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Home My WebLink About20022079.tiff HEARING CERTIFICATION DOCKET NO. 2002-51b RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1347 FOR AN OPEN PIT GRAVEL MINING OPERATION AND CONCRETE AND ASPHALT BATCH PLANT IN THE A (AGRICULTURAL) ZONE DISTRICT - AGGREGATE INDUSTRIES WEST CENTRAL REGION A public hearing was conducted on September 11, 2002, at 10:00 a.m., with the following present: Commissioner Glenn Vaad, Chair Commissioner David D. Long, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Robert D. Masden Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Robert Anderson Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated June 28, 2002, and duly published July 3, 2002, in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted on July 17, 2002, to consider the request of Aggregate Industries West Central Region for a Site Specific Development Plan and Use by Special Review Permit#1347 for an Open Pit Gravel Mining Operation and Concrete and Asphalt Batch Plant in the A (Agricultural) Zone District. At said hearing, at the request of the applicant, the Board deemed it advisable to continue the matter to July 31, 2002, to allow for a hearing before a full quorum of the Board. At said hearing on July 31, 2002, the Board deemed it advisable continue the matter to September 11, 2002, to allow the applicant additional time to attempt to come to an agreement with the surrounding property owners regarding water mitigation.At said hearing on September 11,2002,Lee Morrison,Assistant County Attorney, made this a matter of record. Robert Anderson, 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. In response to Commissioner Geile, Mr.Anderson stated the engineers disagree about the water supply and the County does not have qualified staff to differentiate. Mr. Morrison stated there is also a disagreement between Varra Companies,which owns property adjacent to this site, and the neighbors; however, there is an agreement pending between the neighbors and Aggregate Industries. Don Carroll, Department of Public Works, stated the main access is from Highway 66, and the Colorado Department of Transportation (CDOT) has jurisdiction. He stated the referral response indicates the applicant will be required to work with CDOT to obtain an access permit. He stated they have supplied an access drawing indicating the access will line up with the Varra access, and it includes acceleration and deceleration lanes. Mr. Carroll stated it is anticipated that 95 percent of the traffic will go to the 1-25 corridor, and County roads will not be used for the haul routes, 2002-2079 PL1614 CIO : Pi, f/L(t HEARING CERTIFICATION -AGGREGATE INDUSTRIES WEST CENTRAL REGION (USR#1347) PAGE 2 unless they are serving a local project. He stated the applicant will be required to improve, upgrade, and pave the entrance and approach to the scale house to help mitigate dust problems. Trevor Jiricek, Weld County Department of Public Health and Environment, concurred with Planning Services that it would be beneficial to seek a professional opinion from a hired consultant to review the reports of the water engineers. Paul Banks, Banks and Gesso, LLC, stated following the last hearing the engineers were asked to meet and discuss the mitigation plan. He stated they have accepted all of the recommendations made by Leaf Engineering, and they also met with the neighbors. Mr. Banks stated the applicant intends to protect the interests of the neighborhood, and they have redefined what qualifies as a negative impact. If a neighbor or monitoring well indicates the water level has dropped by one foot, the mitigation plan will be enacted. He stated they have agreed to start mining at the northern end in small pits, and recharge the water table as the mining moves, by transferring water into the pits that have already been mined. Mr. Banks stated there will be recharge trenches on the north and east sides of the mining operation, they have added four high-capacity monitoring wells, and there will be 24 consecutive months of monitoring before mining starts to get a good base line. He stated the data will open for review, and the applicant has also agreed to cease dewatering if the mitigation activities do not work. He further stated they are willing to include the mitigation measures as a Development Standard, and CDOT has reviewed and approved the access and acceleration and deceleration lanes, so the existing travel paths on Highway 66 will remain unchanged. Responding to Commissioner Geile, Mr. Banks stated the depth of the mineral deposit varies, and they will limit the depth of mining and dewatering activities to minimize the impact on the surrounding area. In response to Commissioner Jerke, Mr. Banks stated in the event of a groundwater draw down, an impartial groundwater expert, paid for by the applicant, will review the monitoring reports, to provide an unbiased opinion. Bruce Wilson indicated the properties he represents and stated their primary concern is the potential for negative impacts on the water. Mr. Wilson stated the group is in agreement with the proposed mitigation strategy to be added as a Development Standard, and there is a good agreement between the neighbors and the applicant. He stated they appreciate the applicant's willingness to cooperate, as well as the efforts of the engineers and neighbors who have all compromised to make this project work. Mr. Wilson stated they are formally withdrawing their objections regarding transportation items and have agreed to let CDOT and the Department of Public Works address those issues. Responding to Commissioner Jerke, Mr. Wilson stated they have agreed to have the applicant pay an impartial groundwater expert to review any data pertaining to a water draw down. Louise LaFaver, surrounding property owner, stated their domestic water source is located under their house, near the proposed project. She expressed concern with truck noise which disturbs their sleep, dust emissions, diesel fuel odors, and decreased property values. She stated the mitigation strategy does not address any of her concerns, and her plans to operate an organic farming operation have been hindered by Varra, and this proposal will only make the situation worse. 2002-2079 PL1614 HEARING CERTIFICATION - AGGREGATE INDUSTRIES WEST CENTRAL REGION (USR #1347) PAGE 3 Nancy Fisher, surrounding property owner, stated this proposal is located three-quarters of a mile from her home. She stated CDOT does not have any additional right-of-way for the proposed acceleration and deceleration lanes between Highway 85 and 1-25, nor are there any plans for improving this portion of Highway. She stated recent studies show this portion of Highway at 146 percent capacity, and even if four lanes were constructed, it would remain over 100 percent capacity. Ms. Fisher stated the Highway is very difficult to access, and she proposed the applicant and other mining operators in the area be required to construct a center lane from Highway 85 to 1-25 for the safety of the traveling public. She also expressed concern with the use of Jake Brakes and requested the Board deny this operation due to the additional impact it would create. She requested all future applications be delayed until the Varra mining is completed because the Highway cannot sustain the traffic from three gravel pits. Brad Janes,Varra Companies, stated they submitted a water report to display due diligence in this matter based on the concerns raised at the previous hearing. Mr Janes stated they have inspected the area and found no violations and no indications that the water levels have been harmed. He stated the findings were forwarded to CGRS for analysis and they found no evidence that wet mining should be required. He stated Varra Companies has been mining in this area since the 1960's with a minimal impact to the area residents. Mr. Banks stated the applicant will dedicate the land necessary for acceleration and deceleration lanes, and mining will not likely begin for six to seven years. He stated there have been other instances where Jake brakes have been prohibited and the applicant is willing to discuss that restriction. Responding to Commissioner Geile, Mr. Banks stated the applicant will not dewater the large central pit simultaneous with dewatering at the Varra site; however,they oppose waiting until Varra has completed its mining operations. In response to Chair Vaad, Mr. Anderson suggested the Mitigation Strategy, dated September 5, 2002, be added as Condition of Approval #2.O. Mr. Jiricek referred to item #5 under"Monitoring Program"of the Mitigation Strategy,and stated the current language would require staff to interpret the word "persistent." Mr. Banks stated once the permit is approved, there will be 24 consecutive months of measurements at each of the wells to compile two seasons of baseline data. After that, they will monitor the systems bi-annually,during the non-irrigation season. Once mining starts they will revert to monthly monitoring. He stated the frequency and the extent of the monitoring program should make it very easy to identify any changes in the water level. He suggested the word "persistent" be removed. In response to Commissioner Geile, Mr. Carroll reviewed the location of the access, which is aligned with the access to the Varra property on the south, and indicated the locations of the acceleration and deceleration lanes. Mr.Anderson stated the application materials did not indicate the seven to ten year delay prior to commencing and he expressed concern because Use by Special Review permits are required to commence within three years. He suggested a Development Standard be added to clarify this situation. In response to Commissioner Geile, Mr. Banks stated the applicant is willing to have a Development Standard prohibiting the use ofjake brakes. He further stated the Board does have the authority to extend the date of commencement. He explained the Preservation of Mineral 2002-2079 PL1614 HEARING CERTIFICATION - AGGREGATE INDUSTRIES WEST CENTRAL REGION (USR #1347) PAGE 4 Deposits Act requires commercial mineral deposits to be identified and planned for. He stated this permit process meets the intent of that Act and serves as notification for future developers in the area. Mr. Morrison stated it is intended to have the applicant keep the County informed when they intend to use the permit. He stated their continued plans for mineral development in the area would be sufficient to satisfy the requirements of the Board in the future. Responding to Commissioner Jerke, Norm Roche, Aggregate Industries, stated Jake brakes are not used unless the truck is full. He stated it should not be necessary to use them, especially coming from the east when the trucks are empty. He stated it is easy to enforce this restriction. Mr. Anderson recommended a new Condition of Approval #2.N be added to state, "The applicant shall prohibit the use of engine retardant or limiting brakes(aka"Jake Brakes")within a one(1)mile radius of the entrance/exit of the mining operation." In response to Chair Vaad, Mr. Morrison stated the Board cannot modify the requirement that activity begin within three years; however, they can come before the Board and explain the site's future status and reiterate the proposed timing. Responding to Chair Vaad, Mr. Banks stated the applicant agrees with the Conditions of Approval as proposed and modified. He also suggested a sentence be added to the end of item #3 of the Mitigation Strategy to state,"Monitoring data shall be collected monthly once mining starts." Esther Gesick, Deputy Clerk to the Board, stated at the previous hearings the Board also indicated agreement with deleting the language under Conditions#2.D and#3.A because the haul route will use State Highways under the jurisdiction of the Colorado Department of Transportation (CDOT), and adding new language under Condition of Approval#2.D to state, "The applicant shall address the requirements of the Colorado Department of Transportation as stated in the referral response, dated July 18, 2002, and all plats shall delineate the permit boundary, a minimum of 50 feet from the Colorado Department of Transportation right-of-way."The Board also concurred with deleting Development Standard #31. Commissioner Jerke moved to approve the request of Aggregate Industries West Central Region for a Site Specific Development Plan and Use by Special Review Permit #1347 for an Open Pit Gravel Mining Operation and Concrete and Asphalt Batch Plant 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 also included deleting the language under Condition of Approval #2.D and replacing it to state, "The applicant shall address the requirements of the Colorado Department of Transportation as stated in the referral response, dated July 18, 2002, and all plats shall delineate the permit boundary, a minimum of 50 feet from the Colorado Department of Transportation right-of-way," and adding a new Condition of Approval #2.N to state, "The applicant shall prohibit the use of engine retardant or limiting brakes(aka"Jake Brakes")within a one (1) mile radius of the entrance/exit of the mining operation." He further moved to replace the language under Condition of Approval #2.O with the text of the Mitigation Strategy, dated September 5, 2002, marked Exhibit QQ, adding a sentence to the end of item #3 under Monitoring Program to state, "Monitoring data shall be collected monthly once mining starts,"and deleting the word"persistent"from item#5,and deleting Condition #3.A and Development Standard #31, and renumbering or relettering as appropriate. The motion was seconded by Commissioner Masden, and it carried unanimously. There being no further discussion, the hearing was completed at 11:40 a.m. 2002-2079 PL1614 HEARING CERTIFICATION - AGGREGATE INDUSTRIES WEST CENTRAL REGION (USR #1347) PAGE 5 This Certification was approved on the 16th day of September, 2002. APPROVED: BOARD OF COUNTY COMMISSIONERS _ � WEL UNTY, C_OL/O ATTEST: �� e '/ � �,r; IE � GIt Vaad, Ch Weld County Clerk to th:j o �j' 1♦ "'"�� 1 David E. Lon. ro-Tem Deputy Clerk to the Bo '(UI `� M. J. eile TAPE #2002-29 and #2002-30 SC/ r �° William H. Jerke DOCKET#2002-51 EXCUSED DATE OF APPROVAL Robert D. Masden 2002-2079 PL1614 • - EXHIBIT INVENTORY CONTROL SHEET Case USR#1347 -AGGREGATE INDUSTRIES WEST CENTRAL REGION Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 08/07/2001) D. Clerk to the Board Notice of Hearing E. Applicant Letter re: Revised Map (08/25/2000) F. Davis Graham and Stubbs, LLP Letter to Colorado Mined Land Reclamation Board re: Oil and Gas interests of HS Resources, Inc. (12/14/2000) G. McFeeders Realty Appraisal Letter re: 3rd Amendment to Sand and and Management, LLC Gravel Lease (01/29/2001) H. McFeeders Realty Appraisal Letter re: Edited copy of HS Resource and Management, LLC agreement (02/05/2001) Applicant Letter re: Submittal of Draft Mine Plan and Reclamation Plan (02/09/2001) J. McFeeders Realty Appraisal Letter re: Kurtz Gravel Mine Surface Use and Management, LLC Agreement and Line Expansion Project (03/06/2001) K. Applicant Letter re: Resubmittal of Draft Mine Plan and Draft Reclamation Plan (03/07/2001) L. Applicant Letter re: Memorandum of Surface Use Agreement (03/22/3001) M. HS Resources, Inc. Copy of Revised Surface Use Agreement (04/03/2001) N. McFeeders Realty Appraisal Letter re: HS Resource Proposed Surface and Management, LLC Use Agreement (04/11/2002) O. McFeeders Realty Appraisal Letter re: Pipeline right-of-way Easement and Management, LLC S21, T3N, R67W (04/27/2001) P. Public Works Staff Memorandum re: Traffic Study Review Comments (07/06/2001) r -� Q. Varra Companies, Inc. Letter re: Traffic Analysis for USR #1347 and USR #1343 (08/24/2001) R. Varra Companies, Inc. Letter re: Coordination of planned activities with existing operations (08/20/2001) S. Applicant Letter re: Additional work following Planning Commission hearing (10/05/2001) T. Applicant Letter to neighbors for meeting (11/21/2001) U. Applicant Letter to neighbors scheduling meeting for December 10, 2001 (11/30/2001) V. Applicant Letter to HS Resources re: signed copies of proposed Surface Use Agreement and Memorandum of Surface Use Agreement (09/24/2001) W. Applicant Various documents re: Property ownership X. McFeeders Realty Appraisal Letter re: Understanding between applicant and Management, LLC and surrounding property owners (01/11/2002) Y. Applicant Letter re: Conditions prior to scheduling BOCC hearing (01/15/2002) Z. Scott Wilson Letter of Opposition (01/30/2002) AA. Applicant Letter re: Submittal of Deeds of Dedication and Construction Easement (04/17/2002) BB. Linda and Ritchie Pyeatt E-Mail re: Neighborhood meeting to discuss monitoring wells (04/16/2002) CC. Applicant Letter re: Request for delay of hearing (04/17/2002) DD. Public Works Staff Memorandum re: Site access (04/16/2002) EE. Planning Staff E-Mail re: Response to Applicant regarding BOCC hearing scheduling (04/23/2002) FF. Applicant Letter re: Update regarding neighborhood outreach, Groundwater Hydrology Report, Proposed Groundwater Mitigation Strategy (05/09/2002) GG. Applicant Letter re: Copy of letter to Bobbie Wilson (05/16/2002) HH. Applicant E-Mail re: Request to schedule BOCC Hearing with response from Planning Staff (05/29/2002 I I. Applicant Letter re: Proposed Development Standard for Groundwater Mitigation Strategy and Letters to surrounding property owners (07/15/2002) JJ. Bruce Rippe E-Mail of Concern (07/16/2002) KK. Planning Staff Photo of sign posted on site LL. CDOT Letter re: Right-of-way (07/18/2002) MM. Applicant Letter re: Groundwater Mitigation Strategy (07/25/2002) NN. Forrest Leaf Draft Report and Overheads OO. Planning Staff Overhead of Proposed Changes to Mining Plan PP. Pyeatt Farms Letter of Concern to Div. of Minerals and Geology (08/01/2002) QQ. 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