HomeMy WebLinkAbout20050956.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Folsom, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: MZ-1069
APPLICANT: David & Susanne Schwind
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-2651; Pt NW4 of Section 4, T3N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Minor Subdivision Change of Zone for The Highlands from (A) Agriculture to
Estate Zoning for 4 residential lots
LOCATION: East of and adjacent to CR 5 and south of and adjacent to CR 38.
be recommended favorably to the Board of County Commissioners for the following reasons:
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code as follows:
A. Section 23-2-30.A.1. The proposal is consistent with Chapter 22 of the Weld County Code.
Section 22-2-60. G.1.A.Policy 7.1 states "Weld County recognizes the Right to Farm". In
order to validate this recognition Weld County's Right to Farm statement has been
established which shall be incorporated on all pertinent land use plats. The Department of
Planning Services shall require Weld County's Right to Farm statement to appear on all
recorded plats.
B Section 22-2-60.C. A.Goal.3 discourages urban-scale residential development which is not
located adjacent to existing incorporated municipalities. The proposed minor subdivision
does not propose an urban scale development as defined by the Weld County Code and it is
not located adjacent to existing incorporated municipalities, subdivision or unincorporated
town sites.
C. Section 23-2-30.A.2. states "That the uses which would be allowed on the subject property by
granting the Change of Zone will be compatible with the surrounding land uses." The
proposed site does not lie within the Urban Growth Boundary or Intergovernmental
Agreement area for any municipality. The subject property lies within the three-mile referral
area of the Town of Berthoud, the Town of Johnston, the Town of Mead and Boulder County.
The Towns of Berthoud and Johnstown in their referrals dated December 28, 2004 and
December 20, 2004 respectively found the proposed development to have no conflicts with
their interests. The Town of Mead returned a referral dated December 23, 2004 objecting to
the County considering this application as an unincorporated subdivision. The Town
requests the applicant petition to the Town for annexation. The proposed subdivision is
outside of the Urban Growth Boundary area for the Town and is not within an
Intergovernmental Agreement Area, therefore the applicant is not required to prepare
annexation documents to the Town. The Department of Planning Services has received one
letter from a surrounding property owner regarding ditch access and use. The Department of
Planning Services is requiring that the applicant provide evidence of an agreement with the
ditch company prior to recording the plat. The Department of Planning Services' believes
that the granting of this Change of Zone will have a minimal impact on the surrounding land
uses.
EXHIBIT
me- O4 2005-0956
Resolution MZ-1069
David Schwind
Page 2
D. Section 23-2-30.A.3. states "That adequate water and sewer service can be made available
to the site to serve the uses permitted within the proposed zone district." The existing home
on proposed Lot 2 has an existing water tap with Little Thompson Water District. The
applicant has a Water Service Agreement with Little Thompson Water District for the
remaining three (3) lots. The agreement has been approved by the Weld County Attorney's
Office.
E. The Weld County Department of Public Health and Environment has reviewed this proposal
and has indicated the applicant has satisfied Chapter 24 of the Weld County Code in regard
to water and sewer service. Sewer will be provided by Individual Sewage Disposal Systems
(ISDS) and the overall density meets the current Department policy with one septic system
per 3.7 acres. No percolation data was submitted in the application materials but due to the
existing septic systems percolation data the Department of Public Health and Environment
request that the applicant place primary and secondary septic envelopes on each lot
(secondary only on Lot 2) that meet all setbacks. Language for the preservation and/or
protection of the second absorption field envelope shall be placed in the development
covenants. The covenants should state that activities such as landscaping (i.e. planting of
trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) activities are
expressively prohibited in the designated absorption field envelopes.
F. Section 23-2-30.A.4 states "Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone district." County Roads 38
and 5 are classified by the County as gravel local roads and require a minimum 60-foot right-
of-way. The right-of-way shall be verified and shown on the final plat. If the right-of-way
cannot be documented, it shall be dedicated on the final plat. This development will introduce
29 additional vehicle trips per day to the roadway system. The applicant shall be required to
submit to the Department of Public Works for review and approval a dust mitigation plan for
County Roads 38 and 5
G. Section 23-2-30.A.5. states "That, in those instances where the following characteristics are
applicable to the rezoning request, the applicant has demonstrated compliance with the
applicable standards:"
1) The proposed Change of Zone does not lie within any overlay district identified by the
maps officially adopted by Weld County. Building Permits issued on the Lot will be
required to adhere to the fee structure of County Wide Road Impact Program
(Ordinance 2002-11).
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Change of Zone from the A (Agricultural)Zone District to E (Estate)Zone District for four (4) Residential
Lots is conditional upon the following:
1. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled MZ-1069. (Department of Planning Services)
2) All proposed lot lines and lots shall be removed from the plat. (Department of
Planning Services)
Resolution MZ-1069
David Schwind
Page 3
3) The internal road shall be removed from the plat. (Department of Planning Services)
4) All non-recorded easements shall be removed from the plat. (Department of
Planning Services)
5) The Ish Ditch shall be delineated on the plat with all the required setbacks.
(Department of Planning Services)
6) The Weld County's Right to Farm statement, Appendix 22-E shall be placed on the
plat. (Department of Planning Services)
B. Prior to recording the plat the applicant shall attempt to address the requirements (concerns)
of the Town of Mead, as stated in the referral response dated December 23, 2004. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
C. Prior to recording the plat the applicant shall attempt to address the concerns of the letter
from James Brunelle received February 2, 2005. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
D. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within thirty (30) days of approval by the Board of County Commissioners. With the
Change of Zone plat map, the applicant shall submit a digital file of all drawings associated
with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and
Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ...
(Group 6 is not acceptable). (Department of Planning Services)
2. The Change of Zone is conditional upon the following and each shall be placed on the Change of
Zone plat as notes:
A. The Change of Zone shall comply with the Estate Zone District requirements as set forth in
Section 23 of the Weld County Code. The Minor Subdivision shall consist of four (4)
residential lots. (Department of Planning Services)
B. Water service shall be obtained from Little Thompson Water District. (Department of Public
Health and Environment)
C. A Weld County septic permit is required for each proposed septic system, which shall be
installed in according to the Weld County individual sewage disposal system regulations.
Each septic system shall be designed for site-specific conditions, including, but not limited to:
maximum seasonal high groundwater, poor soils, and shallow bedrock. (Department of
Public Health and Environment)
D. Language for the preservation and/or protection of the second absorption field envelope shall
be placed in the development covenants. The covenants shall state that activities such as
landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt
mounds, etc.) are expressly prohibited in the designated absorption field site. (Department
of Public Health and Environment)
Resolution MZ-1069
David Schwind
Page 5
E. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information. (Department of Public Health and Environment)
F. During development of the site, all land disturbances shall be conducted so that nuisance •
conditions are not created. If dust emissions create nuisance conditions, at the request of the
Weld County Health Department, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
G. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods which are technologically feasible and economically reasonable in order to
minimize dust emissions. (Department of Public Health and Environment)
H. 'Weld County's Right to Farm" as provided on this plat shall be recognized at all times.
(Department of Public Health and Environment)
The site shall maintain compliance at all times with the requirements of Weld County
Government. (Department of Planning Services)
J. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County Regulations.
(Department of Planning Services)
K. Building permits shall be obtained prior to the construction of any building. Building permits
are required for the principle dwelling and for buildings accessory to the principle dwelling.
(Building Inspection)
L. A plan review is required for each building. Two complete sets of plans are required when
applying for each permit. Each building may be required to be designed by a Colorado
registered engineer. (Building Inspection)
M. Buildings shall conform to the requirements of the codes adopted by Weld County at the time
of permit application. Current adopted codes include the 2003 International Building Code;
2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International
Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Building Inspection)
N. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Building Inspection)
Q. Fire resistance of walls and openings, construction requirements, maximum building height
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Weld County Code. (Building Inspection)
Resolution MZ-1069
David Schwind
Page 6
P. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection from
the building. (Building Inspection)
Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
R. A Home Owner's Association shall be established prior to the sale of any Lot. Membership in
the Association is mandatory for each parcel owner. The Association is responsible for
liability insurance, taxes and maintenance of open space, streets, private utilities and other
facilities along with the enforcement of covenants. (Department of Planning Services)
S. Appropriate Building Permits shall be obtained prior to any construction, grading or
excavation. (Department of Planning Services)
T. No development activity shall commence on the property, nor shall any building permits be
issued on the property until the final plan has been approved and recorded. (Department of
Planning Services)
U. Construction on or around any ditch which conveys water to surrounding properties shall be
done so that the delivery of water is not impaired. (Department of Planning Services)
V. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
3. At the time of Final Plat:
A. The Department of Public Works in a referral dated January 24, 2005 has numerous
requirements regarding the internal road and drainage. The applicant shall address these
concerns/requirements prior to recording the final plat. Any questions pertaining to roadway
improvements or drainage shall be addressed to Peter Schei, Civil Engineer, for the Weld
County Department of Public Works. (Department of Public Works)
B. The applicant shall submit an Improvement Agreement regarding collateral for all
improvements to the Minor Subdivision for acceptance by the Board of County
Commissioners prior to recording the final plat. (Department of Planning Services and
Department of Public Works)
C. The applicant shall submit covenants for The Highlands Subdivision. The covenants shall be
approved by the Weld County Attorney's Office and County Staff prior to recording the final
plat. (Departments of Planning Services)
D. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services)
E. Primary and secondary envelopes shall be placed on each lot (secondary only on Lot 2). All
septic system envelopes must meet all setbacks, including the 100 foot setback to any well
and the Ish Ditch. (Department of Public Health and Environment)
Resolution MZ-1069
David Schwind
Page 7
F. Language for the preservation and/or protection of the absorption field envelopes shall be
placed in the development covenants. The covenants shall state that activities such as
permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the
absorption field site. (Department of Public Health and Environment)
G. The existing improvements on Lot 2 shall be delineated on the plat, including the appropriate
location of the existing septic system. (Department of Public Health and Environment)
H. All landscaping within the site distance triangles must be less than 3% feet in height at
maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be
outside the sight distance triangles. (Department of Public Works)
Roadway and grading plans along with details must be approved prior to recording final plat.
Indicate stop signs and street names on final roadway plans. (Department of Public Works)
J. A final drainage report and construction plans, conforming to the drainage report, shall be
approved prior to recording final plat. (Department of Public Works)
K. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Planning Services)
L. The applicant shall submit Certificates from the Secretary of State showing the Homeowners
Association has been formed and registered with the State prior to recording the final plat.
(Department of Planning Services)
M. The applicant shall submit copies of finalized water agreements with Little Thompson Water
District prior to recording the final plan. (Department of Planning Services)
N. Written evidence from the Ish Ditch Company indicating all requirements/concerns have been
addressed or evidence that an adequate attempt has been made to mitigate their concerns
shall be submitted to the Department of Planning Services. (Department of Planning
Services)
O. Prior to recording the final plat, the applicant shall provide written evidence from St. Vrain
School District RE-1J which indicates that all district requirements have been met.
(Department of Planning Services)
P. The applicant shall submit the name of the street within the proposed development along with
the street addresses for review to the Weld County Sheriff's Office, Department of Planning
Services, Postal Services and Emergency Responders. Evidence of their approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
Q. Prior to recording the final plat, the applicant shall submit a digital file of all drawings
associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and
Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ...
(Group 6 is not acceptable). (Department of Planning Services)
Resolution MZ-1069
David Schwind
Page 8
Motion seconded by Bruce Fitzgerald
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Strobel
Chad Auer •
Doug Ochsner
James Welch
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on February 15, 2005.
Dated the 15th of February, 2005.
V e/ u2c2 V ll C1.,1LLtl —
Voneen Macklin
Secretary
- 1 S- ;zoo
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
Doug Ochsner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,
yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes; Bruce
Fitzgerald, yes. Motion carried unanimously.
James Rohn commented he was glad they were able to straighten all the concerns from the previous meeting.
CASE NUMBER: MZ-1069
APPLICANT: David & Susanne Schwind
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-2651; Pt NW4 of Section 4, T3N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Minor Subdivision Change of Zone for The Highlands from (A) Agriculture to
Estate Zoning for four residential lots
LOCATION: East of and adjacent to CR 5 and south of and adjacent to CR 38.
Jacqueline Hatch, Department of Planning Services presented Case MZ-1069, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the application along
with the Conditions of Approval and Development Standards.
John Folsom indicated that Condition B could be deleted. Ms. Hatch stated the applicant will need to submit
something in writing stating they do not have to apply to Mead for annexation as they are not in the Urban Growth
Boundary area and there is no Intergovernmental Agreement. Mr. Folsom indicated a letter of opposition from Mr.
Brunell was not included in the packet. Ms. Hatch stated she could make copies for the Planning Commission.
Michael Miller asked about the removal for the proposed lot lines and all internal roads. Ms. Hatch stated that it was
brought to staff attention that when a minor subdivision is being proposed, the Change of Zone does not need to
show the internal information it just needs to show the site.
Dave Schwind, applicant, provided additional information on the proposal and added that staff had done a great job.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jim Brunell, neighbor, indicated his concern for access to his property along the Ish Ditch. Mr. Brunell would like to
continue using the access along the south side of the ditch on the Schwind property.
Michael Miller asked Ms. Hatch if there was anything included in the application preserving the access. Ms. Hatch
stated Mr. Brunell is using the easement for the Ish Ditch and staff is asking for an agreement with the ditch
company Mr. Morrison stated that it would be a good idea to have Mr. Schwind grant the easement. If the ditch
has only an easement and not a fee ownership it is the underlying property owner that has the ability to grant the
easement. It might be best as reflected as an easement on the plat at final plan. This will show that it is both the
ditch easement and provide access to Mr. Brunells property will be served by the easement. Mr. Miller stated
according to the letter there are others that need the access also, and can this be referenced as historical or
specific to each individual. Mr. Morrison stated it should be associated with the properties that will be benefited.
The Chair closed the public portion.
Dave Schwind, applicant indicated he has some concerns with the access issue. There is a road along the
Highland Lateral Ditch. Mr. Schwind pointed the location out on the map provided. There was a bridge along the
road for Mr. Brunell to gain access to that portion of his land. The Highland Lateral has since concreted the ditch
and placed a bridge foundation in that location for Mr. Brunell. The access along the Ish Ditch was agreed upon
until the bridge was completed across the Highland Lateral. Mr. Schwind is willing to help with the construction of
. - the bridge. There is an agreement with the ditch company which is in the file and the ditch company accesses
along the north side of the ditch. There is access along the Highland Lateral and there is no need for Mr. Schwind
to grant the easement when there is an existing access.
3
Michael Miller asked if the irrigation company has an easement along the south side of the property. Mr. Schwind
indicated the ditch company has a prescriptive easement along both sides of the ditch. They would only need to
use the south side for emergencies, the ditch company does all the services from the north side of the ditch.
Doug Ochsner asked if there is currently a road on the south side? Mr. Schwind indicated it is a ditch bank and
there is no specific road. Mr. Ochsner asked if the lots would be able to disturb the area because the ditch
company still has an easement. Mr. Schwind indicated the lots will be maintained by the owner but they cannot build
in the easement.
Bryant Gimlin asked if there was an issue with letting Mr. Brunell continue to use the access. Mr. Schwind stated it
would be disruptive to the new property owners especially if the gate were left open and when irrigation equipment
comes through on wet ground leaving ruts in the land. Mr. Schwind does not believe he should have to ask to grant
access when there is already access.
John Folsom asked Mr. Morrison if the fact the users of the easement have a history of using it and does this give
them any standing for rights of continuing to use it. Mr. Morrison stated it gets complicated if he has received
permission from the ditch to cross when the ditch does not have authority to do so. There is some dispute in the
facts as to if there has been an open continuous use of the easement. Mr. Morrison added that there is not facts
that clearly show there is an easement by use or document. This does not mean that there could be no agreement
but there has been nothing established. The courts would be the ones to finally determine. Mr. Schwind added that
use Mr. Brunell has had has been by his permission with the understanding that when the new bridge foundation
was in it would be utilized. Mr. Schwind pointed out on the map provided various locations of access for the
surrounding lateral users.
Michael Miller indicated he was hesitant to force an easement agreement when there is access to property. Mr.
Ochsner indicated there is no current road the ditch company has now, it is more of a makeshift road and to make
that an access does not make sense. Mr. Miller added it would be significant to cross the ditch it is feasible. There
,--, will be two lots in the proposed subdivision that will be affected by the easement and access.
Bryant Gimlin asked Mr. Morrison if it was up to Mr. Schwind or the Ish Ditch to decide who utilized the road. Mr.
Morrison stated it depends, in part,on what the easement agreement consists of rather it is in writing or an implied
usage. Typically the easement is granted to those that uses the easement but cannot grant a broader usage. The
land owner is the only one that can do this. It is the property owner's right to determine if any further use can be
granted.
James Rohn asked if there is no open space and what kind of water supply will there be to maintain the five acres.
Ms. Hatch indicated there is irrigation water to the site and part of the HOA can be utilized. Mr. Rohn asked how
much water is with the proposal. Mr. Miller stated that would be something better addressed at the final plan. Mr.
Schwind stated that the Highland Ditch Company water which serves the acreage. The site may be irrigated but the
final decision has not been made. The homeowners will have the ability to rent water and utilize the ditch and the
pump.
Bruce Fitzgerald indicated he would not change the language for the easement. Mr. Rohn stated he would like to
see the bridge finished and be used for access.
Re-open the public comment
Jim Brunell, neighbor, stated the current bridge abutment was given in exchange for dirt for the concrete of the
ditch. Mr. Brunell would like to continue using the access like they have been doing. There is a need for farm
equipment to access along the lsh Ditch. The fear is there will be fences put up by the homeowners that will close
this access off.
Michael Miller stated that it is an imposition to have to invest in the bridge but it may need to be done. Placing the
burden of access on a residential land owner is not fair.
The Chair closed the public again.
Bryant Gimlin stated the easement language should not be considered because Planning Commission does not
4
know the status of the easement as it exists.
Doug Ochsner stated the easement belongs to the ditch company and Mr. BrunelI needs to work with the ditch
company as they can get the easement more defined. Mr. Miller stated the easement belongs to ditch company not
the adjoining land owners. The easement will address the issue of ditch maintenance.
John Folsom moved that Case MZ-1069, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,
yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes; Bruce
Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: USR-1350
APPLICANT: Aggregate Industries -WCR, Inc.
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of the S2 NE4, W2 SE4, E2 SE4 Section 25, T1 N, R67W, part of
W4 Section 30,Ti N, R66W and part of the NW4 NE4 of Section 36,Ti N, R67 W
of the 6th P.M., Weld County, Colorado.
REQUEST; An addendum to a Site Specific Development Plan and Special Review Permit for
a Mineral Resource Development facilities including Sand and Gravel Mining in
the A(Agricultural)Zone District
LOCATION: % mile North of CR 2; east/west of and adjacent to CR 23 1/2
Kim Ogle, Department of Planning Services presented Case USR-1350, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the application along
with the Conditions of Approval and Development Standards.
Michael Miller asked if the amended mining permit on the east side of the river allowed for importing of materials to
the site. Mr. Ogle indicated it allows for importation.
Connie Davis, Aggregate Industries, representative, presented the history of the project from 2001 to the present
application. The history of the project was presented along with the Weld County processes that have occurred.
The issues that were raised at the 2001 hearing were from referral comments. Ms. Davis covered how those
issues have been addressed. Ms. Davis also covered the process and referral responses for the 404 permit
process. This process was applied for to address the issues raised by the US Fish & Wildlife, Environmental
Protection Agency(EPA)and other referral comments. The 404 permit has several requirements that address the
concerns of the US Fish &Wildlife and EPA both general and site specific. Ms. Davis stated in July of 2005 the 404
permit is in the final stage of approval. There will be fifteen days for the US Fish &Wildlife and EPA to respond and
if there is no adverse response the permit will be issued. The final impacts will be significantly less, specifically to
the wetlands. The aggregate recovery will be reduced by 25%, water storage has been reduced by 37% and
wetlands will be reduced by 37%. Cumulative affects of mining along the South Platte River were studied in an
effort to mitigate concerns. There has also been a monitoring well system installed to gain data for the last few
years. Once all the concerns were addressed the County was contacted and asked the best method of proceeding.
Mr. Ogle suggested an addendum to the original application and that was the process followed. Staff has
encouraged obtaining written evidence from State Agencies to acknowledge the concerns have been addressed.
All the permits required by the County has been obtained.
Bill Schenderlein,Applegate Group, representative for the applicant, provided information as to what the permit and
operation presently look like. The permit boundary and affected area has not increased but the affected area has
decreased. The main function of the land is a tree farm with the surrounding uses being other gravel operations
and agriculture. The wetland impact has also been reduced and the ponds will be created via dry mining. Mr.
Schenderlein described the phasing of the project and the phasing is set up to incorporate wetland mitigation. The
.- overall life of the mine is estimated at eleven years. There will be slurry walls for the ponds that will be installed
during the operation to lessen the de-watering needs in the pit. The other mining areas will be de-watered with a
de-watering trench and will also be dry mined. AmUSR-905; access is off CR 23%to the south. The material from
this site will be conveyed to another site across the river. The number of employees will be four working two shifts
5
Hello