HomeMy WebLinkAbout20011798.tiff HEARING CERTIFICATION
DOCKET NO. 2001-50
RE: SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY SPECIAL REVIEW
PERMIT#1172 FORAGRAVEL MINING OPERATION IN THE A(AGRICULTURAL)ZONE
DISTRICT- HALL-IRWIN CORPORATION
A public hearing was conducted on July 25, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attomey, Lee Morrison
Planning Department representative, Lauren Light
Health Department representative, Charlotte Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 6, 2001, and duly published July 11, 2001, in
the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Hall-
Irwin Corporation for a Site Specific Development Plan and 2nd Amended Use by Special Review
Permit #1172 for a Gravel Mining Operation in the A (Agricultural) Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Lauren Light, 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. Ms. Light gave a brief description of the
location of the site, and stated the original permit was for 169 acres, was later amended to allow
for the sale of landscaping materials, and is currently proposed to add an additional 40 acres for
mining. She stated the application indicates the 40 acres will take approximately seven years to
mine, with one year for reclamation, and the trucks will use the same haul route approved under
the original permit. Ms. Light gave a brief description of the surrounding land uses and stated three
referral agencies responded with no comments, six responded with comments or proposed
conditions, and seven did not respond. She stated the applicant has been working with the
Environmental Protection Agency (EPA) on other issues which should not hinder the processing
of this request. Ms. Light stated she did speak with Carl Eiberger, surrounding property owner,
who indicated he does not object to this proposal with the understanding that the Conditions will
mitigate his concems. She stated the Planning Commission recommends approval of this request
for the reasons cited in its Resolution of Recommendation.
Chair Geile advised the applicant's representative, Danna Ortiz, Rocky Mountain Consultants,that
she has the option of continuing this matter to a date when the full board will be present. However,
if she decides to proceed today, it will require three affirmative votes, or in the case of a tie vote,
Commissioner Jerke will listen to the record and make the determining vote. Ms. Ortiz indicated
she would like to proceed today.
2001-1798
PL1234
HEARING CERTIFICATION - HALL-IRWIN CORPORATION (2ND AMUSR#1172)
PAGE 2
In response to Chair Geile, Ms. Light stated the Department of the Army expressed concern with
the pending enforcement action being imposted by the EPA; however, that matter is addressed in
the Development Standards. Don Carroll, Department of Public Works,stated Weld County Road
2 is classified as an arterial status road which requires 100 feet of right-of-way at full buildout. He
stated there is currently 60 feet of right-of-way which is maintained by Adams County. Mr. Carroll
stated the previous Board approved the Use by Special Review Permit #1172 with Condition of
Approval #2.A.2 requiring a note be placed on the plat stating the applicant will enter into an
improvements agreement with Weld County should the roadway become the responsibility of Weld
County. He stated there are no traffic counts on this portion of road; however, the amendment
indicates the materials will only be moved within the site. Ms. Light requested Development
Standards#20 and #21 be amended to replace "obtained"with "followed," and Ms. Ortiz agreed.
Ms. Ortiz stated there is an aggregate operation located in Adams County which is adjacent to this
property, and she added the applicant has already entered into an improvements agreement with
Weld County. Ms. Ortiz requested the last sentence of Reason of Approval#2.b be amended to
clarify the seven years of mining and one year of reclamation apply to the 40-acre parcel only. She
also requested the second to last sentence of Reason of Approval#2.c be amended to clarify that
truck traffic will not be allowed on Weld County Road 23.5 except for local deliveries.
In response to Commissioner Vaad,Jeff Gregg, Hall-Irwin representative,stated there is a wetland
area located along the northern boundary of the existing permit; however, the slurry wall was
inadvertently placed within the wetland area and the Corp of Engineers has found that
approximately 1.35 acres have been disturbed. Mr. Gregg stated they are working with the EPA
to resolve the matter. In response to Chair Geile, Ms. Ortiz stated she and the applicant have
reviewed and agree with the Conditions of Approval and Development Standards.
Clay Munger, surrounding property owner, stated he recently purchased oil and gas property and
he wants to ensure the mining will not impact his wells. There being no further comments, Chair
Geile closed public testimony.
Ms. Ortiz stated the plan shows Hall-Irwin mining around the oil and gas access and facilities, a
stability analysis was conducted, and they received a letter from HIBE, LLC, mineral owner,
indicating the mineral rights will not be impacted, nor are there any objections. Following
discussion regarding proposed language for Reason of Approval#2.b,Mr. Morrison suggested last
sentence be amended to state,"The 40-acre mining operation,approved under 2nd Amended Use
by Special Review Permit#1172, is proposed to take seven years to complete and an additional
year to reclaim the property."
Commissioner Vaad moved to approve the request of Hall-Irwin Corporation for a Site Specific
Development Plan and 2nd Amended Use by Special Review Permit#1172 for a Gravel Mining
Operation 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 also included amending the last sentence of Reason of
Approval #2. B to state, "The 40-acre mining operation, approved under 2nd Amended Use by
Special Review Permit#1172, is proposed to take seven years to complete and an additional year
to reclaim the property," amend the second to last sentence of Reason of Approval #2.c to state,
"Truck traffic will not be allowed on Weld County Road 23.5 except for local deliveries,"and amend
Development Standards#20 and #21 to replace the word "obtained"with "followed." The motion
was seconded by Commissioner Long, and it carried unanimously.
2001-1798
PL1234
HEARING CERTIFICATION - HALL-IRWIN CORPORATION (2ND AMUSR#1172)
PAGE 3
This Certification was approved on the 30th day of July 2001.
APPROVED:
BOARD OF UNTY COMMISSIONERS
WELD CO , COLORADO
ATTEST: /Li
isa M. J. eile, Chair
Weld County Clerk to t ^�o //d
iaei `_'" =� df,t.4 errs—'
Glenn Vaad, Pro-T
BY:
Deputy Clerk to the I 'I' 4 EXCUSED
UN1 Willi . Jerke
TAPE #2001-31
vi E. Long
DOCKET#2001-50
Robert D. Ma den
2001-1798
PL1234
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF JULY, 2001:
DOCKET#2001-42 - BRIAN AND KATHY WILLIAMSON
DOCKET#2001-50 - HALL-IRWIN CORPORATION, C/O ROCKY MOUNTAIN CONSULTANTS
DOCKET#2001-45- ST. VRAIN SANITATION DISTRICT
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.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
49/71 f 1 /17 kik".M,,t z i YZ57 J�i'APAE.5 ,/ �th Lix/i�n�f�D. plod// 2 za'(-'/z
/44P v fty c e so n y36 (ii ARnt �-d nrsf ri# 'Sag l Zp d l-tiS—
ee 1Ailha�l I{36 Ca 7�A� l g So/ Z1/ -44C
d .20:X -SO
1 re�� 3oa. elf' fL€ ,• o.1 Cc c 1 CC3OI SG•
/�
vJA ( . aA.71) 1! g /lc/ On if-6Y3i
0l You �q��! /3f3 & anent. %' e �ea/ t�r�3 T�.44 0^ (el ssyzee/
EXHIBIT INVENTORY CONTROL SHEET
Case 2ND AMUSR#1172 - 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 05/15/2001)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter re: Conditions of Approval prior to
scheduling BOCC hearing (06/25/2001)
F. Applicant Findings of the U.S. Environmental
Protection Agency(05/22/2001)
G. Applicant Site and Vicinity maps
H. Applicant Letter from Carl Eiberger(05/29/2001)
Applicant Letter from Carl Eiberger(05/22/2001)
J. Planning Staff Photo of sign posted on site
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
Hello