HomeMy WebLinkAbout20033272.tiff HEARING CERTIFICATION
DOCKET NO. 2003-89
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1436
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OPEN PIT
MINING AND MATERIALS PROCESSING, AND A CONCRETE AND ASPHALT BATCH
PLANT IN THE A (AGRICULTURAL) ZONE DISTRICT - PREMIER PAVING, INC., CIO
RUSS OTTERSTEIN
A public hearing was conducted on December 17,2003,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
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 November26,2003,and duly published December4,
2003, in the South Weld Sun, a public hearing was conducted to consider the request of Premier
Paving, Inc.,c/o Russ Otterstein,fora Site Specific Development Plan and Use by Special Review
Permit#1436 for Mineral Resource Development Facilities,including Open Pit Mining and Materials
Processing, and a Concrete and Asphalt Batch Plant in the A (Agricultural) 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, entered the unfavorable
recommendation of the Planning Commission into the record as written,and gave a brief description
of the location of the site and surrounding uses. He stated the property is outside of the
Intergovernmental Agreement(IGA)boundary for the City of Fort Lupton; however, it is within the
three-mile referral area. He stated the 112-acre parcel has historically been planted in corn;
however, under this proposal, 89 acres will be dry-pit mined in three phases for 20 years, and will
then be used for raw water storage reservoirs,and the two existing residences will be converted into
office space. Mr. Ogle stated the operation will have 25 employees who will work one shift Monday
through Friday, a conveyor system will be used to move material to the processing area, the
reclamation will conform to a Colorado Division of Minerals and Geology MLRB Permit, and the
impacts to wildlife will be minimized during mining. He stated all traffic will enter the site from Weld
County Road 8;northbound traffic will exit left on Road 8 to 1-25;and southbound traffic will exit right
onto Weld County Road 27,and turn right on Weld County Road 6 to the traffic signal at 1-25. He
further stated noise levels will be required to comply with Department of Public Health and
Environment regulations. Mr.Ogle stated 15 referral agencies reviewed this proposal, 12 responded
with comments that have been incorporated into the Conditions of Approval and Development
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Standards, and three did not respond. He stated letters of support, concern and opposition have
been received from surrounding property owners, and the applicant has provided evidence of a
permit from the Division of Minerals and Geology. He further stated the Department of Public Health
and Environment referral response indicates the two existing residences need permitted septic
systems;the City of Fort Lupton has submitted a Resolution recommending denial of this proposal;
and the memorandum from Staff,marked Exhibit FF,cites the changes that were discussed by the
Planning Commission but were not incorporated into the Resolution recommending denial,which
he reviewed for the record.
In response to Chair Long, Mr. Ogle stated the described haul route was reviewed by the Planning
Commission. He further stated this is irrigated land which is defined as prime farmground.
Responding to Commissioner Geile, Mr. Ogle stated the applicant will use a slurry wall to create
three storage reservoirs, and the slurry wall must be in place before mining commences.
Char Davis, Department of Public Health and Environment, stated she has no comments at this
time.
Donald Carroll, Department of Public Works, submitted a draft road improvements agreement,
highlighted Road Index Map,and four vicinity maps, marked Exhibits HH, II,and JJ, respectively.
He stated all vehicles will access the site from Weld County Road 8, and the Colorado Division of
Transportation(CDOT)would like to increase the length of the acceleration and deceleration lanes.
He further stated southbound traffic leaving the site will use the light at U.S. Highway 85 and Weld
County Road 6,and there is an existing left turn slot for trucks merging onto U.S. Highway 85. Mr.
Carroll stated the applicant will be required to pave 300 feet from the main access into the site to
reduce dust and prevent tracking material onto Weld County Road 8. Staff is also requesting 300
feet of paving,acceleration and deceleration lanes,and wider shoulders for the access onto Weld
County Road 27. He stated the applicant will also have to accommodate for the structure owned
by the Fulton Ditch Company at the southeast corner of the site,three inches of new asphalt paving
and gravel shoulders on Weld County Road 8,and two inches of overlay on Weld County Road 6.
He explained Weld County Road 27 is an old state highway that was built very well,so no additional
improvements will be required. Mr. Carroll stated the applicant is being requested to dedicate 40
feet of right-of-way from the centerline of Weld County Road 8,and 65 feet of right-of-way from the
centerline of Weld County Road 27. He stated the Long-Term Improvements Agreement will stay
with the property and commit the applicant to improvements and maintenance along the haul route,
and he indicated which roads are County maintained. In response to Commissioner Geile, Mr.
Carroll stated Weld County Roads 6 and 8 are on the Safety Improvements List due to tight
intersections,poor alignment and sight distances,irrigation crossing problems,and a high accident
rate;however,the work has no been done. Commissioner Masden commented there are significant
alignment problems and the ditch crossings are very narrow. Mr. Carroll stated the applicant will
be required to construct a right turn lane and redo the concrete structure at the intersection of Weld
County Roads 6 and 27. He stated similar problems exist at Weld County Road 8; however, that
intersection is not part of the haul route. He further stated the Traffic Study did not warrant
ingress/egress lanes at the entrance onto Weld County Road 8,but staff will require an acceleration
lane going south on Weld County Road 27. Responding to Commissioner Jerke, Mr.Carroll stated
Weld County Road 8 is paved and needs three inches of overlay to accommodate the heavy truck
hauling,and the applicant will also be responsible for shoulder widening and paved turn lanes. He
stated the left turn lane on U.S. Highway to Weld County Road 8 will be lengthened for trucks
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returning from the north that have to wait and cross traffic. In response to Commissioner Geile, Mr.
Carroll stated the design is based on the application which indicates 85 trucks; however, he is
uncertain whether other contract trucks will be coming to the site. Responding to Commissioner
Masden, Mr. Carroll stated the operation will generate 85 trips both ways,20 percent will go north,
and 80 percent will go south. Commissioner Masden suggested that trucks coming back from the
north should be routed to the traffic light at Weld County Road 6 to cross traffic and then enter the
site from Weld County Road 27. CommissionerJerke commented there will be breaks in the traffic
on U.S. Highway 85 since the light is only one mile south,so trucks should be able to cross at Weld
County Road 8. Mr.Carroll stated the average daily traffic count in 1996 was 1,781 on Weld County
Road 27,and 1,137 on Weld County Road 8;and in 1998 there were 210 vehicles on Weld County
Road 6. Responding to Commissioner Masden, Mr. Carroll stated he has heard estimates of
approximately 20,000 daily trips on U.S. Highway 85.
In response to Chair Long, Paul Banks of Banks and Gesso, LLC, represented the applicant and
stated they are not opposed to delaying their presentation so the Board can take testimony from the
members of the public who will not be able to return after lunch.
Floyd Acre,surrounding property owner,submitted photographs of the surrounding area,a letter of
opposition,and a"Size Matters"packet, marked Exhibits KK, LL,and MM,respectively. He stated
a similar application was proposed 900 feet from the current proposal and it was denied based on
issues of incompatibility. He stated it is unlikely the number of truck trips and hours of operation will
be monitored,and he is concerned for the safety of the traveling public,including school buses,farm
trucks,and oil trucks,using Weld County Road 27. Mr.Acre reviewed Exhibit MM for the record and
stated issues regarding dust,noise,odors,traffic,dumping,safety regulations,and water problems
still need to be addressed. He stated many trucks currently using Weld County Road 27 do not
cover their loads or follow posted speed limits. Mr.Acre expressed concern with mining activities
that may disturb a nearby landfill. He stated mining is unsightly, the trucks create pollution, and
there are safety problems on Weld County Roads 6 and 8. He also expressed concern that the site
may not be reclaimed appropriately.
With the assistance of an interpreter, Andrea Perez, surrounding property owner, expressed
concern with the bus pickup area. She stated many drivers are not courteous which results in
accidents. In response to Chair Long,Ms.Perez stated the bus picks up children at the intersection
of Weld County Road 6 and U.S.Highway 85. Chair Long stated those questions will be answered
by the applicant in relation to the Traffic Plan. Ms. Perez also noted that she did not receive
notification of this proposal. Mr. Carroll stated the Improvements Agreement can require the
applicant to work with the appropriate School District to determine a remedy.
Gene Watada,surrounding property owner, submitted a diagram of wide turns and traffic counts,
marked Exhibit NN. He stated he has lived at the intersection of Weld County Road 8 and
U.S. Highway 85 for 27 years, and he has witnessed numerous accidents. He stated the added
cost of widening and lengthening the acceleration lane will not change the fact that it is difficult to
see because the highway curves. Mr.Watada reviewed the traffic counts for the record,and stated
the County does not maintain Weld County Road 8 very often. He stated this area does not need
another gravel mine, and he expressed concern with the safety of school children who are
transported by bus and private cars. He stated Weld County Road 27 is narrow and the proposed
turn lanes will conflict with the Fulton Ditch structures and utility poles. He questioned whether
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trucks will be washed to eliminate rocks that damage vehicles resulting in insurance claims and
higher rates. Mr.Watada stated it is unlikely that contract truckers will follow the safety rules,and
he expressed concern that if the property is sold,the site may not be reclaimed appropriately. He
stated there are too many pits in southern Weld County, and his information was provided by
CDOT.
Louis Chapman stated he lives five miles east of the proposed gravel mine. He stated he has
worked with the applicant for many years,and they own other sites that are verywell maintained and
nice to view. He stated this property could be proposed for other uses that could generate even
more traffic.
Casey Jones stated he lives less than two miles from the proposed site, he uses the intersections
being proposed as part of the haul route,and the traffic signal at Weld County Road 6 is a significant
improvement. He stated this applicant is being required to make the same improvements and
maintenance accommodations as other existing mining operations in the area, and he is in favor
of creating water storage rather than more homes. Mr. Jones stated the area is also monitored by
Adams County and state agencies,which will help ensure the applicant remains in compliance. In
response to Commissioner Jerke, Mr. Jones stated he has worked with most of the aggregate
companies in the area.
Jeff Record stated he has lived in this area for25 years,and in Weld County for 40 years. He stated
he has known the applicant for many years, and aggregate is necessary for many projects. He
stated the applicant is currently purchasing aggregate from its competitors,so it will be much more
cost effective to mine the materials on its own site. He stated many of the improvements in the
Town of Fort Lupton required aggregate materials.
Summer Everson,surrounding property owner,thanked the Board for considering the traffic issues.
She stated this will be a dry pit and she wants to know how the water on the South Platte River will
be protected. She stated Weld County Road 6 may be able to handle the proposed traffic;however,
there are many others who use Road 6 that will be impacted, and additional traffic may be added
in the future. Ms. Everson stated a continuous row of gravel pits is not compatible with the area.
Adam Mack represented Hall-Irwin Construction and stated the applicant is proposing to use slurry
walls. He stated a well designed and constructed slurry wall can mitigate any adverse effects.
Chair Long recessed the hearing until 1:30 p.m. Upon reconvening,Mr.Banks stated the applicant's
presentation is one hour long and he introduced the various speakers.
Russ Otterstein,owner of Premier Paving,stated he started his business seven years ago, but he
has to buy aggregate materials from his competitors. He stated this is a good location because the
gravel is deep, and it is close to U.S. Highway 85 and the market.
Maureen Jacoby,Banks and Gesso,LLC,represented the applicant and gave a brief description of
the surrounding uses and homes. She displayed photographs of the site,and stated the residence
will be converted into an office and the existing trees will remain. Ms.Jacoby stated the site will be
mined in three phases,and the project will take five to seven years to complete. She stated three
separate slurry walls will be installed prior to mining below the groundwater level, the processing
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plants will be located awayfrom U.S.Highway 85,berms and stockpiles will be used to buffer views,
and the project will create 3,300 acre feet of water storage. Ms. Jacoby stated each phase will be
mined and reclaimed before starting the next phase,and phases two and three will share a slurry
wall. She displayed photographs of similar water storage reservoirs,and stated this site will create
a low-impact buffer for the adjacent property which is zoned 1-2. She stated LSC Traffic
Consultants did a traffic study,with 80 percent of the truck traffic going south and 20 percent going
north. She stated all traffic will enter the site at Weld County Road 8,and the applicant has agreed
to all of the road improvements proposed by Public Works and CDOT. She further stated bus traffic
was discussed with the Fort Lupton School District, and the applicant is willing to make the
necessary improvements. Ms. Jacoby stated the trucks will only use Weld County Road 27 for a
short distance,which will help ensure they do not speed,and the site will operate an average of 250
days per year based on weather conditions. She emphasized that this will be a temporary use,with
the final use being water storage which will not generate traffic. In response to Commissioner
Jerke, Ms. Jacoby stated they met with the Fulton Ditch Company and did an engineering study.
She stated the ditch is 14 to 20 feet from current edge of the pavement and improvements can be
accommodated. Responding to Commissioner Masden, Ms. Jacoby stated the applicant will do
pavement overlay and right-of-way dedication on Weld County Road 8 only for the portion included
in the haul route,as well as for the full length of Weld County Road 6 between Weld County Road 27
and U.S. Highway 85. Responding to Commissioner Masden,Ms.Jacoby stated the applicant will
dedicate 65 feet of right-of-way from the centerline of Weld County Road 27, and 40 feet of
right-of-way from the centerline of Weld County Road 8. She further stated the applicant is willing
to accommodate any necessary bus stops and pull outs. She stated the Fulton Ditch will not need
to be covered,and the acceleration lane on Weld County Road 27 will be paved. Mr. Carroll stated
he is unsure if there are field accesses along Weld County Road 27; however, they should not be
impacted by the acceleration lane. In response to Commissioner Geile, Ms. Jacoby stated the
hours of operation will be Monday through Saturday,and although additional aggregate will not be
brought on the site, they will bring cement and oil products required for the concrete and asphalt
plants. She stated 89 of the 112 acres will be mined, and the remaining area will be graded and
vegetated as part of the Reclamation Plan. In response to Commissioner Vaad,Ms.Jacoby stated
the groundwater is 20 to 25 feet deep and the slurry wall will be installed for each phase before
groundwater is disturbed. Responding to Commissioner Masden,Ms.Jacoby stated the northeast
and western berms will be stockpiled topsoil, approximately six to eight feet high. The remaining
stockpiles will be 20 to 30 feet high,and will be seeded and stabilized if they remain for more than
one year. She stated the stockpiles will be temporary so the applicant was not intending to plant
trees. She further stated the site will have a water truck to keep the internal trucks wet as required
by the Dust Control Plan, and the processing plants will have air control equipment which will be
regulated through state air permits.
Phil Martin of Martin and Wood Water Consultants, Inc., stated he was hired to analyze the
Temporary Substitute Supply Plan,and he reviewed his credentials. (Switched to Tape#2003-50.)
He listed the various permits required and which agencies enforce the regulations. Mr. Martin stated
the South Platte River and alluvial aquifer in this area are very transmissive and support high yielding
wells. He stated the impacts on the wells will be minimal, and he gave a brief explanation of the
"mounding and shadowing"effect of groundwater levels on both sides of the slurrywall. He further
stated the groundwater table is very flat and moves approximately two feet per day,so he believes
the water will adjust and flow around the mining areas which are blocked with slurry walls. Mr.
Martin stated there is a consistent response to seasonal changes, and he indicated the locations
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of twelve monitoring sites which will provide data to assist with mitigation measures. He stated the
area will be dry mined before meeting the water table and then the slurry wall will be constructed
for wet mining. He further stated the mounding and shadow effect will only be a few feet on both
sides of the slurry wall, and the applicant will be mining in phases which will allow time to assess
and resolve any unforeseen problems that arise in the first cell before commencing with the next
phase. In response to Commissioner Masden, Mr. Martin stated they are currently monitoring the
neighbors'wells,and if a well level drops more than two feet below the average seasonal low,then
they will try to determine the cause and do the appropriate mitigation measures. He stated it will
require 30 days for an independent consultant to review the situation,so emergency plans will need
to be considered for any negative affects during the interim. However,a two foot change will happen
gradually, which will allow them to see it coming and take the appropriate measures before the
situation is critical. Responding to Commissioner Jerke,Mr. Martin indicated the closest gravel mine
is located to the south,west of U.S. Highway 85 at Weld County Road 6. He further stated if there
were a string of uninterrupted lined pits,there will inevitably be breaks for the water to continue to
flow.
Mr. Banks read a portion of the Division of Minerals and Geology mining permit for the record,which
provides for an emergency contingency. He stated,if necessary,the will pump,pipe,ditch or truck
water to affected wells, but they do not feel that will ever be necessary.
Tracey Limon stated he has 30 years of experience as a Geotechnical Engineer and he reviewed
his credentials. Mr. Limon stated slurry walls have been used for over40 years,the process is well
established, and it is a proven technology for groundwater barriers in mining, dewatering,
environmental,and landfill applications. In response to Commissioner Masden, Mr. Limon reviewed
how a slurry wall is installed. Responding to Commissioner Geile, Mr. Limon stated each sealed
storage reservoir in Colorado has to be approved by the State Engineer,only a certain amount of
seepage allowed, and if that threshold is exceeded, the storage vessel loses its sealed reservoir
status. Responding to Chair Long, Mr. Limon stated a small quantity is allowed to enter a storage
vessel from the bottom and around the perimeter.
Mr. Banks stated they have reviewed the Weld County Comprehensive Plan and have met all the
written criteria. He displayed a map showing industrial uses near the site, and stated this project
is compatible. Responding to Commissioner Geile, Mr. Banks stated they will not haul sand or
gravel to the site, they will only bring in cement and oil products for the processing facilities. He
stated the 75 trucks will be a combination of employees and contractors, and the contract to
purchase this property is contingent upon approval of this Use by Special Review Permit.
Commissioner Geile expressed concern that even if this application is approved, the applicant
could decline purchasing the water shares under the current terms of the purchase agreement. Mr.
Banks stated if Premier Paving needs the water to meet commitments,they will buy the Fulton Ditch
shares. In response to CommissionerJerke,Gregg Campbell,Hydro Source Water Brokers,stated
Fulton Ditch shares will develop 1.5 to 1.7 acre-feet of consumptive use per share,will irrigate 1.5
acres, and shares are currently selling for$15,000 per share. Commissioner Jerke commented
this is nota large enough amount to supplement the farmers in the area if the wells begin to dry up.
In response to Commissioner Jerke, Mr. Banks stated petroleum-based products will need to be
brought in for the asphalt facility, which will require three trucks per day. Commissioner Vaad
referred to Exhibit KK, submitted by Mr. Acres, and Mr. Banks stated he is not familiar with the
location of those homes; however, he did indicate the location of homes within one mile.
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Ms. Jacoby stated in an attempt to address the neighbors' concerns, the applicant is using slurry
walls, including adjacent wells in the Monitoring Plan, modifying the haul route, and obtaining
agreements with the Fulton Ditch and mineral owners. She stated they concur with the
recommendations from the Departments of Planning Services and Public Works,the Mined Land
Reclamation Permit has been approved, and the project will be bonded. In response to
Commissioner Vaad,Ms.Jacoby stated the power pole at the intersection of Weld County Roads 6
and 27 was not involved with the engineering study; however,there is enough right-of-way for the
necessary improvements, and the applicant will work with the utility company to relocate the pole.
Responding to Commissioner Masden, Ms. Jacoby stated the bond for the slurry wall will remain
in place until the site has been inspected bythe State Engineer's Office and released by the Division
of Minerals and Geology. The site will also be bonded until the reclamation is complete.
Sam Kingsfield,General Superintendent of Premier Paving,stated if this request is approved,they
will conduct a site-specific program for the drivers and operators to ensure they are aware of all the
school bus stops and timing issues. He stated he will personally respond to any concerns or
complaints received,and he is responsible for providing a written log of complaints. Mr. Kingsfield
stated the applicant wants to make sure the site is clean, safe, and healthy. Responding to
Commissioner Geile, Mr. Carroll explained he monitors traffic counts in Weld County, and he
submitted a map showing the location of accidents, included with Exhibit JJ. He reviewed the
accident counts for the record over a three year period. Responding to Commissioner Masden,Mr.
Kingsfield stated the truck traffic will be a 50/50 split between employees and contractors. He stated
contractors will be required to sign a contract regarding the haul route and other company
regulations. He stated if a truck number is reported,they can discipline the employee or terminate
a contract.
Tom Peterson, Executive Director of Colorado Asphalt Pavement Association, stated this
Association represents 95 percent of all hot-mix asphalt operations. He stated this will be a modern
asphalt plant with many controls, and the steam it produces will not have hazardous emissions.
He submitted various brochures and reports, marked Exhibit PP, and stated this is a heavily
regulated industry and all the requirements are listed on the website for the Colorado Department
of Public Health and Environment. He stated this industry will continue to grow as Colorado and
Weld County grow;these facilities can be a good neighbor;and the applicant is on the Association's
Board of Directors.
Mr. Campbell reviewed his credentials and stated he was hired to assist in marketing the future
water storage that will be constructed. He stated the first cell,which is 1,100 acre feet, is under a
sales contract that is contingent upon approval of this Use by Special Review Permit. He stated the
buyer will also hold the first right of refusal on the two other phases. Mr. Campbell stated the water
to fill these reservoirs will be reusable water that has come from the South Platte River from
upstream water providers. He stated the failure of the Two Forks Project and Referendum A has
created the need for many smaller projects to take their place,and as growth continues,more water
will need to be reused. He stated gravel pits can be used for landfills that can result in water
contamination,they can be filled with groundwater that can evaporate,or they can be lined and used
for water storage and augmentation. Mr. Campbell stated development occurs where water is
available, and water storage further encourages growth in Weld County.
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Shirley Grey stated she is one of the property owners for this application. She stated this project
is not the turning point for this area because it became an industrial zone many years ago. She
stated theirfamilyfelt Premier Paving was a viable option for their property,and this will benefit the
community through water storage and a source of employment. She stated Mr. Otterstein runs a
clean and responsible operation and this will be an asset for Weld County.
Jim Adams stated his parents bought this property 60 years ago and it has historically been
farmland. He stated there is currently more than 60 commercial establishments between Weld
County Roads 2 and 8,many of which have annexed into Brighton. He stated he wants the tax-base
and jobs created by this proposal to remain in Weld County. Mr.Adams stated houses continue to
sell at a record breaking pace and over the next ten years it is predicted that Weld County will be
one of the fastest growing areas in the country. He stated their family decided to sell this property
three years ago, and after doing a lot of research, they chose Premier Paving based on clean
operation practices, good treatment of employees, and quality maintenance of their sites. In
response to Commissioner Jerke, Mr. Adams stated the photographs submitted by Mr. Acres
include homes that are located one-quarter of a mile north of the site and extend into Fort Lupton.
In response to Commissioner Masden, Mr.Adams stated this site can no longer be economically
viable as a farm.
Chair Long called a recess. Upon reconvening, Brian Grubb, City of Fort Lupton representative,
submitted a Resolution from the Fort Lupton Planning Commission recommending denial of this
application. He stated this proposal is not consistent with their Comprehensive Plan;it is in conflict
with the Land Use Plan; and the area is designated for agricultural and related uses. Mr. Grubb
stated the application is also inconsistent with Fort Lupton's Transportation Plan because it will add
a large number of vehicles without substantial improvements. He stated the recent zone changes
in the area, as well as a proliferation of gravel mining operations, creates an area of intense
development without adequate infrastructure. He further stated the U.S. Highway 85 Access Plan
indicates the intersection at Weld County Road 8 is scheduled for signalization;however,that is only
a medium priority. Mr. Grubb stated the applicant is proposing to lengthen the stacking lane for
southbound trucks,which is an admission that trucks will sit there for a long time,and the applicant
should also be required to contribute a proportionate share toward the future signal at
U.S. Highway 85 and Weld County Road 8. He stated this proposal does not provide for the health,
safety, and welfare of the citizens of Fort Lupton especially since the traffic volumes and amount
of accidents continue to increase in this area. He further stated the plans for this site do not
propose the same level of landscaping as the sites which were shown by the applicant. Mr. Grubb
stated lined gravel pits are preferable to unlined pits; however, there will still be mud, mosquitos,
and weeds. He further stated the proposed ponds are square and very industrial-looking. He
reiterated that the City of Fort Lupton has adopted a resolution urging denial of this application based
on the number of permits already granted in the area. He stated they create a concentrated traffic
burden; this is not reasonable or orderly development; and the impact will not be minimized. He
stated the City of Fort Lupton recommends denial of any similar permits in this area until a phased
plan can be developed which can allow mining to co-exist in an agricultural area. Commissioner
Geile stated the lack of signalization at U.S. Highway 85 and Weld County Road 6 was the major
reason why a similar permit was denied two years ago; however, that has been addressed. He
further stated this proposal is not within the Urban Growth Boundary for the Cities of Fort Lupton or
Brighton. Mr. Grubb stated it was understood that Weld County would deny applications in the
referral area that conflict with Fort Lupton's plans. He concurred that the recent signalization is a
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great improvement; however, similar traffic levels exist at Weld County Road 8. In response to
Commissioner Jerke, Mr. Grubb stated the Fort Lupton staff and Planning Commission have
expressed concern regarding Weld County Road 27, which is a major arterial, and the proposed
improvements would not meet City standards. Commissioner Jerke commented there has also
been a lot of changes since the previous denial two years ago regarding the need for additional
augmentation and water storage.
Steve Mitchell, Co-chair for Fort Lupton Planning Commission,submitted a Resolution regarding
the Upper Front Range Transportation Report,marked Exhibit QQ,and stated the City recommends
the intersection of Weld County Road 8 and U.S. Highway 85 be the future location of a major
interchange and overpass. He stated there is a lot of growth in the area and there is potential for
annexation. He stated the U.S. Highway 85 Access Plan designates Weld County Roads 8 and
14.5 as the two accesses to the City,therefore,the traffic and visual aesthetics for this proposal are
of great concern to the City. He also expressed safety concerns regarding the addition of more
vehicles due to the narrow width of the roads. In response to Commissioner Geile, Mr. Mitchell
stated he has not reviewed the Conditions of Approval or Development Standards for this permit.
Commissioner Geile commented the Conditions will mitigate many of the issues he has addressed.
He stated although this may be in an area where Fort Lupton wants to grow,it is not currently in the
Urban Growth Boundary area,nor is it covered by the Comprehensive Plan. Responding further to
Commissioner Geile, Mr. Grubb stated currently there is no document in place; however, if
approached, the City would be vigorously pursue annexing properties to the south.
David Norcross, Mayor for the City of Fort Lupton,submitted an oversized map and a list of gravel
mining permits in Weld County, marked Exhibits RR and SS. He stated he plans to hold a City
Planning retreat in February to discuss these issues,and he asserted that the City Council will take
action on a vigorous annexation program. He stated they have the capability of providing water and
sewer service, and their primary goal is to protect the quality of life for the citizens of Fort Lupton.
He stated the City of Fort Lupton wants gravel pits regulated because there are 23 pending permits
before the Division of Minerals and Geology,and there are 72 mining permits in the vicinity of Fort
Lupton which are affecting their quality of life. In response to commissioner Geile,Mayor Norcross
stated since they entered into an Intergovernmental Coordinated Planning Agreement with Weld
County,they have expanded the water treatment facility for an improved water delivery system. He
stated there is a new water forced main and sewer forced main on the south end of town; the lift
stations and lines to the sewer treatment plant have been upgraded, and they have made
tremendous strides in obtaining additional capacity in the mountain pipeline to bring water to the City.
Responding further to Commissioner Geile, Mayor Norcross stated they do plan to annex further
south, and there will be more definite plans after the retreat in February.
Bob Sakata, President of Sakata Farms, Inc., stated he has been farming in Weld and Adams
Counties for 59 years. He expressed concern about the rapid growth along the Front Range, and
stated progress should not be allowed to cause injury to neighbors. Mr. Sakata stated water is a
major concern because Weld County is still listed third in the nation for agricultural production. He
stated the mining pits in Adams County have affected nearby domestic wells,and he feels that the
applicant should be responsible for mitigating impacts to wells within one mile because 600 feet is
not enough. He stated if irrigation wells are injured,there will be no crops to harvest. In response
to Commissioner Jerke, Mr.Sakata stated the direction and rate of water flow changes when it hits
a slurry wall, which restricts flow into nearby wells.
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Jane Sasaki,surrounding property owner,stated the water issues cannot be modified. She stated
they have farmed the Adams farm for many years, and she expressed concern for the safety of
school children being transported by school buses. She stated U.S. Highway 85 is very busy, so
many residents use Weld County Road 27, which is a two-lane road. She stated Weld County
Road 8 is not maintained or passable during the winter. She further stated there is no final
agreement with the Fulton Ditch Company, and she expressed concern with dirt blowing from
berms if they are not properly landscaped.
Bruce Murray,surrounding property owner,stated there is an existing landfill south of the proposed
site. He stated there were no regulations regarding dumping, and he expressed concern with
contaminated water which will flow directly to the South Platte River. Mr. Murray also expressed
concern regarding traffic delays caused by the traffic signal and trucks crossing the highway.
Responding to Commissioners Geile and Jerke,Mr. Murray indicated the location of the landfill used
by Brighton and Fort Lupton,and he questioned why it was not referenced in any of the applicant's
studies.
Joe Hubert, surrounding property owner, stated the applicant is trying to address many issues;
however, some of the concerns are beyond their control. He stated truck traffic needs to be
restricted from traveling east on Weld County Roads 6, 8, and 10, or from using Weld County
Road 6.5, which is a gravel road. Mr. Hubert stated the traffic accident report provided by the
Department of Public Works does not reflect all the accidents because many are unreported. He
stated many people do not obey the speed limit on Weld County Road 27, and this proposal will
have an adverse affect on his property values. He further stated a limit is needed for the number
of gravel mines will be allowed in this area, and he submitted photographs and indicated their
locations. Mr. Hubert stated there is approximately 100 nice homes east of U.S.Highway 85 within
a one-mile radius of this site. He stated the Adams family has been a good friend and neighbor;
however,they no longer live in the area and will not be impacted by this proposal. He stated many
of the industrial uses in the area have started without the proper notification to the residents in the
area, and he submitted photographs of homes within one mile, marked Exhibit TT.
Richard Stutz, surrounding property owner, stated this proposal will have an adverse affect on
property values, and he concurs with the prior comments of opposition. Mr. Stutz stated it takes
approximately 2.3 acre feet to irrigate an acre of ground in this area,and the current community will
not benefit from the water storage because it will not be completed for 20 years. He further stated
there are a lot of the accidents that have not been reported, and he questioned whether 68 trucks
is the maximum that will be allowed on Weld County Road 27. He stated the gravel and asphalt
industries have improved, however, they still lower the quality of life for nearby residents.
Tom Spain, surrounding property owner, stated despite the proposed improvements, the
intersection at Weld County Roads 6 and 27 is too narrow for large trucks to maneuver. He stated
other gravel operations have dried up wells,but they were paid for. He submitted a photograph of
a recharge pond,marked Exhibit UU,and stated that process is not adequate to recharge the area.
He stated easements would have to be acquired before pipelines could be extended to recharge
area wells, so the emergency water plan is not adequate. Mr. Spain stated most pits in the area
have weeds, not maintained landscaping, and rocks from the trucks cause a lot of windshield
damage. In response to Commissioner Masden, Mr. Spain stated the static head on his well has
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PAGE 11
dropped five feet,the normal depth ranges around 38 feet,and most property owners have not been
compensated for the cost of digging deeper wells.
William Gee, surrounding property owner, stated he does not live in the immediate area of this
proposal;however,there are six gravel mines within one mile of his home. He expressed concern
regarding traffic on U.S. Highway 85,and suggested creating a lane designated for truck traffic or
creating a moratorium on gravel pits until some of the existing mining are completed. He
commended the applicant's professionalism;however,he lives adjacent to the County's Koenig pit,
which is lined with a slurry wall, and his property is flooded during heavy rains because the water
cannot seep away. Mr. Gee also proposed moving gravel by rail rather than using trucks along
U.S. Highway 85.
Rosalee Everson,surrounding property owner,expressed concerns regarding traffic, population,
and aesthetics. She stated U.S. Highway 85 has been designated as one of the State Patrol's
twelve most deadly roads, and from Platteville south to Brighton it is designated as one of the six
saturation patrols for the year. Ms. Everson reviewed the number of traffic accidents,fire calls,and
emergency responses along U.S. Highway 85 in this area. She stated the Upper Front Range
Transportation Regional Planned Preliminary Study proposes an interchange at Weld County
Road 8,with an estimated cost of$19 million. Ms. Everson stated less than one-half mile from the
proposed site is the Sierra Vista Mobile Home Park, with approximately 500 residents, and she
reviewed the number of school bus children being transported throughout the day. She stated the
applicant has no space for extensive landscaping or an office park after the mining is complete,and
the water storage is not being leased to a local entity.
Sue Hubert, surrounding property owner, reiterated the various concerns expressed by previous
speakers and asked the Commissioners to consider this request as if they were a resident of the
area. There being no further comments, Chair Long closed public testimony.
Mr. Ogle submitted a Notice of Site Conditions and Declaration of Landfill Restrictions, marked
Exhibit VV, clarifying the location of the landfill which is directly south of the proposed mine along
U.S. Highway 85. He stated there are only two small areas on the site that were not affected by the
landfill. Mr. Morrison stated the landfill operated until 1980,the records indicate waste was dumped
in an old gravel mine,and there was no indication of the depth. He researched property ownership
history, and at one point it was a designated County landfill.
Mr. Banks stated they are aware of the landfill,which was closed 23 years ago. He stated the slurry
wall will ensure that there is no transfer or contamination of groundwater, and the landfill has not
been a concern in any of the referral responses. He stated the applicant will install bus pullouts as
deemed necessary by the School District and the Department of Public Works;the wells that were
injured by other gravel operations were near an unlined pit; and this operation is permitted by the
State,and is required to correct anywell injury within 600 feet. He further stated the State requires
immediate provision for impacted wells, so mitigation measures will be taken while the 30-day
evaluation takes place. Mr.Banks stated the turn movement at Weld County Road 8 for southbound
trucks will be manageable;however,they are willing to use the traffic signal at Weld County Road 6,
if necessary. He stated the applicant has agreed to the Landscaping Plan,this facility will not impact
Weld County's rating as the third best agricultural county in the country, and this site is not within
the Urban Growth Boundary of the City of Fort Lupton, nor will it require any urban services. Mr.
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Banks stated Pelican Lakes is a good example of mining in conjunction with selling high-end homes
and maintaining good property values. He stated if this propertywere sold to another developer,the
mining would still need to be extracted prior to development,the traffic problems currently exist,and
Premier Paving will contribute to improvements that will reduce the impact of the traffic they are
generating. Mr. Otterstein stated he understands the concern of the public,which he feels will be
addressed through this application, and this use is needed to support continued growth.
CommissionerJerke directed staff to work on potential language regarding bus pullouts. Mr. Banks
stated the applicant concurs with staff's comments, as well as the Conditions of Approval and
Development Standards; however, he requested the Conditions requiring State permits prior to
recording the plat be moved so the applicant can begin preliminary work on the roads. He confirmed
that State permits will have to be obtained before mining can commence. Commissioner Jerke
directed staff to prepare that change for review by the Board. Mr. Carroll stated he would include
language for the bus pullouts in the Improvements Agreement to state,"The applicant shall install
a bus pull off adjacent to the Sierra Vista Mobile Home Park." He stated the applicant will need to
work with the School District to confirm the locations and indicate them in the agreement.
(Switched to Tape#2003-51.)Chair Long called a five-minute recess. Upon reconvening,the Board
discussed moving certain conditions which would allow the applicant to commence with pre-mining
operations. Mr. Morrison stated it would not create a precedent; however, he suggested
distinguishing between what items are determined by another agency versus those that require
action of the applicant. He explained staff uses the plat as a way of tracking certain activities, not
preventing operations. Ms. Davis indicated if the plat is recorded it is difficult to track which items
have been completed and which have not. In response to Commissioner Jerke, Mr. Ogle stated
recording the plat is staff's way of ensuring all the items have been completed because there is no
other mechanism that requires the applicant to come back and confirm the work is done.
Commissioner Jerke commented the current process works and he is not in favor of changing the
location as requested by the applicant. Commissioner Geile concurred and stated this allows for
all the steps to proceed in an orderly manner. Commissioner Masden concurred.
Commissioner Jerke commented during the past two years a major stop light has been installed
on U.S. Highway 85 at Weld County Road 6,this facilitywill use the material mined from the site for
the processing operations with minimal materials being hauled in,and itwill create additional water
storage in Weld County. He stated the City of Fort Lupton intends to promote growth, which will
require products generated at this site; the facility will create jobs; and he has heard expert
testimony indicating the applicant knows how to do it right and stay in compliance. He stated he
supports additional water storage, rather than more houses.
Commissioner Geile commented although the applicant referenced Section 22-5-80.A(CM.Goal 1)
regarding the conservation of mineral resources, he has concerns regarding alignment issues on
Weld County Roads 6,8,and 27 and U.S. Highway 85. He stated the application does not comply
with Section 23-2-230.6.7 because the proposed improvements will not ensure that trucks do not
veer into the left lane as they enter U.S.Highway 85,and there is extensive documentation regarding
accidents. He stated the application does not comply with Sections 23-2-230.B.3 or B.4 because
the proposed use is not compatible with current or future surrounding uses. He stated the goals and
policies for this area are not consistent with this application as required under Section 22-5-80.C.1,
and the operations would have an adverse impact on the surrounding uses and infrastructure as
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PAGE 13
required under Section 22-5-80.C.2. Commissioner Geile further stated the proposed
improvements will not be adequate for the amount of truck traffic as required under
Section 22-5-80.D.1.d. Based on those findings he does not support the application.
Commissioner Vaad commented there is a diminishing supply of aggregates and State statute is
clear that those materials must be protected before surface development can proceed. He stated
he cannot find that the health,safety,and welfare of the citizens can be protected,and the potential
impact to the area wells is still a concern, therefore, the application does not comply with
Section 23-2-230.B.7.
Commissioner Masden commented the applicant has done a good job explaining the proposal and
answering questions;however,he lives in southern Weld County and has personally experienced
some of the concerns expressed in public testimony. He agrees that water storage is important;
however,he has experienced the poor traffic conditions in the area and seen numerous accidents.
He expressed concern with the current and proposed alignment of Weld County Roads 27,6,and 8,
and he is unsure whether Weld County Road 27 can handle the additional truck traffic.
Commissioner Masden also expressed concern with trucks crossing traffic at Weld County Road 8,
incompatibility with the current and future uses in the area, and potential impacts to wells.
Chair Long stated 40 years from now the citizens of Weld County will look back at this action and
what impact it had regarding water storage,as well as the health,safety,and welfare of the citizens
in the area related to traffic and other concerns. He stated the area needs to be mined because
aggregate is a limited resource; however,the citizens who travel through the area also need to be
provided with a certain sense of safety. Chair Long stated at this time the transportation issues
have not been addressed to his satisfaction.
Commissioner Geile moved to deny the request of Premier Paving, Inc., c/o Russ Otterstein for a
Site Specific Development Plan and Use by Special Review Permit#1436 for Mineral Resource
Development Facilities, including Open Pit Mining and Materials Processing,and a Concrete and
Asphalt Batch Plant in the A (Agricultural) Zone District, based on the recommendation of the
Planning Commission. The motion was seconded by Commissioner Masden. In response to Mr.
Morrison, Commissioner Geile commented his motion is based in part on the Planning
Commissioner Resolution and his previous comments. There being no further discussion, upon
a call for the vote, the motion carried with Commissioner Jerke opposed. The hearing was
completed at 6:00 p.m.
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PAGE 14
This Certification was approved on the 22nd day of December 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
/471a41 EXCUSED DATE OF APPROVAL
1861D id E. L g, hair
lerk to the Board
(�., j � / / Ro ert D. asden, Pro-Tem
Deputy Clerk to the Board
. J. eile
TAPE #2003-49, #2003-50, and #2003-51 Z `k12.�
Willi. Jerke
DOCKET#2003-89 AAA_ ,Ut
Glenn Vaad
2003-3272
PL1695
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1436 - RUSS OTTERSTEIN / PREMIER PAVING
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 9/16/2003)
D. Clerk to the Board Notice of Hearing
E. Banks and Gesso for Applicant Letter re: Request to Proceed (11/5/2003)
F. Banks and Gesso for Applicant Letter re: Waive 45-Day Requirement
(10/27/2003)
G. Floyd Acre Letter of Opposition (9/18/2003)
H. Brice Steele Letter of Approval (10/02/2003)
I. Banks and Gesso for Applicant Letter re: Initial Road Improvement Proposal
(10/02/2003)
J. Banks and Gesso for Applicant Memorandum of Surface Use Agreement
(10/07/2003)
K. Banks and Gesso for Applicant Branch Ditch Crossing Study (10/7/2003)
L. Banks and Gesso for Applicant Letter re: Approval from Fulton Irrigating
Ditch Company (10/14/2003)
M. Arthur Mizzi Letter of Support from Villano Brothers
Properties, Inc (11/14/2003)
N. Gene Watada Letter of Opposition (11/18/2003)
O. Larry Leinweber E-mail of Approval (11/20/2003)
P. Barbara Irsik E-mail of Opposition (11/21/2003)
Q. Sharon Schuyler E-mail of Opposition (11/20/2003)
R. Arlyne Glardon E-mail of Opposition (11/20/2003)
S. Renee' Froid E-mail of Opposition (11/20/2003)
T. Lindsey Bissell Letter of Opposition (11/25/2003)
U. Greg Quenzer E-mail of Opposition (11/26/2003)
V. Nanet Bal E-mail of Opposition (12/08/2003)
W. Nancy Stutz E-mail of Opposition (12/08/2003)
X. H. E. Ingraham E-mail of Opposition (12/08/2003)
Y. Roland Froid E-mail of Opposition (12/09/2003)
Z. Applicant Letter from Albert Watada (12/09/2003)
AA. Health Staff Memo re: Proposed revision (12/10/2003)
BB. Grant, Grant, and Goiran, LLP Letter on behalf of Sasaki Farms
(12/11/2003)
CC. City of Fort Lupton Letter and Resolution of Opposition
(12/12/2003)
DD. Leo Bissell E-mail of Opposition (12/15/2003)
EE. D'Anne Bissell E-mail of Opposition (12/15/2003)
FF. Planning Staff Memo re: Changes to Conditions
(12/16/2003)
GG. City of Fort Lupton Resolution of Opposition (12/17/2003)
(Duplicate of Exhibit CC)
HH. Public Works staff Draft Improvements Agreement
(12/17/2003)
I I. Public Works Staff Highlighted Road Index Map
JJ. Public Works Staff Four Vicinity Maps
KK. Floyd Acre Photos of the surrounding area
LL. Floyd Acre Letter of Opposition (12/17/2003)
MM. Floyd Acre "Size Matters" Packet (12/17/2003)
(DUPLICATE OF PC EXHIBIT 19B)
NN. Gene Watada Wide Turn diagram and Traffic Counts
(12/17/2003)
OO. Applicant Power Point Presentation and CD
(12/17/2003)
PP. Thomas Peterson Packet of Brochures and Various Reports
(12/17/2003)
QQ. City of Fort Lupton Resolutions and Report re: Upper Front
Range Transportation Projects (12/17/2003)
RR. City of Fort Lupton Oversized Map (12/17/2003)
SS. City of Fort Lupton List of Gravel Pits by Weld County
(12/17/2003)
TT. Joe Hubert 9 photos of homes within one mile
(12/17/2003)
UU. Tom Spain Photo of recharge pond (12/17/2003)
VV. Planning Staff Notice of Site Conditions and Declaration of
Landfill Restrictions (12/17/2003)
WW.
XX.
W.
ZZ.
ATTENDAN-CE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF DECEMBER, 2003:
DOCKET#2003-91 - MATT AND BECKY FOSHER
DOCKET#2003-88 - OLAND, LLC, C/O TAMMY ELLERMAN AND ED ORR
DOCKET#2003-89 - PREMIER PAVING, C/O RUSS OTTERSTEIN
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF DECEMBER, 2003:
DOCKET#2003-91 - MATT AND BECKY FOSHER
DOCKET#2003-88 - OLAND, LLC, CIO TAMMY ELLERMAN AND ED ORR
DOCKET#2003-89 - PREMIER PAVING, CIO RUSS OTTERSTEIN
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF DECEMBER, 2003:
DOCKET#2003-91 - MATT AND BECKY FOSHER
DOCKET#2003-88 - OLAND, LLC, CIO TAMMY ELLERMAN AND ED ORR
DOCKET#2003-89 - PREMIER PAVING, C/O RUSS OTTERSTEIN
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
if/cc ?_.-‘ S tot? /2Sz_ e.,./ill_ do n,1 z7 991025
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