HomeMy WebLinkAbout20022184.tiff HEARING CERTIFICATION
DOCKET NO. 2002-65
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1343
FOR WET OPEN PIT MINING AND MATERIALS PROCESSING IN THE
A (AGRICULTURAL) ZONE DISTRICT - OWENS BROTHERS CONCRETE COMPANY
A public hearing was conducted on September 4, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair- EXCUSED
Commissioner David D. Long, Pro-Tern
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, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 16, 2002, and duly published August 21,
2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Owens Brothers Concrete Company for a Site Specific Development Plan and Use by Special
Review Permit #1343 for Wet Open Pit Mining and Materials Processing in the A (Agricultural)
Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Vaad
advised Tug Martin, Banks and Gesso, LLC, that the applicant has the option of continuing this
matter to a date when the full board will be present. However, if they decide to proceed today, it
will require three affirmative votes, or in the case of a tie vote, Commissioner Vaad will listen to the
record and make the determining vote. Mr. Martin indicated they would like to proceed today.
Chris Gathman, 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.
Gathman gave a brief description of the location of the site and surrounding uses. He stated staff
has received various letters from surrounding property owners who have expressed concerns
regarding the location of the proposed operation, the potential impact to water wells, and access
issues to Weld County Road 28. He further stated 20 referral agencies reviewed this proposal,and
13 responded favorably or provided comments which have been addressed in the Conditions of
Approval or Development Standards. Mr. Gathman stated there was some concern that the oil and
gas companies leasing rights in the area were not provided adequate notice of this proposal;
however, they were given a referral for the Planning Commission hearing. To address some of the
concerns, the applicant has relocated the processing facility, withdrew the concrete batch plant,
moved the access from Weld County Road 28 to Weld County Road 19. He further stated the
applicant has revised the proposal to operate with wet mining rather than dry mining operations to
address the concerns regarding a negative impact to surrounding wells and wetlands. (Clerk's
Note: Contrary to the published use, all references to "Dry Open Pit Mining" have been amended
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to "Wet Open Pit Mining" to reflect the amended use proposed by the applicant.) Mr. Gathman
stated the Conditions of Approval require the applicant to enter into an access agreement to cross
a neighboring property from Weld County Road 19, and to move the location of the batch plant.
In response to Commissioner Geile, Mr. Gathman stated the applicant does have another mining
operation in the area, and surrounding property owners have expressed concern that there may
be truck traffic transporting materials between the two pits. He further stated the initial haul route
was change due to sight distance concerns at the access on Weld County Road 28, and the
applicant has indicated they will encourage a majority of the traffic to travel south. Mr. Gathman
stated the site is 312 acres; however, only 112 acres will be mined in four stages with five separate
pits. He further stated the processing plant will be remain on the northern end of the property
throughout each of the phases, with slight relocations to accommodate some of the mining
locations.
In response to Commissioner Jerke, Mr. Morrison stated the oil and gas companies are present,
although, they have expressed concern that they did not receive adequate notification. He further
stated the applicant still needs to reach an agreement with the oil and gas companies to waive their
mineral extraction rights.
In response to Commissioner Geile, Don Carroll, Department of Public Works, stated staff
recommended the first access proposed on Weld County Road 28 be relocated due to a hill to the
south which created a poor sight distance. He stated they recommended it be relocated to the
north, using a shared access with Varra Companies, Inc., or to cross an adjacent property and
access from Weld County Road 19. He stated the applicant chose to access from Weld County
Road 19, which is a paved collector, and Condition of Approval #2.Q requires the applicant to
submit a detailed drawing of the access point. He further stated the applicant has provided a
Traffic Study, and has indicated the facility will require 160 heavy vehicles, and 30 passenger
pickups. Mr. Carroll stated the Traffic Study indicates 75 percent of the traffic will go south unless
they are working on a specific project to the north using Highway 56. He reviewed the traffic counts
on Highway 66 and Weld County Roads 19 and 24, and stated the Department of Public Works
is requesting the applicant enter into a Road Maintenance Agreement, designate the haul route,
provide evidence of a joint easement between Nix and Owens Brothers for new access, and
provide a detail of the access intersection. Responding to Commissioner Geile, Mr. Carroll stated
the new access will address staff's concerns. Responding to Commissioner Jerke, Mr. Gathman
stated the referral response from CDOT, marked Exhibit 79, 06/27/201, Exhibit 79, addresses the
comments regarding traffic issues.
Chris Greneaux, Kerr-McGee Rocky Mountain Corporation, stated they have lease mineral rights
on this property, and although they did not receive notice of this proposal, they are willing to waive
the notice requirement. He stated the applicant has indicated they are prepared to propose a
Condition of Approval to be met prior to recording the plat,which he feels will resolve Kerr-McGee's
concerns.
David Padgett, Patina Oil and Gas Company, stated Patina is not willing to waive the notice
requirement because there is not an executed agreement with the property owner. He stated they
met with them more than a year ago; however, there are still issues that need to be worked out.
He further stated they have not determined whether certain Oil and Gas facilities will need to be
moved prior to mining. Responding to Commissioner Masden, Mr. Padgett stated there are two
existing tank batteries which would have to be relocated, and he stated they need adequate right-
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of-way through access agreements for use by Duke Energy which comes in to pick up and
transport the natural gas. He further stated the proposed wells can be accessed from the existing
pads provided there are adequate setbacks.
Commissioner Jerke commented he feels consideration of this matter is premature since there still
needs to be an agreement with the oil and gas companies. He stated approval at this time may
give them veto power over the Board's decision if an agreement cannot be reached. Commissioner
Masden concurred. In response to Mr. Morrison, Mr. Gathman stated the Planning Commission
hearing was on July 17, 2001, and referrals were sent to the lessees; however, the notice of a
specific hearing date was only sent to Ralph Nix Produce, Inc., as the sole mineral owner. He
further stated the applicant did not send a 30-day notice to the mineral owners or lessees as
required by the State; however, all interested oil and gas companies are in attendance. Mr.
Morrison stated it would be appropriate for the Board to proceed with the hearing, since each of
the interested oil and gas companies is present; however, it may be beneficial to continue because
it is apparent there are still outstanding issues which need to be resolved. Responding to
Commissioner Geile, Mr. Morrison stated the applicant is responsible for mailing notices to all
mineral owners and lessees at least 30 days prior to the hearing, and lack to do so exposes the
developer to liability issues. He suggested continuing the matter for 40 days to allow adequate time
to accommodate state and local notification time periods.
Tug Martin, Banks and Gesso, LLC, represented the applicant and stated they have been working
with the oil and gas companies since April 2001. He stated they were notified and were also in
attendance at the Planning Commission hearing. Mr. Martin stated this issue was delayed following
the Planning Commission hearing to address water and wetland issues before mining and mineral
issues could be addressed. In response to Commissioner Masden, Mr. Martin stated he will
provide evidence of notification which was sent for the first hearing. Mr. Morrison stated regardless
of the notification issue, the applicant still needs to execute agreements with the oil and gas
companies. Mr. Martin stated they do not object to the Condition of Approval which would allow
mineral activities; however, he would prefer it not be a Condition prior to recording the plat. He
stated they are willing to work and obtain the necessary agreements. In response to Mr. Martin,
Mr. Morrison stated the continuance would allow the applicant adequate time to address the
notification issues and complete the necessary agreements.
Brad Janes, Varra Companies representative, stated they do have concerns with the access
location and traffic studies which made reference to Varra Companies without their knowledge.
He stated they were not involved in the process regarding consideration of the access of traffic
issues. Mr. Morrison if this matter is continued, further public testimony would be allowed at the
next hearing.
Commissioner Jerke moved to continue the request of Owens Brothers Concrete Company for a
Site Specific Development Plan and Use by Special Review Permit#1343 for Wet Open Pit Mining
and Materials Processing in the A(Agricultural)Zone District, to October 9, 2002, at 10:00 a.m. to
allow the applicant addition to time to meet notification requirements and address concerns of oil
and gas lessees and execute necessary agreements. The motion was seconded by Commissioner
Masden, and it carried unanimously. There being no further discussion, the hearing was
completed.
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This Certification was approved on the 9th day of September 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ��. ,i..� EXCUSED
Gle n�ad, chair
Weld County Clerk to t o. � c_
3
1861 � �. C N
c `o � David E 'ong, Pro-Tem
Deputy Clerk to the
M. J. Geile
TAPE #2002-29 "1-1 I 4 <j.-,_)?
H J rke
DOCKET#2002-65 IPA^
Robert D. Masden
2002-21 84
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