HomeMy WebLinkAbout20012880 HEARING CERTIFICATION
DOCKET NO. 2001-69
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SUPPLEMENTAL APPLICATION FOR USE
BY SPECIAL REVIEW PERMIT #1306 FOR MINERAL RESOURCE DEVELOPMENT
FACILITIES INCLUDING A CONCRETE AND ASPHALT BATCH PLANT AND GRAVEL
MINING IN THE A(AGRICULTURAL) ZONE DISTRICT - PLATTE SAND AND GRAVEL,
LLC
A public hearing was conducted on October 10, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Charlotte Davis
Public Works representative, Frank Hempen
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 21, 2001, and duly published
September 26, 2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to
consider the request of Platte Sand and Gravel, LLC, for a Site Specific Development Plan and
Supplemental Application for Use by Special Review Permit #1306 for Mineral Resource
Development Facilities including a Concrete and Asphalt Batch Plant and Gravel Mining in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record and stated Use by Special Review Permit#1306 was previously considered on August 22,
2001, at which time the Board deemed it advisable to refer the matter back to the Planning
Commission for consideration of the supplement to the Use by Special Review#1306 application.
Commissioner Jerke stated the applicant has entered into contracts with the Western Mutual Ditch
Company, of which he is a stock holder. Commissioner Jerke stated he owns 16 shares out of the
total 800 shares, which is less than five percent of the overall ownership. Mr. Morrison stated he
does not feel this to be a conflict of interest.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the recommendation of the Planning Commission into the record as written. He gave a
brief description of the location of the site and surrounding uses and stated the area outside of the
mining boundary will continue to be used as an active cattle ranch. He further stated the applicant
proposes to excavate approximately 600 tons per year,using 40 employees,and operating Monday
through Saturday. Mr. Ogle gave a brief description of the wet and dry mining processes which will
be used. He stated once the site is reclaimed, the applicant will consider options such as
private/public recreation, trails, open space, water storage/supply, etc. He further stated the site
2001-2880
Ali A/� J �It PL1545
HEARING CERTIFICATION - PLATTE SAND AND GRAVEL, LLC
(USR#1306 SUPPLEMENT)
PAGE 2
will be accessed along a private drive extending north from the intersection of Weld County
Roads 23 and 36. He described the original haul route, as well as an alternate route which was
proposed at the last Planning Commission hearing. Mr. Ogle stated a traffic study was completed
for the alternate route, and upon review, staff recommends acceptance of the alternate route. He
stated supplemental referrals were sent and returned with concerns regarding traffic, impacts to
wildlife, additional noise and dust, road conditions, safety and quality of life, decreased property
values, and a diminished or polluted water supply. Mr. Ogle stated the Planning Commission
moved to approve the Supplemental Application; however, the motion failed to pass. He further
stated at the Planning Commission hearing, the applicant withdrew the request for pre-cast
operations, therefore, all references to pre-cast need to be removed from the Board's Resolution.
In response to Chair Geile, Mr. Ogle reviewed the location of both haul routes. Chair Geile
recessed the meeting until 1:30 p.m.
Upon reconvening, Frank Hempen, Jr., Director of Public Works, stated one week prior to the
second Planning Commission hearing, an alternate haul route was proposed using Weld County
Road 36 east to Highway 85. Mr. Hempen stated Chris Fasching, Felsburg, Holt, and Ullevig,
assisted staff in analyzing the traffic reports on both haul routes. Mr. Fasching stated he
recommends use of the alternate route using Weld County Road 36 east to Highway 85. Mr.
Hempen stated they reviewed the surrounding uses, traffic counts, accesses, and turning lanes.
Mr. Fasching displayed a chart comparison of the two routes, included in Exhibit LL, which he
reviewed for the record. In response to Commissioner Vaad, Mr. Fasching stated the applicant is
working with the Colorado Department of Transportation to direct trucks to the Port of Entry. In
response to Commissioner Jerke, Mr. Fasching stated the south route consists of 2.5 miles of
paved roadway, and the east route is 1.7 miles of gravel road. He further stated the east route
does not have an acceleration lane for traffic going north and added whichever route is selected
will be paved. Mr. Fasching stated there are some acceleration/deceleration lanes; however, both
routes will require upgrades. Responding to Commissioner Long,Mr. Fasching reviewed the traffic
counts on each of the roads involved in both haul routes.
Thomas Haren, AgPro Environmental Services, LLC, represented the applicant and stated the
supplemental application is significantly reduced from the initial proposal, and they have made
improvements based on concerns expressed by the surrounding property owners, Planning
Commission members, and Board of Commissioners. He stated they will now be mining twelve
percent of the 1,600 acres,to be completed in 20 years,and they withdrew the request for pre-cast
operations. (Clerk's Note:All items reviewed or displayed are marked as part of Exhibit OO, unless
indicated otherwise.) Mr. Haren reviewed the various documents approved,received,or submitted,
as well as a Comparison Chart. He explained the Mined Land Reclamation Board Permit has been
approved and covers mining procedures,reclamation,rehabilitation,flood plain issues,stabilization,
bonding, and assurances. He stated the applicant conducted 16 borings prior to purchase of the
property, which indicated the presence of a commercial mineral deposit, with various formations,
generally 40 feet thick, with 70 percent sand and 30 percent gravel. Mr. Haren submitted a
preliminary report on mineral deposits, marked Exhibit NN, and stated the property title includes
an exception for an area where a County mining pit occurred near the historical monument. He
referenced the State statute requiring counties to designate the viable mineral deposits in their
area, and explained the materials extracted with dry mining will be used to build the road and plant
site, and then the dry mining area will be graded and reseeded. He reviewed the wet mining
2001-2880
PL1545
HEARING CERTIFICATION - PLATTE SAND AND GRAVEL, LLC
(USR #1306 SUPPLEMENT)
PAGE 3
procedures and displayed photographs of the dredge machine used in the ponds near the northern
County buildings. Mr. Haren stated there will be dewatering for dredging the area, and then no
more dewatering will occur for the life of the mine. He stated the application proposes concrete
and asphalt batch plants; however, the applicant will not conduct batch plant operations
immediately,and he displayed photographs of other batch plants owned by the applicant in Denver.
He further stated the applicant will recycle the materials left from washing the trucks to be used in
future batch plant materials. All processing of materials will be conducted on the site, so the
applicant will not have to haul anything but processed materials to market. Mr. Haren stated the
final use of the property will continue as a ranching operation,and the applicant has also discussed
the possibility of water storage, open space, and trails. He stated all of the existing and proposed
regional trails will need to cross this property to connect with other trails,and the applicant is willing
to allow trails along the river frontage. He further stated wildlife studies were conducted indicating
the endangered species will not be affected. There is a Bald Eagle's nest in the large bend of the
river and the applicant has established setbacks, restricted mining schedules during certain times
of the year, and created an easement for prairie dogs to maintain a food source for the eagles. Mr.
Haren stated the mine is situated one-quarter mile from the property boundary, it is almost entirely
within the One Hundred (100)Year Flood Plain, and the Milliken town boundaries are one-half mile
from the mining activities. He stated the property is in a very low elevation, there are adequate
geographical buffers from the surrounding properties, and the Town of Milliken indicated no
conflicts with its interests due to the reduced scope of the proposal. He stated the west and south
sides of the property are bordered by lands owned by Excel/Public Service Company, which has
withdrawn its objections,and although the Town of Platteville is opposed,the site does not lie within
its Urban Growth Boundary Area. He explained the location within the floodplain will likely restrict
any future development in the area. Mr. Haren stated only 65 acres of the property are designated
as prime farmground by the U.S.D.A., and the West Greeley Soil Conservation District indicated
no concerns. He stated agricultural products can be grown with adequate water and fertilizer;
however, due to the cost of the property, that would not be economically viable for the property
owner. He stated a confined feeding operation will not be allowed since the site is in the flood
plain, and the oil and gas facilities throughout the site have been addressed through various
agreements, so it appears the property is only good for a commercial mineral extraction facility,
which is needed throughout the front range. Mr. Haren stated the applicant owns concrete
operations in Denver and they intend to use the mined materials rather than purchase from their
competitors. He displayed overheads showing the amount of aggregate used by each person in
the front range, and indicated the location of the Fort St. Vrain Monument. He stated the site will
be preserved and protected from the mining operations, and the applicant has agreed to conduct
a cultural resources study to be completed prior to recording the plat. Mr. Haren stated he concurs
with staff's findings regarding use of the alternate haul route,the proposal is in compliance with the
Weld County Code, it is consistent with the intent of the A(Agricultural)Zone District,the site is not
designated as prime farm ground, other operations will not be profitable for the applicant, the
proposal will be compatible with the existing and future uses of the surrounding area, they have
completed many of the necessary agreements, and there are sufficient buffers and setbacks. He
stated the applicant has shown compliance with the Weld County Code, and he noted the site is
bordered by Commercial and Industrial Zone Districts. He further stated the traffic studies have
been completed and analyzed, the wildlife issues have been addressed, the State mining permit
has been approved with financial assurances in place, there are Health permits, water and ditch
agreements, and a Dust Abatement Plan is in place. Mr. Haren stated this operation will benefit
2001-2880
PL1545
HEARING CERTIFICATION - PLATTE SAND AND GRAVEL, LLC
(USR#1306 SUPPLEMENT)
PAGE 4
the community with water storage capabilities,trails, open space and wildlife habitat. He reiterated
there are no other feasible uses for this property, and the County already deemed this area as a
commercial mineral deposit. In response to Chair Geile, Mr. Haren stated Condition of Approval
#3.D requires an Archeological Study to determine whether historical artifacts exist at the site and
propose a plan for preserving them, if found. Responding to Commissioner Jerke, Mr. Haren
stated the applicant would prefer to use the east haul route and they agree to pave and improve
the roadway.
Responding to Commissioner Long, Kathleen Kraeger,Traffic Engineer representing the applicant,
stated the east haul route will lead to Highway 85 where some of the trucks will travel north to
Greeley, and a majority of the trucks will travel south to the E-470 interchange onto 1-76 or to
Denver on 1-25. Responding to Chair Geile, Ms. Kraeger stated the intersection of Weld County
Road 36 and Highway 85 has good sight distance; however, due to the odd angle, the Colorado
Department of Transportation (CDOT)would like to make it a 90-degree intersection in the future.
She stated if the applicant is still operating at that time, they will be required to participate in the
upgrade costs. Responding to Chair Geile, Ms. Kraeger stated once the intersection is constructed
to a 90-degree angle, a Stop sign will be installed because the traffic does not warrant a traffic light.
In response to Commissioner Masden, Ms. Kraeger stated the operation will average 120 truck
trips per day (60 in and 60 out), and if the eastern route is selected, the southern route will be
eliminated. Responding to Commissioner Long, Ms. Kraeger stated once the trucks enter Highway
85, they will travel west on E-470, after construction is completed, to I-25. She stated many of the
destinations are in Denver and Highway 85 is often an easier route than 1-25. She further stated
the independent trucks are more difficult to control and once they leave the Port of Entry,they may
choose to use Highway 66; however, it is more difficult to access because the trucks have to turn
around. She estimated approximately 20 percent of the daily truck traffic will be independent.
Responding to Commissioner Jerke, Mr. Haren stated the dry mining area does abut the Western
Mutual Ditch;however,in a referral response,the Ditch Company indicated the appropriate setback
distance of 200 feet, which the applicant has agreed to. He further stated the terraced area will
only be mined down to the surrounding grade. (Switched to Tape #2001-42.)
Nancy Fisher, surrounding property owner, submitted a copy of Mitigation Concessions, marked
Exhibit PP, as well as various items,which were previously submitted at the Planning Commission
hearing. Ms. Fisher stated this backup information is submitted to document and support her
comments, and she read a portion of Exhibit PP, for the record. Ms. Fisher questioned whether
the Platte Sand and Gravel staff will be trained to recognize a historical or burial site, and whether
they have permission to remove bones. Ms. Fisher stated there are other gravel pits in the area
surrounding her home and indicated she is a member of the Platteville Historical Society which has
submitted a subsequent letter to the one which was referred to by Mr. Haren. She stated there are
still concerns regarding the possible destruction of artifacts in the area and added the Sheriff's
Office has indicated that any violation of unmarked graves will be prosecuted. She stated there
is new technology which could be used to detect and protect these historical sites and added the
applicant's presentation needs to indicate the quality of the aggregate at the site, not estimations
based on samples from surrounding sites. Ms. Fisher stated there are many unmarked Native
American graves,as well as graves of the Town's people,and she suggested the property be used
for a conservation easement or wildlife refuge. In response to Chair Geile, Ms. Fisher stated she
received much of her information from the Internet, and was surprised at the amount of research
2001-2880
PL1545
HEARING CERTIFICATION - PLATTE SAND AND GRAVEL, LLC
(USR#1306 SUPPLEMENT)
PAGE 5
which had already been conducted on this matter. Responding to Commissioner Vaad, Ms. Fisher
stated there are mining sites west of her home, as well as several which are in the application
phase,and her primary concerns are with additional traffic in the area and disturbance of historical
sites. In response to Commissioner Vaad, Ms. Fisher stated the applicant used information taken
from the Tarragon study done at a nearby site, and she feels the quality of the aggregate at this
site should be based on a site-specific study. Chair Geile called a five minute recess.
In response to Commissioners Vaad and Long, Mr. Haren reviewed the vote taken by the Town
of Platteville indicating concern, and he explained the operation of a dredge machine. He further
stated the applicant is required to supply a plan to the Weld County Department of Public Health
and Environment on how they will address any spills. He stated the Condition could be modified
to address any contamination of waters caused by leaking diesel fuel from the dredge machine.
Mr. Ogle stated Development Standard #4 may already address that concern. Ms. Davis read
proposed language to be added to address fuel contamination. Responding further to
Commissioner Long, Mr. Haren stated the applicant has been purchasing the materials from his
competitors,therefore,supplying his own materials deems this as an economically viable operation,
although the materials will need to be hauled more than 20 miles. Responding to Commissioner
Jerke, Mr. Haren stated the reservoir created by the mining will be 40 feet deep and hold
approximately 8,000 acre-feet of water. He further stated the applicant has an agreement with the
City of Longmont, and intends to work with the municipalities first before considering other options
for the water. He also gave a brief explanation of the water augmentation laws. Responding to
Commissioner Vaad, Mr. Haren addressed Ms. Fisher's comments regarding the quality of the
aggregate by stating the U.S. Geological Survey created an atlas of commercial mineral deposits,
and this site was designated as one of those sites. He stated the gravel is on or near the surface
and the existence of aggregate is supported by visually inspecting the site,as well as the existence
of similar facilities in the area. In response to Commissioner Vaad, Tom Sharkey, owner, stated
the materials of this site have been graded and submitted to various labs. Their studies show no
reactive rock, and he stated he is certain the materials are good quality. Responding to
Commissioner Masden, Ms. Kraeger stated the applicant is willing to work with the County to
provide suggested haul routes to the drivers of independent trucking companies. Responding to
Chair Geile, Mr. Haren stated Mr. Ptasnik owns land on the eastern border, and he was likely aware
of the applicant's intent to mine this land since the 16 borings were allowed prior to the purchase.
He further stated a well permit is required from the State Engineer's Office for gravel mining for any
hole that exposes underground water. He further stated the easements for trails are open to any
entity wanting to extend a trail along the South Platte River, and he has already made that
commitment to the Town of Milliken regardless of whether this matter is approved or not. Mr.
Haren stated the trails would be designated for hiking and horseback, no motorized use would be
allowed, and they would also provide public parking, restroom facilities, and pullouts for viewing
significant points of interest. Responding to Commissioner Vaad, Mr. Haren stated the deed
exception is for a one-acre parcel to allow the County to mine, and the current State Mined Land
Permit requires a 200-foot setback from the boundary of the one-acre parcel. Under the revised
application,the mining will be 2,300 feet from the St.Vrain Monument,which is also consistent with
comments made by Ms. Fisher. In response to Chair Geile, Mr. Haren stated the State mining
permit was not reduced from the initial permit area; however, an amendment to the County permit
will require the applicant to go through the entire permitting process again. He further stated 20
years allows the applicant to operate the business to meet his needs and yet mitigate some of the
2001-2880
PL1545
HEARING CERTIFICATION - PLATTE SAND AND GRAVEL, LLC
(USR#1306 SUPPLEMENT)
PAGE 6
concerns of the area. He explained the reclamation will involve creating slopes, bank stabilization,
reseeding, and the mining will result in a lake. He stated the bond and financial warranties are tied
to the reclamation, and there is an incentive to reclaim as the mining progresses to keep the
security costs at a minimum. Currently the bond is $111,000.00, which ensures compliance with
the proposal, otherwise, there are adequate funds for the State to reclaim the area. He further
stated the bonds will be adjusted as the project progresses. Mr. Sharkey stated the Mined Land
Reclamation Board will review the site each year and adjust the securities appropriately, and he
is motivated to reclaim as the mining proceeds to keep the bond costs low. Mr. Morrison stated
the Colorado Mined Land Reclamation is a beneficiary of the bond,and if the County has a concern
it will have to go through the State to make a claim on the bond. Responding further to Chair Geile,
Mr. Haren stated they could amend the Condition of Approval#3.D to specify an archeologist, and
he added they have already hired specialists who are known for their work at the Denver
International Airport project to ensure preservation of any artifacts. Mr. Haren reviewed the burial
law, and explained the Town of Fort St. Vrain was platted; however, it was not built or inhabited.
He stated the property was previously farmed, and it is unlikely they will find any graves because
it is located in the flood plain and most preserved sites are located at higher elevations in different
soils. He stated there will be a plan in place to address any items which may be found.
Michael Cowper, Mayor for Town of Platteville, clarified the Town of Platteville's referral indicated
opposition based on noncompliance with its Comprehensive Plan. He indicated the town board's
primary concern was with the original haul route, and at this point, they have not had the
opportunity to discuss the revised route. He stated the Town's Urban Growth Boundary (UGB)
does abut Weld County Road 36, and he anticipates annexations in that area within the next few
years. Mr. Cowper expressed concern with traffic impacts on the residences which will be
developed in the future, and questioned whether there is any means of enforcing use of the
designated haul route once the trucks leave the site. Mr. Cowper stated there are two other mining
operations proposed in the area, and there may be more in the future. He expressed concern with
the financial impact this facility will have on the Town because they do not have the resources for
necessary upgrades. He stated although most of the residents who are opposed to this operation
are in the rural outskirts of the Town, they are still considered a part of Platteville. In response to
Chair Geile, Mr. Cowper stated the Urban Growth Boundary Area does not overlap this property;
however,the impacts will likely occur to the south of the site. He further stated the Town of Milliken
has indicated no concerns, but it will not be as heavily impacted as Platteville, and they have
different long-term goals. Mr. Morrison stated the applicant has indicated they will be using
independent haulers, and the haul routes can be enforced through the initial contracts to receipt
of the materials. He further stated the County can only enforce the haul route on trucks owned by
the facility, and that can be enforced through a Show Cause process if necessary. In response to
Mr. Cowper, Mr. Morrison confirmed the applicant will be held responsible for the haulers.
Jill West, RTR Trucking, stated she is the owner of an independent trucking company, and they
do lease their trucks to other companies. She stated she is willing to sign haul route agreements
with the applicant and she is in favor of this proposal which will create jobs in Weld County.
Kristi Plutt, surrounding property owner, stated she owns property up to the section line at the
intersection of Weld County Roads 23 and 36. She questioned whether the applicant has
adequate right-of-way at the entrance of the proposed site, because she and one of the other
2001-2880
PL1545
HEARING CERTIFICATION - PLATTE SAND AND GRAVEL, LLC
(USR#1306 SUPPLEMENT)
PAGE 7
adjoining neighbors have not been contacted to obtain additional right-of-way. She further stated
there must be adequate right-of-way if they are to construct a bridge over the ditch, and she
expressed concern with the roadway already being dangerous with a blind curve on a dangerous
corner. Mr. Hempen stated there is 60 feet of right-of-way on Weld County Road 36 east of Weld
County Road 23,and Weld County Road 23 south from Weld County Road 36 has 40 feet of right-
of-way.
Bruce Rippe represented the surrounding property owners,and he referred to various letters which
have been submitted throughout this process from more than 100 nearby residents. Mr. Rippe
stated there have been further modifications to the application since the last Planning Commission
hearing to suggest an alternate haul route. Mr. Rippe expressed concern with the limited amount
of time provided to staff and the public to review and comment on the new haul route, which he
feels is a violation of their rights. Mr. Morrison explained an application can be amended by the
Board at any time, and he does not feel this is a violation of the process because the notice does
not reference a specific haul route. Commissioner Masden commented most applications are
modified as they progress to address concerns which are expressed throughout the review
process. Mr. Rippe displayed a neighborhood map, marked Exhibit 135 at the previous Planning
Commission hearing. He stated it is anticipated the applicant will attempt to proceed with mining
through an amendment of this permit in the future. Chair Geile called a short recess.
Upon reconvening, Mr. Rippe stated there are many lives involved in this area, and he expressed
concern with decreased quality of life, lowered property values, and diminished property rights. He
stated the decreased size of the proposal does not eliminate some of the standards which the
applicant still needs to meet. Mr. Rippe stated the Planning Commission has again recommended
denial on this matter, and he reviewed their findings for the record. He stated the neighborhood
concerns are still valid, and the current proposal is still larger than many others throughout the
County. Mr. Rippe stated the future operations of an asphalt batch plant and recycling will require
importing other raw materials, and added the applicant's comments contradict what has been
proposed in their presentation. He stated some of the adjacent properties are zoned commercial
or industrial; however, the area in general is primarily agricultural.
Michael Ptasnik, surrounding property owner, stated his family previously owned the land for 35
years, and used it for a cattle ranch. He stated the property has water rights which can provide the
site with a total of 14.5 cubic feet of water per second. He stated the site has been irrigated in the
past, and he referred to the 1985 Soil Conservation Map, marked Exhibit R. Mr. Ptasnik stated his
family owns 425 acres east of this site, with three homes adjacent to the proposal boundary. He
stated the most recent referral from the Platte Valley Soil Conservation District indicates the
property has 65 acres of prime farmland, which will now be lost. Mr. Ptasnik stated he was not
aware of the applicant's intentions when he sold the property,and it was his understanding that the
purchaser would continue with agricultural operations. In response to Commissioner Vaad, Mr.
Ptasnik stated the future use of the land was not included in writing as part of the contract, and
when the borings were conducted on the site, he did not realize their significance. Responding to
Chair Geile, Mr. Ptasnik reiterated he feels the intent of the sale was misrepresented, and he feels
the land could support a viable farming or ranching operation. Mr. Morrison stated oral agreements
for land are not enforceable, and the deed and property transaction paperwork does not preclude
the applicant from proceedings as proposed.
2001-2880
PL1545
HEARING CERTIFICATION - PLATTE SAND AND GRAVEL, LLC
(USR#1306 SUPPLEMENT)
PAGE 8
Mr. Rippe stated the application is not compatible with the surrounding land uses, and the Weld
County Sheriff's Office has expressed concern with the potential future conflicts between the site
and the surrounding neighborhood and proposed bus route. Mr. Rippe indicated a new elementary
school is proposed to be located near Weld County Road 36,and the surrounding community feels
the concerns should be addressed in writing prior to approval. He reiterated the historical items are
irreplaceable,the Town of Platteville is opposed due to anticipated growth in the area and conflicts
with its Comprehensive Plan, the Town of Milliken approved this matter with a four-to-three vote,
and he does not see any evident benefit to the neighborhood. He stated there are no written
agreements creating public trails, wildlife areas, etc., and no one has had adequate time to fully
review the impacts of the alternate haul route.
Stan Odenbaugh,surrounding property owner,submitted a packet of his findings regarding the new
haul route, marked Exhibit QQ. He stated this is a substantial change to the supplemental
application, and regardless of any reduction in the initial application, the same amount of materials
is proposed to be mined in only 20 years. Mr.Odenbaugh suggested this will result in an increased
impact to the community. He stated the traffic analysis conducted by the Department of Public
Works does not address site traffic, and the figures provided by the applicant do not add up. He
stated the amount proposed to be mined will require more than 20 years to complete, or an
increased operation load. Mr. Odenbaugh reviewed the traffic amounts and indicated concern with
an intersection with no stop light. He stated there should be more time to adequately review the
traffic study, and added the haul route overlaps onto a future bus route, which is a risk to the
traveling public. Mr. Odenbaugh stated there may not be adequate right-of-way at the intersection
of Weld County Roads 23 and 36 to provide an adequate access to the site, and the haul route for
trucks heading north does not make sense because they must first go south to the Port of Entry.
He stated the supplemental and revised application will likely result in the same impacts to the
neighborhood as the initial proposal.
Mr. Rippe stated the alternate haul route will affect an entirely new set of people, no one has had
adequate time to review the potential impacts,and he expressed concern with contamination along
the South Platte River. Mr. Rippe stated although the proposal meets most of the technical
requirements of the County Code, there are still concerns with the applicant's other business
operations, which may indicate how this site will be operated. Mr. Rippe stated the applicant has
never operated this type of business before,although they currently operate concrete batch plants
in Denver and Lakewood. (Switched to Tape #2001-43.) Mr. Rippe stated he spoke with
surrounding property owners of Central Ready Mix,owned by the applicant in Lakewood,and found
disturbing information. (Clerk's Note: All items displayed or referred to by Mr. Rippe are part of
Exhibit RR.) Mr. Rippe displayed various letters and records from the City of Lakewood,describing
various violations which were found at the Central Ready Mix site. He displayed recent
photographs, as well as the Articles of Incorporation for the company's organization. Mr. Rippe
questioned the applicant's involvement with this operation, and stated they have not had a very
good reputation for operating a neat and orderly business. He further stated the violations began
in September 1999, and were still being addressed as recently as March 2001. Mr. Rippe stated
the applicant has made an effort to clean the site; however, the piles in Lakewood were moved to
the property in Platteville, and he does not feel the County has enough staff to deal with this type
of situation. He stated the issues need to be addressed before the neighbors are called upon to
report violations occurring at the site. In response to Commissioner Jerke, Mr. Rippe stated the
2001-2880
PL1545
HEARING CERTIFICATION - PLATTE SAND AND GRAVEL, LLC
(USR #1306 SUPPLEMENT)
PAGE 9
documents only show Krystal Hoffschneider as part of the Central Ready Mix operation; however,
based on comments made by the applicant, Mr. Hoffschneider and Mr.Sharkey also have dealings
with the company. Chair Geile commented the deeds indicate a Recorded Exemption was
completed on the site; however, the applicant went by the name of De Pratt.
Norm Swank, surrounding property owner, stated he has lived in this area for 36 years, and he
concurred there is not adequate right-of-way at the intersection of Weld County Roads 36 and 23
to create a bridge over the ditch to access the site. Chair Geile called a ten minute recess.
Margaret Bose, surrounding property owner, stated she and her family have lived in the area for
four years and built a very nice home. Ms. Bose stated a majority of the trucks travel too fast, and
cause damage to the roads. She stated in the past trucks have used Weld County Road 40 to haul
materials in and she expressed doubt that the proposed haul route would be followed. Ms. Bose
stated the area is no longer safe for children to play and the roads are in poor condition. In
response to Chair Geile, Mr. Hempen stated the Department of Public Works will review the road
for potential maintenance and upgrades in the future. There being no further comments, Chair
Geile closed public testimony.
Mr. Haren stated the applicant has been working on completing agreements and obtaining the
necessary approvals from agencies to comply with the County requirements. He stated no other
gravel mine proposal has had a traffic study reviewed and approved prior to the Commissioners
hearing. He further stated they have met approximately 80 percent of the Conditions of Approval
recommended by staff, the Planning Commission, and referral agencies.
Ms. Schneider stated the applicant owns one-quarter of the right-of-way at the intersection of Weld
County Roads 36 and 23, and she feels they can build an access at an angle, without purchasing
additional right-of-way from the surrounding property owners. She referred to the comments made
by Mr. Odenbaugh, and stated his information was presented assuming the mine were to operate
at 100 percent efficiency. She stated this is not realistic, due to waste materials and other issues
that reduce the amount which is actually hauled from the mine. Ms. Schneider stated 600 tons of
materials will be removed from the site each day. She further stated Mr. Fasching's comments
related to a haul route which will provide the safest route, with the most efficiency. She stated
either route can handle the capacity anticipated. In response to Commissioner Long, Ms.
Schneider stated most imported materials for the batch plants in the future will come from Denver;
however, that will only require three trucks per day. She estimated the daily average number of
truck trips per day to be 80 trucks, for a total of 170 trips both ways.
Frank Ginsberg, attorney, stated the applicant has worked on various agreements with the ditch
and oil companies. He explained Central Ready Mix is a Hoffschneider/Colorado Structures
partnership, and Krystal Hoffschneider is Rocky Hoffschneider's daughter. Mr. Ginsberg stated
a river bank stabilization permit was issued, and the materials piled at the site will be used along
the river bank to fulfill the permit. He added the materials were not brought from Lakewood as
indicated by Mr. Rippe. Mr. Ginsberg stated the Hoffschneider family purchased the property in
Lakewood in April 2000, which already had various violations created by the previous owner. He
stated it has been a slow process trying to clean up the mess; however, the trash and residue have
now been removed. He further stated there is a final agreement with the City of Lakewood
2001-2880
PL1545
HEARING CERTIFICATION - PLATTE SAND AND GRAVEL, LLC
(USR#1306 SUPPLEMENT)
PAGE 10
indicating which items have been met, and what is left to address. He explained there is a
company across the street which was washing machinery, and the waste flowed across the
applicant's property and out onto the railroad property. He stated there are other Concrete Ready
Mix operations at other locations,which are in much better condition, and this site is an exception.
Mr. Haren stated the Board must consider all that has been accomplished and completed up to this
point,and he added this is a viable operation for this particular site considering the purchase price.
In response to Commissioner Vaad, Mr. Haren stated the area proposed to be mined has very little
top soil,and he estimated the property to be worth$1,200 to$2,000 per acre. He stated other sites
with development options in southern Weld County are worth significantly more. In response to
Chair Geile, Mr. Haren stated he reviewed the site prior to the purchase by Mr. Sharkey,and at that
time it was determined that a confined animal feeding operation would not be a viable operation
due to the location within the flood plain. Mr. Sharkey stated he purchased the property for $3.5
million, and he did get permission from the seller to drill prior to the closing date. He added there
were no restrictions on gravel mining operations, the water was sold, and he explained the prior
owner only wintered cattle on site.
Mr. Hempen stated if this proposal is approved, the applicant concurs with staffs' determination
regarding the eastern haul route. In response to Commissioner Vaad, Mr. Hempen stated the new
traffic report was received on September 24, 2001, so there was only one week to complete the
analysis. In response to Commissioner Jerke, Mr. Hempen stated the applicant will be required
to construct an appropriate access, and he feels the problems can be addressed.
Mr. Ogle requested the five conditions proposed in the Memorandum from the Department of
Public Works, marked Exhibit LL, be included in the Board's Resolution as Conditions of Approval.
Mr.Ogle stated item#5 of the memorandum could also be amended further state,"All traffic related
to Use by Special Review Permit #1306 shall be required to use the Weld County Road 36 haul
route,and cannot use State Highway 66 at any time." CommissionerJerke expressed concern with
the additional language because it is difficult to restrict the trucks from using Highway 66 once they
leave the gravel mine. Mr. Ogle and Mr. Hempen concurred,and indicated the language was being
proposed in an attempt to address the concerns expressed earlier in the public testimony. Mr.Ogle
requested Condition#2.P be amended to remove the words"of approval." He stated the language
under Condition#2.Q is no longer applicable and should be deleted and replaced with the language
from item#1 of the Memorandum, marked Exhibit LL. He also requested items#2, #3, #4, and#5
of the Memorandum be added to the Board's Resolution as Conditions of Approval #2.R, #2.S,
#2.T, and #2.U, respectively. Mr. Ogle stated a new Development Standard #5 should be added
to state,"All mining and gravel equipment shall be appropriately maintained as to prevent discharge
of petroleum products into/onto the soil or surface waters."
Commissioner Vaad stated parts of the discussion have been disturbing; however, after review of
the County Comprehensive Plan there is a strong case for the property owner to determine the
highest and best use of the property, which is not necessarily happening as it currently exists. He
stated there is a large number of people who live in the neighborhood and he takes that very
seriously. There is an obligation on the neighbors to realize the new property owner's rights to use
the property in an economically viable way and agricultural uses are not viable.
2001-2880
PL1545
HEARING CERTIFICATION - PLATTE SAND AND GRAVEL, LLC
(USR #1306 SUPPLEMENT)
PAGE 11
Commissioner Jerke commented he was in favor of the proposal until he considered the comments
made by Mr. Rippe regarding the other operations of the applicant. He stated the sand and gravel
present at the site is an enormous asset, which is needed in the area. He stated the asset exists
due to the location along the river and other geographical features. Commissioner Jerke stated
there is a need for roads, buildings, and other development in order for the economy to continue
to function. He stated the Board cannot commit a future board to actions in the future, and it will
be up to future boards and property owners as to whether this permit would be amended and
expanded if approved at this point. Commissioner Jerke stated the applicant has indicated the
wildlife and historical features of the site are important, and they will work to accommodate them
and preserve them. He further stated there have been some negative aspects of the operations
owned by the applicant in other areas; however, it is his understanding they purchased the
problem, they did not create it.
Commissioner Masden stated he has mixed feelings due to the variety of issues discussed. He
stated there have been some interesting points brought forward regarding the current operations
at other facilities, but it appears they may be getting better. Commissioner Masden stated he still
has questions as to why they purchased a site which was in violation; however, he realizes the
property under consideration contains a major asset in Weld County which allows for further
development.
Commissioner Long commented this hearing highlights the property rights on both sides of the
issue. He stated there has been a willingness on the applicant's part to try and mitigate the
concerns expressed while still trying to make the best of the property. He further stated the
community also has a valid point of view for their property rights and way of life.
Commissioner Jerke added the eastern haul route is preferable to the original haul route, and he
feels this is an improvement, not a trick by the applicant. He stated some permits bring up other
issues that must be addressed as the review process progresses and he feels amendments are
necessary in a large plan such as this. Commissioner Jerke further stated Weld County Road 36
will be paved if this permit approved, which will be an improvement over the existing conditions.
Chair Geile read Section 22-5-80.A.2 of Weld County Code for the record regarding the protection
of mineral resources. He stated the Board must also work to minimize impacts to the surrounding
land uses. He referred to other mining operations which were denied by previous boards due to
unsafe conditions, such as increased truck traffic and inadequate road capacities. He stated Two
Rivers Parkway leads into Highway 66, which accesses Highway 85 one-half mile to the north of
the site's access onto the same Highway. He stated that roadway will be adding even more traffic
to Highway 85, and adding gravel trucks to the situation will be a hazard to the traveling public. He
further stated there are numerous accidents along this portion of Highway 85, and the County is
still working with CDOT to get signalization along the Highway. Chair Geile expressed concern with
adding more truck traffic without proper signalization,and added an archeological review of the site
should be completed prior to submittal of an application of this nature to eliminate any concerns.
He stated if the issue is not addressed now, the County could be put in a position of exposure.
Chair Geile stated he also has concerns with inadequate access at the intersection of Weld County
Roads 23 and 36 due to abnormal right-of-way widths.
2001-2880
PL1545
HEARING CERTIFICATION - PLATTE SAND AND GRAVEL, LLC
(USR#1306 SUPPLEMENT)
PAGE 12
Commissioner Vaad stated he cannot find compliance with Section 23-2-230.B.3 of the County
Code regarding compatibility with the existing surrounding uses. He stated the applicant has
indicated there is progress being made at the site in Lakewood; however, it appeared to take the
City a long time to get cooperation from the applicant. Commissioner Vaad stated the proposal
does not comply with Section 23-2-230.B.7 because there will not be adequate provisions for the
health, safety, and welfare of the inhabitants of the neighborhood and County. Based on those
findings, Commissioner Vaad moved to deny the request of Platte Sand and Gravel, LLC,for a Site
Specific Development Plan and Supplemental Application for Use by Special Review Permit#1306
for Mineral Resource Development Facilities Including a Concrete and Asphalt Batch Plant and
Gravel Mining in the A (agricultural) Zone District. The motion was seconded by Commissioner
Long, and it carried unanimously. There being no further discussion, the hearing was concluded
at 7:05 p.m.
This Certification was approved on the 15th day of October, 2001.
APPROVED:
BOARD O COUNTY COMMISSIONERS
WELD C +UNTY, COLORADO
�51 N ��'[/"
ATTEST: J�,I�/�/�l �� Eli_t . ' 01
. J. Geile, Chai
Weld County Clerk to the : fig. .? --
A
BY: './i , ` r % rsy ; ♦.��Nf/
Deputy Clerk to the Boar'? 1�
fit, J�rke�
TAPES #2001-41, #2001-42, and #2001-43 ��((II CC
‘i
avi E. Long
DOCKET #2001-69 ���
Robert D. asden
2001-2880
PL1545
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1306 - PLATTE SAND AND GRAVEL, LLC
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 06/05/2001)
D. Clerk to the Board Notice of Hearing
E. Rory Murphy Letter of Opposition (06/23/2001)
F. Richard Klein E-Mail of Opposition (06/24/2001)
G. Darrel Armstrong E-Mail of Opposition (06/25/2001)
H. Abigail J. C. E-Mail of Opposition (06/28/2001)
Bobby Hooser Letter of Opposition (07/02/2001)
J. Applicant Letter indicating intent to proceed
(07/24/2001)
K. Applicant Revised Application Materials (filed under
Application tab) and Oversized map of
Mining Plan (08/15/2001)
L. Kathy Hardin Letter of Opposition (08/15/2001)
M. Laura Sheriff Letter of Opposition (08/20/2001)
N. Ronald Gentry Letter of Opposition (08/20/2001)
O. Virginia O'Hare Letter of Opposition (08/20/2001)
P. Joe Roybal E-Mail of Opposition (08/19/2001)
Q. Christine St. Vrain-Howard E-Mail of Opposition (08/20/2001)
R. Lila and Ken Mayer E-Mail of Opposition (08/20/2001)
S. R.S. Joe Pinner E-Mail of Opposition (08/20/2001)
T. Applicant Supplement to Revised Application
(08/19/2001)
EXHIBIT INVENTORY CONTROL SHEET - PLATTE SAND AND GRAVEL, LLC (USR #1306)
U. Frank Stewart Letter of Opposition (08/21/2001)
V. Laura and Paul Salazar E-Mail of Opposition (08/22/2001)
W. Marva Amerine Letter of Concern (08/20/2001)
X. William Perry Letter of Opposition (08/22/2001)
Y. Christine Howard E-Mail/Petition of Opposition (08/22/2001)
Z. Planning Staff Certificate of Sign Posting
THE FOLLOWING EXHIBITS WERE SUBMITTED FOR THE SUPPLEMENTAL
APPLICATION HEARING ON 10/10/2001
AA. Clerk to the Board Supplemental Notice and Mailing List
BB. Applicant Letter inviting BOCC to visit site
(10/05/2001)
CC. Planning Staff Supplemental Inventory of Items Submitted
DD. Planning Commission Resolution of Recommendation
EE. Planning Commission Summary of Hearing (Minutes 10/02/2001)
FF. Hi-Country Agency, Inc./Martin Family Letter of Opposition (10/04/2001)
GG. Kathy Hardin E-Mail of Opposition (10/08/2001)
HH. Diane Brotemarkle E-Mail of Opposition (10/08/2001)
II. Jill and Dave Eldredge E-Mail of Opposition (10/09/2001)
JJ. Melissa Stone E-Mail of Opposition (10/09/2001)
KK. Jean Brandenburg E-Mail of Opposition (10/09/2001)
LL. Public Works Staff Memo re: Alternate Haul Route
(10/09/2001)
MM. Royce Reinick E-Mail of Opposition (10/10/2001)
NN. Applicant U.S.G.S. - Primary Report on Aggregate
Use and Permitting Along Front Range
00. Applicant 44 Overheads used in Presentation
PP. Nancy Fisher Mitigation Concessions Updated since
Planning Commission hearing
QQ. Stan Odenbaugh Traffic Comments based on Revised
Application
RR. Bruce Rippe Supporting Documents of his presentation
SS.
TT.
UU.
W.
WW.
XX.
YY.
zz.
AAA.
BBB.
CCC.
DDD.
EEE.
FFF.
GGG.
HHH.
III.
JJJ.
KKK.
LLL.
MMM.
NNN.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 10TH DAY OF OCTOBER, 2001:
DOCKET#2001-64 -VARRA COMPANIES, INC.
DOCKET#2001-68 - WESTERN MOBILE, INC.
DOCKET#2001-69 - PLATTE SAND AND GRAVEL, LLC
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
Zi Li_ e)ST x747OCe-#a-6 C-1,2P-1O/1/4/ rroC,c,Q ( .loot - h`i
- ztcc ' (y___\&.:,
r �cLLi c7 , ulac(TX - - `,rcrl-e-c Zc c( — C'SS
✓ &2(o 7 Aikwvu.r,t,a , dtrA vr-C) zero/ - �('
64t( /c- /�,s'// 02 -,2 3 id/iv /!1'IV' Icb
a11ni& IV Marl-1 A 12013 036' uiArraVI LA-F- c04,5-1 Zoo(-6/ /j
VZ !' mW IN �� ki 11 2001- 6
Lea if u2(l7 Ale 3& 6? � - 1 zit -�,�it ar,4
0flk.r ,t�; ),._ ,/ /,� 50 Le i' 12_3 -12_35 ?LF\-eo, I 614 -063-/ ,Roo I - 6
iiik 7Z 5u) /1 -11T t eR 23 te ' 7 id, 6 7 a� 6 - , 7o / (y
„tit,s-u2hf / r o (zip„1,/- %pttev,/4 z26(1 - ,200/77
6 natt 92.2./.. sect4,ic , (. `a,,,e3.2 , (0 fc'c-SI - as o, -47
2h 7t Luc • o s r 20 a ) - ig
ka _ ` l' s+C wc2 3 Qto a:(le_ I(u 06S ,—I 1 001 -( `k
/4/5 ) 1 Mu* , DA? &C23L, ?la/*ev, Ile, Co 20(06-/ net -679
\fry!CL 117?7 C_ ,k'. )8[191Tr /[.L6 , ( 0 . 065/ a6o/ -4,j
g11) )1Ou r C /7 -2 )7 (it - --3 - .;2C0 / -
9 ,
d/YOAI aLCD. by y 1� )i t A P b o * I 0 M05 I—
� ,� � ( lot �� k � '� PI �;(l e 'r &c/ 7[`)(- C,1
a b a v-nie't �o/O(, -1&4 jI i ,//f J ±i7 r -q,4 c 0'/-G?
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 10TH DAY OF OCTOBER, 2001:
DOCKET#2001-64 - VARRA COMPANIES, INC.
DOCKET#2001-68 - WESTERN MOBILE, INC.
DOCKET#2001-69 - PLATTE SAND AND GRAVEL, LLC
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
Cs't(IA- - Iv wUz O/ eF1c u< < (Q cR°C) p
9�C,1r�riS \CA\\nl \a Q J \\Q cC5D) �Q l
T)elniobie tYg1,1HLJ1v IIU CraMdurr✓c;. C-F, 1 eocL 1f- a(r; 1 - 6 /
Asa /G m4012.t)%,yD 4474 '//e-e/ -1P�
�,c /17 27 C/e13b Pt 1iwi/(e ate — 69
: (mg Ue 3( Pcth,,,,M. C 9 I-64
`I P c. n e v e41- C4r0‘ I I q ( C'I VI) C r(G:-4-t P Q i l l ER `900 I — (05
AAt,c�0nfc„ tio r� ,oi) - 1,,-CfLeRpilueP b; /..Gkt.oPaz<r6: en gnc3i, 1± 7/-6,9
)17 �e.t �.i /llo
i
471€-% ,/ c DoA/vil.4?l/0 a //,'of) se-CP O//4 4t 4 i nioc /
is � -1 62-30, P i1CC> Fati oRcO1-w�
c to gGr7 X12 3< r Cry £/o6C 1 oc i- s �
CURS 1 14ALE 1127/ Luc,3.2. PLA:rrnv/ccP, Co oocc, zow -c j
j ebisk 6--(�n�yq� ,10-73-6n, Av_e £ ee[e j Co k063 / aa�l - t
eAptip„, P riek)nb 441A /(o/& (e-)CZ'-23 filaPcivt�ell koGS/ Oo/ - 6
()Xi)I_ ODE n1bAUGN /440 Wdk -P/a-iie.t>, elf‘44a0o/
bliedskie fiemkL/bV 3 S 1464e; id Wart) ,d4,wea #1 oleo 1-&11
( (SC//4t C"/sal // 2V(o 5.)ef— 61
/9be y hlck 3 U P,/zriavcr:L, (P,07) c,;,/ -
7 b '' b,..:62a/ � �obcf/ 741-- -)7), 6y
.J/n.. on" p v,G1 //7 lj Lc, c2 31//2 7:e'7; / L- o Ec. 04 ., I
p u �20-cc'l a ri i I&0.t."— 1)41X,//;//o 9
CG1/f`5Fasdv Feisb,,�5 It e ��le�� ?�S� .�_ fog/eL.ocJ Ave
�� �, GP"%1 i2 1 . err
it i /rove��ry /iUC �DF'/�� Cnp�/r' �o Sl6,$
Hello