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HomeMy WebLinkAbout20023024.tiff tri#-%stsszt DEPARTMENT OF PLANNING SERVICES rs 1555 N. 17`"AVENUE ' GREELEY, COLORADO 80631 WEBSITE:www.co.weld.co.us C E-mail address: @ EXT. 35 S O PHONE (970)353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO November 5, 2002 Connie Nickle Davis Aggregate Industries West Central Region, Inc. Post Office Box 337231 Greeley, CO 80633 Subject: AmUSR 897, Riverview Resource Development Standard number 23, Hours of Operation Dear Connie: The Department of Planning Services has review your letter dated October 25, 2002 concerning the hours of operation for the Site Specific Development Plan and a Special Review Permit referenced above. The recorded plat for AmUSR 897, Riverview Resource, Development Standard number 23 states "As indicated in the application material, hours of operation will be two shifts during daylight hours, Monday through Saturday. Hours of operation in the winter months (November through April)will be 7:00 am to 5:00 pm and in the summer months (May through October)will be 7:00 am to 7:00 pm with limited hours of operation during the summer months. (Department of Planning)" Whereas, your letter of October 25, 2002, claims the narrative segment of the USR Permit Application states "The number of shifts will be 2, which will operate Monday through Saturday, during daylight hours." Staff reviewed the language in the Weld County Code, specific to Section 23-4-290.8 that states "All Sand and Gravel Operations Shall Be Conducted During the Hours of Daylight Except in the Case of Public or Private Emergency, or to Make Necessary Repairs to Equipment. This Restriction Shall Not Apply to Operation of Administrative and Executive Offices or Repair Facilities Located on the Property." This office has determined that the intent of the language in Development Standard 23 and the Weld County Code state the same concept, as such, the Department of Planning Services will agree to the change in language as proposed by the applicant and as outlined in Section 23-4-290.8 of the Code as referenced above. Further, Staff will not require any further action on the part of Aggregate Industries. usi'cP> F� caa7 //- /7-JOC a 2002-3024 For future reference, this letter dated November 5, 2002 and your earlier correspondence will be included in the land use case file AmUSR 897 located at the Clerk to the Boards office, Centennial Building, 915 10th Street, Greeley, CO 80631. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, Kim Ogl Planner pc:Clerk to the Board,AmUSR 897 Planning Services Case File,AmUSR 897 CER Pww11.D MAIL—No. 7000 0520 0022 0979 8106 Weld County Planning GREELEY OFFICE partment October 25, 2002 OCT 2 8 2002 AGGREGATE RECEIVEDINDUSTRIES Mr. Kim Ogle Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Re: AmUSR 897—Riverview Resource Hours of Operation Dear Kim: Aggregate Industries is preparing to commence operations under the above-referenced Use by Special Review permit. In reviewing the development standards for this permit, it has come to our attention that a limitation on hours of operation that exceeds County policy was included in the following standard: 23. As indicated in the application material, hours of operation will consist of two shifts during daylight hours, Monday through Saturday. Hours of operation in the winter months (November through April) will be 7:00 a.m. to 5 p.m. and in the summer months(May through October)will be 7:00 a.m. to 7:00 p.m. with limited hours of operation during the summer months. The narrative segment of the USR permit application, as contained in Paragraph 2.b. of the application cover letter, states,"The number of shifts will be 2, which will operate Monday through Saturday, during daylight hours." This reference is consistent with Weld County operations policies for open mining, which states, "All sand and gravel operations shall be conducted during the hours of daylight . . ." [§23-4-290 B, Weld County Code]. The limiting language for the hours of operation was likely derived from City of Greeley comments received by the Weld County Planning Department during the application referral process. In transmitting the City's recommendation of approval for the application, City Planner Debbie de Besche included a copy of their planning staff report which contained a condition of approval stating, "Hours of operation shall be Monday through Friday 7:00 a.m. to 5:00 p.m. in the winter months and 7:00 a.,m. to 7:00 p.m. in the summer months with limited hours on Saturday." Ms. DeBesche stated in her transmittal letter that the conditions approved by the Planning Commission differed some from the staff report, however she did not specify the difference nor did she transmit a copy of the minutes of the Planning Commission Proceedings regarding the application referral. The staff recommended hours restriction was discussed at length during the November 9, 1999 City Planning Commission Proceedings, and that condition was ultimately omitted from the Commission's Aggregate Industries West Central Region,Inc. Connie Nickle Davis,Support Services 3605 South Teller Street P.O.Box 337231,Greeley,CO 80633 Lakewood,CO 80235 970-336-6526 Fax:970-378-6856 Telephone: 303-985-1070 An Equal Opportunity Employer S AGGREGATE Mr.Kim Ogle,Weld County Department of Planning Services INDUSTRIES October 25,2002 Page Two recommendation of approval. The Commission's motion and vote, specifically omitting the hours condition, appears on Page 7 of the minutes of those proceedings. A copy of the draft minutes, as faxed to me from the City shortly after the hearing, is enclosed for your reference. If necessary for your purposes, I will attempt to obtain a copy of the final document. Aside from City of Greeley comments, various concerns expressed by neighbors and developers in the area were addressed by the removal of approximately 40 acres of proposed mining from the mine plan. Seventeen(17)acres were removed from a mine cell adjacent to neighbors in a subdivision on the north, and an entire 23-acre mining cell between the No. 3 Ditch and the Poudre River, adjacent to a future development site, was eliminated. The additional buffer zone created between the remaining mine cells and the existing and proposed developments addresses any concerns related to hours of operation. Hours of operation was not raised as an issue of concern in other venues of the permit approval process. The only reference to hours during the County Planing Commission hearing on February 15, 2000 was a question raised by Aggregate Industries' representative, Gary Tuttle, inquiring if equipment could be repaired after dark, to which Commission member Cristie Nicklas responded, stating that is allowed as part of the permit. The Hearing Certification(Docket No. 2000-14)regarding the public hearing on this matter before the Board of County Commissioners does not reflect any statements regarding hours of operation. However, the presentation given by Mr. Kim Ogle of the Weld County Planning Department included the following statement: "There will be a maximum of 35 employees with two shifts of workers operating during daylight hours Monday through Saturday". There was no reference to a limitation of those hours. A copy of Mr. Ogle's presentation is enclosed herewith. We believe that the hours of operation limitation was incorporated into proposed development standards for AmUSR897 in error, based upon unclear information regarding the City of Greeley's recommendation for approval. Furthermore, the removal of 40-acres of mining from the mine plan in response to neighbor concerns effectively mitigated any further premise for maintaining the limitation, however removal of the limitation from the development standard was overlooked in the course of the proceedings. In view of these facts, and considering that a limitation of hours was not the subject of public hearings in this matter, Aggregate Industries respectfully requests that the hours of operation for AmUSR897, be re-instated to the County Code standard of daylight hours. We appreciate your time and consideration in this matter. Very truly yours, 7l, Connie Nickle Davis Support Services Representative Enclosures cc: Aggregate Industries-WCR, Inc. —Mike Refer, Tom Maul, Mike McAfee Connie Nickle Davis,Support Services P.O.Box 337231,Greeley,CO 80633 970-336-6526 Fax:970-378-6856 CERTIFIED MAIL—No. 7000 0520 0022 0979 8083 MOO,Della"— Weld CO"GREE1E� OFFICE AGGREGATE October 25, 2002 OCI P 2002 INDUSTRIES RECE IV ED Mr. Kim Ogle Weld County Department of Planning Services 1555 North 17ih Avenue Greeley,CO 80631 Re: AmUSR 897—Riverview Resource Dear Kim: I appreciated the opportunity to meet with you on October 11, 2002 regarding the above-referenced use by special review permit. This letter is submitted as a memorandum of our discussion regarding sequence of mining. I advised that Aggregate Industries is preparing to commence operations at Riverview Resource. The processing area will be developed in Cell 6 as identified in the mine plan, and Cell 1 will be mined to establish a settling/wash pond in support of the processing activity. Sequence of mining among the remaining four(4)cells identified in the plan is being evaluated based on operational and neighborhood considerations. As you and I discussed, numbering of cells on the mine plan is for reference purposes only and is not intended as a chronological ordering requiring a specific mining sequence. The intent is to provide an identification of the various mining and reclamation phases within the property. With that understanding, the sequence of mining at Riverview Resource will be determined by operations personnel as mining progresses. Thank you for your time and verification of our understanding in this matter. Very truly yours, S41t? >l Connie Nickle Davis Support Services Representative cc: Aggregate Industries-WCR, Inc. —Mike Refer, Tom Maul, Mike McAfee Aggregate Industries West Central Region,Inc. Connie Nickle Davis,Support Services 3605 South Teller Street P.O.Box 337231,Greeley,CO 80633 Lakewood,CO 80235 970-336-6526 Fax:970-378-6856 Telephone: 303-985-1070 An Equal Opportunity Employer FROM' CITY OF 3REELEY FAX NO. ' 9703309800 11-16-99 05'12P P.02 PLANNING COMMISSION PROCEEDINGS g✓R/� NOVEMBER 9, 1999 �� ^I Pr CITY HALL COMMUNITY ROOM lift p I. CALL TO ORDER The meeting was called to order by Chairman Hernandez at 1:15 p.m. in the City Hall Community Room. Also present were Commissioners Bailey, Coggins, Lockhart, Rentschler, and Valencia. Commissioner Nickerson was absent. IL APPROVAL OF MINUTES OF OCTOBER 26, 1999 Commissioner Rentschler moved, seconded by Commissioner Bailey, to approve the minutes of the October 26, 1999, meeting. The motion carried 6-0. III. WELD COUNTY REFERRAL FOR AN AMENDED SPECIAL REVIEW PERMIT FOR GRAVEL MINING AND A CONCRETE AND ASPHALT BATCH PLANT Debbie de Besche, Planner II, distributed a copy of an additional condition (condition number nine) to the Planning staff's recommendation along with a letter from Steven C. Augerot, City Parks Program Manager. Ms. de Besche introduced the item as a Weld County Referral for an amended special review permit for gravel mining and a concrete and asphalt batch plant. The applicant's proposed and amended special use permit boundary includes approximately 340 acres, of which 252 acres will be used for gravel mining. The applicant has indicated that this will be a dry pit operation and will include seven phases. The total mining operation is anticipated to take 13 to 20 years depending on the market demand. It is expected that the operator will excavate approximately 15 to 25 acres per year and will operate continuously throughout the time period. There will be a maximum of 35 employees with two shifts of workers operating during daylight hours Monday through Saturday. All trucks associated with the use will exit the property onto 83r° Avenue and proceed north or south. The primary haul route will be 83" Avenue to State Highway 34 (lot° Street). A temporary access has been proposed along 71" Avenue at the point the Poudre River Trail intersects 71# Avenue for the initial mining setup. FROM' CITY OF GREELEY FAX NO. : 9703509000 11-16-99 CSI13P P.03 The applicant has indicated that noise levels will comply with the requirements of the Weld County Health Department. All activities will be regulated by the Mine Safety Health Act (MSHA) and the Occupation Safety and Health Act (OSHA). Ms. de Besche noted that the noise level will need to comply with residential standards when the Poudre River Ranch PUD is developed. It is the practice of the City of Greeley Planning Commission to review Weld County Referrals principally for conformance with the City's Comprehensive Plan policies. Specific design issues are addressed only to the degree necessary to ensure consistency with the City's Comprehensive Plan and Development Code. State Law and the Development Code require the mining of materials of a commercial grade prior to development. First, Ms. de Besche considered Comprehensive Plan policy 4.3 which encourages all development to be designed to promote compatibility among neighboring land uses of differing intensity and character. She advised that applicant has indicated that the mining operation will be done during daylight hours Monday through Saturday. Staff recommended that the mining operation have specific hours of operation of 7:00 a.m. to 5:00 p.m. in the winter months and 7:00 a.m. to 7:00 p.m. in the summer months with limited hours on Saturday mornings. The applicant has identified 71"Avenue as a temporary access, but does not identify how long this would he used as a temporary access and what is involved with the set up of the operation. Truck traffic generated from the set up and the continued operation of the mining would have a major impact to City residents south of the site. The Pubic Works Department recommends that traffic associated with the use be restricted from using 71" Avenue in either direction south of the site because of the conflicts with adjacent. residential traffic and student traffic from Northridge High School. • Next, Ms. de Besche considered Comprehensive Plan Policy 4.5 which encourages all development to effectively mitigate adverse environmental impact when occurring in environmentally sensitive areas. According to Ms. de Besche, the site is located in an area identified as "high impact" in the City's mapped Areas of Ecological Significance and a portion of the site is located where the future Poudre River Trail is planned. She advised that the mining activity will destroy a number of existing wildlife habitat areas. Ms. de Besche indicated that cell one is not lined. She advised that lined lakes have even less habitat value since water tends to stagnate. In order to achieve an adequate habitat for the wildlife, she recommended that revegetation plans be made to include herbaceous perennials in the grass seed mixture. It was also recommended that the habitat restoration and revegetation efforts he planned and monitored by a qualified wildlife biologist/ecologist. Planning Commission Proceedings• 2 November 9, 1999 FROM: CITY OF GREELEV FP% 140. 1 9703509000 11-16-99 05'13P P.04 • ( i The Poudre River Trail is planned for construction on the southern perimeter of the site. There is a 100-foot easement shown for the trail in the area of cell one. Ms. de Besche pointed out that the construction of this section of the trail is expected to take place prior to mining activities. The proposed conveyor crosses the trail in two locations. She stated that any safety or security measures needed by the mining activities should be the responsibility of the mining operators and not the City or trail organization. Conversations between City staff and the applicant indicate this is acceptable and that the mining operation will not interfere with the use of the trail by the public. An additional issue identified by the City is the permit augmentation responsibilities for the site. Augmentation is the process of replacing evaporated water as a result of creating the large bodies of water from the mining process. It was unclear to staff who will be responsible for meeting the augmentation requirement; however, it should at least be identified with this review process. Staff suggested that clarification of the responsible party be a condition of amending the special review permit. The Administrative Review Team reviewed this proposal informally on October 27, 1999. Ms. de Besche advised that comments from that meeting were addressed in her report. Written response from the City's Natural Resource Planner was included as Attachment G. In conclusion, Ms. de Besche urged the Planning Commission to find that the proposed amendment to the special review permit for gravel mining and a concrete and asphalt batch plant complies with the policies and intent of the City's Comprehensive Plan and recommended approval with the following conditions: (1) Hours of operation shall be Monday through Friday 7:00 a.m. to 5:00 p.m. in the winter months and 7:00 a.m. to 7:00 p.m. in the summer months with limited hours on Saturday; (2) The temporary access on 71y1 Avenue clearly defined as to the length of use and exact type of truck traffic; (3) All traffic generated from the Special Review Use shall be restricted from using 71" Avenue in either direction south of the site because of the conflicts with adjacent, residential traffic and student traffic from Northridge High School; (4) The reclamation plan shall be redesigned in order that the wildlife habitat restoration and revegetation efforts be planned and monitored by a qualified wildlife biologist or ecologist; (5) The Special Review Permit shall take into consideration the Poudre River Trail Project; (6) Clarification on who will be responsible for meeting the augmentation requirement for the site; (7) Noise generated from the site shall meet all City and State requirements; (8) A perimeter treatment plan shall be required along 71" Avenue and 83rd Avenue; and (9) Revegetation of the site should contain native and natural seed mixes as identified in a letter dated November 4, 1999, from Steven C. Augerot with the City Parks and Recreation Department. In addition, noxious weeds are anticipated to be a problem and should he eradicated using a combination of techniques. Planning Commission Proceedings 3 November 9, 1999 , FP0MI CITY OF GREELEY FAX HO. ' 9703509800 11-16-99 85'14P P.05 ( Commissioner Hernandez asked if the City is expecting to be responsible for the augmentation of the site at this time. Ms. de Besche replied by saying that it is unclear who will be responsible for the augmentation at this time. Jeff Parins, City Attorney, stated that State Law requires augmentation to be the responsibility of the landowner. One of the Commissioners asked whether the temporary access would impact the bridge on 71E Avenue. Rebecca L. Satanic, Community Development Director, replied that the Public Works Department did not address the impact on the bridge; however, they did address that they did not want traffic associated with the use be restricted from using 71" Avenc:e in either direction south of the site because of the conflicts with adjacent, residential traffic and student traffic from Northridge High School. Commissioner Valencia inquired about the hours of operation. Ms. de Besche noted that the hours of operation would be Monday through Friday 7:00 a.m. to 5:00 p.m. in the winter months and 7:00 a.m. to 7:00 p.m. in the summer months, with limited hours on Saturday. Commissioner Valencia asked for clarification on condition number eight. Mr Valencia also inquired if there was a perimeter treatment plan for "O" Street. The applicant has indicated that a perimeter treatment plan shall be required along 711t Avenue and S3rd Avenue; however, there has not been a perimeter treatment plan submitted for "O" Street. Representing the applicant was Shani Eastin of Tuttle Applegate, Inc., 11990 Grant Street, Denver, Colorado. Ms. Eastin stated that she would be addressing staff's recommendations and would help the Commission better understand the project better. Connie Davis of CAMAS Colorado, Inc. was also present to address the Commission. Ms. Eastin stated that the applicant has the biggest disagreement with condition number one under staffs recommendation. She advised that there is a Weld County Ordinance which allows mines to operate throughout daylight hours. She stated that they would like the City to adhere to the construction industry and allow more flexibility to work with the county's hours. Planning Commission Proceedings 4 November 9, 1999 FROM' CITY OF GREELEY FAX HO. ' 9703509000 11-16-99 05115P P.06 • • Next, Ms. Eastin addressed condition number two. She stated that there would not be any hauling of materials and there would only be daily employee traffic on 71" Avenue. She noted that the applicant does not want to see any heavy truck traffic south on 71" Avenue either. According to Ms. Eastin, the applicant has a Road Maintenance and Approval Agreement with Weld County. In regard to condition number three, Ms. Eastin stated that the applicant does not have plans to use 71" Avenue in either direction south of the site. Then, Ms. Eastin addressed conditions four and five. She stated that the applicant is adamant about wildlife habitat restoration and revegetation efforts. According to Ms. Eastin, in order to reestablish drainage the applicant will be rerouting the natural drainage. In regard to condition number six, Ms. Eastin explained the definition of augmentation to the Conunission. In regard to condition number seven, Ms. Eastin advised that noise generated from the site will meet ail City and State requirements. In regard to condition number eight, Ms. Eastin stated that the applicant is also concerned about the perimeter treatment plan. The applicant will provide a slight berming of trees along 83" Avenue across to "O" Street and for the neighborhood west of that area. In regard to condition number nine, Ms. Eastin stated that they have obtained a minerals/geology permit from the State. She also stated that they would be willing to follow the suggestions made by City Forester Joe Lohnes. Commissioner Rentschler asked if it would be possible to load the trucks the night before. Ms. Davis replied by saying that the aggregate material should not be loaded the tight before the job, it should be loaded when the construction site is ready. She noted that a similar site exists across 83" Avenue which meets County requirements. Ms. Davis added that for the City to impose stricter hours for the proposed gravel mining and a concrete and asphalt batch plant would be unfair. Commissioner Valencia advised that it would be beneficial for the site to set times which coincide with the Greeley Development Code. He also wanted to know if the applicant's plans address growth. Planning Commission Proceedings 5 November 9, 1999 FROM' C:Tv OF 3FEELEV FAX NO. ' 5703se98ee 11-16-99 05'15P P.07 • Ms. Eastin stated that as growth occurs in the area, the applicant is willing to work within the City's time parameters in regard to hours of operation. Ms. Safarik noted that Poudre River Ranch, Phase Three, is located near the site. There was a brief discussion about the distance between the site and Poudre River Ranch, Phase Three. It was estimated that Phase Three is located one quarter or one third of a mile away. Ms. Safarik stated that the principal concern about the site is the noise and not so much the operation. Greg Thompson, Planning Manager, stated that an ART (Administrative Review Team) scoping was held to discuss Poudre River Ranch, Phase Three. Among the items discussed were patio homes and condominiums backing up to the south side of the property. Next, there was a general discussion about the noise levels of the projected site. Chairman Hernandez recommended that condition number one, regarding the hours of operation, be rephrased to include the consideration of the growing population in that area. Ms. Davis recommended that it would also be beneficial to accommodate the market demand. According to Ms. Davis, the conveyor does not have a high-impact noise level. She also stated that the natural vegetation such as trees in the area should provide appropriate buffering. Ms. Eastin added that the biggest complaint CAMAS usually receives is the back u.p alert on construction vehicles. Chairman Hernandez inquired as to what the City has done with other similar situations. Ms. Safarik responded by saying that the City has not received very many complaints about Bestway Paving which has a fenced screened around the property. Commissioner Coggins inquired as to how much noise asphalt operators make. Ms, Davis replied that there is not any noise associated with an asphalt operator. Commissioner Bailey inquired as to whether the reclamation includes whether cells are lined or unlined. Ms. de Besche stated that unlined cells are preferred. She also stated that adequate plantings and seeds would sustain wildlife. Planning Commission Proceedings 6 November 9, 1999 runs s.isv OF GNEELEv FAX N0. s 9707509900 11-16-99 05116P P.09 . Commissioner Rentschler asked what would happen if the Commission decided to accept the Planning staffs recommendation. Commissioner Lockhart stated that it gives the other site an unfair advantage. Commissioner Bailey inquired about the City decibel level. Ms. Eastin inquired about the City decibel level, as well. It was also asked if the City adheres to the State decibel level. Mr. Parins advised that the City is more restrictive when it comes to decibel levels due to density. He advised that the City takes the area of the complaint and measures it from the house and not the source. Ms. Davis advised that CAMAS Colorado, Inc. would be willing to assist with monitoring of the noise and willing to work with the neighbors. Ms. Safarik noted that if the City does not receive any noise complaints about the site there is not a problem. Commissioner Lockhart moved to accept the Planning staffs recommendation for support of the amendment to the special review permit for gravel mining and a concrete and asphalt batch plant with the following modifications to the conditions (1) Condition number one shall be omitted - Hours of operation shall be Monday through Friday 7:00 a.m. to 5:00 p.m. in the winter months and 7:00 a.m. to 7:00 p.m. in the summer months with limited hours on Saturday; (2) The temporary access on 71S1 Avenue clearly defined as to the length of use and exact type of truck traffic; (3) All traffic generated from the Special Review Use shall be restricted from using 71" Avenue ::n either direction south of the site because of the conflicts with adjacent, residential traffic and student traffic from Northridge High School; (4) The reclamation plan shall be redesigned in order that the wildlife habitat restoration and revegetation efforts be planned and monitored by a qualified wildlife biologist/ecologist; (5) The Special Review Permit shall take into consideration the Poudre River Trail Project (6) Clarification on who will be responsible for meeting the augmentation requirement for the site; (7) Noise generated from the site shall meet all City and State requirements; (8) Condition number eight shall include a perimeter treatment plan for "O" Street - A perimeter treatment plan shall be required along 71" Avenue, 83'd Avenue, and "O" Street; and (9) Revegetation of the site should contain native and natural seed mixes as identified in a letter dated November 4, 1999, from Steven C. Augerot with the City Parks and Recreation Department. In addition, noxious weeds are anticipated to be a problem and should be eradicated using a combination of techniques. Commissioner Valencia seconded the motion which carried 6-0 (Nickerson absent). Planning Commission Proceedings 7 November 9. 1999 Good Morning, Kim Ogle, Department of Planning Services Site Plan Graphic- VICINITY MAP This application is for an amendment to an existing Site Specific Development Plan and a Special Review Permit for Gravel Mining and a Concrete and Asphalt Batch Plant in the Agricultural zone district. The sign noting the hearing date and location was posted March 17, 2000 by the Department of Planning Services'. The site is located South of and adjacent to WCR 64 ("O" Street), west of and adjacent to WCR 29 (71st Avenue) and east of and adjacent to WCR 27 (83rd Avenue). The City of Greeley is immediately adjacent to the south. The site consists of irrigated farmland and pasture land with a majority of the site located within the 100-year floodplain. There are riparian areas composed of wetland and woody plant material adjacent to the Cache La Poudre River. There are no improvements on the site. Surrounding property uses include farmland and rural residential developments to the north, east and west. The Orr Minor Subdivision (Rocky Road) is directly west of the amendment to the existing USR. To the south is the Poudre River Ranch PUD within the City of Greeley's Corporate City Limits. West of WCR 27 (83rd Avenue) is an existing Hall-Irwin asphalt and concrete batch plant, and to the east of WCR 29 (71st Avenue) is the Lowell-Paul Dairy. The original Site Specific Development Plan and a Special Review Permit (USR-897) for Gravel Mining and a Concrete and Asphalt Batch Plant in the Agricultural zone district was approved by the Board of County Commissioners in March 1990. At the time of the submittal for the amendment, the applicant was seeking to amend the existing Weld County permit in order to add an additional seventy (70) acres and remove a small portion of Cell one from gravel extraction activity. (Exhibit B) This amended USR application was further amended on January 7, 2000 in a letter from the applicant's representative, Tuttle Applegate. The proposal removes Cell 1 from the application completely. Thus all proposed mining and extraction activities will occur north of the Cache La Poudre River. Planning Staff reviewed this change to the application and determined this was not a substantial change. Prior to the Planning Commission hearing on February 15, 2000, an agreement was reached with the surrounding property owners known as FRAM, Families for Responsible Aggregate Mining, (and represented by Melanie Granberg, attorney.) A copy of this signed agreement was received by the Department of Planning Services and is included in your information. (Remove south side of river 23.57 acres, remove portion of cell 1, less 17 acres) This application seeks to add an additional 47 acres of which 38 acres more or less will be mined. The amended special use permit boundary includes approximately 325 acres, of which 194.40 acres will be mined. Tile applicant, Camas Colorado, has indicated that this wilt be a dry pit mine operation and will include six phases. The length of the mining operation is anticapated to be 13-20 years depending on market demand. Camas Colorado expects to excavate approximately 15 to 25 acres per year and will operate continuously throughout this time period. There will be a maximum of 35 employees with two shifts of workers operating during daylight hours Monday through Saturday. Extraction will be dry surface mining using conveyors to transport material to the processing area located adjacent to WCR 27 (83rd Avenue). The direction of the mining is generally away from the river. The extraction process commences with the stripping of the topsoil and overburden and is stockpiled elsewhere on site. Later, these stockpiled resources will be utilized to reclaim the site and provide topographical relief to the land, including the water's edge. The mining process will involve the crushing, screening and washing of the resource. Dewatering will be required. Trucks associated with this use will exit the property onto WCR 27 (83rd Avenue) and proceed north or south. The primary haul route will be WCR 27 (83rd Avenue) to State Highway 34 (10th Street). A temporary access is proposed along WCR 29 (71st Avenue) at the point the Poudre River Trail intersects 71st Avenue, during the initial mining set-up. This access will be closed once mining extraction commences. Exhibit F Camas Colorado has indicated that noise levels will comply with the requirements of the Weld County Department of Public Health and Environment. All activities will be regulated by the Mine Safety and Health Act (MSHA) and the Occupational Safety and Health Act (OSHA). The reclamation of the land is proposed for water storage, wetlands and wildlife habitat. Thirteen (13) referral agencies reviewed this case. Ten (10) offered comments and three (3) did not respond. Twenty (20) letters were received from surrounding property owners. A majority of these letters were from individuals associated with FRAM. With the agreement between Camas Colorado and FRAM, many of these issues have been addressed and resolved. I provided you with a letter received in our offices yesterday addressing concerns expressed by Ray Sears, SPO at the Planning Commission hearing. To date, neither Camas Colorado or Tuttle Applegate has heard from Mr. Sears. The Weld County Planning Commission has determined that the Special Use Permit, Conditions of Approval and Development Standards will make the proposal consistent with The Weld County Comprehensive Plan and ensure that there are adequate provisions for the protection of health, safety and welfare of the inhabitants of the County. Gew.T_u!tic, 9 Shani Eastin, representatives for the applicant, as well as Connie Davis of Camas Colorado are present to discuss AmUSR 897. They have a short presentation for the Board that reviews this project. I would be glad to answer questions at this time. 2 Hello