HomeMy WebLinkAbout20032461.tiff HEARING CERTIFICATION
DOCKET NO. 2003-68
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1394
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY (DRY OPEN PIT MINING
FOR SAND AND GRAVEL) IN THE A(AGRICULTURAL)ZONE DISTRICT-NORTHERN
COLORADO CONSTRUCTORS INC
A public hearing was conducted on September 24,2003,at 10:00 a.m.,with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 5, 2003, and duly published
September 11, 2003, in the South Weld Sun, a public hearing was conducted to consider the
request of Northern Colorado Constructors, Inc for a Site Specific Development Plan and Use by
Special Review Permit#1394 for a Mineral Resource Development Facility(Dry Open Pit Mining
for Sand and Gravel)in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney,
made this a matter of record. John Zadel, applicant, stated he will proceed with four
Commissioners present. 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. Mr. Gathman reviewed the surrounding property uses and stated the
proposed site is dry, unproductive ground with prairie dog boroughs, a draw running through the
property from the southwest to the northeast,and a wetland area at the eastern end of the property
in an area designated not to be mined. Mr. Gathman stated 19 referral agencies reviewed this
proposal, 11 of which responded favorably or included concerns that have been addressed through
Conditions of Approval or Development Standards. He stated the Division of Wildlife requested a
detailed reclamation plan map; however,subsequent conversations with that office indicated the
applicant has addressed the concerns of the Division. Mr.Gathman stated Mike Grubb,City of Fort
Lupton, indicated the City has no substantial concerns with this case, and the Army Corps of
Engineers stated a 404 Permit will not be required for this activity. Mr. Gathman stated he spoke
to Jerry Westbrooke, Northern Colorado Conservancy District,who indicated a meeting has been
scheduled next week with the applicant to discuss issues and reach agreement regarding the Sand
Hill Reservoir outlet ditch at the southern portion of the property and a 200 foot setback. Mr.
Gathman spoke with Jason Lily, KP Kaufman Company,who indicated there is an existing gas line
running across the property that will cross the proposed gravel pits as shown on the plans,which
requires relocation of the gas line or modification of the gravel pits. Mr. Lily stated he would be
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present at this hearing. Mr. Gathman stated the applicant has provided a well monitoring plan
(Exhibit J)in response to concerns raised at the Planning Commission hearing by nearby residents
in regards to water levels of wells. Questions from the Board regarding the depth of the monitoring
wells, and use of property after reclamation were deferred by staff to the applicant.
Responding to Commissioner Masden, Trevor Jiricek, Department of Public Health and
Environment,stated the applicant will need to apply for an emissions permit with the State,as well
as applying to Weld County for a local emissions control plan, therefore they will have two dust
control plans. Although very similar,one plan can be enforced locally through this Board,the other
can be enforced on a State level. Mr. Jiricek further responded that the noise standard at an
industrial level is assigned to this site,and Development Standard#28 was added by the Planning
Commission to address concerns with operational lights.
Don Carroll, Department of Public Works,stated Weld County Road 25 is a local paved road with
daily traffic counts of approximately 200 vehicles, and Weld County Road 18 is a collector status
road,with counts of approximately 355 vehicles. He stated Weld County has two permitted gravel
operations just north of the site,and there are two pending applications the Board has not yet seen
in the nearby area. Mr. Carroll stated staff has requested a long term maintenance agreement for
the designated haul route which is from the entrance onto Weld County Road 25, traveling south
to Weld County Road 18, then ten percent of the trucks traveling west for local deliveries and
90 percent traveling east to Highway 85. Three inches of additional overly is requested from the
pit entrance south to Weld County road 18 to accommodate additional heavy hauling from the pit
area, and is included in Condition of Approval #1.N. Mr. Carroll stated the submitted traffic plan
indicates an average of 60 trucks per day, or 120 round trips from the facility. Mr. Carroll also
requested paving of the access point, including access to the scale house,to stop the vehicles from
dragging aggregate or materials onto Weld County Roads,and help with dust control. Responding
to Commissioner Geile, regarding the amount of traffic and future plans for Weld County Road 18,
Mr. Carroll stated the Highway 85 Access Plan includes this as a right-in, right-out configuration
requested by the Colorado Department of Transportation(CDOT). Responding to further questions,
Mr.Gathman reviewed the CDOT recommendation regarding the left turn deceleration lane;the right
turn deceleration lane; right turn acceleration lane; and that a free right condition should be
considered for trucks on Weld County Road 18 traveling westbound to southbound State Highway
85. He verified the applicant is not being required to make the stated improvements, and Mr.
Gathman stated Condition of Approval 1.O requires the applicant to address the recommendations
of CDOT and provide written evidence to the Department of Planning Services. Responding to
Commissioner Masden regarding cost sharing for future improvements with other pits in the area,
Mr. Carroll stated L. G. Everist is the first pit that came into the area,and these improvements were
made by them. CDOT is asking for verification of the length of the lanes,and if not correct,theywill
be adjusted. Mr. Carroll stated staff would like to regroup and look at the entire area to see what can
be done as a shared improvement, instead of doing it on a single application basis.
John Zadel,applicant,stated he received a letter from the Army Corps of Engineers stating the land
is nonjurisdictional. He stated this is a family operation that will soon be the Zadel Family LLP,since
he has three sons who want to be included. Mr. Zadel said the intent is to meet any County
requirements regarding traffic,and theywill assist and verify the parameters on Highway85 are met.
He stated the concerns of the existing landowners in the area regarding wells led them to look at the
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hydrology based on similar soil conditions in other areas where there have been domestic wells.
They have looked at the hydrolic curves and the highest concentration of wells to this site is directly
to the south; therefore, a 200 foot setback from the ditch, should ensure no affect to the wells.
However, the monitoring process will allow him to ensure no effect is incured. Responding to
Commissioner Geile, Mr.Zadel stated the intent is to line the ponds, and indicated soil tests have
indicated the conditions warrant use of clays, and soils to use for lining the ponds. He stated they
have contacted various entities who may have an interest in water storage,although he has been
involved with Weld County water for a number of years, and he would like to see it stay in Weld
County. Mr. Zadel stated he has had conversations with Central Colorado Water Conservancy
District, however,he is finding others pay more but it is important that it remain here. Responding
to Commissioner Masden, Mr. Zadel stated the monitoring wells were drilled at the 40 foot level,
because soil conditions indicated that is the water level. The property just north has a well that is
only about 15 feet deep, and monitoring of that well will be done. Mr. Zadel stated he has been
discussing the possibility of running a gravel operation with the adjacent property owner to the north.
Responding to Commissioner Jerke,Mr.Zadel stated he is not aware of irrigation wells between the
property and the river; however, there must be some since the water district does not have
infrastructure at this location.He stated this is a dry operation which requires dewatering;however,
the mining is split into phases so smaller amounts will be required at one time and it can be based
on the curve recommended by the engineer.
Dustin Flanagan, surrounding property owner, stated he is opposed to this application and
expressed his concerns regarding the overall plans for the neighborhood with so many industrial
concerns in the immediate area. He expressed his biggest concern of safety for children getting
on and off the school bus,and stated many surrounding property owners are at a State hearing on
another property in the area. Mr. Flanagan stated independent truckers are hard to control,and he
requested a delay or moratorium on further development until the traffic problems can be
addressed. He stated there are already three existing gravel pits,access to Highway 85 is difficult
and dangerous, a traffic light is needed, and Weld County Road 18 has a very sharp "S" turn
causing other traffic concerns. Responding to Commissioner Geile, Mr. Flanagan stated he lives
in the Lupton Meadows Subdivision,which was subdivided in the early 1900's. He stated there are
15 or 20 residences on both sides of Weld County Road 25, which is not paved, and this will add
significant dust problems. Responding to Commissioner Masden, Mr. Flanagan stated there are
at least four families with children getting on buses; however, there are additional residences on
Weld County Road 18. Responding to Commissioner Masden, Mr. Carroll stated a central
collection point or turnout has not been done in the past unless it is in conjunction with a Minor
Subdivision. Commissioner Masden stated with a potential of 500 truck trips per day,the safety of
children must have priority.
Brad Windell, surrounding property owner, stated he owns 250 acres in the area for farming. He
stated he purchased the old homestead which was built in 1886; there are currently two gravel
mines in the area being operated by Weld County; neighbors are currently attending a state level
meeting in opposition to another gravel mine in the area;and L. G. Everist,who currently operates
a 250-acre site,is requesting more acres. Mr.Windell stated an upcoming proposal by L.G. Everist
will produce 150 trucks per day,and another proposal is for approximately 300 trucks. Mr.Windell
stated all the neighbors in the area are opposed to this application and they hope for a moratorium
to be placed on gravel mining, to allow the County to review the impact of the effect of all the
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applications together. He stated L. G. Everist currently has trucks traveling down Weld County
Road 25,although that is not the designated haul route. Mr.Windell reiterated Lupton Meadows is
the oldest subdivision in the State of Colorado,and agreed with Mr. Flanagan's concerns regarding
safety,and entry of traffic onto Highway 85. He also stated concern regarding entry of this pit onto
Weld County Road 25, and asked for consideration to the impact of mining on the 100-year
floodplain. He stated the Reclamation Plan provides no habitat,and there will be no wildlife after the
completion of mining, as well as no vegetation. He discussed concerns regarding diminishing
property values in the area, the historical nature of the area and the affect of mining on a
neighborhood of this type. If approved, Mr. Windell stated the Development Standards need to
ensure reclamation of the gravel mines to make them a natural amenity instead of a dust bowl.
Responding to CommissionerJerke regarding the size of lots, Mr.Windell stated Vollmar has many
smaller lots,and Mr.Morrison stated Lupton Meadows exceeded 35 acres when subdivided,since
they were intended as farm lots.
Jason Lily, KP Kaufman Company, stated they own two shallow wells, and share them with
Kerr/McGee,who has the deep right. He stated he sent a letter of opposition, and since then Mr.
Zadel and his attorney have executed a Surface Use Agreement. Mr.Lily stated the plat should be
included as ExhibitA to the Surface Use Agreement,and stated there is a flow line running through
the property,which will effect phases 5 and 7. He also stated the flow line needs to be included on
the final plat,unless he is going to relocate it. Responding to Commissioner Masden,Mr. Lily stated
KP Kaufman Company can move ten feet and drill again, and there is sufficient room for them to
operate.
William Gee,surrounding property owner,stated he purchased his property in 1962 and he is now
a retired farmer. He stated his concerns are the same as have been addressed by the previous
speakers,and this was strictly an agricultural area when he moved into his home. He is now across
the fence from the Koenig gravel pit, and across the road from the other County pit,therefore, he
does not want to see more pits in the area. He also would like to see a moratorium or a phasing of
mining for the different pits, to ensure they are not all in operation at the same time,which would
ease many traffic concerns. Mr. Gee discussed the difficulties of ensuring truckers drive only on
designated haul routes,and stated there is also a tree farm right across the road from the pit,which
does generate some traffic. He said there are truck farms in the area, and the bridge on Weld
County Road 25 near 18 has not been updated, therefore, it is very narrow and semi's turning
northbound leave no room for southbound traffic. Mr. Gee also discussed the"S"curve,mosquito
control,weed control, and questioned whether these hearings were adequately posted. Mr. Gee
asked whether the applicant plans to discharge water into the Sand Lake Canal,and stated they will
need permission from the U. S. Bureau of Reclamation. He indicated concerns regarding
maintenance of the dry creek bed,stating in 1965 the flood caused water approximately 33 inches
deep in this area,and they were marooned for three days. Mr. Gee questioned the installation of a
large culvert in front of the scales; however, he was not allowed to install one in front of his house.
Mr. Gee stated the oil and gas wells on the property only add to the traffic, and there are several
homes valued at over $400,000, which will decrease in property value. He stated the wetland
nursery has been constructed over the last several years,and it adds to the overall traffic problems.
Mr. Gee stated he agree with the other concerns mentioned, and he is very much opposed to this
application.
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Mr. Zadel rebutted the testimony given,stating he has applied for and received a discharge permit
and the waters which will be pumped will be in accordance with the permit. He stated no water has
been pumped to date. Mr.Zadel stated the traffic situation has been left up to County requirements,
and they are willing to pay their share based on a traffic or engineering report. He stated there were
some problems with Canadian Thistle,and a professional application was received which solved
the problem. Mr.Zadel stated the final plat will realign the phases or ponds of the project so as not
to interfere with the flow line that is there. He stated it will be in the berm, in accordance with the
Surface Use Agreement. He also stated the County requires erosion control, and they will plant
grass and other vegetation where required.
Mr. Gathman stated one of the conditions required prior to scheduling this hearing was that the
applicant submit an agreement with the Sand Hill Reservoir Outlet Ditch, through the Northern
Colorado Water Conservancy District,stipulating that all concerns of the ditch company have been
adequately addressed,or submit evidence that reasonable accommodations have been made. He
stated there has been discussion between the applicant and Sand Hill Reservoir and another
meeting will occur later; however,this should be added as a Condition prior to recording the plat.
Responding to Commissioner Geile, Mr. Carroll reiterated the haul route is from the entrance onto
Weld County Road 25,then south to Weld County Road 18. He also stated the daily traffic counts
are 350 on Weld County Road 18 and 200 on Weld County Road 25. Mr. Carroll stated Bridge
#18/25 is not a restricted bridge,although it is narrow;and a truck traveling the speed limit can stay
in its lane on the "S" curve between the Platte River and Highway 85. Mr. Carroll stated the
residential and commercial culvert standards are different. After further discussion, staff was
directed to further study the transportation needs in this area, and to look at possible school bus
turnouts, a traffic light at Highway 85, and possibly widening the narrow bridge.
Mr.Gathman requested the addition of Condition of Approval#1.Q,with subsequent renumbering,
to state, "The applicant shall submit a copy of an agreement with the Sand Hill Reservoir Outlet
Ditch,whose irrigation ditch runs along the northeast corner of the site,stipulating that all concerns
of the ditch company have been adequately addressed, or submit evidence that reasonable
accommodations have been made." Commission Jerke said he will not agree to give veto power
to a third party, so the language should state the applicant shall make every reasonable
accommodation to address the concerns;however,Mr. Morrison stated the language as proposed
by staff allows the applicant to either have an agreement or submit evidence they have adequately
accommodated the District, which is judged by the County and is, therefore, okay.
Responding to Commissioner Masden, Mr.Carroll stated the curve on Weld County Road 18 is not
a problem if traveling at the speed limit, and it can be further discussed with the other needs in the
area. Mr. Morrison cautioned the Board that requiring the applicant to contribute to road
improvements cannot be done after approval of this permit, and that staff needs to be given any
direction of what to include in the Improvements Agreement, including other costs such as dust
control and access in and out of the facility. He further stated if the Board wants the cost of specific
projects to be shared by the applicant,they need to include those items to#1.N,although the Board
will have another opportunity to review the agreement prior to execution. Commissioner Masden
requested the addition of sharing the cost of widening the bridge on Weld County Road 18 and 25,
and school bus turnouts, as well as the bridge on Weld County Road 18 just west of Highway 85.
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Commissioner Geile stated his concern is that the safety issues like the bridge, school collection
points,and curves,are not caused by this applicant, and Commissioner Jerke stated he does not
mind them being included in direction to staff, as long as the cost is proportionally shared.
Mr. Morrison clarified for Mr. Zadel that language will be added to include specific items to be
considered in the improvements agreement,including alignment of the road,bridge widening,school
bus turnouts,and safety configuration of the entire route,and that it would only require the applicant
be required to submit a proportionate share based on traffic being generated by the operation. Mr.
Morrison stated as time goes on and infrastructure is completed,the applicant would proportionately
share the cost. Mr.Zadel stated he agrees with that,as well as the other Conditions of Approval and
Development Standards.
Commissioner Geile stated he finds the application to be in compliance with the Comprehensive
Plan, as required in Section 22.5.70, regarding mineral resources, and stated the Code has to be
in conformance with State statutes. He stated the mineral resources known to be located in Weld
County include sand and gravel, and the Board cannot arbitrarily decide not to allow mining of
minerals; however, the Board can consider the impacts associated with the mining and add
Conditions of Approval and Development Standards to mitigate the impacts. Commissioner Geile
stated this application shows the environmental impacts have been minimized and adverse impacts
on people in the area have been minimized,because the issues with water have been dealt with and
traffic is an issue regardless of the decision made regarding this application. He feels that by adding
the language to#1.N requiring specifics being added to the improvements agreement,the Board
is dealing with the safety configuration issues in the area. He also stated the concerns of CDOT
have been addressed.
Commissioner Jerke stated he has reached similar conclusions,and added that the Board is very
clearly charged by statute not to waste resources of sand and gravel,and oil and gas in the State.
He stated they are key resources,and the Board needs to keep extraction business up and running
in Weld County. Obviously, nature put those minerals near rivers, which are the same places
people desire to settle. Therefore,the Board can only seek to mitigate situations and concerns of
property owners, which have been mentioned by Commissioner Geile. In a few years, with the
multiple applicants to assist in proportional cost sharing for improvements and infrastructures,the
neighborhood can end up with a better transportation system than what was there previously.
CommissionerJerke also stated water storage is very important to the area and State,and the key
is to build storage facilities for multiple uses. He feels this is an asset which will not only be mined,
but will be developed in the proper way, therefore, he is strongly in favor of application.
Commissioner Masden stated he agrees with Commissioners Geile and Jerke, and mitigation of
industrial related problems is an important determination by this Board. He stated the Conditions
of Approval and Development Standards, as amended, do mitigate those concerns, and he is in
favor of the application.
Chair Long stated he also concurs with the comments made,and feels the Conditions of Approval
will maintain the health,safety and welfare of the citizens of Weld County,which is why the Board
included the proportionate share of costs for future roads, and infrastructure in the area.
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HEARING CERTIFICATION - NORTHERN COLORADO CONSTRUCTORS INC (USR #1394)
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Commissioner Geile,in accordance with Section 22.5.70 and 22.5.80.A thru E,moved to approve
the request of Northern Colorado Constructors, Inc.,fora Site Specific Development Plan and Use
by Special Review Permit#1394 fora Mineral Resource Development Facility(Dry Open Pit Mining
for Sand and Gravel) 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 amended. The motion was seconded by Commissioner Jerke, and it carried
unanimously. There being no further discussion, the hearing was completed at 12:30 p.m.
This Certification was approved on the 24th day of September 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLO DO
ATTEST: /ash'//v
D vid . Lo , Chair
Weld . my Clerk to the B.:rd
Ro ert D sden, Pro-Tem
Y.
the Board —
o;;,,o M. J. Geile
William H. Jerke
DOCKET#2003-68 EXCUSED
Glenn Vaad
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1394 - NORTHERN COLORADO CONSTRUCTORS INC., C/O KEN ROLLIN
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 12/03/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Letter from Stephen Rarkie re: lateral ditch
(8/21/03)
F. KP Kauffman Company, Inc. Letter of opposition (9/18/03)
G. Rollin Consulting Letter re: Sand Hill Reservoir Ditch
(7/17/03)
H. KP Kauffman Company, Inc. Surface Use Agreement (9/22/03)
Planning Staff Posting, 2 pictures, 1 affidavit
J. Planning staff Well Monitoring Plan
K.
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M.
N.
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P.
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R.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 24TH DAY OF SEPTEMBER, 2003:
DOCKET#2001-66 -TIMOTHY AND LISA BROUGH
DOCKET#2001-68 - NORTHERN COLORADO CONSTRUCTORS, INC.
PLEASE legibly write or print your name and complete address and the
DOCKET# (as listed above) or the name of the applicant of the hearing you are attending.
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