HomeMy WebLinkAbout20040337.tiff HEARING CERTIFICATION
DOCKET NO. 2004-09
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #905 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OPEN PIT MINING AND MATERIALS PROCESSING, A CONCRETE BATCH PLANT,
AND A CONCRETE AND ASPHALT RECYCLING PLANT IN THE A(AGRICULTURAL)
ZONE DISTRICT AND IN THE INDUSTRIAL ZONE DISTRICT- AGGREGATE
INDUSTRIES -WCR, INC.
A public hearing was conducted on January 28, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
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 9, 2004, and duly published January 15,
2004,in the South Weld Sun,a public hearing was conducted to consider the request of Aggregate
Industries-WCR, Inc.,fora Site Specific Development Plan and Amended Use by Special Review
Permit#905 for Mineral Resource Development Facilities, including Open Pit Mining and Materials
Processing, a Concrete Batch Plant, and a Concrete and Asphalt Recycling Plant in the
A (Agricultural)Zone District and in the Industrial Zone District. Lee Morrison, Assistant County
Attorney, made this a matter of record. Kim Ogle, 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.Ogle stated this is the first application requesting mining
activities in the Industrial Zone District,and he reviewed the surrounding land uses. He stated the
site is located within the three-mile referral area for Fort Lupton, and the applicant is proposing to
mine 49 acres located under the concrete batch plant and in the Industrial Zone District. He stated
this facility has been operating since June 1990,it has been mined in five phases based on market
demand,and he reviewed the Reclamation Plan. Mr.Ogle stated this is a dry pit mining operation,
the mined materials will be moved with conveyors to the batch plant facility,and reclamation will be
concurrent with the mining activities. He stated the existing haul route will remain,traffic will enter
and leave the site at Weld County Road 6,and noise levels will complywith Health regulations. He
further stated 19 referral agencies reviewed this case, ten provided comments that have been
addressed through the Conditions of Approval and Development Standards,the remaining agencies
did not respond, and staff received no correspondence from surrounding property owners.
Responding to Commissioner Geile,Mr.Ogle stated the site does not contain an asphalt batch plant
and all references to such should be removed. He stated there is a concrete batch plant, and this
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amendment is proposing a portable concrete and asphalt recycling plant. He further stated the
existing agricultural area is mined out, and the amendment is to mine 49 acres that are zoned
industrial. Mr.Ogle explained the applicant has another application fora nearby site which has been
tabled at the Planning Commission to resolve outstanding issues. He stated, if approved, the
applicant will use a conveyor to transfer mined materials from that site for processing at the
concrete batch plant on this subject site. He further stated the applicant does not intend to use a
slurry wall at this site.
Char Davis, Department of Public Health and Environment, stated she has no comments at this
time. She provided a memorandum for the Board's review proposing an amendment to
Condition #2.G, marked Exhibit G.
Donald Carroll,Department of Public Works,stated there is a new traffic signal on U.S.Highway 85,
at Weld County Road 6, which is used by three existing gravel pits in their haul route. He stated
the intersection provides a free-right turn which allows trucks to get up to speed. He stated the
south end of this site borders the section line right-of-way; however, it is not currently maintained
by the County. Responding to Commissioner Geile, Mr. Carroll stated the applicant has indicated
this proposal will not increase the current amount of 270 trucks per day.
Mike Refer,Aggregate Industries-WCR, Inc.,stated approximately three years ago they started the
application for the Wattenburg site, which is located across the river, because the mining at the
subject site is almost exhausted. He stated they intend to use a conveyor to bring materials from
the Wattenburg site to this concrete processing plant;however,the application has been tabled to
resolve issues with the U.S. Fish and Wildlife regarding water depletions and endangered species.
In the interim,this amendment will allow the applicant to mine the remaining 49 acres at the subject
site, which is under the processing plant and zoned industrial. He stated this proposal will take
approximately one to two years to complete,and then they will commence at the new Wattenburg
site and convey those materials to this site for processing. He explained the asphalt and concrete
recycling plant will consist of one crusher, one screen, and one or two conveyors. He stated they
will stockpile five to ten thousand tons and use the portable crusher to break it down. Responding
to Commissioner Geile,Mr.Refer stated a 10,000-ton stockpile would only be about 25 feet high and
70 feet long. He added the recycling service would only be for their customers'benefit, and most
of the stockpiled material would be surplus materials that come back on their trucks. He stated the
Reclamation Plan will create an open water lake and wetlands, not water storage, and they have
started to construct wetlands to replace those that will be lost at the Wattenburg site. In response
to Commissioner Vaad, Mr. Refer stated they chose not to construct a processing plan on the
Wattenburg site because the conveyor system will reduce the amount of truck trips generated and
the improvements have already been made to Weld County Road 6 at the entrance to the existing
site. He stated it will take approximately two months to construct the 350-foot conveyor system over
the river, and they will use a suspension bridge rather than piers in the river. In response to
Commissioner Jerke, Mr. Refer stated the total site is 190 acres, and this amendment is to mine
49 acres located at the southern end of the property. He reiterated the final reclamation will be for
an open lake and wetlands, as well as backfilling the industrial area for future development. He
further stated the wetlands projects will provide mitigation credits which they will bank for future
sites. Responding to Chair Masden, Mr. Refer stated the wetlands banking is along the river,the
first cell is already landscaped,and this amendment will not create additional truck traffic because
the recycled materials come back on trucks that delivered for a job. Commissioner Geile
referenced a letter from the City of Fort Lupton, marked Exhibit E, expressing concern with dust.
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Mr. Refer stated there is a new paved lane from the entrance to U.S. Highway 85, and they have
also paved at the entrance so dust and gravel will not be tracked from the site.
Bill Schenderlein,Applegate Group, Inc., represented the applicant and stated this will include 67
new acres and vacate 18 acres. He stated the first three phases are almost mined out, the fourth
phase is at the south end of the site,and the five phase is under the processing area. He reviewed
the Reclamation Plan which will create a groundwater lake, recreational wetlands, and backfill for
future industrial use. He stated the lake size may vary as it is backfilled with available material.
Responding to Commissioner Vaad, Mr. Schenderlein stated the applicant owns various water
rights along the South Platte River,and they have to augment water losses caused by mining and
dust abatement activities, as well as evaporative losses for every surface acre of the lake. He
explained the final Reclamation Plan has been bonded through the State Engineer's Office as a
requirement of the amendment filed with the Division of Minerals and Geology. Mr. Refer explained
the State Engineer's Office oversees the Temporary Substitute Supply Plan and reviews all the
losses. He stated when the site and the lake have been completed, they will take that information
to water court and get a permanent augmentation plan.
Carl Eiberger,surrounding property owner,stated the applicant has been a good neighbor,and has
replenished any affected wells. He stated the Wattenburg site is proposed for water storage. There
being no further comments, Chair Masden closed public testimony.
In response to Chair Masden, Mr. Schenderlein stated they concur with Ms. Davis'memorandum,
marked Exhibit G, proposing a change to Condition of Approval#2.G. He expressed concern with
Condition#2.K being placed as a Condition prior to recording the plat because the right-of-way on
Weld County Road 4 would only be used for future reclamation activities. Responding to
Commissioner Jerke, Mr. Refer stated there is no guarantee that they will use Weld County Road
4,so it would be better to include the language at a different location. In response to Commissioner
Jerke, Mr.Carroll stated the County does have right-of-way along Weld County Road 4,and if they
want to utilize that portion of road they would likely be required to do a Nonexclusive License
Agreement and improvements to accommodate the traffic. Mr. Morrison suggested moving the
language to the end of Condition#2.A.8,with the understanding that the applicant is not authorized
to use Weld County Road 4 unless,and until,all the other items in Condition#2.K are satisfied. Mr.
Ogle concurred. Commissioner Jerke commented the applicant has adequate accesses on Weld
County Road 6, the Colorado Department of Transportation (CDOT) does not want additional
accesses on U.S. Highway 85, and Weld County Road 4 would require a lot of upgrades.
Commission Long concurred and stated he favors deleting Condition#2.K and restricting access
to Weld County Road 6. Chair Masden concurred based on high traffic counts and concerns
regarding safety, and it is unlikely that CDOT will grant another access permit. Mr. Refer stated
there is an acceleration and deceleration lane on Weld County Road 4;however,they are agreeable
to deleting Condition#2.K. He requested Development Standard#31 be amended to allow daylight
operations. Mr.Ogle proposed language for the record to state,"Hours of operation will be one shift
during daylight hours, Monday through Saturday. Hours of operation in the winter months
(November through April)will be 7:00 a.m. to 5:00 p.m., and in the summer months (May through
October)will be 7:00 a.m.to 7:00 p.m.,with limited hours of operation during the summer months."
Mr.Schenderlein stated Condition#3.C can be deleted because the new language under Condition
#2.G addresses the septic system. He further stated Condition of Approval#3.D requires providing
a permanent water supply for drinking and sanitation needs prior to operation based on the future
intent of processing materials from the Wattenburg site; however, that creates a difficult timing
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issue. He stated Development Standard #17 addresses a permanent water supply if the
Wattenburg site is permitted. Mr.Ogle stated since this site will likely continue to process materials
for seven to thirteen years, staff is requiring a permanent water source. In response to
Commissioner Vaad, Mr.Ogle stated Development Standard#17 is adequate and Condition#3.D
can be deleted. Responding to Commissioner Jerke, Mr. Refer stated a purification system could
be added to the house's water which is used for drinking water and sanitary purposes;however,the
applicant will also continue to provide bottled water. Mr.Ogle requested the Board delete Condition
of Approval#2.L. Responding to Chair Masden, Mr. Refer stated he and the applicant concur with
the Conditions of Approval and Development Standards as proposed and modified.
Commissioner Jerke commented he would like to see these mining cells used for water storage.
Regardless, he moved to approve the request of Aggregate Industries - WCR, Inc., for a Site
Specific Development Plan and Amended Use by Special Review Permit#905 for Mineral Resource
Development Facilities, including Open Pit Mining and Materials Processing, a Concrete Batch
Plant, and a Concrete and Asphalt Recycling Plant in the A(Agricultural)Zone District and in the
Industrial 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 and modified during discussion. Mr.Ogle clarified the Resolution also needs to be corrected
to remove any reference to an asphalt batch plant. Mr. Morrison stated that use was included in the
notice; however, it is appropriate to delete because it will have a lesser impact. The motion was
seconded by Commissioner Long. Mr. Morrison clarified the Board's motion also needs to reflect
that approval of this permit will be effective March 1,2004,to correspond with the effective date of
Weld County Code Ordinance#2003-10. Commissioners Jerke and Long amended their motion
as suggested by Mr. Morrison. There being no further discussion,the motion carried unanimously,
and the hearing was completed at 3:00 p.m.
This Certification was approved on the 2nd day of February, 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W D NTY, CQLORADO
ATTEST: a _/,{i '�� r Eta
Robert D. Masden, Chair
Weld County Clerk to t r' ' o^t�!�.,
' �� � William H. r e, Pro-Tem
BY: " Id A
Deputy Clerk to the B.�~r,+f 1T
M. J. 'le
TAPE #2004-06
David Long
DOCKET#2004-09 y' .41 ed
Glenn Vaad
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EXHIBIT INVENTORY CONTROL SHEET
Case AmUSR#905 -AGGREGATE INDUSTRIES -WCR, 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 11/18/2003)
D. Clerk to the Board Notice of Hearing
E. City of Fort Lupton Letter to DMG, Land Use Plan, Letter from
Northern Colorado Water Conservancy
District, Maps, and News Article
(01/26/2004)
F. Jae Webster Letter of Opposition (01/26/2004)
G. Health Staff Memorandum re: New Condition of Approval
(01/28/2004)
H. William Schenderlein Fax Cover Page (H1), Oversized Maps used
in applicant's presentation - Reclamation
Plan (142) and Extraction Plan (H3)
(01/30/2004)
I. Planning Staff Evidence of sign posting on site
J.
K.
L.
M.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF JANUARY, 2004:
DOCKET#2004-10 - LANCE MESSINGER
DOCKET#2004-05 - MARLIN NESS
DOCKET#2004-09 - AGGREGATE INDUSTRIES -WCR, INC.
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NAME ADDRESS
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