HomeMy WebLinkAbout20051360.tiff HEARING CERTIFICATION
DOCKET NO. 2005-37
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1488
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING DRY OPEN PIT
MINING AND MATERIALS PROCESSING, IN THE A (AGRICULTURAL) ZONE
DISTRICT - FARFRUMWURKIN, LLLP / KENNETH AND JUDITH SCHELL
A public hearing was conducted on May 18, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 29,2005,and duly published May 4,2005,in the
Fort Lupton Press,a public hearing was conducted to consider the request of Farfrumwurkin, LLLP,
c/o Jon File, and Kenneth and Judith Schell, for a Site Specific Development Plan and Use by
Special Review Permit#1488 for a Mineral Resource Development Facility, including dry open pit
mining and materials processing, in the A (Agricultural) Zone District. Lee Morrison, Assistant
County Attorney,made this a matter of record. Jacqueline Hatch,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. Ms. Hatch gave a brief description of the location
of the site and surrounding land uses,and stated Condition of Approval#2.N.2 requires the applicant
to eliminate Parcel Number 131332300039 from the USR boundary since mining will not take place
on that property. She stated the proposed overall permit area is 310 acres; however, with the
removal of the abovementioned parcel,the remaining area will be approximately 287 acres. She
stated approximately 106 acres west of Weld County Road 3.25 will be mined in 12 phases, and
10 to 15 acres on the east side of the road will be mined in one phase. Ms. Hatch stated
reclamation will be done concurrently with mining operations, and the lined pits will be used as a
water storage facility. She stated this will be a dry mining facility,mined materials will be transported
by truck across Weld County Road 3.25 for processing, and there will be a maximum of 15
employees working one shift from sunrise to 6:00 p.m. She stated traffic will exit the site on Weld
County Road 3.25 and travel south to Highway 52 and then west or east. The Traffic Study has
been approved by the Department of Public Works and the Colorado Department of Transportation
(CDOT), noise levels will comply with requirements of the Department of Public Health and
Environment,and all activities will be regulated by the Mine Safety and Health Act(MSHA)and the
Occupational Safety and Health Act(OSHA). Ms.Hatch stated 25 referral agencies reviewed this
proposal,two had no comment,and fifteen responded favorably or provided comments that have
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been addressed in the Conditions of Approval and Development Standards. She stated staff
received various correspondence from surrounding property owners expressing concern regarding
gravel mining operations in the area, diminished water supply, truck traffic, road maintenance,
decreased property values,noise,and dust. Responding to ChairJerke, Don Carroll, Department
of Public Works,stated this facility will utilize the old LaFarge gravel haul route. He stated last year
Weld County and LaFarge pooled funds to reconstruct the road to its current condition,which is now
classified as a local paved road. Responding to Commissioner Masden,Ms.Hatch stated there will
be a batch plant and scale house on the west side of the road.
Char Davis, Department of Public Health and Environment, stated the site is serviced with an
existing tap from the Left Hand Water District,and the applicant is proposing an engineer-designed
septic system for the scale house. Ms. Hatch corrected her previous statement explaining there
will not be a concrete batch plant; all materials will be shipped off the site.
Mr.Carroll stated following its mining operations, LaFarge agreed to come back and improve Weld
County Road 3.25. He stated the applicant does have a 110 Permit from the Division of Minerals
and Geology (DMG)for one pit that is less than ten acres in size and not hauling out more than
5,000cubic yards per year. They have also received a 111 Permit which allows them to haul
materials directly to State and Federal projects, and they are in the process of applying for a 112
Permit for operations greater than ten acres. He stated the scale house will be located west of
Weld County Road 3.25, and there will be tracking pads at both the east and west entrances. If
approved,the Improvements Agreement will be presented to the Board requesting additional overlay
on the haul route to address the anticipated impact, and the area from the entrance to the scale
house will be paved, with an adequate turning radius. He stated CDOT has been working on
widening Highway 52,and there is an acceleration lane for traffic entering from Weld County Road
3.25. He further stated the intersection is not signalized; however,the Traffic Study indicates the
area to be operating at Level C,which is a satisfactory level at a 30-second delay,and there will be
approximately 130 truck trips per day. Responding to Commissioner Masden,Mr.Carroll stated the
designated haul route will be east to 1-25 to the Denver area; however, it does allow for local
deliveries to the west. He stated CDOT is requiring a large storage lane to accommodate the traffic
flow, and the appropriate signage is in place. Responding to Commissioner Masden, Mr. Carroll
stated he will research the average daily traffic count and provide a report later.
Peter Weiland,Weiland Inc.,represented the applicant and stated the access is located 1,300 feet
north of Highway 52,the primary access is paved from the entrance to the scale house,there is an
acceleration lane on Weld County Road 3.25, and the entrance has an 80-foot turn radii. Mr.
Weiland stated 75 percent of the trucks will travel south on Weld County Road 3.25 and then go
east on Highway 52. He stated CDOT initially requested the dimensions of the acceleration lane
on Highway 52, which must meet CDOT's standards for length. Responding to Chair Jerke, Mr.
Weiland stated the acceleration lane is 850 feet in length, and there is additional space on the
shoulder, if needed. He stated the Traffic Study projects a C level of service in 2010 and a D level
of service in 2025. He stated the applicant has agreed to the request for improvements from the
Department of Public Works,as well as removing the parcel south of the Boulder Ditch that will not
be mined. He explained as a requirement of the DMG,they intend to build a trench north of the ditch
to create a hydraulic barrier and protect mining operations from any ditch seepage. Responding to
Commissioner Vaad,Mr.Weiland stated the Hawk Seepage is a junior right that results from farm
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tailwater on the subject property,which serves properties downstream. He stated historically the
farm has been irrigated from two systems, and the property owner will continue to irrigate the
unmined portions and return the tailwater to the historical system. He further stated they have a well
permit and a substitute supply plan that requires the applicant to return the historic amounts to the
ditch. In response to Commissioner Geile, Mr.Weiland stated under the original application, the
land transaction for the eastern portion had not been completed; however, they now have a
Warranty Deed for the entire property. Jon File, applicant, stated they purchased all the mineral
rights,with the understanding that all royalties would be paid to the Nelsons for ten years on each
of their parcels. Responding to Chair Jerke, Ms. Hatch stated mining will be conducted on both
sides of Weld County Road 3.25, Parcel Number 131332300039 will be eliminated from the USR
boundary,and she gave a brief description of the site layout. Responding to Commissioner Vaad,
Ms. Hatch stated the parcel being removed was proposed to be developed as a nine-lot Planned
Unit Development known as Filly Ridge,which was previously denied by the Board. In response
to Commissioner Masden,Mr.Weiland stated there will be processing,washing,crushing,etcetera,
on the property; however, there will be no asphalt or concrete batch plants.
Steve McLaughlin,Encana Energy Resources,Inc.,representative,stated Encana owns the oil and
gas interests on the subject property, and there are oil and gas wells on the site. He stated this
permit will affect future oil and gas operations, and Encana has been in negotiations with Mr. File
regarding a Surface Use Agreement to provide for mining and Encana's future drilling rights. He
stated a Surface Use Agreement does not currently exist, and he asked that an Agreement be
required as a Condition of Approval. He noted the negotiation process has been slow,but Encana
anticipates a resolution to the issue very soon. Responding to Commissioner Geile,Mr.McLaughlin
stated most of the issues have been resolved;however,the main outstanding issue is cost,and he
feels conditionally approving the mining operation will force the parties to come to an agreement.
Chair Jerke stated the Board has been very reluctant to grant veto power to a third party, because
the applicant can be prevented from operating if an agreement is not reached. Ms.Hatch stated this
matter was a Condition of Approval prior to scheduling the Board's hearing;however,staff received
a letter from the Young Law Firm regarding drilling rights and Encana's Surface Damage
Agreements. She stated it is her understanding that there is an existing surface lease from 1976
that includes a provision for future development, which she reviewed for the record. She further
stated the applicant has designated envelopes for oil and gas activities, which staff felt met the
requirement prior to scheduling. Mr. Morrison added it appeared there was evidence of existing
agreements. Commissioner Geile commented the one option would be to continue this matter for
a short period of time to allow the applicant and Encana to complete an agreement and then make
a final determination. Mr. Morrison stated the applicant's position is that there is an existing
agreement, although they are willing to make some slight modification; however, Encana is
requesting a new agreement. Mr.McLaughlin agreed with a two-week continuance,and stated the
disagreement deals with whether the current agreement covers the entire property or only certain
portions. There being no further discussion, Chair Jerke closed public testimony.
Responding to Chair Jerke, Mr. File stated he has reviewed and concurs with the Conditions of
Approval and Development Standards. He stated prior to receiving the 111 Permit,Encana wanted
to put in a new well, at which time they came to an agreement which provided for future
development and reserved the drilling location they wanted. He stated now that development is
proposed, Encana is claiming that agreement no longer applies. He stated Encana has had the
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proposed final draft for two months and he has not received any response,therefore,he questions
whether a continuance will help resolve the issue.Commissioner Geile stated Encana is on record
stating it is motivated to get it done. Mr. Morrison stated if there is no agreement when this comes
back,the Board will take that into consideration regarding the applicant's due diligence. Mr.Weiland
stated they have included oil and gas drilling windows on the plat,and the Board indicated the future
discussion will be limited to oil and gas surface use agreement issues.
Commissioner Geile moved to continue the request of Farfrumwurkin, LLLP, c/o Jon File, and
Kenneth and Judith Schell,for a Site Specific Development Plan and Use by Special Review Permit
#1488 for a Mineral Resource Development Facility, including dry open pit mining and materials
processing, in the A(Agricultural)Zone District, to June 1, 2005, at 10:00 a.m. The motion was
seconded by Commissioner Masden, and it carried unanimously. There being no further
discussion, the hearing was completed at 12:00 p.m.
This Certification was approved on the 23rd day of May 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESTMialn IE 1(,��`
William H. J ke, Chair
Weld County Clerk tot ' B1861
ISZP
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M. J. ile, Pr -Tem
BY:
Deputy Clerk to the `rif N
id . Long
TAPE #2005-25
Robe D. Masd
DOCKET#2005-37
G enn Vaa
2005-1360
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