HomeMy WebLinkAbout20033041.tiff HEARING CERTIFICATION
DOCKET NO. 2003-82
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1435
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OPEN PIT
MINING AND MATERIALS PROCESSING, A CONCRETE AND ASPHALT BATCH
PLANT, A CONCRETE RECYCLING FACILITY, AND A MATERIALS SALES YARD IN
THE A(AGRICULTURAL) ZONE DISTRICT - HALL-IRWIN CORPORATION
A public hearing was conducted on November 19, 2003, at 10:00 a.m.,with the following present:
Commissioner David E. Long, Chair- EXCUSED
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
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 October 31, 2003, and duly published November 6,
2003, in the South Weld Sun,a public hearing was conducted to consider the request of Hall-Irwin
Corporation for a Site Specific Development Plan and Use by Special Review Permit#1435 for
Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing,a
Concrete and Asphalt Batch Plant,a Concrete Recycling Facility,and a Materials Sales Yard in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Chair Pro-Tem Masden advised the applicant's representative, Danna Ortiz of Civil
Resources,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 in the
case of a tie vote,Commissioner Long will listen to the record and make the determining vote. Ms.
Ortiz indicated she would like to proceed today.
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. He gave a
brief description of the location of the site and surrounding uses. He stated the permit area is 134
acres, and the applicant is proposing to mine 89 acres in six phases over the next 15 years. He
stated this will be a dry mining operation, with a maximum of 56 employees who will work in two
shifts during daylight hours,Monday through Saturday. Mr.Ogle stated the materials will be moved
using conveyors; the applicant is required to acquire a reclamation permit; and the impacts to
wildlife will be minimized. He stated the project will result in three reservoirs;30 percent of the traffic
will go west on Weld County Road 58, and the remainder will travel east. He further stated the
Colorado Department of Transportation is requiring improvements to the State Highway system,and
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the Department of Public Works is requiring an additional ten feet of right-of-way. Mr. Ogle stated
16 referral agencies reviewed this proposal, 11 responded with comments that have been included
in the Conditions of Approval and Development Standards, and staff has received no further
correspondence since the Planning Commission Hearing. He submitted a memorandum,marked
Exhibit I, proposing changes to the Draft Resolution Conditions of Approval and Development
Standards to delete requirements which have already been fulfilled by the applicant.
Char Davis, Department of Public Health and Environment, stated she has no comments at this
time. Donald Carroll, Department of Public Works, provided a draft Improvements Agreement,
marked Exhibit J, regarding intersections,overlays,widening,accident counts,and traffic counts.
Mr. Carroll stated the applicant has indicated 30 percent of the traffic will go west on Weld County
Road 47.5,and 70 percent will head southeast to Highway 34. In response to Commissioner Geile,
Mr. Carroll stated the agreement is for necessary improvements to the designated haul route,
including widening intersections for turning radiuses at Road 47.5 and Highway 34. He stated staff
will work with the Colorado Department of Transportation(CDOT)for a left turn slot and acceleration
lane on Highway 34, and staff evaluated the existing pavement and is requiring an additional 1.5
inches of overlay on Weld County Road 58, and 2.5 inches of overlay on Weld County Road 47.5
from Road 58 south to Highway 34.
Danna Ortiz, Civil Resources, introduced the other representatives for the record and stated the
applicant hosted two neighborhood meetings, as well as meeting with the neighbors individually.
She stated in response to concerns expressed by the neighbors, the applicant made several
revisions,consisting of relocating the processing area from the south to the northwest and including
berms. She stated they were approved for a Flood Hazard Development Permit for the new
location,and the hours of operation have been changed to 6:00 a.m.to 7:00 p.m.,or daylight hours,
whichever is more restrictive. She further stated there will be no operations on Sundays,except for
emergencies,and the life of the operation has been reduced from 25 to 15 years,with an additional
three to five years for reclamation of the site for a water storage reservoir. Ms. Ortiz stated a
contract is in place with the Central Colorado Water Conservation District to have the reservoir in
place in twelve years. She stated no truck traffic will be allowed to go east on Weld County
Road 58,with the exception of local deliveries. She further stated Hall-Irwin is committed to truck
safety,so they will do safety training and implement programs to ensure pedestrians and horseback
riders are safe, as well as reducing the speed limit and posting signs for driver awareness. Ms.
Ortiz stated Condition of Approval #2.A.9 requires the applicant to construct acceleration and
deceleration lanes at the site entrance; however, that improvement is not warranted by the traffic
study and the applicant is requesting this condition be deleted. In response to Commissioner Vaad,
Ms.Ortiz stated the display maps showing the new location of the processing site are in the file,and
she provided an additional copy, marked Exhibit K.
Forrest Leaf, Leaf Engineering, reviewed various overhead transparencies showing the aquifer
cross section with,and without,the slurry wall,as well as gradient readings, marked Exhibit L. He
stated there are several domestic and irrigation wells in the area, and Hall-Irwin does have a well
to supply the batch operations and provide dust control. He stated the applicant will use a slurrywall
to keep water from moving in/out of the mining area. Mr. Leaf stated Hall-Irwin will sell
3,000 acre-feet of water storage to the Central Colorado Water Conservancy District to be used for
augmentation purposes. He stated the slurry wall will eliminate the potential for draw down in the
area when the mining area is dewatered, as well as prevent evaporative depletions to the South
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Platte River. He further stated failure of the slurry wall is unlikely because the trench will extend
down into bedrock,and when they commence mining there are mandatory setbacks to ensure slope
stability. The applicant is also required to post a bond for construction of the slurry wall,which will
remain in effect until the State Engineer's Office and Central Colorado Water Conservancy District
approve of the work. Mr. Leaf stated the bond posted with the Division of Minerals and Geology will
remain in effect until the reclamation is complete. He further stated if there is any seepage the
Central Colorado Water Conservancy District must correct the problem. Mr. Leaf reviewed the
effects on groundwater flows once the slurry wall is in place, as well as evaporative depletions
which must be quantified and replaced,and stated the applicant has provided a Substitute Supply
Plan that has been approved by the State Engineer's Office. In response to Commissioner Jerke,
Mr. Leaf stated the need for aggregate materials is market driven; however, there is not much
potential for a continuous string of lined pits located along the South Platte River that could
potentially block water from reaching the surface. He stated the importance of water flow will have
to be balanced with the need of mined products to support the growth in Weld County. Responding
to Commissioner Vaad, Mr. Leaf stated the Kuner Terrace is approximately 15 to 20 feet from the
surface, and the two-foot water rise will be adjacent to the slurry wall, so it should not impact the
ditches. He further stated there will be enough unsaturated area to ensure neighborhood
basements are not flooded. Responding to Commissioner Geile, Mr. Leaf stated Hall-Irwin has lined
five pits for the Central Colorado Water Conservancy District,and they have 22 miles of slurry wall
that has been built in the last decade,which is documented for quality assurance. He further stated
a construction bond has been posted to satisfy the State Engineer's Office,and it will be released
once the requirements have been satisfied. The second construction bond will remain in place
through the life of the pit. In response to Chair Pro-Tem Masden, Mr. Leaf stated the slurry wall is
only three feet wide, and he will provide a computer disk which explains the process. He further
stated the pit and slurry wall is 600 feet away from all but one well, and the applicant must get a
waiver from that well owner or have a hearing with the State Engineer's Office. He stated the water
buildup against the slurry wall will actually benefit the domestic well level,and the irrigation wells are
far enough away that they should not be impacted by the draw down. Responding to Commissioner
Jerke, Mr. Leaf stated the domestic wells are shallow.
Jeff Gregg, Hall-Irwin Corporation representative,stated they do studies on domestic and irrigation
wells within 600 feet of their mining operations,and they are required to provide a written mitigation
plan. Mr. Gregg reviewed various means of correcting a well injury. Ms. Ortiz stated there are five
monitors around the site which will be reviewed monthly to establish a baseline and then monitored
quarterly.
Brent Coan,attorney,stated the applicant prepared oil and gas maps which were circulated to the
oil and gas companies in the area in July 2003,and they have requested no changes. He reviewed
the Existing Conditions Plan Map, marked Exhibit M, and he highlighted the existing developed
areas, as well as potential drill sites. Mr. Coan also reviewed the Reclamation Plan Map, marked
Exhibit N,and he highlighted current and proposed accesses for oil and gas operations. He stated
there is a Surface Use Agreement with Merit Partners, LP, which addresses all of their concerns.
He further stated the facilities owned by Petroleum Development Corporation will not be affected,
the well and tank battery owned by Prima Oil and Gas Company are outside the mining area, and
Hall-Irwin will work with Duke Energy to relocate a pipeline. Mr. Coan stated access to oil and gas
facilities has been accommodated,there will be a 150-foot setback radius around each well, and
the applicant will add notes to the plat describing the setback distance. He stated the plat will also
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indicate a 30-foot, all-weather access road, as well as the setback distance from pipelines and
production facilities. Mr. Coan stated even if a Surface Use Agreement is not completed with
Petroleum Development Corporation,there is adequate protection for their interests,and Hall-Irwin
has received no response from Prima Oil and Gas. In response to Commissioner Geile, Mr. Ogle
concurred that Condition of Approval#2.Awas completed prior to scheduling the Commissioners'
hearing and it can be deleted.
Jackie Bonnie,surrounding property owner,expressed concern that her well is not denoted on the
applicant's plat. She stated she has been trying to sell her home since last November; however,
prospective buyers declined when theywere notified of this proposal. She stated her property value
has decreased by$50,000,there will be increased traffic on Weld County Road 58 to the east,and
this proposal will ruin the quality of life in the area. In response to Commissioner Jerke, Ms. Bonnie
stated the well she used to water her livestock is 15 feet deep and it is dry; however, her property
is also supplemented by the Central Weld County Water District. In response to Mr. Morrison, Ms.
Bonnie stated the well is registered.
Chair Pro-Tem Masden recessed the meeting until 1:30 for lunch. Upon reconvening, Ms. Ortiz
responded to Commissioner Jerke by stating the property is currently in agricultural production.
Richard Brown, surrounding property owner, stated he is representing various residents in his
neighborhood. He displayed a map, marked Exhibit P,showing the proposed site in relation to the
surrounding homes and two dairy operations. He stated there are 37 homes in the area, with 27
located between the river bridge and East 18th Street. Mr. Brown stated approximately 30 percent
of the traffic will use East 18th Street,which equates to 150 additional vehicle trips, or one vehicle
every 5.2 minutes. He stated the applicant also estimates 70 percent of the traffic will use Weld
County Road 47.5,which equals 350 trips per day in addition to regular traffic,or one car every 3.2
minutes. He further stated there are two large commercial dairies operating on both sides of Weld
County Road 47.5,and they move heavy equipment across the principal haul route of the proposed
gravel operation. Mr. Brown stated this is a new use which will likely have an adverse impact for
15 years,and there appears to be no positive benefits for the existing residents. He stated there are
also five school bus stops along the haul route, and the projected busy times correspond with
school traffic. He further stated the key intersections along the haul route are not engineered to
handle the additional traffic,there have been numerous accidents in the past,there are problems
with traffic flow, and there are poor conditions during the winter due to fog and limited lighting. He
stated this proposal does not provide for the health, safety, and welfare of the neighborhood. Mr.
Brown stated they hired the services of Anne Garrison who completed an economic study which
estimates there has been a 20 percent reduction in property values although operations have not
yet started. He stated there is no balance between the preservation of the private property rights
of the applicant and the rights of the residents in the area, the neighborhood will be adversely
affected by noise, increased traffic,and dust blowing from the stock piles. He further stated there
are 22 wells in the neighborhood;some are shallow for stock watering, and others are deep wells
which are necessary for business operations. Mr. Brown stated the property owners have received
no legal assurance from the applicant protecting the water levels,and he feels the zone of influence
should extend for 3,000 feet. He stated the back hauling,retail sales,and other non-mining activities
are not compatible with surrounding agricultural uses,and he requested those activities be rejected.
He further stated this property has historically been in agricultural production;however,the applicant
sold the water rights. He stated the Comprehensive Plan encourages the conservation of
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agricultural land,and he expressed concern with the Board granting similar applications along this
portion of the river. Mr. Brown stated this application should be denied because it is not compatible,
the adverse impacts are not reasonable,it will take farmground out of production,it contradicts the
Weld County Code and Comprehensive Plan,and there are no measures for protecting the health,
safety and welfare of the neighborhood. If approved, Mr. Brown requested the Board include
conditions that restrict any non-mining activities to reduce the adverse impacts of traffic,noise,and
dust. He stated provisions are needed regarding reduced speed limits,lighting at key intersections,
modified hours of operation, restricted hauling while the school buses are running,and adequate
studies to provide reasonable solutions for water mitigation. In response to Commissioner Geile,
Mr. Brown stated if the retail use is allowed,there will be additional traffic on Weld County Road 58,
as well as independent truckers. Responding to CommissionerJerke, Mr. Brown stated the current
speed limit on Weld County Road 58 is 40 miles per hour,and Weld County Road 47.5 is 55 miles
per hour. He further stated the site was used in the past to raise corn, alfalfa, pinto beans, and
onions.
Donna Stevenson,surrounding property owner,stated the traffic study does not include information
regarding the haul route west of the Platte River. She stated Weld County has not done a traffic
count since 1979, and this application proposes that 30 percent of the traffic will go west. She
further stated the intersection at Fern Avenue and East 18th Street is a "Y" intersection, and the
applicant did not adequately address the traffic questions raised at the Planning Commission
hearing. Ms.Stevenson stated the hours of operation coincide with the bus schedule;four months
out of the year it is dark while the children wait at the intersection of Weld County Roads 47.5 and
58;and the proposed widening leaves less room for the waiting children. She stated the applicant's
report states the size of the mined material will not support concrete recycling or asphalt plants,and
at maximum capacity there will be 220 trucks per day. She stated the applicant operates five other
gravel pits in Weld County, and the Greeley pit could support this area. She further stated the
applicant will be paid for the water storage, and the area residents will receive no benefits.
Randy Wolfe, surrounding property owner, stated he concurs with the previous comments and
added he feels this will have a tremendous economic impact on his family. He stated they have
already invested in having their wells tested,and if approved, he will lose approximately$500,000
in property value,which he planned to use for retirement. Mr.Wolfe also expressed concern with
the applicant only committing to verbal agreements regarding area wells. He requested the proposal
be denied because it is not compatible with the surrounding area. He stated the material that will
be mined is mostly sand, which will require a lot of back hauling. If approved, he requested the
Board deny any back hauling, the asphalt and concrete batch plants, and the recycling and retail
areas.
Mark Van Earden stated he owns and operates one of the surrounding dairies. He expressed
concern with additional truck traffic because the dairy operations cross the road approximately 80
times per day,and they only travel at about ten miles per hour. He stated there needs to be lighting
to illuminate Weld County Roads 47.5 and 54, as well as rumble strips to alert traffic of upcoming
intersections.
Bill Dunn stated he owns 80 acres to the east, which has a domestic and agricultural well. He
expressed concern with the potential impact to the irrigation well and his farming operations. He
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requested his wells be indemnified. In response to Commissioner Masden, Mr. Dunn stated his
wells go to bedrock, which is about 90 feet deep.
Wade Laustalet spoke on behalf of his family which owns mineral rights on a neighboring property.
He questioned what impacts this operation will have on the areas mineral rights. He stated he only
received notice of this request ten days ago,and he requested additional time to review the proposal
in relation to the mining envelopes. There being no further comments, Chair Pro-Tem Masden
closed public testimony.
Ms. Ortiz stated the Agricultural Zone District is the only zone where mining is allowed in Weld
County. She stated the site is currently in the floodplain, and this proposal will benefit agriculture
in the long run by providing water storage. She stated the mining operations will be subject to many
standards to ensure the health,safety,and welfare of area residents regarding air pollution,noise,
and dust. She stated the applicant is also concerned with health issues for the benefit of the
employees. She further stated the processing area has been moved farther back into the site for
a greater distance from surrounding properties, and the stockpiles will be located around the
processing area to help mitigate noise. Ms. Ortiz stated according to the Dust Abatement and
Control Plan the applicant will use a water truck and magnesium chloride to control dust. She
reiterated that 500 trips is the maximum that will occur during peak operations; however,a typical
day will only have eight to ten employees. She stated the traffic study took the peak amounts into
account and found all the intersections to be adequate with the appropriate stop sign controls. She
further stated staff has reviewed and accepted the traffic study,the applicant is willing to make all
improvements required by staff, backhauling was also included in the traffic study,the applicant is
very willing to work with signage and reduced speed limits,and they are also open to suggestions
for protecting the area's school children. She stated lighting at the intersections is not warranted
because they will not be operating after dark, and the applicant is willing to spray to control
mosquitos.
In response to Commissioner Vaad, Mr. Leaf confirmed there would be an increase in the water
level at Mr. Dunn's property. Responding to Commissioner Masden, Mr. Leaf stated improper
construction or mining too close may result in slurry wall failure; however,the applicant is required
to remain 50 feet from the wall,and the Central Colorado Water Conservation District will be on site
to ensure mining is no closer than what is allowed in the Stability Study to protect their investment.
He stated Hall-Irwin has 22 miles of slurry wall and they have never had any failures. Responding
further to Commissioner Masden, Mr. Leaf stated the construction bond will remain until the wall is
certified by the State, and then there is a reclamation bond for the remainder of the project. He
further stated if the slurry wall fails once the water storage is in place the Central Colorado Water
Conservation District has funds set aside to remedy a failure.
Ms. Ortiz stated Hall-Irwin has committed to set hours of operation, they are relocating the
processing area 15 to 20 feet lower on the site and monitoring groundwater conditions, they are
working on truck safety, and shortening the length of the operation. She stated although she has
not had an opportunity to review the studies done by the neighborhood, she is confident that once
the applicant begins operating, it will likely become apparent that this will not be a detriment to
property values.
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Mr.Coan stated Mr. Loustalet was provided notice and his mineral reservations do not include sand
and gravel. He stated the sand and gravel resources transfer with the surface use. He stated
Hall-Irwin has provided areas for future exploration, if any need to occur. He further stated they
typically deal with oil and gas companies because the owners have leased their rights to the oil and
gas companies who have the expertise in ensuring appropriate accommodations are made.
In response to Commissioner Vaad, Ms.Ortiz stated the majority of product going into the asphalt
plant will be sand that is mined at the site,and the remaining 25 percent will be larger materials that
will either be mined at the site or trucked in. She clarified the batch plants will not likely go in right
away, the recycling plant will only operate one or two times per year,and they will stockpile waste
concrete and asphalt for crushing. She stated they want the landscaping business permitted so
they can commence if there is a demand for it. In response to Commissioner Geile, Ms. Ortiz gave
a brief description of the locations of six Hall-Irwin gravel pits located in Weld County. She stated
the slurry wall process has been used at the new sites and they are also starting to put in slurry
walls at some of the old sites.
Mr.Gregg added the gravel pits located in Windsor,Greeley,Milliken,and Brighton each have slurry
walls with functioning water storage. He stated Hall-Irwin has provided augmentation or
replacement of water for wells within 600 feet that have been negatively effected. He further stated
they did receive complaints of independent haulers using other routes from the gravel pit in
Firestone and they quit contracting with them. Mr. Gregg stated they work hard to address public
concerns and he feels the company has proven itself because there are no issues they have not
been able to resolve. He stated they manage traffic by providing regular notification to drivers,and
tracking the license plates of trucks to address complaints related to a particular driver. He further
stated the entire permit area will be used for water storage, and the fine-textured material to be
mined will be used in the asphalt operation, as well as distributed throughout the state for golf
courses, sports fields, bike paths, etcetera. Mr. Gregg explained the non-mining activities allow
them to utilize the materials and get through the mining process sooner. He stated the landscaping
sales activities include selling blended products, and landscaping products which will be back
hauled from other areas where they did a delivery. Responding to Commissioner Jerke, Mr. Gregg
stated local deliveries may require the use of East 18th Street; however,the majority of the traffic
will go to Highway 34 for an easier travel route. He stated,with the exception of emergencies,the
applicant is willing to only operate Monday through Friday,during daylight hours or from 7:00 a.m.
to 7:00 p.m.,whichever is most restrictive,on Saturdays from 7:00 am.to 12:00 p.m.,and be closed
on Sundays. He further stated they are willing to provide school bus pullouts and create a truck
safety program to benefit the children. Responding to Commissioner Vaad, Mr. Gregg stated the
course aggregate used in their operations will come in on trucks that already went out on a delivery
run. Responding to Commissioner Vaad,Mr.Carroll stated similar operations have berms ranging
from 25 to 30 feet high. Ms. Ortiz added the berms on this site will be spaced 100 feet apart to allow
for flood flows,and they will also be adding one more. Responding to Chair Pro-Tem Masden, Mr.
Gregg stated they are in the design stage of what needs to be changed for the traffic study to be
reviewed by the Department of Public Works,and they will address truck safety and bus stops. He
further stated all health and safety issues are a major concern for their employees, and they have
an aggressive program in place at all their sites which will be implemented at the start of operations.
Regarding the concerns of Mr. Brown,Commissioner Masden commented directing all of the traffic
to Highway 34 would address many of the neighbors'concerns. Mr. Gregg stated if 100 percent of
the traffic is directed south,they will need to review the road design to ensure it can accommodate
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the traffic flow. He further stated it would be beneficial to have some traffic allowed on Weld County
Road 58 going west to help reduce the impact to residents on Road 47.5.
In response to Commissioner Vaad, Mr. Ogle stated Development Standard #32 limits gravel
operations to daylight hours,and Development Standard#33 needs to be modified to indicate the
landscape sales will only be allowed Monday through Friday during daylight hours, and from 7:00
a.m. to 12:00 p.m. on Saturday. Responding further to Commissioner Vaad, Mr. Ogle stated
Development Standard #32 can be modified to indicate the gravel operations will be limited to
daylight hours, Monday through Saturday,with no operations on Sunday. Ms. Ortiz requested that
general maintenance and repair operations be allowed on Sundays. Commissioner Vaad
commented certain maintenance equipment is very noisy. Commissioner Geile commented the
applicant needs the flexibility to do maintenance as addressed in last sentence of Development
Standard #32. In response to Commissioner Jerke, Mr. Carroll stated the engineer's study
recommends reducing the speed on Weld County Road 47.5,and he also met with area residents
to discuss creating designated crossings, with appropriate signage, to accommodate the dairy
operations. He stated they also discussed speed bumps; however, those are typically only used
in subdivisions, and he submitted photographs, marked Exhibit Q. Mr. Carroll stated staff is
reviewing the appropriate locations for bus pullouts and turn arounds,Weld County Road 58 west
of the site is not anticipated for improvements, lighting will not be warranted on Weld County
Road 47.5 since the applicant will not be operating after dark, and staff is agreeable to requiring
rumble strips approaching intersections along the haul route. Commissioner Jerke stated he is
opposed to using speed bumps on County roads; however, the remaining traffic control options
seem acceptable. Commissioners Vaad and Masden concurred. In response to Commissioner
Geile, Ms. Ortiz stated they are willing to work with the Department of Public Works regarding the
transportation suggestions reviewed by Mr.Carroll,as well as having the requirements included in
the Conditions of Approval.
Commissioner Geile commented he feels the modified Conditions of Approval and Development
Standards will adequately address traffic issues along Weld County Roads 47.5 and 58, and he
feels the applicant needs some flexibility regarding which roads can be traveled. Commissioner
Vaad concurred because one of the applicant's competitors also uses this route. Commissioner
Masden proposed the primary haul route go to the south unless there is a specific job to the west.
Commissioner Geile stated it would be cumbersome for the applicant to make a special request for
each project located to the west. Mr. Morrison stated Commissioner Masden's suggestion would
not require formal review and approval by staff, rather,just notification of the occasional need to
travel west. Ms. Ortiz stated the applicant is also agreeable to reducing the percentage of truck
traffic allowed to travel west. In response to Commissioner Jerke, Ms. Ortiz stated the applicant
would contribute to necessary improvements on a proportional shared basis. Responding to
Commissioner Geile, Mr. Gregg stated if 100 percent of the traffic goes south on Weld County
Road 47.5, they would like to use the same paths as the competitors. He stated they would be
willing to enter into an improvements agreement which stipulates they are only responsible for their
proportional share based on a traffic count, since some of the transportation problems in the area
have existed for years. He reiterated the 500 truck count would only occur at full capacity with all
activities running at the same time during the peak hour of the peak season. He stated the likelihood
of that event is minimal;however,they want to ensure it is permitted to remain in compliance if they
reach that threshold. The Board concurred with the applicant's willingness to direct all of the traffic
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south on Weld county Road 47.5 to Highway 34, with the flexibility to provide services to specific
jobs to the west, with notification to Weld County.
In response to Chair Pro-Tern,Mr.Gregg stated they have reviewed and agree with the Conditions
of Approval and Development Standards,with the exception of being required to provide a septic
system and public water. He stated the application reflects a capacity of 56 employees when all
activities are operating; however, initially they will only have the mining operation with eight to ten
employees for a few months while the supply is being used. He requested that they be allowed to
use portable toilets and bottled water for the employees, and only be required to install a septic
system and provide public water when they start the retail and concrete operations. Ms. Davis
stated the Weld County Code requires public water and septic systems where people work, live,
or congregate. She stated Port-A-Potties are allowed on the temporary working face;however,this
application is for a 15-year mining life,so staff does not consider this a temporary use. In response
to Commissioner Jerke,Mr. Carroll stated the Weld County Geisert Pit has permanent facilities and
the remaining pits use Port-A-Potties and bottled water because the mining operations are
temporary. Commissioner Jerke commented based on the comparison with County mining
operations, he agrees with the applicant to require permanent facilities once the retail and
processing operations commence. Ms. Ortiz requested Condition of Approval#2.A.9 be deleted
because it is not warranted by the Traffic Study. Mr. Carroll stated since the applicant has
committed to using Weld County Road 47.5 south to Highway 34 as the primary haul route and
widening the entrance, he is agreeable to deleting Condition #2.A.9.
Mr. Ogle proposed Development Standard #48 be added to state, "The applicant shall provide
written evidence of an agreement between the Department of Public Works,the School District,the
neighborhoods of Weld County Roads 58 and 47.5, and Hall-Irwin concerning traffic regulatory
issues in the County right-of-way." Mr. Coan requested the language be modified to require the
applicant to make a reasonable attempt at acquiring an agreement. Mr. Carroll suggested the traffic
issues would be better addressed through the Improvements Agreement between the County and
the applicant,with no third party involved. In response to Commissioner Geile, Mr. Carroll stated
the language could be added to the end of Condition #2.J.
Ms. Davis stated Central Weld County Water District is in the area, which is an option for the
applicant. She stated every other facility of this nature has been required to provide septic and
public water. She proposed another option would be to use a vaulted system, which is more
permanent than Port-A-Potties.
Mr.Carroll stated Condition of Approval#2.J needs to be modified to reflect the correct percentages
on the haul route. In response to Commissioner Vaad, Ms. Davis stated a vault system would be
required to go through a permitting process to provide some monitoring and control. Pam Smith,
Department of Public Health and Environment,stated vault systems are generally used in situations
where there is no water available. She stated in this instance the applicant could pump the vault on
a regular schedule,and it would be simple to remove once the applicant is ready to mine that portion
of the site. She further stated a Development Standard could be added to require regular
maintenance. Responding further to Commissioner Vaad, Ms. Smith stated from a health
perspective,staff would prefer the applicant be required to provide running water for hand washing
and toilets to ensure the health, safety, and welfare of the employees and the public. Ms. Ortiz
reiterated the applicant is only requesting an exception to public water and septic systems while they
2003-3041
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HEARING CERTIFICATION - HALL-IRWIN CORPORATION (USR#1435)
PAGE 10
are operating with eight to ten people. She stated once the permanent operations commence for
the batch plant or the landscaping/sales yard they would be willing to install the systems requested
by the Health Department.
Mr. Ogle stated Condition of Approval#2.J should be modified to state, "The applicant shall enter
into a Road Maintenance and Improvements Agreementforthe designated haul route. The site plan
disbursal indicates that 100 percent of the traffic will travel east to Weld County Road 47.5 then
south to U.S. Highway 34 and disburse east and west. From this disbursement,the designated haul
route appears to be Weld County Road 58 east to Weld County Road 47.5 and then south to U.S.
Highway 34. The applicant shall provide written documentation of a change in the haul route for
traffic to the west on Weld County Road 58 to the Department of Public Works at least two weeks
prior to project operations." The board concurred with this language.
Commissioner Geile commented he appreciates the presentation of the applicant and the public
testimony which contributed to improving this application. He stated under Section 22-5-70 of the
Weld County Code the Board is obligated to recognize the right of the propertyownerfordeveloping
the mineral rights through the Use by Special Review process. He stated the applicant has
demonstrated compliance with Section 22-5-80.B(CM.Goal 2) because the applicant has shown
that this will be an orderly development and they have made a lot of effort to come to agreements
with property owners in the area. He further stated the applicant has also shown compliance with
Section 22-5-80.D.1.a(CM.Policy4.1.1)because there are numerous conditions which require the
applicant to address noise,dust,etcetera. He stated Sections 22-5-80.D.1.c(CM.Policy4.1.3)and
22-5-80.D.1.d (CM.Polidy 4.1.4) will be met through the Long-Term Road Maintenance
Improvements Agreement and the transportation plan as discussed and modified during this
hearing. Commissioner Geile stated the applicant has shown compliance with Section 22-5-
80.D.1.e(CM.Policy4.1.5)through the relocation and buffering of the processing site. He stated the
applicant has shown compliance with Section 22-5-80.D.1.h(CM.Policy4.1.8)by providing evidence
that they have already complied with, or completed, numerous federal and state regulations, and
they continue to work with the State Engineer's Office regarding the slurry wall process. He further
stated Section 22-5-80.E.1 (CM.Polidy 5.1)will be addressed through the Conditions of Approval and
various mining regulations through the Division of Minerals and Geology. He stated the applicant
has a reputation of resolving and mitigating issues that may come up.
Mr.Ogle requested the Board move Condition of Approval#3.E to a new heading titled"Prior to the
Building of any Structure" and modify the language to state, "Prior to installation of the concrete
and/or asphalt batch plants and/or landscape materials operation,an individual sewage disposal
system is required for the proposed office and shall be installed according to the Weld County
Individual Sewage Disposal System (I.S.D.S.) Regulations. The septic system is required to be
designed by a Colorado registered professional engineer according to the Weld County I.S.D.S.
Regulations. The installation of the septic system shall comply with the Weld County I.S.D.S.
Floodplain Policy."
Commissioner Vaad concurred with Commissioner Geile's findings, and he stated the intent of
Section 34-1-305,C.R.S.,is to preserve the ability to harvest the materials for the health,safety,and
welfare of the public. However, he realizes there is the potential of an adverse impact on the
residents in the area. He stated he feels a distance of 1,000 feet,ten-foot berms,and relocating the
operations to the northwest portion of the site will all provide significant buffers. He further stated
2003-3041
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HEARING CERTIFICATION - HALL-IRWIN CORPORATION (USR#1435)
PAGE 11
the processing use will be market driven and there are more provisions in the event those activities
commence.
Commissioner Jerke concurred and stated the applicant has done a good job mitigating issues and
improving the application. He stated the applicant does have a good track record,and although this
is good agricultural ground, an additional 3,000-acre-foot storage vessel will benefit agriculture
elsewhere in Weld County and the rest of Colorado.
Commissioner Masden concurred and thanked the public for their input, which has resulted in a
better application and permit. He thanked the staff for working with the public and for the future
followup to ensure the project is done right. Lastly, he thanked the applicant for working with the
public and being open to suggestions and proposed changes.
Commissioner Geile moved to approve the request of Hall-Irwin Corporation for a Site Specific
Development Plan and Use by Special Review Permit#1435 for Mineral Resource Development
Facilities,including Open Pit Mining and Materials Processing,a Concrete and Asphalt Batch Plant,
a Concrete Recycling Facility,and a Materials Sales Yard 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
Condition#2.A.9,#2.B,#2.C,#2.E,#2.F,#3.B,#3.G,#3.H,and amending Condition#2.J to state,
'The applicant shall enter into a Road Maintenance and Improvements Agreement for the designated
haul route. The site plan disbursal indicates that 100 percent of the traffic will travel east to Weld
County Road 47.5 then south to U.S. Highway 34 and disburse east and west. From this
disbursement,the designated haul route appears to be Weld County Road 58 east to Weld County
Road 47.5 and then south to U.S. Highway 34. The applicant shall provide written documentation
of a change in the haul route for traffic to the west on Weld County Road 58 to the Department of
Public Works at least two weeks prior to project operations." Commissioner Geile also moved to
move Condition#3.E to a new heading titled"Prior to the Building of any Structure"and modify the
language to state,"Prior to installation of the concrete and/or asphalt batch plants and/or landscape
materials operation,an individual sewage disposal system is required for the proposed office and
shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.)
Regulations. The septic system is required to be designed by a Colorado registered professional
engineer according to the Weld County I.S.D.S. Regulations.The installation of the septic system
shall comply with the Weld County I.S.D.S. Floodplain Policy." (Clerk's Note: Condition#2.D was
also moved under the new heading and modified for consistency with the discussion.) His motion
also included amending Development Standards #32 and #33 regarding the hours and days of
operation and renumbering or relettering as appropriate. The motion was seconded by
Commissioner Vaad, and it carried unanimously. There being no further discussion, the hearing
was completed at 4:00 p.m.
2003-3041
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HEARING CERTIFICATION - HALL-IRWIN CORPORATION (USR #1435)
PAGE 12
This Certification was approved on the 24th day of November 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: geld EXCUSED
David E. Long, Chair
Weld County Clerk to me t• ,?O � �.
� � �� EXCUSED D TE OF APPROVAL
au�
Robert D. asden, Pro-Tern
`
Deputy Clerk to the QL(j/
M. J. eile
TAPE #2003-44 and #2003-45
William H. Jerke
DOCKET#2003-82 EXCUSED DATE OF APPROVAL
Glenn Vaad
2003-3041
PL1691
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1435 - HALL-IRWIN CORPORATION
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 09/02/2003)
D. Clerk to the Board Notice of Hearing
E. Applicant Response to Conditions of Approval and 3
oversized maps (09/10/2003)
F. Applicant Letter re: Oil and Gas Issues associated
with Nissen Farm Resource (10/07/2003)
G. Applicant Letter (11/13/03), Waste Handling Plan,
Dust Plan, DMG Letter (8/22/03), Mining
Operations, Discharge Application
H. Planning Staff Photo of sign posting
I. Planning Staff Memo re: Proposed Changes to Conditions
of Approval (11/19/2003)
J. Public Works Staff Draft Long-Term Road Maintenance and
Improvements Agreement
K. Planning Staff Exhibit C - Mining Plan Map referred to by
Applicant during presentation
L. Forrest Leaf Four overhead transparencies
M. Brent Coan Oversized Plat Map with highlighted Oil and
Gas envelopes
N. Brent Coan Oversized Plat Map with highlighted Oil and
Gas access routes
O. Donna Stevenson Six Photo overhead transparencies
P. Rick Brown Oversized Plat Map showing surrounding
homes, roads, and permit boundary :jcz„/<.✓ 3-zeta/0
Q. Public Works Staff Two photos of speed bumps
R. Applicant Five Oversized Maps - Mining Extraction
Plan (color), Reclamation Plan (color),
Existing Conditions (11/13/03),
Mining/Extraction Plan (11/13/03), and
Reclamation Plan (11/13/03)
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF NOVEMBER, 2003:
DOCKET#2003-86 - PERMAGREEN PRODUCTS COMPANY, C/O ROXY VENDENA
DOCKET#2003-82 - HALL-IRWIN CORPORATION
DOCKET#2003-80,- FARFRUMWURKIN, LLLP, C/O JON FILE
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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