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Home My WebLink About20022456.tiff HEARING CERTIFICATION DOCKET NO. 2002-73 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1354 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES FOR OPEN PIT MINING AND MATERIALS PROCESSING,INCLUDING A CONCRETE AND ASPHALT BATCH PLANT, IN THE A (AGRICULTURAL) ZONE DISTRICT - AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. A public hearing was conducted on September 25, 2002, at 10:00 a.m.,with the following present: Commissioner Glenn Vaad, Chair Commissioner David D. Long, Pro-Tern - EXCUSED Commissioner M. J. Geile Commissioner William H. Jerke - EXCUSED Commissioner Robert D. Masden Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Kim Ogle Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated September 6, 2002, and duly published September 11, 2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Aggregate Industries West Central Region, Inc., for a Site Specific Development Plan and Use by Special Review Permit#1354 for Mineral Resource Development Facilities for Open Pit Mining and Materials Processing, including a Concrete and Asphalt Batch Plant, in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Vaad advised the applicant's representative, Danna Ortiz, Rocky Mountain Consultants, Inc., of the option to continue to a date when the full Board is present because approval will require a unanimous vote of the three Commissioners in attendance. Ms. Ortiz indicated the applicant would like to proceed today. 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. Mr. Ogle gave a brief description of the location of the site and surrounding uses. He stated a portion of the site is within the flood plain, and the parcel also has a residence and outbuildings associated with agricultural practices. Mr. Ogle stated the presence of the Preble's Meadow Jumping Mouse will be addressed through Condition of Approval#3.E, and only 219 acres of the 493-acre site will be mined through eleven phases. He explained this will be dry pit operation, using slurry walls, dredges and pumps, the mined materials will be transported with a conveyor to the processing area, and there will be a maximum of 20 employees, working two shifts during daylight hours, Monday through Saturday. Mr. Ogle further stated the mined areas will be reclaimed concurrent with continued mining operations, and impacts to the wildlife habitat will be minimized through the avoidance of a large stand of trees adjacent to the South Platte River. He reviewed the haul route 2002-2456 PL1629 HEARING CERTIFICATION - AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. (USR#1354) PAGE 2 and stated the applicant is not being required to make improvements to the State Highway system at this time as noted in Exhibit 39. Mr. Ogle stated the Department of Public Works is requiring additional right-of-way to be dedicated to the County for the improvement of the intersection of Weld County Road 396 and Two Rivers Parkway. He stated there is also the possibility of a secondary haul route using a spur line from the Union Pacific Railroad. (Switched to Tape #2002-32.) Mr. Ogle stated 22 referral agencies reviewed this proposal, 16 responded with comments that have been addressed in the Conditions of Approval and Development Standards, and the remaining agencies did not respond. He stated staff received one letter from Gene Kammerzell,owner of Arborland Nursery,expressing concern regarding noise,dust,visual impact, and traffic safety on Highway 60. He stated the applicant has reached an agreement with Mr. Kammerzell,as noted in Exhibit 50. He further stated one telephone call was received from Donna Shable concerning access to her property and the closing of railroad crossings. Mr. Ogle clarified the railroad crossings will not be closed. Peter Schei, Department of Public Works, stated prior to recording the plat the applicant needs to acquire and dedicate the additional right-of-way to the County, which is needed to accommodate the improvements at the intersection of Two Rivers Parkway and Weld County Road 396. Mr. Schei stated there is an agreement for the signed deeds of dedication for this project. He further stated there is a short-term Improvements Agreement that will upgrade and pave Weld County Road 396 from the entrance west to Two Rivers Parkway and realign that intersection. The long- term agreement will address the haul route. Responding to Commissioner Geile, Mr. Schei stated this operation will generate 225 truck trips per day, and Condition of Approval #2.M obligates the applicant to pave from the access to Two Rivers Parkway; traffic will not go east on Weld County Road 396. Mr. Schei further stated the roadway and construction plans have been submitted and approved, and the long-term impacts still need to be determined and will be accommodated through an improvements agreement prior to recording the plat. Responding further to Commissioner Geile, Mr. Schei stated it is anticipated that 55 percent of the traffic approaching Two Rivers Parkway from Weld County Road 396 will go north, and 45 percent will go south to Highway 60. Mr. Morrison stated the applicant will be responsible for improvement costs based on the traffic study and the proportionate impacts. Mr. Schei stated the proportionate costs will consider the weight bearing distribution of the truck loads, proportioned accordingly to passenger vehicles, to create a ratio. He further stated the traffic study does not include traffic on Highway 60 to Highway 85 or 1-25. Char Davis, Department of Public Health and Environment, requested Condition of Approval #3.1 be added to require the applicant to have an individual sewage disposal system installed for the proposed processing plant area prior to operation. She stated this has been proposed to the applicant and they have indicated agreement. Danna Ortiz, Rocky Mountain Consultants, Inc., represented the applicant and stated they are in complete agreement with all of staffs' recommendations and requests. In response to Commissioner Masden, Ms. Ortiz stated all of the agreements with the oil and gas companies have been completed and will be recorded on the plat. Responding to Commissioner Geile, Ms. Ortiz stated the road maintenance and improvements agreement relates specifically to Weld County Road 396 and Two Rivers Parkway. She reviewed the traffic distribution and stated the traffic leading to Denver will be significantly reduced if an agreement is reached with the Union Pacific Railroad. Responding further to Commissioner Geile, Ms. Ortiz stated the Colorado Department 2002-2456 PL1629 HEARING CERTIFICATION -AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. (USR #1354) PAGE 3 of Transportation (CDOT) indicated no formal improvements are needed for Highway 60, and she added if the Highway were to come under the jurisdiction of Weld County, the applicant would be willing to enter into an agreement with the County for a proportional share of the maintenance costs. In response to Commissioner Masden, Ms. Ortiz stated mining will not begin for approximately five years, they will continue working on a mouse mitigation plan, they will be installing groundwater monitors, and the mining operation could last up to 35 years. She further stated less than half the permit area will be mined and the extent of mining will depend on market demand. Dwaine Shable, surrounding property owner, expressed concern with the proposed upgrades to the intersection of Weld Country Road 396 and Two Rivers Parkway, as well as potential impacts to the groundwater. In response to Commissioner Masden, Mr. Shable stated the wells are at bedrock at a depth of 40 feet, with approximately 25 to 30 feet of water. He also questioned what speed limit will be enforced on Two Rivers Parkway. There being no further comments, Chair Vaad closed public testimony. Ms. Ortiz stated they intend to straighten the curve on Weld County Road 396 so it is perpendicular to Two Rivers Parkway to improve the sight distance. She further stated they have done a groundwater model of the entire site and located all existing wells adjacent to the site. She explained they will place monitors near all the wells, which will provide two years of base information prior to operation. She further stated the applicant would be willing to monitor the Shable's well. In response to Commissioner Geile, Ms. Ortiz stated if the water level drops more than one foot, the applicant will be responsible for mitigating the impact to any registered wells. George Hicks, Union Pacific Railroad, stated he has contacted the Shables who have a deeded crossing over the Union Pacific Railroad. He stated they are reviewing leaving the crossing at its current location or moving the crossing closer to Highway 60, which would eliminate the need to go across two sets of tracks. Mr. Schei stated the plans do not indicate a change in the speed limit. Mr. Shable stated the traffic often speeds through this area, and with the addition of large trucks, the traffic will need to be better controlled. In response to Commissioner Geile, Mr. Shable stated the applicant's answers satisfy his concerns regarding the groundwater, and he will work more with the Union Pacific Railroad regarding the location of the crossing. Mr. Schei clarified the posted speed limit is 40 miles per hour in the study area. Mr. Shable stated the traffic consistently travels faster than 40 miles per hour. Chair Vaad commented the Board can request additional enforcement in this area in the future, if needed. In response to Chair Vaad, Ms. Ortiz stated the applicant has reviewed and agrees with Conditions of Approval as proposed and modified. Responding to Commissioner Masden, Ms. Ortiz stated there will not be any crossing guards added at the railroad crossing on the Shables' property. Mr.Ogle requested the following be deleted: Conditions of Approval#2.A.1 through#2.A.4,the first sentence of Condition#2.A.5, Conditions#2.A.6,#2.A.8,and#2.A.9,Conditions#2.B,#2.C,#2.E, #2.G,#2.H,#2.J,#2.K,#2.L,the first sentence of Condition#2.N,and Development Standard#32. He also requested Condition#3.D be amended to delete the phrase"and Platteville-Gilcrest,"and add Condition #3.1 to state, "An individual sewage disposal system is required for the proposed 2002-2456 PL1629 HEARING CERTIFICATION - AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. (USR #1354) PAGE 4 processing plant area and shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County I.S.D.S. Regulations." Commissioner Geile moved to approve the request of Aggregate Industries West Central Region, Inc., for a Site Specific Development Plan and Use by Special Review Permit #1354 for Mineral Resource Development Facilities for Open Pit Mining and Materials Processing, including a 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 Conditions of Approval #2.A.1 through #2.A.4, the first sentence of Condition #2.A.5, Conditions #2.A.6, #2.A.8, and #2.A.9, Conditions #2.B, #2.C, #2.E, #2.G, #2.H, #2.J, #2.K, #2.L, the first sentence of Condition#2.N, and Development Standard #32. Commissioner Geile further moved to amend Condition#3.D to delete the phrase"and Platteville-Gilcrest,"add Condition#3.1 to state, "An individual sewage disposal system is required for the proposed processing plant area and shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County I.S.D.S. Regulations," and renumber or reletter as appropriate. The motion was seconded by Commissioner Masden, and it carried unanimously. Commissioner Geile commended the applicant for working with the various agencies and surrounding property owners on all the various issues. Chair Vaad concurred. There being no further discussion, the hearing was completed at 11:15 a.m. This Certification was approved on the 30th day of September 2002. APPROVED: BOARD OF COUNTY COMMISSIONERS WEOUNTYOLORADO ATTEST: L /m f iiliasa4 Lk, ilia Glenn Vaad, Chair `"0�' �1 Weld County Clerk to� ;- � a :. 1 -.-' EXCUSED _, �r� `, David E. g, Pro-Tem BY: '�_I Deputy Clerk to the M. J. Geile TAPE #2002-31 and #2002-32 EXCUSED ram H. Jerke ur____ DOCKET#2002-73 le Robert D. Ma den 2002-2456 PL1629 EXHIBIT INVENTORY CONTROL SHEET Case USR#1354 -AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. 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 11/20/01) D. Clerk to the Board Notice of Hearing E. Arborland Nursery Letter to Division of Minerals and Geology, Dept. of Natural Resources (12/03/01) F. Aggregate Industries Letter to Gene Kammerzell (12/07/2001) G. Savage and Savage Letter to U.S. Fish and Wildlife Service re: Eagle Night Roost Survey (04/12/2002) H. Applicant Vehicle Washing Plan and Waste Handling Plan (04/16/2002) I. Applicant Letter to Union Ditch Company (04/16/2002) J. Applicant Application for APEN, and evidence of NPDES permit (04/18/2002) K. Savage and Savage Letter to U.S. Army Corps of Engineers re: Preble's Meadow Jumping Mouse (05/01/2002) L. U.S. Dept of Interior Letter to Michael Savage re: Eagle Night Roosts (05/14/2002) M. Public Works Staff Memo re: Conveyor Crossing (05/10/2002) N. Patina Oil and Gas Corp. Letter re: terms and conditions agreed upon with applicant (06/14/2002) O. Union Pacific Railroad Company Letter re: Agreement with applicant (07/09/2002) P. Health Staff Conditions which are resolved (07/30/2002) Q. Applicant Letter addressing issues prior to scheduling BOCC (07/10/2002) R. Applicant Letter to Fountainhead Resources, Ltd. (06/03/2002) S. Applicant Letter to Vern Kammerzell (06/10/2002) T. Applicant Letter to Public Works (06/27/2002) U. K. P. Kauffman Company, Inc. Letter to applicant (07/01/2002) V. Gauthiere Engineering Letter to Applicant re: Realignment of Big Thompson and Platte River Ditch (07/11/2002) W. Wilson Farms Letter of response to Division of Minerals and Geology (08/07/2002) X. Gauthiere Engineering Letter to applicant (08/15/2002) Y. Planning Staff Photo of sign posted on site Z. Applicant Letter from Division of Minerals and Geology (12/13/2001) AA. Applicant Overhead Conveyor Bridge Crossing Agreement BB. CC. DD. EE. FF. GG. HH. I I. JJ. KK. LL. MM. 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