HomeMy WebLinkAbout20050291.tiff HEARING CERTIFICATION
DOCKET NO. 2005-07
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1255 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OPEN PIT MINING AND MATERIALS PROCESSING, INCLUDING A CONCRETE AND
ASPHALT BATCH PLANT, IN THE A (AGRICULTURAL) ZONE DISTRICT - L.G.
EVERIST, INC.
A public hearing was conducted on January 26, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tern - EXCUSED
Commissioner David E. Long
Commissioner Robert D. Masden - EXCUSED
Commissioner Glenn Vaad
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, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 7, 2005, and duly published January 12,
2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of
L.G. Everist, Inc., for a Site Specific Development Plan and Amended Use by Special Review
Permit#1255 for Mineral Resource Development Facilities,including Open Pit Mining and Materials
Processing,including a Concrete and Asphalt Batch Plant,in the A(Agricultural)Zone District. Lee
Morrison, Assistant County Attorney, made this a matter of record. Chair Jerke advised the
applicant's representative,Maureen Jacoby of Banks and Gesso,LLC,that they have 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 be deemed denied. Ms. Jacoby 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. He
gave a brief description of the location of the site,and stated although the site is not within the Fort
Lupton Intergovernmental Agreement(IGA)boundary which is immediately to the south,it is within
the three-mile referral area. He stated the City of Fort Lupton Planning Commission Minutes for
October 12, 2004, indicate no conflicts with its interests. He stated there are several residences
and associated outbuildings on the amendment property,as well as oil and gas collection facilities.
He gave a brief description of the surrounding land uses,including four County-permitted sand and
gravel mining operations within two miles of the proposal. Mr. Gathman stated the site consists of
212 acres of non-irrigated agricultural land, historically utilized as pasture, of which 165 acres will
be mined. He stated there will be five phases to be mined over the course of 27 years, which will
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be reclaimed as lined water storage reservoirs. The applicant has indicated this will be a dry mining
operation, and there will be a maximum of 11 employees working one shift during daylight hours,
Monday through Saturday. He stated the site reclamation will conform to the requirements of the
Mined Land Reclamation Board(MLRB)permit,and the reclamation will be done concurrently with
the mining operations to minimize disturbance to the site and wildlife. Mr.Gathman stated all traffic
will continue to access the site from Weld County Road 18, and 98 percent of the truck traffic will
exit east to State Highway 85 where 75 percent will travel south and 23 percent will go north. He
stated the remaining traffic will exit and travel west on Weld County Road 18. He further stated the
applicant has worked with the Department of Public Works regarding a designated haul route,and
the Department of Public Health and Environment has confirmed it has received no noise or odor
complaints for the existing operation. Mr. Gathman stated 22 referral agencies reviewed this
proposal,and 15 provided comments that have been addressed in the Conditions of Approval and
Development Standards. He stated in response to Condition of Approval#1.A,the applicant has
applied to re-permit an existing well to provide potable water for the employees and visitors,and the
amended well permit should be provided in a few weeks, therefore, they are requesting the
Condition be moved to prior to recording the plat. Mr.Gathman stated staff received two letters from
Ross Bachofer, surrounding property owner, and the applicant did respond with a meeting and
subsequent letter. Mr. Bachofer has submitted an additional letter, marked Exhibit I, expressing
concerns regarding impacts to water levels in existing wells, odor, noise, and truck traffic. He
reiterated the Department of Public Health and Environment has received no complaints regarding
the existing facility. He stated this amendment is for the expansion of an existing mining area;
however,all other aspects of the operation will remain the same regarding truck trips,etcetera. Mr.
Gathman displayed photographs of the site and surrounding area,and submitted correspondence
between the applicant and the MLRB,marked Exhibit K, indicating there will be a hearing before the
MLRB on February 15 and 16, 2005. He stated the applicant has submitted a Landscape Plan,
which has been reviewed and approved by staff, therefore, Condition of Approval #2.M can be
deleted. In response to Commissioner Vaad, Mr.Gathman stated Conditions#2.E and#2.J address
water issues prior to recording the plat so Condition of Approval #1.A can be deleted.
Char Davis, Department of Public Health and Environment,stated she initially had concerns about
the water source; however, she has been working with the applicant and they are working to get
both water wells permitted for commercial use. She stated that process will likely be completed in
the next four weeks,which will address Condition of Approval#2.E. She stated the site has a scale
house that has a septic system, and the applicant has agreed to install a new septic system when
the scale house is moved in the future. She further stated Condition of Approval #2.F has been
satisfied and can be deleted. Responding to Chair Jerke, Ms. Davis stated one of the wells is for
production and augmentation,and the permit must be reclassified if there is any change in the use.
She stated it has a pumping rate of 1,500 gallons per minute,and the other well produces 15 gallons
per minute.
Donald Carroll, Department of Public Works, stated the existing access is west of the Platte River
Bridge,and 98 percent of the truck traffic will exit to the east to Highway 85 and then south,with the
remaining traffic providing local deliveries to the west on Weld County Road 18. He indicated the
location of surrounding mining facilities,and clarified the haul route for this facility will not use Weld
County Road 25. Mr. Carroll stated the average daily traffic count is 300 to 400 vehicles on Weld
County Road 18,and a traffic study done in 2000 indicates the truck traffic from the expansion will
be the same as the existing operation. He stated the Department of Public Works is requiring a new
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road improvements agreement to address additional safety improvements on Weld County Road
18 to handle heavy hauling. He explained as the facility moves to the west, they will close the
existing access and utilize other accesses along Weld County Road 18;however,there will only be
one access open at any particular time.
In response to Chair Jerke, Keith Meyer, Department of Public Works, stated the other haulers in
the area have worked to develop Road Improvement Agreements for regional improvements that
are still being negotiated and finalized. He stated the applicant has already done some
improvements at the intersection of Weld County Road 18 and Highway 85,therefore,they will get
a credit for those old improvements in relation to the new improvements that will be needed. He
stated those details will be addressed in the Road Improvements Agreement that has to be
completed prior to recording the plat. In response to Commissioner Vaad, Mr. Meyer stated the
applicant is aware of the discussions with the Colorado Department of Transportation (CDOT)
regarding signalization of the intersection; however, the U.S. Highway 85 Access Control Plan
requires a three-quarter movement at the subject intersection. He noted one flaw in the plan is that
it does not provide a good turn around for trucks that travel north on Highway 85. He further stated
currently staff is not including any signalization or three-quarter movements into the improvements
agreements because CDOT is pursuing an optimization study of the plan to help address some of
those issues.
Lynn Mayer,L.G. Everist, Inc.,stated they area fourth-generation,family-owned business that was
founded in 1876. She stated the headquarters are in Sioux Falls, South Dakota, they began
operating in Colorado in 1967,and started in Weld County in the mid 1980's. She further stated they
operate four sites in Weld County and provide gravel for various uses throughout the State. Ms.
Mayer noted they have received reclamation awards from the Colorado Division of Minerals and
Geology(DMG)on two of their sites,and one site has been purchased by the Colorado Division of
Wildlife(CDOW). She stated the amendment is only for an expansion of acreage;they will not be
increasing production or traffic, and they will continue to use the same equipment. She stated the
reclaimed use will be water storage reservoirs with slurry walls, and the final use is under
negotiation with surrounding municipalities regarding the purchase of water storage. Ms. Mayer
stated they have executed agreements with the land owners, utilities,oil and gas operators,and the
Lupton Bottom Ditch Company. She explained the old irrigation well was changed to a commercial
use before they started the existing facility,and it produces 1,500 gallons per minute. The other well
was used for sanitary and drinking water in the migrant farm houses, and the process of
reclassifying it to a commercial use should be completed in three weeks to provide drinking water
and septic service in the office.
Maureen Jacoby, Banks and Gesso, LLC, represented the applicant and displayed an aerial
photograph of the existing and proposed amendment, marked Exhibit O. She stated the South
Platte River provides the eastern property boundary, Little Dry Creek is located to the west, the
Lupton Bottom Ditch bisects the property, and Weld County Road 18 borders the site to the north.
Ms.Jacoby stated under this amendment the applicant intends to mine an additional 165 acres over
the next 30 years. She displayed a depiction of the reclamation plan with lined ponds,and explained
each phase will be approximately 40 acres and take approximately six years to mine. She stated
slurry walls will be done prior to mining below the water level,they have installed 14 monitoring wells
both on and off the site,the State reclamation permit requires monthly readings from the monitoring
wells, and they will be required to implement a mitigation plan if adverse impacts occur to
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surrounding wells. She explained the DMG has recommended approval of this application;however,
because Mr. Bachofer has expressed opposition, they will go before the MLRB for a hearing in
February. Ms.Jacoby submitted the DMG Rationale for Approval and an amendment to page four,
marked Exhibits L and M. She referred to Condition of Approval#2.A.11 which requires a 200 to
300-foot setback from the existing tree line;however, if that requirement is enforced,the remaining
area of the Golden parcel will not be feasible for mining. She stated they have agreed to a 200-foot
setback from the South Platte River bank,which has been approved by the DMG. In response to
Commissioner Vaad, Ms.Jacoby stated they and the DMG have reviewed the area and found that
the potential flooding in this area is shallow and of low velocity,therefore, no additional buffering is
needed for this pit. Responding to Chair Jerke, Ms. Jacoby stated they did have Wright Water
Engineers do a water model of the impacts created by the various slurry walls from all the mines
in the area,and the model shows a potential shadow effect. She stated if the model results occur,
they will implement the mitigation plan. Chair Jerke commented he wants to ensure the
groundwater and irrigation systems are not depleted. Ms.Jacoby clarified it would not be an issue
of depletion, rather a matter of equalizing the system.
Kevin Parker,surrounding property owner,stated his property borders the current operation on the
north, and his residence is closest to the existing facility. He stated he resided there prior to the
mining process,and they have never had any issues with noise,odors,or disruptive occurrences.
He stated the operations take place down in the pit or behind a berm, and the applicant has been
an exemplary neighbor. He stated initially he did have concerns with truck traffic, noise,etcetera;
however,he has not encountered those problems because of how the applicant operates the facility.
He stated they keep the neighbors well informed of what is happening, and stay in touch if the
residents have questions. If approved, he intends to sell his property to the applicant and look for
another property in the area. He stated they did not consider moving until the expansion was
proposed and they were approached for use of their land.
Dick Schaefer,surrounding property owner to the east of the expansion,stated the current plant is
west of his home. He stated he has not been impacted by noise or other issues from the current
plant;however,he does have some concern with the expansion of the operation closer to his home.
He stated his home will be within 500 feet of one of the pits,and he has not been approached by the
applicant. He stated there is heavy truck traffic on Weld County Road 18,and he wants to ensure
there is not an increase in truck traffic. He also expressed concern with a potential decrease in his
property value. Ms. Schaefer stated the current operation has been well operated; however, it is
currently setback from Weld County Road 18 and away from his home. In response to
Commissioner Vaad, Mr. Schaefer stated his property is east of the South Platte River.
Gomer Hill,surrounding property owner,stated he lives adjacent to the site,on the west side of the
river, and he plans to stay. He moved to the area 16 years ago and supported the plans for the
original pit because it will eventually result in more open space. He stated he has fenced portions
of his property along the river to preserve wildlife habitat, and he feels his property will be more
valuable in the future after the mining project is completed. Mr. Hill stated his house will be within
100 feet of the east pit, he has two shallow wells and one deep well on his property, and the
proposal will likely increase the water levels on his property,without creating flooding problems in
his basement.
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Robin Golden, surrounding property owner, stated he owns the eastern-most property proposed
under this amendment. He stated he does not have a concern with noise, increased traffic, or
impact on area wells. He further stated he has observed that the wildlife generally stays within a
couple hundred feet of the river. In response to Chair Jerke, Mr. Gathman stated Condition of
Approval#2.A.11 was included to address comments from the Division of Wildlife which proposed
a range of 200 to 300 feet from the edge of the existing tree line. Responding to Chair Jerke, Mr.
Golden stated the site is approximately 35 acres and it is mostly covered with Cottonwood trees.
He further stated he purchased the site and lived there for some time;however,he later moved and
his father-in-law lived in the home until recently. Ms.Jacoby stated the grey line on Exhibit O reflects
a 200-foot setback from the river bank,and the red line is 200 feet from tree line. Mr.Golden stated
he appreciates the concern for preservation of wildlife habitat; however,as the property owner he
could cut the trees for development,contrary to this mining proposal which will provide more wildlife
habitat in the future. There being no further comments, Chair Jerke closed public testimony.
Ms. Jacoby stated the processing plant is currently in the southwest corner of the property, and
when that area is mined, the facility will be moved north or further west. In response to concern
from Mr.Schaefer,she stated the processing facility may eventually be closer to Weld County Road
18; however, it will move further away from his home. She stated there have been no complaints
regarding noise,dust,or odor,and she quoted a portion of the Second Adequacy Review from the
DMG, marked Exhibit K,which states they agree with a 200-foot setback from the river rather than
200 or 300 feet from the tree line as proposed by the CDOW. Ms. Jacoby stated she and the
applicant have reviewed and concur with all of the Conditions of Approval and Development
Standards, with the request that Conditions #2.A.11 and #2.M be deleted. In response to
Commissioner Vaad, Ms. Jacoby explained the DMG recommended approval of this application;
however,they will be conducting a hearing before the MLRB due to opposition from Mr. Bachofer,
and if approved the facility would expand,or if denied,the operations would cease. Responding to
Chair Jerke, Ms.Jacoby stated the MLRB can also approve the application with additional mitigation
measures. Mr. Morrison stated the County and State processes are not dependant upon each
other;however,the applicant must complete both in order to proceed. He stated typically the MLRB
does not deny applications, but it is possible. Responding to Commissioner Long, Mr. Morrison
stated if mitigation measures are added at the State level, they do not necessary need to be
reflected in the County documents. He explained the MLRB deals primarily with reclamation
measures, whereas the County addresses more of the operation features. Responding to Chair
Jerke, Ms. Jacoby reiterated they have reviewed and concur with the Conditions of Approval and
Development Standards, with the exception of Conditions #2.M and #2.A.11. Chair Jerke
summarized that the Board previously agreed to deleting Conditions#2.A.1,#2.F and #2.M. He
stated, as proposed by the CDOW, the setback from tree line would result in a complete taking of
the property,and he feels cottonwoods contribute to significant water consumption from the South
Platte River, therefore, he supports changing Condition#2.A.11. Commissioner Long proposed
modifying Condition#2.A.11 to state,"The 200-foot setback from the river bank of the South Platte
River located east of the area identified as the'Golden Pit'on the applicant's map." Commissioner
Vaad concurred with the modification with the understanding that the aerial photograph depicts
some remaining vegetation between the riverbank and the grey line to provide some buffer.
Commissioner Vaad moved to approve the request of L.G. Everist, Inc., for a Site Specific
Development Plan and Amended Use by Special Review Permit #1255 for Mineral Resource
Development Facilities, including Open Pit Mining and Materials Processing,including a Concrete
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and Asphalt Batch Plant,in the A(Agricultural)Zone District,based on the recommendations of the
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record. His motion included deleting Conditions of Approval#1.A,
#2.F,and#2.M,and modifying Condition#2.A.11 to state,"The 200-foot setback from the river bank
located east of the area identified as the 'Golden Pit' on the applicant's map." The motion was
seconded by Commissioner Long,and it carried unanimously. There being no further discussion,
the hearing was completed at 11:45 a.m.
This Certification was approved on the 31st day of January 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1861 .�" !� William H. Jerke, Chair
lerk to the Board
�. EXCUSED
S,41 7—'ii M. eile, Pro Tem
Dejuty Clerk to the Board
David E. Long
TAPE #2005-06 EXCUSED
Robr D. Masden
DOCKET#2005-07 ; j /A� ///et e3
Glenn Vaad
2005-0291
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EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#1255 - L.G. EVERIST, INC.
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 01/04/2005)
D. Clerk to the Board Notice of Hearing
E. Applicant Proof of Notification to Mineral Owners,
dated 11/19/2004
F. Applicant Letter to Ross Bachofer, dated 12/17/2004
G. Planning Staff Memo re: Item prior to scheduling,
01/04/2005
H. Applicant E-mail re: items of submittal, dated
12/23/2004
Ross Bachofer Letter of Concern, dated 01/15/2005
J. Planning Staff Certification of sign posting
K. Planning Staff Letter to Health re: Adequate Water Supply
(01/12/2005); Letter from DMG re: 2nd
Adequacy Review (01/14/2005); and Letter
from DMG re: 3rd Adequacy Review
(01/24/2005)
L. Applicant Division of Minerals and Geology Rationale
for Approval over Objections, dated
01/26/2005
M. Applicant Division of Minerals and Geology Amended
to page 4 of Exhibit L
N. Applicant Division of Minerals and Geology, Pages 1
and 4 of Second Adequacy Review
(01/14/2005
O. Applicant Aerial Map overlay of Existing and Amended
Mining Areas
P. Dick Schaefer Color photograph of Schaefer property
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 26TH DAY OF JANUARY, 2005:
DOCKET#2005-06 -OCON GROUP, LLC / LEHIGH ENTERPRISES ACQUISITION
DOCKET#2005-07 - L.G. EVERIST, INC.
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