences,which is approximately 350 people, not including residents
with individual wells.CommissionerJerke commented the issue of water injury is already addressed
under Development Standard#53,and if the applicant causes a problem,they will likely attempt to
remedy the situation rather than going through water court. Ms. Giauque concurred and stated it
is not the purview of the Board of Commissioners to determine who is at fault. In response to Chair
Geile, Mr. Keller stated the applicant concurs with the modifications as discussed.
Commissioner Vaad commented State law says the County is not to interfere with the reasonable
extraction of minerals. He stated although this type of use is already occurring in the area,there are
many residents who have indicated they do not want mining operations to continue. He stated, if
approved,the Countywill implement the Conditions of Approval and Development Standards to help
ensure the regulations are met and concerns are mitigated. He further stated if there is a violation,
there is a process to investigate the conditions and potentially revoke the permit.
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CommissionerJerke stated since County government is an extension of the State government,the
Board must consider the mandate to not waste or interfere with the extraction of natural resources.
He stated aggregates are a finite resource, which are generally deposited along the rivers. He
further stated there is a significant amount of regulations involved in obtaining a permit for this type
of operation, and there is a tremendous need for water storage,which allows farmers to continue
farming through augmentation of their wells. Commissioner Jerke stated he feels for the area
residents; however, geography dictates where the resource is located.
Commissioner Masden stated he agrees with the previous comments regarding the responsible
extraction of minerals; however, he does have some concern with allowing an asphalt recycling
plant in an area that already has transportation problems. He stated he must consider the health,
safety, and welfare of the people in the area, and he does not support the application.
Commissioner Long stated the Board must follow State statute and abide by the Code to attempt
to mitigate concerns. He stated most of the testimony dealt with the future problems that might
occur; however,he did not hear testimony regarding problems at the existing pit,therefore, he must
assume the applicant has been operating in accordance with the regulations and will continue to
operate the new Wattenberg West Site in the same way. Commissioner Long stated if the request
is approved,the area residents can call if the site is out of compliance,and the applicant must follow
through on its promises to the community. He stated the Conditions of Approval and Development
Standards will help ensure any impacts are mitigated,and there is a process for enforcement if the
site is not in compliance.
Chair Geile stated he understands the State statute for allowing mining where possible; however,
he does not support allowing an asphalt recycling plant in close proximity to the unincorporated
community of Wattenberg. He stated approving or denying the use will not affect speeding traffic
in the area, and he feels there are better locations closer to development projects.
Commissioner Long stated there are batch plants in the Greeley and Windsor areas which are
within 1,300 feet of residential housing,and although he represents those areas,he has not received
any complaints due to improving technology and good operating practices.
CommissionerJerke stated the applicant has been operating at the Perry Site since 1992,and the
asphalt batch plant was used for only five months during that time. He stated the applicant has
indicated it will continue to be used on a temporary basis for specific projects in the immediate area,
and he agreed that he has not received complaints on similar operations near residential areas.
Chair Geile stated the applicants nearest asphalt batch plant is a significant distance away,and he
is not certain that the production won't increase in the future as growth continues. He stated his
primary concern is the vicinity to Wattenberg and the inversion situations in the valley which may
contribute to noise and pollution problems.
CommissionerJerke moved to approve the request of Asphalt Paving Company for a Site Specific
Development Plan and Use by Special Review Permit#1533 fora Mineral Resource Development
Facility, including asphalt batch and recycling plants, concrete batch plant, materials blending,
import of materials, and gravel mining, in the A (Agricultural) Zone District, based on the
recommendation of the Planning staff,with the Conditions of Approval and Development Standards
2006-0826
PL1824
HEARING CERTIFICATION -ASPHALT PAVING COMPANY (USR#1533)
PAGE 11
as entered into the record. His motion also included removing all references to a concrete batch
plant,per applicant's request, moving Conditions of Approval#1.E and#1.L under Condition#2 as
requirements prior to operation,deleting the last sentence of Condition of Approval#1.N, modifying
Condition of Approval#2.F to state,"The applicant shall have the Greater Brighton Fire Protection
District review all construction plans for building permits,"including the specific hours of operation
in Development Standard #38, adding Development Standard #53 as proposed by staff, and
renumber or reletter as appropriate. The motion was seconded by Commissioner Long. Upon a
call for the vote, the motion carried three to two, with Commissioner Masden and Chair Geile
opposed. There being no further discussion, the hearing was completed at 6:45 p.m.
This Certification was approved on the 20th day of March 2006.
APPROVED:
E °a\=OARD OF COUNTY COMMISSIONERS
ELD COr TY, COLORADO
413?
ATTEST:
3 !� J. eile, Chair
Weld County Clerk to the Bo=
�, t David E. Long, Pro-Tem
BY: �
Dept.] y Cler to the Board C�6
W7tWerke
TAPE #2006-10 and #2006-11
Robert D. Masden
DOCKET#2006-16 ka4 ,'1 ��
Glenn Vaad
2006-0826
PL1824
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1533 -ASPHALT PAVING COMPANY
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 12/20/2005
and 1/17/2006)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter re: Scheduling, dated 01/26/2006
F. Health Staff E-mail response to comments from the
Larry Johnson Family, dated 01/20/2006
G. Arthur and Mary DeHerrera E-mail of Opposition, dated 01/25/2006
H. Bobbi Baeza E-mail of Opposition, dated 01/26/2006
Robert and Orlinda Giron E-mail of Opposition, dated 01/26/2006
J. Anthony Espinosa E-mail of Opposition, dated 01/27/2006
K. Ventura and Estefanita Archuleta E-mail of Opposition, dated 01/30/2006
L. Rosalia Galicia Letter of Concern, dated 01/30/2006
M. Marylinn Espinosa Letter of Opposition, dated 01/27/2006
N. John and Mary Morales Letter of Opposition, dated 02/04/2006
O. Planning Staff Certification and Photo of sign posting
P. Jerry and Sharlene Krantz E-mail of Opposition, dated 03/05/2006
Q. Kerr-McGee Rocky Mountain Corp. Letter of Support, dated 02/28/2006
R. Edward and Terry Velasquez E-mail of Opposition, dated 03/08/2006
S. Ventura and Estefanita Archuleta E-mail of Opposition, dated 03/08/2006
T. Hazel Frank E-mail of Opposition, dated 03/08/2006
EXHIBIT INVENTORY CONTROL SHEET - USR #1533, ASPHALT PAVING COMPANY
PAGE 2
U. Planning Staff Revised Extraction Plan and Landscaping,
Screening and Buffering Plan Maps
V. Residents of Wattenberg Petition with 66 signatures opposed, dated
02/08/2006
W. Various surrounding residents 25 Form Letters of Opposition, dated
02/01/2006
X. Nancy Fichter Letter of Opposition and copy of Agreement
with Applicant, dated 01/03/2006
Y. Nancy Fichter Letter of Opposition with supporting
documentation
Z. L. Spencer Rule E-mail of Opposition, dated 03/10/2006
AA. Robert and Orlinda Giron E-mail of Opposition, dated 03/14/2006
BB. Arthur and Mary DeHerrera E-mail of Opposition, dated 03/13/2006
CC. Public Works Staff Table Ill-1. Stopping Site Distance
DD. Public Works Staff Accident Rate Report
EE. Applicant Agreement with Wattenberg Improvement
Association, dated 01/03/2006
FF. Applicant Copy of PowerPoint Presentation
GG. Anthony Espinosa Letter with Attachments
HH. Alfredo Ramirez 20 Photos
I I (a/b). Alfredo Ramirez Two samples of dirt and sand
JJ. Hugh Hawthorne Letter of Opposition, dated 03/15/2006
KK. Tom Peterson Letter on behalf of Colorado Asphalt
Pavement Association, dated 03/15/2006
LL. Stephanie Archuleta Letter of Opposition, dated 03/15/2006
MM. Sharlene Krantz Letter of Opposition, dated 03/15/2006
NN. Mary Morales Letter of Opposition, dated 03/15/2006
OO. Nancy Fichter Duplicate of Exhibit Y
EXHIBIT INVENTORY CONTROL SHEET- USR #1533, ASPHALT PAVING COMPANY
PAGE 3
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