HomeMy WebLinkAbout20021954.tiff HEARING CERTIFICATION
DOCKET NO. 2002-51a
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 July 31, 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. 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. Mr. Anderson gave a brief description of
the location of the site and surrounding uses. He stated 14 referral agencies reviewed this
proposal, seven responded with proposed Conditions, and three indicated no conflict with their
interests. Mr. Anderson stated he also received two letters of concern following the Planning
Commission hearing, which have been responded to by the applicant. He displayed proposed
changes, marked Exhibit OO, and stated staff has reviewed the revised phasing and has
determined this is not a substantial change to the application proposal. Mr. Anderson stated the
Department of Public Works recommends Conditions of Approval #2.D and #3.A be deleted
because the haul route will use State Highways under the jurisdiction of the Colorado Department
of Transportation (CDOT). He further stated Condition of Approval#2.D can be replaced 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."
Responding to Commissioner Geile, Mr. Anderson stated the Water Mitigation Plan has been
reviewed by the Department of Planning Services; however, it will be enforced by the Colorado
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Division of Water Resources. He stated the applicant is proposing to monitor the water levels and
protect the water interests of the surrounding property owners. Mr. Morrison added the Board's
supplemental regulations stipulate the applicant must not damage other water rights. Don Carroll,
Department of Public Works, stated the designated haul route will be on Highway 66 to 1-25 and
Highway 85. He stated he has been provided with improvements at the intersection to the facility
lining up with the Varra facility. Responding to Commissioner Geile, Mr. Carroll stated the haul
route is under the jurisdiction of CDOT, and concurred the route does go through the Town of
Platteville; however, the traffic study shows approximately 95 percent of the truck traffic will be
traveling west to the 1-25 corridor.
Norm Roche represented the applicant and stated they will not commence mining for seven to ten
years because they are currently mining in western Weld County. He stated they have worked with
the surrounding property owners and appropriate agencies for the past three years, and have
worked to provide the necessary reports.
Paul Banks, Banks and Gesso, LLC, represented the applicant and stated the Groundwater
Mitigation Plan was submitted to address the concerns of the neighbors, and added the site is
within the County's Mineral Conservation Zone. Mr. Banks stated the mine is only 25 to 30 feet
deep, therefore, they have not considered wet mining because it would be very inefficient. He
reiterated they will not commence mining for seven to ten years at which time the Varra pit should
be nearly completed to avoid simultaneous dewatering. He stated if this proposal is approved,they
will install the monitoring wells immediately to begin gathering baseline data. He further stated they
will be mining small cells to prevent the need for dewatering the entire site at once. Mr. Banks
stated they also intend to reclaim the site concurrently with mining activities, and to avoid the
overlapping of dewatering on this site and the Varra site to the south. He stated the groundwater
monitoring data will be made public, and if there is a drawdown of two feet below normal water
levels,they will initiate the Mitigation Plan. He stated depending on the severity of the situation the
Mitigation Plan involves limiting the volume and timing of dewatering, putting in trenches or ponds
to recharge the aquifer, and complete cessation of dewatering to begin wet mining. In response
to Commissioner Geile, Mr. Banks reiterated the applicant will not start mining for seven to ten
years,and the Mitigation Plan will be in place to prevent simultaneous dewatering,even if the Varra
facility has not completed its mining operations.
In response to Commissioner Geile, Mr. Roche stated 90 percent of the trucks will travel west on
Highway 66 to 1-25 to distribute to the Longmont area. The remaining ten percent of the trucks will
use Highway 66 east to Highway 85. He explained they have concrete plants at other high-traffic
intersections and he does not feel the intersection at Highways 66 and 85 will be a problem.
Responding to Chair Vaad, Mr. Roche stated the applicant will not be using Weld County Road 19,
and they will comply with a new Condition of Approval requiring them to adhere to the requirements
of CDOT. Commissioner Geile read a portion of the comments made by Planning Commissioner,
Michael Miller, for the record, and Mr. Roche responded stating they did not adequately research
the impacts or concerns of the surrounding property owners before initiating this process.
However, they will be required to obtain a wetland permit from the Corp of Engineers, they will be
avoiding a majority of the wetlands, and will be creating excellent wetlands. He further stated they
have met with CDOT,and they will have an access permit with acceleration and deceleration lanes,
which will be placed prior to mining.
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Bruce Wilson,surrounding property owner,stated he is speaking on behalf of a group of concerned
neighbors. He stated the group has hired Forrest Leaf, Leaf Engineering, to research the water
engineering for this site. Mr. Leaf displayed overheads and submitted handouts, marked
Exhibit NN,which he reviewed for the record. He stated the availability of water is important to the
residents in this area whose livelihood is based on irrigated agriculture. He stated they are
interested in discussing an agreement to address the impacts and mitigation, as well as consider
wet mining at this site. He stated other options include a slurry wall to hydrologically separate the
mining cells from the aquifer, and recharching the aquifer. Mr. Leaf stated upon review, he does
not disagree with the applicant's report; however, he does disagree with the assumption that the
existing wells have a negligible impact on the water system. Mr. Leaf stated there are 37 large
decreed, permitted, and augmented legal wells, in addition to numerous domestic wells. He
reviewed the historical well uses for a period of 60 days, and stated the data can be used as a
baseline of current conditions before additional stress is added. He also reviewed anticipated
drawdown to accomplish dry mining, as well as the cumulative drawdown combined between
mining and agricultural activities. Mr. Leaf stated it would be beneficial to allow additional time for
a meeting between himself and the applicant's engineer to combine their efforts representing the
applicant and the neighbors. He stated the current findings are not compatible with the surrounding
uses, which are predominantly agricultural, and there should be a Condition of Approval requiring
the applicant to enter into an agreement with the surrounding property owners with water interests.
In response to Commissioner Geile, Mr. Leaf stated he feels this could be accomplished within one
month. Responding to Commissioner Jerke, Mr. Leaf stated wet mining does not have the
negative impacts to the surrounding water rights that dry mining can produce. Mr. Leaf stated he
is also in favor of slurry walls, which would be compatible with this operation and the surrounding
uses; however, his only concern would be for any wells that are too close to the slurry wall and are
cut off from the water supply. Chair Vaad noted the Board will need to recess at 11:45 for lunch
and there are Board of Equalization hearings scheduled at 1:00 p.m.
Don Jones, property manager for the owners of the Kurtz property,stated they will retain ownership
of the property,while leasing the site to Aggregate Industries for mining purposes. He stated they
will still own the site when the mining is completed, so they are concerned with how the mining is
conducted and how it will affect the water levels in the area. Mr.Jones stated they do not want this
to be a detriment to them or the surrounding area, because they own three domestic wells which
service rental houses. He stated this proposal will create ponds, habitat, and augmentation sites
that exceed the current conditions. He further stated Aggregate Industries will have surface rights
and 1.49 interest in the Last Change Ditch system to be utilized for this mining operation. He
further stated there will be a trail under the north side of Highway 66, along the St. Vrain River to
the Town of Firestone. He stated the short term use is the proposed mining operation, and the
long-term use is yet to be determined; however, they are considering a residential development.
Following discussion regarding the afternoon schedule, Mr. Banks suggested this matter be
continued for one month to allow the applicant to work with Mr. Leaf and the neighbors, which he
represents, in an attempt to come to an agreement regarding the water issues before a final
decision is made. Following discussion, the clerk indicated the next available date would be
September 11, 2002, at 10:00 a.m. Mr. Morrison stated additional public testimony will be allowed
if this matter is continued.
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Commissioner Jerke moved to continue 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,
to Wednesday, September 11, 2002, at 10:00 a.m. The motion was seconded by Commissioner
Long, and it carried unanimously. There being no further discussion, the hearing was completed
at 12:00 p.m.
This Certification was approved on the 5th day of August 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: ,autil �� ��,�y;, EXCUSED DATE OF APPROVAL
f ' i' � G Vaad, Chair
Weld County Clerk for 61:
/ t O I David E. L. '., Pro-Tem
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Deputy Clerk to the B � � ���✓_, _ _ i
. J. eile
TAPE #2002-24 EXCUSED DATE OF APPROVAL
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DOCKET#2002-51 {(F�)✓�,��/^�1�\j` ��I�a__
Robert D. Mas en
2002-1954
PL1614
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